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Home My WebLink About07-22-1991 Council PacketI,f- h Planning Commission PUBLIC ATTELXANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS N'Ai'IE OR NUMBER PRESENT FOR (from agenda) 1.yA/^r?y V Sz’Z'L/thifl- OU'tJt:CR.t L'u .•. . ;.)?y ,‘V-/i/L / L L- L r.-P.i^►VT i V .jT C f -i’r'/\r J ....../ ,.v T / 6. 7. 8. 9. 0. 1. 2.1 ]\ 3. 4. 5. 6. 7. 8. 9. 0. t.. I •V V % r' • " I* AND . WHl HIA9i •'•* Kwwtota Sniwtat Stdion 4MM9 CTiim • HouKim aiwj ^ •Mtwiftr ihrf JSSSSijriSH!^^^•tOMon, MM tfiit Mft m ntitf ioi m s”yy*p*y»*^c»wdionwct»oi BSsEi&^.£i^" r l "iBiiwjSLyi •oCtSA 1 III -■»» witiMit ^^vtrnfntmal tliini • nm4 hr a hnu^gg mwi^irwii aahi» „ toacyStfS £SSI!| to .« Z?^gjyj!*?*»»^wrii>w» «Mn 36 __..?* "**?. *•*»>» tofvgoing A4|r *««g anri lAiM Juna Kil^ *" ^ Ptorm^r Juty •. iti<to>ifeMfiiiiiiV I iJUt 1 5 1321 Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound. Min nesota. and has full knowledge of the facts which are stated below A ) The newspaper has complied with all the require ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A 02. 331A 07. and other applicable laws, as which IS attached was cut from the columns of said newspaper, and was printed and published once each week for______J____________successive weeks It was first published Monday. the day of ’/iAjj Q 19/z and was thereafter printed arid published every Monday, to and including Mor»day. the ____ day of _____________ m VARIETTA a STRAUS ‘O’ARy Puaie CARVER COUNTY »» CCVM io JS E»®'RiS > < S« Subscribed and sworn to me on this Lday of ri Tw O ■ 1 ■ • ■'» n / ■ I ( 'I i / ^ - ■ yf ! >■ Notary Public Rate Information Ml Lowest classified faie paid by coimriefctai users lor compara ble space *10 40 per inch (2) Mawmum reie allowed by law for above matter S10 40 per inch (3) Rate actually charged lor above tnatter SS 40 per tncn Each addihotval successivd week S3 66 per inch I I : I f iV To: Date: Subject: Mayor Peterson and City Council Members V \Mark E. Bernhardson» City AdininistratcfJ' I July 12, 1991 Public Hearing - Housing Redevelopment Authority ATTACHMENTS - X) Resolution Proposing a Public Hearing for a HRD Dated 6/24/91 B) Draft Resolution Regarding the Establishment of a HRA ISSUE 1. 2. 3. Hold a scheduled public hearing at 7:00 p.m. Determine if Council desires to establish a HRA. If established, determination as to who they desire to appoint as HRA members. INTRODUCTION - At the Council's June 24, 1991 meeting, they adopted Attachment A as a resolution proposing a public hearing to determine if there is any desire to establish a Housing Redevelopment Authority. Attachment A was published in the Pioneer July 5, 1991 edition and met the necessary publication re<)uirements for at least 10 days and no more than 30 days prior to the public hearing. DISCUSSION - Establishment of a HRA allows a City to undertake activities that would not be otherwise able to undertake. If established, there is no requirement that the Housing Redevelopment Authority undertake any projects if it chooses not to. If the Council itself becomes the entire membership of the Housing Redevelopment Authority Board of Commissioners, then the Council is in full control of the Housing Redevelopment Authority's activities. %■ -is • , » « t LV :v Housing Redevelopment Authority July 12, 1991 Page 2 of 2 - Public Hearing It should be noted that some activities of the Housing Redevelopment Authority also require action of the City Council, which may result in holding separate meetings consecutively for the two bodies to act on the same item, even if the membership is identical. ALTERNATIVES - 1. Issue #1 - Holding a public hearing. a) Hold a public hearing b) Continue until the next meeting. c) Conclude the public hearing. 2.Issue >2 - Determination as to establishment if the hearing is concluded: a) Adopting a resolution establishing a HRA b) Amend and adopt. c) Choose not to establish a HRA. d) Table for further discussion. 3.Issue »3 - Appointment of HRA Commissioners if a HRA is established: aj Appoint Council Members as Commissioners of the HRA and include in establishment resolution. b) Select other individuals for membership on the HRA c) Table for further discussion RECOMMENDATION - Upon conclusion of the public hearing, it is recommended that given t?additional flexibility with no requirement of the HRA undertake any projects if it so chooses not to, that the City establish an HRA and that the Council appoint itselves as members to that HRA. PROPOSED MOTION - Moved by ___, seconded by ___, upon conclusion of the public hearing, the City Council adopts Resolution » Making the necessary findings for the implementation of a Housing and Redevelopment Authority within the City of Orono, and further appoints the following people as HRA Commissioners: Ayes , nays MSB/tln iht-V ff K fv- rr^r Hers and Associates, Inc. ,-/'f .-. :.3 IT^ I 1 LEADERS IN PUBLIC FINANCE U ,*-3.J c U JUl 1 8 19S: July 17.1991 Mark Bemhardson City Administrator Oim City Hail Box 60 Crystal Bay. MN 55323 cc: Tom Barrett Attorney at Law Popham. Halk. Schrwbrich & Kaufman. Ltd. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis. MN 55402 Re: HRA hearing; establishment of HRA Enoloeed please find draft copies of a sample resolution establishing an HRA for the City of Oforx) and sample by-laws ¥vhlch have been adopted by other such authorities. Following the public hewing, the Council vrauld be In a position to take action. If it is so incUned. to establish the HRA, designate offlcers and possibly adopt by-laws. In order to begin prelmlnary drafting of lease documents for the Council's review, we would euQQeit a bond attorney be identified, possibly Dorsey & Whitney which flmi acts as the City's allsmats attorney and also has significant experience with lease financing. Also enclosed are sample lease documents. Let me know if you need anything further Sincerely, EHLERS AND ASSOCIATES. INC Carolyn Drude Senior Vice President CD:oe End. ZCJE356/23 OFFICES IN MINNEAPOLIS. MN • WAUKESHA. Wl • JAMESTOWN. NO 2960 Norwesi Center* 90 South Seventh Street • Minneapolis. MN 55^02 4too • 612-339-829I • FAX 612-339-0854 I i. !• Council Member introduced the following resolution and moved ita adoption: A RESOLUTION DECLARING THE NEED FOR AND ESTABLISHING A HOUSING AND REDEVELOPMENT AUTHORITY IN CITY or ORONO, MINNESOTA Pursuant to a resolution adopted by this Council on the 24th day of June, 1991. a hearing has been held by the City of Orono, Minnesota, to determine the need for t Housing and Redevelopment Authority to function in the City. WHEREAS, Minnesota Statutes, Section 469.004, creates a Housing and Redevelopment Authority in each City in this State and provides that such an authority shall not transact any business or exercise any powers until the Sovemlng body of the City by resolution, finds that there is a need for a (jlty •uthority to function in th€ City; and WHEREAS, facts have been submitted to this body at a public hearing showing there is a need for a Housing and Redevelopment Authority to function in the City of Orono, Minnesota, NOW THEREFORE BE IT RESOLVED by ' ’ '^ity Cc -cil . the City of Orono, Minnesota, that the folt:r.-ing are found determined and declared: (a) That there is a need for development and redevelopment within the boundaries of the City of Orono to improve the tax base and to improve the general economy of the City and the State of Minnesota; and (b) That areas within the City are potentially more useful and valuable than has been realised under existing development and that they may be less productive because of the laclc of proper utilisation and investment, and consequently are not contributing to the City’s tax base to full potential; and (c) That substandard, slum or blighted areas exist in the City which cannot be redeveloped without governmental assistance; and <d) That there is a shortage of decent, safe, and sanitary dwelling accomodations available to persons of low income and their families at rentals they can afford; and (e) That there is a need for a city housing and redevelopment authority to function in the City. The fflotion to adopt the Member foregoing resolution was seconded by Council _• and upon a vote being taken^ the following voted in ^avor thereof: and the following voted against the same; Whereupon said resolution was declared duly passed and adopted. V‘. .' t’'. % A RESOLUTION OF APPRECIATION CITY RECORDER LAURIE SCHEFFLER ffHEREASr the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and HHBRBASr Laurie Scheffler began her employment with the City of Orono on a part time basis as secretary/recorder on July 11, 1988, and WHBRBAS, Laurie became a full time secretary/recorder on January 1, 1989 and on March 2, 1 990 Laurie contracted with the City of Orono as Recorder. She served as Recorder to the City Council, Planning Commission and Park Commission. WHBRBAS, Laurie Scheffler has been a positive asset to the City staff and has performed her duties in a timely and professional manner. WHBRBAS, Laurie Scheffler and her family are moving to St. Louis, Missouri and has submitted her resignation to become effective after the July 22, 1991 Council meeting. NOW, THBREPORE BE IT RESOLVED, that the City of Orono Mayor, Council, Planning and Park Commissions, residents and employees thank Laurie for a job well done and wish her and her family well in their new home. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 22, 1991. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 8, 1991 ROLL CALL: The Council met on the above date w.-h the folio present: Mayor Barbara Peterson, CounciImembers J.C^^ Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler, following represented the City Staff: City Administrator Mar Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p.m. (#1*)CONSENT AGENDA Councilmember Jabbour request'd that from the Consent Agenda. Item #21 be removed Councilmember Goetten requested the removal of item #24 from the Consent Agenda. It was moved by Butler, seconded by Goetten, to approve the Consent Agenda, with the exception of item number 21 and 24, which were removed and discussed in the sequence shown on the Agenda. All voted aye. Motion passed. (#2*)APPROVAL OF MINUTES It was moved by Butler, seconded by Goetten, to appro- Minutes of the Regular Council Meeting held June 24, 1991. voted aye. Motion passed. the All PLANNING COMMISSION COMMENTS: Planning Commission Representative Bellows was present, and indicated that she had no comments at this time. PUBLIC COMMENTS: None. > ^ '■ ZONING ADMINISTRATOR'S REPORT: («3)ZONING FILE *1634-CLAIR ROOD 2215 KENWOOD WAY VARIANCE/CONDITIONAL USE PERMIT Clair Rood was not present and Council agreed that tabling this application would be appropriate. It was moved by Goetten, '.econded by Jabbour, to table this item until such time that the applicant, or a representative, can attend the Council meeting. All voted aye. Motion passed. - 1 - r GRONO CITY COUNCIL MEETING HELD JULY 8, 1991 (f4)ZONING FILE #1645-A.J. GRAF 2008 SUGARWOOD DRIVE REQUEST FOR SECOND CURB CUT Mr. Graf was present for the review and consideration of his application. Bej^fihardson explained the issues involved with Mr. Graf s request for an additional curb cut to access his property. There is an island situated in the street in front of Mr. Graf’s property, which makes it difficult for vehicles to maneuver into the existing driveway. Bernhardson noted that due to the location of existing mature trees, the island was created in a different configuration than what was shown on the final plat. Butler stated that there are two trees within the island, and though she supports tree preservation, safety is more of a concern. She advised that the location of the island is such that there is a minimal widf between it and the curb. Entler indicated that she would like to see the island removed. Mabusth advised that the Dev^'ioper of this plat, Sid Rebers, has great concern about tree removal. She suggested that it may be appropriate to give him the opportunity to respond to the request to remove the island before Council takes final action. Goetten suggested having the City Engineer and/or Public Works Director examine the situation to determine if there is in fact a safety problem. Graf stated that his is the only lot that is affected by the island. He said, "As a resident of Sugarwoods and the City of Orono, I would hate to see the two Maple trees withm the island removed. I believe that the second curb cut would provide a more safe method of accessing my property.” Mayor Peterson noted that the majority of Planning Commission members had recommended closing otf the eastern access in lieu of a western access. She asked Bellows to elaborate on their recommendation. Bellows advised that the majority of Planning Commission members did not believe that removing the island would solve the access problem. She added that this is not the first time this property has been reviewed in terms of a driveway. Bellows said, "The Planning Commission appreciated the fact that Mr. Graf is in a very aifficult position. This particular house was designed without adequate consideration being given to its ability to meet the intent or letter of the covenants. Several Planning Commission members also believed that adding another curb cut may in fact enhance the sighting problems." Glenn Cook stated that if Sugarwood Drive was a public. - 2 - ' r,.* ORONO CITY COUr''IL MEETING HELD JULY 8, 1991 (#4)ZONING FILE #1645-GRAF CONTINUED rather the. private street, he would not have recommended the island at all. He added that he had made a field inspection of the property and recommended a circle drive with a single driveway access. At some point in time, Sugarwood Drive will become a public street, and a single curb cut would be preferred. It would also be at that time (when the road is converted from private to public) that the island should be re.moved. He suggested Council incorporate tu-t condition into their motion, should they approve Mr. Graf's request. Graf explained that constructing a circle drive property would be extremely disruptive to the trees property, and would require the installation of culverts. on on his the Callahan indicated that, in his opinion, two curb cuts, as requested by Mr. Graf, would be the obvious solution to the problem. Bellows advised that the Planning Commission has reviewed this property once before this in terms of a driveway. At that time, the need for a second curb cut was never raised, the requ'^st involved additional encroachment into the front street yard. It was moved by Callahan, seconded by Butler, for purposes of discussion, to grant the applicant's request for an additional curb cut. Jabbour as)<ed Callahan if he would amend his motion to include a condit.’.on requiring that the island and second curb cut be removed at such time that the road becomes public. Callahan stated that he did not wish to amend his motion. Motion, Ayes-2, Mayor Peterson, Goetten, and Jabbour, Nay. Motion failed. It was moved by Jabbour, seconded by Callahan, to grant the applicant's request for an additional curb cut, subject to the curb cut and island being removed at the time the street becomes public. Morion, Ayes-2, Butler, Goetten, Mayor Peterson. Nay. Motion failed. It was moved by Butler, seconded by Jabbour, to have the island removed and maintain the existing dt’veway with only one curb cut. Motion, Ayes-2, Goetten, Callahan, and Mayor Peterson, Nay. Motion failed. It was moved by Mayor Peterson, seconded by Jabbour for purposes of discussion, to allow the applicant to construct a curb cut west of the existing curb cut, which is to be removed. The island is to remain <.*3 is. Motion, Ayes-2, Butler, Goetten, and Callahan, Nay. Motion failed. Mayor Peterson suggested giving the developer an opportunity to address the possibility of removing the island. - h - l« i ?' rI f r !>■ i % p' l, iia. ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (14)ZONING FILE 11645-GRAF CONTINUED Bernhardson stated that City Staff would contact the developer and would work with the City Engineer in regard to the rainificaticns and/or benefits of removing the island. Information would be presented to Council at their July 22, 1991, meeting. It was moved by Mayor Peterson, seconded by Jabbour, to table this item until Council's July 22, 1991 meeting. All voted aye. Motion passed. Mr. Graf stated for the record that he would withdraw his request for the additional curb cut in order to assure that the i;land will remain. (#5*)ZONING FILE #1648-RONALD PRINEAS 1920 SHORELINE DRIVE VARIANCE RENEWAL-RESOLUTION 12979 It was moved by Butler, seconded by Resolution #2979, granting a renewal of a originally granted in 1989 as set forth in Resolution #2650. All voted aye. Motion passed. Goetten, to adopt lot width Variance (#6)ZONING PILE #1649-ELAINE PETERSON 1921 FAGERNESS POINT VARIANCE-RESOLUTION #2980 Elaine and Daryl Peterson were present for this matter. Bernhardson summarized the information pertaining Peterson's application. to the It was moved by Butler, seconded by Goetten, to adopt Resolution #2980, granting side setback and hardcover Variances to construct a detached garage. All voted aye. Motion passed. (#7)ZONING FILE #1650-HENNEPIN COUNTY DEPT OF TRANSPORTATION INTERSECTION OP COUNTY ROADS 15 AND 51 AFTER-THE-FACT CONDITIONAL USE PERMIT/VARIANCE There were no representatives present on behalf of the Hennepin County Department of Transportation. It was moved by Butler, seconded by Mayor Peterson, to grant an after-the-fact Conditional Use Permit and Variance for land alterations within the 75 foot setback area in excess of 100 cubic yards, based on Staff findings #1 and #2, as set forth in Jeanne Mabusth's memo dated June 12, 1991. All voted aye. Motion passed. - 4 - r t, i- V ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (#8)ZONING FILE #1652-DANIEL AND BARBARA FLEISCHMAN 500 HANLON AVENUE VARIANCE-RESOLUTION #2982 Barbara Fleischman was present. Bernhardson provided a brief e.xplanation of the Fleischman’s application^ noting that the Planning Conmission recommended approval. It was moved by Butler, seconded by Goetten, to adopt Resolution #2982, granting a side and rear setback Variance to construct a deck. All voted aye. Motion passed. (#9)ZONING FILE #1653-JEFF JOHNSON 3825 CHERRY AVENUE VACATION-RESOLUTION #2983 Jeff Johnson was present for the review of his application. Bernhardson reviewed the information outlined in Jeanne Mabusth's June 12, 1991 memo pertaining to this application. Mabusth added that there were no concerns raised by any of the neighboring property owners. One of the owners did attend the Public Hearing on this matter to question how the vacation v#iil impact her property. Mabusth also noted that the Park Commission did not address this application, in terms of a future bike trail, at their last meeting. Jeff Johnson explained his reason for requesting the Vacation. He stated that he would have either had to apply for a Variance or a Vacation in order to construct a deck onto his home. He believed the Vacation to be a more sensible approach. Johnson stated that, in his opirion, the Vacated alley would not provide a suitable area for a bike trail because of the wetlands in the area. He commented that he would like to have Council act on his application with as little delay as possible. Mabusth noted that it is a policy of the City to have the Park Commission review land that is the subject of a Vacation or subdividing, prior to either occurring. Mayor Peterson and Jabbour thought it would make sense to have the entire alley vacated at once. Mabusth explained that if such were the case, it would be necessary for the City to approach each property owner to secure any easements, and that could be a costly process. Jabbour stated that it is not possible for anyone to walk or ride through the alley area, and that he would prefer to see it remain that way. - D - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (|19)ZONING FILE #1653-JEFF JOHNSON CONTINUED It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2983, Vacating unused portions of a 14 foot alley within the Plat of Crystal Bay View. Motion, Ayes-4, Callahan, Nay. Motion passed. Callahan stated he preferred not to Vacate public streets. (flO)ZONING FILE #1655-ELAINE PAGONIS 2740 SHAOYWOOD ROAD VARIANCE-RESOLUTION #2984 Elaine Pagonis was present. Bernhardson reviewed the issues involved with Ms. Pagonis's application for a hardcover Variance to construct two decks in the 75-250 foot zone. He noted that the Planning Commission had recommended approval of this application. Gaffron referred Council to paragraph one under "Conclusions, Order and Conditions" within the proposed resolution. He asked if the paragraph should not be deleted in light of recent Council action calling for more definition to an ordinance amendment allowing the use of non-woven permeable fabric. Jabbour suggested omitting the paragraph entirely because Council has not formally acted on the ordinance amendment allowing the use of fabric. He suggested that Staff may wish to advise Ms. Pagonis to put any landscaping projects involving the use of non-woven fabric on hold until final Council action is taken. It was moved by Jabbour, seconded by Butler, to adopt Resolution #2984, granting a hardco>^er Variance to construct two decks within the 75-250 foot zone, as amended deleting paragraph one on page three of six. All voted aye. Motion passed. (lll)CURTIS H. GREEN 3220 NATERTOWlw ROAD REQUEST FOR SINGLE ACCESS TO NEW BUILDING SITE Curtis Green was present. Bernhardson informed Council that Mr. Green is seeking approval of an ' ''ditional curb cut to access his property from Watertown Road. He advised that neither the Planning Commission nor the Park Commirsion have reviewed this request, as it pertains strictly to a curb cut. He stated that the proposed access to the property would encroach septic test sites, and should Council vote to approve the request, it is Staff's recommendation that it be subject to written verification that alternate septic sites exist. Butler noted that the final plat was approved based on a - 6 - 'V>v :.I.. 1'- I ?• ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (flDCURTIS GREEN^CONTINUED shared driveway configuration. She su9.:ested that if a separate access is approved for Lot 2, Block 1, it is unlikely that the property owner will share in the costs of the approved shared driveway with Lot 1, Block 1. Goetten stated that the City has been reluctant, safety standpoint, to approve additional curb cuts off more traveled roads such as Viatertown. f rom a of the Curtis Green stated that if the driveway is constructed on his property as the final plat suggests, it would cut the lot in half. He is trying to put the driveway off to the side and out of sight. Mayor Peterson asked Gaffron if the proposed drivev;ay would interfere with the primary or alternate septic sites. Gaffron replied, "This is the first opportunity I have had to look at Mr. Green's proposal. This proposal does impact the primary and alternate sites, and Staff has no guarantee that other sites exist. I would not recommend that Council approve this without further septic testing to prove that other sites exist." Mabusth advised that Mr. Green wished to know whether a request for a second curb cut would be approved before e.xpending additional monies for septic testing. It was moved by Callahan, seconded by Jabbour, to deny Mr. Green's request for an additional curb cut off of Watertown Road, based on findings one through four of Jeanne Mabusth's memo dated July 3, 1991. All voted aye. Motion passed. NAYOR/COUNCIL REPORT (#12)CITY ADMINISTRATOR SEARCH PROCESS Council reviewed the information presented by Bernhardson and took no formal action. (#13)APPOINTMENT OF ACTING ADMINISTRATOR-RESOLUTION #2985 It was moved by Jabbour, seconded by Mayor Peterson, to adopt Resolution #2985, appointing John Gerhardson as the Acting Administrator for the City of Orono until a new administrator assumes the position. All voted aye. Motion passed. CITY ADMINISTRATOR'S REPORT: (|14)CITY FACILITIES Bernhardson provided Council with updated financial information regarding the City facilities, and confirmed that the HRA publication notice for the July 22nd Public Hearing had in - 7 - MJ.. S’I* ORONO CITY COUNCil. MEETING HELD JULY 8, 1991 (|14)CITY FACILITIES CONTINUED fact been published. He advised Council that with respect to a site, Staff would more than likely exercise the option on the northeast site on Highway 12 on July 9, 1991. Bernhardson noted that he, the two Building Inspectors, and the Zoning Administrator would like to be appointed to the construction manager interview panel. He asked Council for further recommendations. Mayor Peterson and participating on the panel. Goetten expressed interest Mayor Peterson asked Maureen Beilows if she would participate. Bellows accepted. Jabbour asked to be kept infor-ed of the Construction Manager Committee actions, as well as all other information pertaining to the City facilities. (fl5)LAKE USE COMMITTEE Be: nhardson provided Council with information pertaining to the LMCD Budget. He informed Council that the LMCD adopted a revised budget with a 9.4% growth, rather than 10.4%. Bernhardson advised that Orono's share of the LMCD budget would increase only 3.4% over last year, as opposed to 11.2% as first proposed. He stated that the City still had the option of objecting to the increase. With respect to the LMCD Comprehensive Plan, Bernhardson reported that Jim Uttley, a planner with Metropolitan Council, is continuing to work on a partial redraft. A meeting of the cities has been scheduled for July 1"^, 1991. Bernhardson further advised that the Lake Use Committee meeting that had been rescheduled from July 9th to July 23rd. He informed Council that a meeting involving the Police Chief selection had been scheduled for July 23rd and that the Lake Committee meeting would need to be changed again. Gaffron advised that he would have to contact John Shardlow, the Planning Consultant assisting with the redraft of the City’s Shoreland Ordinances, to inform him of the revised meeting date Mr. Shardlow was to attend the Lake Use Committee meeting, and will need to confirm his ability to meet on a rescheduled date. (116)REQUEST FOR REFUND-CUFF Bernhardson reviewed the information outlined in his July 3, 1991, memo pertaining to Karen Cuff's request for a refund of $1,675.97 for assessments paid on Lot 17. He noted that the City has recently been notified that the Cuff's have filed a lawsuit - 8 - ORONO CITY COUNCIL MEETING HELD JULY 8. 1991 (#16)REQUEST FOR REFUND-CUFF CONTINUED againsL the City of Orono as a result of its decision not pursue a storm sewer project involving the Cuff's property. CO Goetten stated that, in her opinion, the fact a lawsuit has been filed does have a bearing on .Ms. Cuff's refund reguest. Goetten indicated that the refund request should not be considered until there is a settlement of the lawsuit. Butler concurred with Goetten. It was moved by Butler, seconded by Goetten, to delay any action on Karen Cuff’s request for an assessment refund until such time that the pending litigation is resolved. All voted aye. Motion passed. Karen Cuff indicated that she had submitted a request for an assessment refund in July of 1990, and had asked Staff to put this matter on the Council Agenda after the last Public Hearing on the storm sewer issue had taken place. She stated that she v/as unhappy with the manner in which this request was brought to Council *s attention, as well as the length of time it took the City to reach a final decision on the storm sev/er project. (fl7*)POLICE CHIEF SELECTION It was moved by Butler, seconded by Goetten, to set July 23rd for the final interviews with police chief applicants with final selection to be done by Council on August 12, 1991. All voted aye. Motion passed. (#18*)RESPONSIBLE AUTHORITY DATA PRIVACY-RESOLUTION #2986 It was moved by Butler, seconded by Goetten, to adopt Resolution #2986, appointing a responsible authority, a designee and assigns duties. All voted aye. Motion passed. (|19*)MUNICIPAL BOARD PROCESS It was moved by Butler, seconded by Goetten, to accept the information presented by Bernhardson regarding the Municipal Board process. All voted aye. Motion passed. (#20*)ASSESSOR'S CONTRACT It was moved by Butler, seconded by Goetten, to adopt Attachment B as the Assessing Contract with Rolf Erickson, for the period of September 1, 1991, through August 31, 1992, at an annual rate of $67,800.00. All voted aye. Motion passed. (#21)CITY RECORDER RESIGNATION Councilmember Jabbour requested that this item be removed from the Consent Agenda. He stated that before he voted to accept the City Recorder's resignation, he wanted her to know that he appreciated the excellent work she has done fjr the City. - 9 - ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (#21)CITY RECORDER RESIGNATION CONTINUED Mayor Peterson also thanked Laurie for the job she has done over the last three years. It was moved by Jabbour, seconded by Mayor Peterson, to accept, with regret, the resignation of Laurie Scheffler, and wish her and her family the best in their new home in St. Louis, Missouri, together with authorizing Staff to seek a replacement for the position to be brought back to Council for approval. All voted aye. Motion passed. (#22*)SOURCE REDUCTION RECYCLED PRODUCTS-RESOLUTION 12987 It was moved by Butler, seconded by Goetten, to adopt Resolution #2987, approving the use of recyclable materials where appropriate during the construction of any new City facility. All voted aye. Motion passed. (#23*)STEP INCREASE-OFFICER FISCHENICH It was moved by Butler, seconded by Goetten, to authorize the increase from $16,768 to $17,271 (1990 base rate plus 3% longevity) to Officer Fischenich, effective July 1, 1991. All voted aye. Motion passed. (#24)SALARY ADJUSTMENT-RANDY O'BRIEN Councilmember Goetten asked that this item be removed from ■the Consent Agenda. She noted that Staff’s memo does not indicate the amount of the increase proposed for Randy O'Brien. Bernhardson advised that the specific salary information would be incorporated into the minutes. It was moved by Goetten, seconded by Jabbour, to adjust Randy O’Brien's salary to $11,984. representing a salary adjustment to Level 4 of Step 5, effective April 4, 1991. All voted aye. Motion passed. (#25*)SUMMARY FOR PUBLICATION-1990 AUDIT REPORT It was moved by Butler, seconded by Goetten, to approve the 1990 Summary Financial Report for publication, the 1990 State Financial Reporting Form, and the Independent Auditor's Report as presented in the Comprehensive Annual Financial Report for the year ended December 31, 1990. All voted aye. Motion passed. ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by Goetten, to accept the City Administrator's Information regarding: 1950 Shoreline Drive-Cabin Removal, Holding Tank-315 Crestview Avenue, 360- 370 Leaf Street, Highway 12 Damage Claim May Receipts and Disbursements, and Goal Setting Status. All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None. - 10 - K*' V ORONO CITY COUNCIL MEETING HELD JULY 8, 1991 (#27*)LICENSES: It was moved by Butler, following license(s): seconded by Goetten, to approve the Special Events Permit:Rick Pecker Foot Race - Corn Days August 11, 1991, 12:00 - 1:00 p.m. All voted aye. Motion passed. (128*)BILLS It was moved by Butler, seconded by Goetten, to approve payment of the All Funds Account. All voted aye. Motion passed. EXECUTIVE SESSION At 0:18 p.m., City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Butler, seconded by Mayor Peterson, to adjourn the Regular Council Meeting at 8:33 p.m. All voted aye. Motion passed. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 11 - ir i;.. 71291.2 LTo: Proa: Date: Mayor Peterson and City Council Members 4 Mark E. Bernhardson, City Administra^r'!^ July 18, 1991 Subject: Lake Minnetonka Conserv'ation District ATTACHMENTS - X A) Lake Use Memo Dated 7/1/91 (memo only) B) Metro Council Redraft of Initial Chapters of the LMCD's Comprehensive Plan Dated 7/11/91 % ^9, ISSUE 1.Provide the Council and the LMCD Representative to discuss any matters they may have related to the adopted LMCD budget. 2.Determine whether Council desires any further action on that budget. 3.Present to Council the initial Comprehensive Plan redraft together with updates from the July 17, 1991 meeting of cities on that draft. INTRODUCTION - At the Council's July 8, 1991 meeting, they indicated that there probably was no further action on the budget that would be fruitful. It was Indicated that the LMCD Representative's normal reporting would be at the July 22nd meeting and that the Council could make any comments they choose to their LMCD Representative ]7Coardlng the budget at that point. In addition, the City received on July 12, 1991 Attachment B as a preparation for the meeting on July 17, 1991. DISCUSSION - Issue #2 - LMCD Comprehensive Plan redraft Given the short lead time the City was given to respond to the document as presented, the initial reactions at the July 17, 1991 meeting of the cities was limited. Mr. Uttley would work on drafting the surface chapter as the next section. It was helpful to now hftvo lntOT68t shown by communitios other than Orono in the surface use issue. Lake Minnetonka Conservation Distri July 12, 1991 Page 2 of 2 ALTERNATIVES - i":- .1 1. Issue »1 & »2 - LMCD's Budget. a) Make comments to the LMCD Representative regarding the budget. b) Indicate any formal action desired. c) Table for further discussion. d) Take no action. 2. Issue #3 - LMCD's Comprehensive Plan. a) Accept the information. b) Make any comments. c) Give staff direction regarding further work in this matter. d) Table for further discussion. RECOMMENDATION - It is recommended that the Council make any comments regarding the budget they would like to the LMCD Representative, but take no formal action to request a public hearing on the matter. It is further recommended that the Council make further comments between now and the next opportunity the cities will have wo indicate their issues and concerns regarding the thrust of these initial drafts. It is apparently key that these indicates were given as the tack taken in these if acceptable will be the one used for the balance of the plan. PROPOSED MOTION - Moved by _ _ , seconded by that Council, after discussing the LMCD budget with the Representative, takes no further action but directs staff to do further work on LMCD's Comprehensive Plan redraft. Ayes _ _, nays _ _. MEB/tln cc: Lake Use Conmittee Members JoEllen Burr • k i' Cr f.' H - S'M- METROPOLITAN COUNCIL Park C.wrr. :j(f ht!h M\ '•■J .< i \ /7 ..yrW July 11 1991 \ Callahan, Councilman C.y of Orono P. O. Box 66 Orono, MN 55391 on Of I JUL 1 2 1501 Re: Draft Revision of Lake Minnetonka Management Plan Chapter Dear Mr. Callahan: Enclosed for your review is a draft revision of two chapters o/ the original LMCD Management Plan for Lake Minnetonka. This draft combines two of the original chapters. Environmental Protection and Shoreland Protection. Because the draft combines two former chapters, it has not been possible to provide you with a single document showing strikeouts and new language as requested at the May 29 meeting of mayors and city oBicials In its place, I am providing three documents: the revised chapter, the original Environmental Protection chapter, and the original Shoreland Protection chapter. The two original chapters show etvIliiMeta, retained language, and comments indicating what happened to each paragraph and in some cases...why. Here are some of the highlights: ♦ ♦ ♦ ♦ a new format a newly defined overall environmental protection goal for La<e Minnetonka new, more specific objectives with dates and expectations defined policy statements, based on the old objectives, which suggest who the lead agencies (including cities) ought to be for carrying out the policies and provide some ideas about how the policies shouM be implemented shoreland protection is now considered a ..ubset of enviroiunental protection, and much of what was in the original chapter is no longer in the revised chapter. There are two reasons for this. Approgdmately 50 percent of the original chapter was related to recreation and is proposed to be merged into the recreation chapter. Those portions of the remainder which deal with how the 'litial shoreland ordinance process ought to work are no longer needed. Ed Callahan, Councilman July 11, 1991 Page 2 This is the second draft of the revised chapter. The initial draft was presented to members of the LMCD Board on Monday, July 8, for discussion and revision. The meeting lasted more than Hve hours and resulted in numerous changes to the draft document. Some of the changes involve deletions, but some involved additional language. In order to get this draft out to you for review prior to the joint meeting of the LMCD Board and city officials on July 17, it has not been possible to check with the LMCD board members about whether the new editions to the draft accurately represent their intentions. The joint meeting on July 17 will be held in the Minnetonka City Hall and begin at 7:30 p.m. The Minnetonka Mills Ro*;:)m is located to the right, after you enter the building. If you have any questions or need clarification prior to meeting, please call me. Incidently, Dirk deVries is presently on vacation and will not be back in town until the day of the meeting. Siiucrely les P. Uttley, AlCPy tnior Planner 1^61 ^ cc: City Administrators/Managers/Gerks LMCD Board Members Gene Strommen, LMCD Executive Director Dirk deVries, Metropolitan Council Scott Richards, Northwest Associated Consultants ■; t >■ I ENVIRONMENTAL PROTECTION AND MANAC.ENfENT • Working Draft 7/11 The Nature of the Problem Minnetonka is a large group of interconnected lakes and bays in western Hennepin and northern Carver counties, but it is much more. It is an eco-system made up of organisms that live in, on or adjacent to the water bodies that make up the lake; and, in a broader sense, organisms that live within the watersheds that ultimately bring water, nutrients and pollutants into the lake. Like the organisms that depend on it, the Lake Minnetonka eco-system is complex, in a state of constant flux, and itself dependent on other organisms. And. like the organisms, the eco system that is Lake Minnetonka, can age and die. The aging and death of lakes is a natural process called "eutrophication". Sandy bottoms become mucky as runoff adds sands, silt, and nutrients to the lake ana as microbes, p'anls, fish and other organisms die and sink to the bottom. The mucky bottoms support more vegetative growth, which support a broader range of organisms, which die-off. filling the bottom of the lake and shallows with more muck, and so on. This process of aging is at work in Lake Minneionk.c and it has important implications for the entire eco-system. As the lakes become more shallow, they become less supportive of aquatic life. Fish eventually die off, the lake becomes a wetland, then a meadow, and eventually a woodland. Such changes do not happen overnight, but they do happen. The "natural" process will turn Lake Minnetonka into a sh^ow wetland, then into meadow, then into woodland. People can influence the natural process to speed it up or slow it down. Developmer t with its movement of soil and increase of impervious surfaces within the Lake Minnetonka watershed results in increased runoff and erosion, which can cany silt, vegetative matter and pollutants such as phosphorus and heavy metals into the lake. Use of fertilizers by homeowmers, business and farms within the watershed, can foster algae and other vegetative growth in the lake. Farms and even individual households with large animals may create problems when animal wastes are improperly managed. Improperly sited, constructe-J and maintained on-site septic systems can allow untreated or partially treated effluent to enter surface and groundwater within the watershed, which can ultimately impact lake water and hasten aging. The challenge facing those concerned with protecting Lake Minnetonka is to successfully balancing environmental and human imperatives. The problem is that while roost people and agencies recognize the need to protect the environment of Lake Minnetonka, there are a plethora of government entities that have jurisdiction over various aspects of the IMinnetonka cnvironmenL Overlapping jurisdictions and authoriries make it difficult to identify which government entity should be responsible for managing particular aspects of the lake. In some areas, there is needless duplication of effort among agencies while in other areas nothing is being done, because nobody is certain which agency ought to take the initiative to get things done. Environmental protection of Lake Minnetonka depends on improved cooperation and coordination among all managing entities, better intergovernmental relations, and on resolving jurisdictional issues among agencies. This chapter of the Management Plan for Lake Minnetonka establishes an overall goal for protecting the environment of Lake Minnetonka, proposes specific objectives that need to be accomplished ^fore the end of thk decade in order to properly manage the lake environment, and identifies the lead agencies and cooperating agencies that in the view of the Lake Minnetonka Conservation District (LMCD) should have the responsibility for carry'ng out the environmental protection management activities related to Lake Minnetonka. Environmental Protection Goal for Lake Minnetonka Lake Minnetonka mu»i continue to be an open, fresh water lake capable of supporting year-round recreational activities. Its waters should be as clear and free of pollutants as practical. TTie natural aging of the lake should be controlled to insure that Lake Minnetonka can continue to exist as an open water recreational lake into the foreseeable future. Algae and other vegetative growth in the lake should be balanced to provide adequate aquatic habitat and human enjoyment of the lake. Environmental Protection and Mana2enient Focus The prindpal foctis of this element in the overall management plan for Lake Minnetonka is water quality and wetland protection. Generally, the various bays of Lake Minnetonka have exhibited improved water quality since the diversion of wastewater treatment plant effluent out of the watershed of the lake. Measurements have demonstrated improved summer water quality conditions. The water quality in Lake Minnetonka, with some exceptions, is now considered adequate to support most recreational uses. The reason for the lack of improvement in some areas of the lake ts not known for certain, but water quality experts indicate that it is probably due to two things: high levels of nutrients and chemicals from non-point sources (sources that are widespread and cannot be traced to a specific location) within those portions of the watershed that flow directly into these areas of the lake; and, high levels of phosphorus in lake sediments. Runoff and Shoreland Protection A major threat to the water quality of the lake appears to be the quantity and quality of runoff from the development and redevelopment of lands within tne watershed of the lake. Urbanization and redevelopment add more impervious surfaces like building roofs, driveways, parking lots and roadways; which increase the volume and rate of runoff. Increased runoff collects and carries with it, more soil, more vegetative matter, and more of the chemicals and heavy metals that we use in daily life. Lake Minnetonka's water quality is particularly affected by the actions of 14 lakeshore communities, the Minnehaha Creek Watershed District (MCWD), and the Department of Natural Resources (DNR) in controlling development and redevelopment within their jurisdictions. To protect the lake, strict controls need to be imposed. Accordingly, this part of the I^ng-Term Management Plan for Lake Minnetonka advocates adoption of shoreland regulations using the State-Wide Standards for Management qf Shoreland Areas for controlling dc^’elopment, redevelopment and land uses within 1,000 feet of the lake (shorelands). While additional phosphorus (which is a major factor in vegetative growth) entering the lake may be unavoidable, there are measures that should be taken to better manage non-point pollution of the lake. But, they are beyond the control of the LMCD. They will require the concerted efforts of the cities and the MCWD to improve their non-point management techniques both in the shoreland areas and in the remainder of the lake basin. Some lakeshore cities have their historic central business district in the shoreland zone. There needs 7/11 Draft - 2 to be flexibnity in the shoreland ordinances to preserve these historical uses and allow them to redevelop, subject to DNR approval and appropriate environmental protection for the lake. All the cities surrounding the lake face differing circumstances and have their own land use perspectives. Differences in use, density, building heights and other asp^ts subject to shoreland standards will have to be worked out with the DNR dur ;*g the time each city’s ordinance is developed. The cities and MCWD will also need to develop controls for other sources of phosphorus such as ^cessive and/or improper use of phosphorus fertilizers, disturbance of highly erodible areas, filling of wetlands and poor agricultural practices in the basin. Expensive in-lake treatment methods may 5e needed to help maintain water quality, if mur icipal land use controls prove inadequate. The aquatic weed Eurasian Watermilfoil has become established in all parts of Lake Minnetonka and represents a threat to traditional recreational use patterns on the lake. The weed may also cause depletion of dissolved oxygen in the lake during periods when the plants die and decompose, which may adversely impact fish populations as dissolved oxygen is the form of oxs-gen that fish "breathe". Wetlands Two other areas of environmental focus in this plan are directly related to water quality. They are wetlands and fisheries. Water quality cannot be protected unless there is an aggressive wetland protection program for the lake and throughout the upper basin, as wetlands help to control both the rate and quality of runoff reaching the lake. Many wetlands have been lost in the last few decades as the result of development in the Lake Minnetonka watershed. The shoreline of Lake Minnetonka and adjacent wetlands have undergone intense development over the years. As demand grows for additional lake access and redevelopment of residential and commercial districts, the pressure to alter wetland areas is likely to increase. The dredging of channels in Lake Minnetonka for navigational access through wetlands Is an activity that impacts wetland environments and their functional value in managing runoff. While the U.S. Army Corps of Engineers (CoE), DNR, the MCWD and most of the lakeshore communities have regulations or ordinances that control the use of wetlands in and near Lake Minnetonka, additional management tools are needed. All wetlands in the basin need to be surveyed, mapped and evaluated for ‘heir uniqueness and their importance to the water quality and cco-systcm of Lake Minnetonka. I •itification and acquisition (or permanent easement) of the most important wetlands would protect the natural environment and maintain the quality of the recreational experience. Fjtntic Ptontt and Animals The aquatic weed Eurasian Watermilfoil has become established in all parts of Lake Minnetonka and represents a threat to traditional recreational use patterns on the lake. The weed may also cause depletion of dissolved oxygen in the lake during periods when the plants die and decompose. The infesution of the exotic plant, purple loosestrife, in wetlands in the Lake Minnetonka area has the potential to adversely affect the wildlife habitat value of the wetlands. The plant aggressively displaces the native wetland vegetation required by wildlife, while having no value for wildlife itself. Loosestrife has been a noxious weed in Minnesota. WTule state law says that it is the responsibility of landowners to eradicate the plant on their land, most landowners lack the knowledge 7/1 1 Draft - 3 I- to idcDtily or properly remove the plants. The DNR has been given the responsibility to control the plant in protected waters and wetlands, but it lacks the staff and resources needed to carry out effective eradication programs. Another potential problem is the exotic animal species, zebra mussel. It is a extremely fast growing, extremely productive member of the shellfish family, which has found a new environment where it has little competition and few natural controls. The most effec^ control program involves the eradication of the exotic plant or animal before it becomes established. Noxious aquatic and emergent weed and exotic animal control management systems need to be developed to assure the continued functioning of the lake and wetlands. £kiuiu Lake Minnetonka provides the most productive fishing in the seven county metropolitan area. The lake is rated as the finest bass lake in Minnesota. The diversity of aquatic habitat in the lake supports an abundance of fish species. More major bass tournaments arc conducted on the lake than on any other lake in Minnesota. The exceptional quality of the lake and its proximity to the major population centers in the Metropolitan Area makes it imperative that the lake be managed in such a manner as to protect and enhance the fishing resources. The condition of the Lake Minnetonka fishery is largely unknown. Monitoring data on the fishery is inad^uate and needs to be significantly increased in order to develop an effective environmental protection program for this part of the Lake's eco-system. The DNR’s fishery goals are focused on maintaining sustainable populations of native fish, improving regulation of fishing tournaments on the lake, and improved population monitoring. Additional information is needed on the effects of aquatic weeds and weed harvesting on fish populations. The primary objMtive of fisheries management is the protection and enhancement of fish habitat. This includes maintenance of good water quality, protection of spawning and nursery areas, and provision of adequate cover for juvenile fish and forage species, lliese activities are essential for self-sustaining populations of fish in the lake. The major threats to fish habitat in Lake Miiuietonka at this time appear to be deteriorating water quality, improper development/redevelopment of shoreline, and the invasion of exotic wildlife species such as Eurasian watermilfoil and zebra mussels. Tte DNR has been the primary agency responsible for monitoring and managing the fisheries in Lake Miiuietonka. The DNR protects a few designated bass spawning areas for the purpose of obtaining fish stock for otlm lakes in the state. Staff and budget limitations of the DNR have not allowed a full fish monitoring prograiiL Fish populations are monitored only indirectly through the present fisheries survey program. Creel census data to determine harvest rates are particularly needed. Proposed Management Structure 7/11 Draft - 4 k Management of water quality of Lake Minnetonka has two components: the land and the lake. Managing the Lsnd for Water Quality Managing the land involves three inter-related areas: 1) managing development and redevelopment within the 1,000-foot shoreland zone of the lake; 2) managing upland areas from development and redevelopment induced by use of the lake; and 3) managing the public recreation facilities on the lands adjacent to the lake. The Grst two inter-related areas will be addressed in this chapter. Managing the land for recreation facilities is addressed in the Recreation Management chapter of this plan. The intent is to manage the lands and waters in the watershed of Lake Minnetonka to significantly control the amount and quality of runoff into the lake. This component of water quality management is the responsibility of each of the cities with land in the Lake Minnetonka watershed, the MCWD. and to a more limited extent the DNR and Metropolitan Council (Council). Cities with their extea*«ive land use and zoning authorities have the controls needed to manage land uses as a means of controlling runoff, if they choose to use them. Cities, however, have a variety of other often conflicting land use demands and constituencies that they must satisfy; and may not have the expertise on staff or otherwise available that would allow them to make fuil use of their authority. Another managing entity is needed. One that has both the professional expertise to assist cities evaluate runoff management aspects of development proposals and the authority to require modification of proposals when necessary. The MCWD) should serve this role. While it has the statutory authority to exercise such powers; but. it has not chosen to do so. This is a somewhat broader vision of the district’s role in managing water quality than it has traditionally taken. If the water quality is going to continue to improve, as it has generally over the last two decades, then a concerted effort by the cities and district arc critical to its sc -ess. In this regard, the MCWD should establish meaningful standards and criteria for cities to ..n preparing their local water management plans required by state law. DNR shore cgulations are, also, an important mechanism in helping to achieve the water quality goal for Minnetonka. They require cities to re-examine their land use controls within 1,000 feet of the shore of the take; and provide interested parties such as the MCWD, the LMCD and the Council with an opportunity to encourai:*? cities to find innovative and effective controls to manage runoff into Lake i^iinnetonka. From a water quality perspective, the issue is not that cities necessarily need to limit development or redeveloproent, but that they need to assure that whatever development or redevelopment occurs results in no greater quantity of runoff into the lake than before development occurred. More importantly, cities must assure that the quality of runoff is properly managed to remove silt, nutrients and chemicals from runoff water entering the lake. In developing their shoreland management ordinances, cities should recognize that the DNR standards are joioiniyoi standards, intended to apply to all lakeshore in the state. Lake Minnetonka, with iU tremendous recreational resource, intensive land use pressures and existing water quality problems, requires that more than minimum standards be appUed. Individual municipalities are 7/11 Draft - 5 encouraged to develop more restrictive shoreland management standards, rules and regulations in order to afford even greater protection of traditional uses, environmental quality and socio-economic values. The DNR’s Shoreland Management Plan and the MCWD’s regulations provide the basic environmental protection for the lake. Without them the water quality of the lake cannot be assured. Managing tbe Lake for Water Quality The LMCD has been involved since its inception in 1967 in assuring environmental protection of the lake. A 1971 study funded by the LMCD concluded that existing municipal wastewater treatment plants were the major cause of declining water quality. It recommended that the plants be phased out and the sewage discharge be routed away from the lake. This goal was fully realized by 1986 when the last wastewater plant within the lake’s watershed was phased out. The LMCD proposes to continue as the lead agency in managing the water environment of Lake Minnetonka. It should promote research to determine the condition and quality of the lake water and the waters entering it, and to transmit its findings to the cities. MCWD. MPCA, DNR. Council and other interested parties. It should work with these parties, and others such as the University of Minnesota/Gray ’s Freshwater Biological Institute to develop effective programs to treat water quality problems in the lake. 2) 3) The LMCD’s immediate water quality management focus is as follows: 1) mitigate, to the fullest extent possible, the degradation of the chemical and physical water quality of Lake Minnetonka and its tributaries improve the quality of water entering Lake Minnetonka from both point sources (like streams) and non-point sources (like direct stormwater runoff) encourage projects and programs to protect wetlands, maintain and restore the ability of wetlands to provide water quality improvement, flood control, wildlife habitat and aesthetic enjoyment manage to the extent practicable Eurasian watermilfoil growth to allow continued recreational use of the lake, while encouraging research aimed at controlling the spread/iotroduction and/or eradicating this and other exotic plant and animals serve as an advocate for the lake resource during formulation of DNR fisheries programs encourage strong, effective litter control programs on Lake Minne*'-’ika 5) 6) rAL PROTECTION AND MANAGEMENT OBJECTIVES Overall Water OiMHhrt 1.Establish benchmark water quab'ty assessment criteria for Lake Minnetonka by January 1, 1993 that have been officially accepted by all applicable ''gencies and units of govemmenL Using the criteria, assess water quality in each of the 27 water bodies that make up Lake Minnetonka at least annually beginning in 1995, and report the findings to all appropriate agencies and units of government 3. By 1995, adopt new water quality objectives through 2020. 7/11 Draft - 6 r 2. 3. program can document whether water quality problems, including blooms of potentially toxic algae, are developing in Lake Minnetonka. The water quality monitoring of Lake Minnetonka and its tributaries should be overseen by a Water Quality advisory committee comprised of water quality experts and representatives of the cooperating agencies. The advisory committee should be chaired by a member of the LMCD’s Environment Committee, and report through that committee to the LMCD Board. Once the assessment has been completed and evaluated, the advisory committee should proceed to develop a water quality monitoring and management program, which includes recommending water quality standards for the lake as a whole, and special improvement standards for areas of the lake that do not meet overall water quality standards. As a preliminary goal, a mean summer total phosphorus concentration of 50 ug/1 should be considered. The advisory committee should recommend water quality standards for runoff, monitor runoff quality, and serve as a forum for discussion of issues related to lake and runoff water quality. In order l- naintain the overall water quality in Lake Minnesota the levels of phosphoims in the outllows of several small lakes should be reduced. Lead Agency: MCWD Cooperating Agencies: LMCD, MPCA, HCPRD, Council. Board of Water i .id Soil Resources (BOWSR) Several small lakes appear to have relatively high phosphorus loadings. Internal phosphorus loads derived from the sediments of Langdon Lake, French Lake, Tanagcr Lake, and Peavey Lake are significant sources of phosphorus reaching Lake Minnetonka. The MCWD, working in close cooperation with the LMCD’s proposed Water Quality Advisory Committee should examine available data, determine the need for additional monitoring and develop a program to address these problems. Muiage the growth of Eurasian water milfoil in Lake Minnetonka to allow reasonable recreational use of the lake until such time as a means can be found to eradicate this exotiq while prercntlttg Its spread from Lake Minnetonka to other area lakes. Lead Agency: LMCD Cooperating Agencies: DNR, MPCA, SHRPD, Hennepin County (HC), University of Minnesota/Gray ’s Freshwater Biological Institute (FWBI), Freshwater Foundation Eurasian water milfoil has significantly infected Lake Minnetonka, taking over large sections of the lake where water depth is 15 feet or less. In a water body as complex and large as Lake Minnetonka, the cost of full control of the plant once it became fully established is beyond the financial resources of the LMCD, its member cities, and the allocated resources of other agencies at the present time. The challenge to the LMCD b to manage the growth in such a way as to allow continued recreational use of the lake. Management tools are limited at this time to periodic harvesting 7/11 Draft - 9 4. and removal of the weed close iO the surface of the lake and deeper harvesting and/or chemical or biological controls in and around swimming beaches, marinas and boat launching j;id docking facilities. Harvesting of the Eurasian water milfoil should be done consistent with recreation use patterns on the lake. The LMCD will continue to manage the harvesting program, which will limit the cutting to a depth of 5 feet below the surface of the water. It is proposed that the DNR establish a lake-side inspection and control program to prevent the spread of this exotic to other area lakes. Inspections of watercraft and trailers should be instituted at all public and private boat launch facilities on the lake. Cost of inspections should be covert by an inspection fee paid by the inaividual watercraft owoer/operator at the time of inspection. Develop a vigorous prevention and control program for other exotic plant and animal species (such as zebra mussels) into Lake Minnetonka. Lead i^gency: DNR Cooperating Agencies: LMCD. MPCA, SHRPD, HC. FWBI It is far better to prevent the introduction of exotic plants and animal species than try to stop them from spreading after introduction. It is proposed that the DNR develop a lake-side inspection and control program to prevent the introduction of exotic species into the lake. This inspection program can be accomplished using the same personnel and at the same locations as the Eurasian water milfoil inspection program; and it should be funded the same way through individual inspection fees. Control may include such things as the application and retrieval of control chemicals or other materials to bilges to cleanse bilges l^fore watercraft are allowed to enter the lake. ivlinimize the adverse water quality impacts of dredging activities on the quality of public waters. Lead Agency: DNR Cooperating Agencies: MCWD, LMCD, Cities, CoE The LMCD, along with the DNR Division of Waters and the Minnehaha Creek Watershed District, are drafting an interagency policy resolution to establish uniform navigational dredging access criteria for Lake Minnetonka A draft policy has been developed and will be discussed further with the agencies. Opportunities for public input are also being planned. The DNR should create a tailor-made dredging permit application for use on Lake Minnetonka. The cooperating agencies should work with the DNR in the creation of the form, and thereafter agree to use the form for their own review and approval processes. It is proposed that before the DNR approves any dredging permit for Lake Minnetonka, the permit application must first be formally reviev^ by the MCWD, CoE, cities nearest the dredging lite, and the LMCD. It is proposed that the DNR approval process require MCWD and LMCD approval prior to DNR action. The joint DNR/MCWD/LMCD approval process should allow the MCWD and/or LMCD to establish reasonable conditions to be included in 7/11 Draft - 10 4.By 1995 complete an independent evaluation of the Euriisian water milfoil harv’csting and control program for Lake Minnetonka. 5.Encourage the DNR to develop and implement by 1996 a fully funded inspection/control program for watercraft and trailers to control the spread of Eurasian water milfoil and other exotic plant and animal species in Minnesota. Runoff Management Obicetives; 1 Establish benchmark water quality assessment criteria and standards by Januarj- 1, 1993 for permanent and intermittent surface waters that are tributary to Lake Minnetonka or to any of its associated wetlands. By 1994, all local water management plans consistent with the MCWD’s 509 plan should be completed and adopted. 3.Using the criteria, assess water quality regularly (storm event as well as dry weather monitoring) beginning in 1995 in each of the permanent and intermittent streams tnbutary to the lake or its wetlands, and report the findings to ail applicable agencies and units of government 4.By 1996, meet or exceed within the Lake Minnetonka basin the Council s goal of 40 percent r^uction in non*point source pollution. 5.Encourage the Minnesota Pollution Control Agency (NfPCA) to establish rules governing the proper management of manure from all farming operations that do not meet the entena or feedlot standards. 6.By 1995, adopt new water quality objectives for all point and non-point sources tributary to Lake Minnetonka through 2020. It Oblectives;Wetlands Manai 1 By November 1, 1993, complete a comprehensive survey of all wetlands adjacent to Lake Minnetonka and/or located within the 1,000-foot shoreland management zone of the lake and the potential value of each wetland for filtering runoff into Lake Minnetonka. By 1995, develop a program to permanently protect wetlands in the Lake Minnetonka basin as defin^ by the Wetland Conservation Act of 1991. 3.By 1998, determine the hydrologic need (including filtering) for permanently protecting additional wetlands in the basin and which wetlands, If any, may be planned for other uses. pishcries MfnTT"**"* Obicetives: 1.By 1994, develop and implement an improved comprehensive fish population and ®reel nwnitoring program, including such additional information as may be needed on the effecu of aquatic weeds and weed harvesting on fish populations; reporting findings annually to all 7/11 Draft - 7 r affjected agencies and units of government. 2.By 1995, develop and implement an annual testing of fish in Lake Minnetonka for concentrations of heavy metals and chemicals, as needed, to assure health of those eating fish from !be lake. 3.By 1996, study and report on the impact of existing and possible future exotic plant and animal species introductions into the Lake Minnetonka eco-system, and particularly on fisheries production; develop recommended course of action, if needed. Shoreland Management Obketivest 1.By December 10, 1992, all of the 14 cities that have shoreland on Lake Minnetonka should have ompleted their shoreland management ordinances, negotiated and resolved issues related to flexibility provisions, received approval from DNR. and adopted the approved ordinances. 2.By 1993, alt agencies that own or otherwise control lands within the 1,000-foot shoreland protection zone of Lake Minnetonka should establish standards and criteria to manage runoff that meet or exceed the standards and criteria of the MCWD’s 509 plan and consistent with the intent of the DNR shoreland standards. ENVIRONMENTAL PROTECTION AND MANAGEMENT POLICIES Overall Water Quality Policies; 1.Ensure that a comprehensive water quality assessment and monitoring program capable of diagnosing problems is conducted for Lake Minnetonka and its tributaries. Lead Agency: LMCD Principal Cwperation Agencies: MCWD, MPCA, Suburban Hennepin Regional Park District (SHRPD), DNR, Council The MCWD is currently the only government agency that conducts routine annual water quality monitoring of Lake Minnetonka. Other agencies, including PCA, DNR, and the Coun^ have occasionally monitored Lake Minnetonka water quality. The scope of the MCWD’t monitoring efforts is severely limited by financial constraints. Currently, only six bays of the lake and seven tributary streams are sampled on a semi-annual basis. Analyses are limited to only basic limnological parameters. Tl:e LMCD should take the lead in dr*eloping a formal, written inter-agency agreement that provides for a single, integrated water monitoring program jointly but not necessarily equally funded by the cooperating agencies. The program should begin with updating the water quality assessment prepared for the lake in the early 1970 ’s, and coordinate or incorporate all existinf data ooUe^ion and water quality monitoring programs both in the lake and of waters entering the lake. An updated assessment of water quality is needed to improve the uodentanding of the interacting physical, chemical and biological processes which control lake water quality. Once the assessment is completed, an on-going comprehensive monitoring 7/11 Draft - 8 the permit, and allow DNR approval of the permit if the MCWD and/or LMCD fails to act within an established time period. Runoff Management Policies; 6.Minimize the Impacts of non-point pollution on the quality of Lake Minnetonka and its tributaries^ by controlling urban and agricultural stormwater runoff and erosion, and other appropriate management practices. Lead Agency: MCWD Cooperating Agencies: Cities, DNR, CoE, Soil Conservation Service (SCS). County Extension Service (CES), Council The MCWD should take the lead in aggressively managing stormwater runoff within the basin of Lake Minnetonka. It should revise and tighten its proposed runoff standards, which should exceed the regional detention basin standards recommended by the U.S. EPA Nationwide Urban Runoff Program (NURP). On-site or area-wide detention of stormwater runoff should bo required by cities and the MCWD for all new developments or redevelopments, if the stormwater runoff from the site would otherwise be discharged directly to surface water in the basin. Where detention ponds cannot be constructed according to NURP design guidelines because of spatial constraints imposed by the site, smaller in-series ponds or other appropriate controls or Best Management Practices as recommended by the MPCA should be required. Permit requirements for each constructed detention pond should include a Maintenance Plan and provisions for access to perform maintenance. The MCWD's 509 plan and the subsequent, r juired local (city) water management plans should insure that all indirect stormwater runoi. is properly managed and treated i emove silt, phosphorus and other contaminants before oeing discharged into wetlands and surfaces waters within the basin. The MCWD should consider amending its 509 plan consistent with the foregoing, so that its Rule B specify such criteria and apply them to the entire Lake Minnetonka watershed not just shorelandiL The MCWD should work with the Carver Soil and Water Conservation District and the Hennepin Conservation District to identify and control critiv.al non-point sources of pollution Grom agricultural land within the Lake Minnetonka watershed. Standards and regulations may need to be developed to assure proper management of animal manures from generators not covered bj' MPCA regulations. 7. Minimize the uses of fertilizers and pesticides la the Lake Minnetonka watershed. Lead Agency: MCWD Cooperating Agencies: SCS, CES, U of M Agricultural Extension Service, Cities Lakeshore communities should consider placing restrictions on the use of fertilizers (especially 7/11 Draft - 11 8. phosphorus) and pesticides within at Icxst the l,000-fc>->t shoreland management districts of Lake Minnetonka. The MCWD should work with the cities, county extension offices and other cooperating agencies to develop a comprehensive program of public education on fertilizers and chemicals (what types to buy and prop>er use), the need for ground cover to prevent erosion, proper cutting and control of lawns, leaves and other vegetative matter, and the licensing of commercial applicators. Minimize the pollutants reaching Lake Minnet leachate and residues from past treatment prac d its tributaries via septic tank Lead Agency: Cities Cooperating Agencies: MWCC. MCNVT). MPCA DNR, Council In the late 1960s, the Metrof>oIitan Sewer Board (now the Metropolitan Waste Control Commission) was organized. One of the reasons that it was created was tc '-'al with the pollution of Lake Minnetonka caused in part municipal wastewater treatrr '.ans. The decision was made to phase-out all of the "municipar treatment plants on the L .^nd convey the sanitary sewage via metropolitan interceptor sewers to new state-of-the-art metropolitan wastewater treatment plants off the lake. That plan was carried out and as a result, the water quality in Lake Minnetonka improved dramatically. Another part of problem has not yet been fully addressed...on-s:te septic systems. Properly designed and operating on-site systems, like the municipal wastewater treatments plants on Lake Minnetonka, do treat the wastes and improve the quality of the effluent Like the former municipal plants, they arc much better than allowing sewage to flow into the lake untreated; but, they are not the best way to deal with sanitary sewage in the Lake Minnetonka watershed. The water quality assessment identified in policy # 1 should identify not only the types but sources of pollutants in the lake. It is expected that non-point sources will prove to be the biggest contributor of pollutants, but on-site systems arc also expected to be a source of contamination. Residues from past in-iake dumping of sewage treatment effluent and concentrations of phosphorus in bottom sediments fro: i a wide variety of sources, are also likely to contribute to the existing water quality probleitis in the lake. The cities should concentrate their efforts on dealing with on-site systems located within the 1,000-foot shoreland protection zone of the lake and its wetlands, and within the floodplain of its tributaries; with programs expanded tu include entire cities by the end of 1992. City programs for managing on-site systems (including private larger-scate treatment systems should include: mapping the location of each parcel seived by an on-site system within the shoreland zone; annual inspections of each on-sHe system by a state-certified inspector; reporting of problems and corrective measures nroposed/taken to the city, record-keeping by the city; annual reporting by the city to the MWCC or other appropriate agency for distribution to interested parties including the LMCD’s Water Quality advisory committee. The exact extent to which residues in the lake contribute to water quality problems should be determined as part of the initial assessment, and a program developed to address the problem if it is determined to be significant 7/il Draft - 12 w 9.Protect receiving water quality front tbe detrimental effects of serious erosion, either during or after construction of all residential and commercial development and to ensure that runoff from the developed site is of good quality. I^ad Agency; Cities Cooperating Agencies: MCWD, BOWSR, SCS, Hennepin County S.)il and Water Conservation District Cities should require erosio.. and sedimentation control plans that meet the criteria established by BOWSR for all development and redevelop projects in the watershed even individual buildings and homes; and should use the MCWD staff, where needed, in evaluatinp the plans for approval. MCWD should perform detailed analysis of the plans submitted to cities, and recommend approval, modification or denial of the plans to the respective cities. Without adoption of stringent standards and consistent enforcement by all 14 laKcshore communities, these water quality and wetland protection objective.«: cannot be achieved. Wetlands Management Policies; 10. Survey all wetlands lying within tbe Lake Minneionka watershed basin. Lead Agency. MCWD Cooperating Agencies: DNR. LMCD. Cities, U. S. Fish &. Wildlife Service (F\^S) The MCWD and cities should undertake a detailed inventory of wetlands in the Lake Minnetonka watershed. A detailed inventory is needed to help identify wetlands and their potential benefits for water quality, floodwater retention, public recreation, wildlife protection, and deteimine what level of protection they require. The DNR and BOWSR should be requested to assist in the development of the survey criteria, training and evaluation of the results. The data collected should be provided to the DNR's Natural Hct ge database, the FWS’ national wetland inventory, BOWSR, MCWD, CoE, Hennepin Coui .y, SHRPD, cities and LMCD for use in their planning and management activities. The inventory should include detailed mapping of the wetlands, with the maps provided to cities and MCWD for use in identifying high priority areas fer wetland preservation, enhancement and/or restoration; and regulating impacts on wetia-'.is consistent with the intent of the Wetland Conservation Act of 1991. Working with the DNR, MCWD and cities, the LMCD wil the values of wetlands at or below the 929.4 contour for the preservaiion and enhancement of water quality in the la kCt and wetlands that may have lower value for protection. Such information will j used by the LMCD as a basis for approving or disapproving dock, fill and dredging permits. The LMCD proposes to amend its regulatory programs to re ngnizc tha4 ducks ujnstructed across wetlands may have an adverse impact on the wetlands. In addition lo its own ordinance, the LMCD encourages other managing entities to adopt a no-uet-K)ss wetland policy that makes provision for variances for public purposes. 11. Improve the protection of wetlands through regulation, acquisition and easement and for 7/11 Draft - 13 water quality ImpruveoieBtf Hood control, wildlire habitat and aesthetics. Lead Agency: Cities Cooperating Agencies: LMCD, MCWD, DNT^. BOWSR, CoE The cities in the Lake Minnetonka watershed are encouraged to formulate or amend (as needed) their wetland ordinances consistent with the Wetland Conservation Act of 1991, including minimum performance standards, a comprehensive weiland definition and map, and provisions for mitigation of wetland degradation. The DNR area hydrologist, BOWSR and MCWD staff should be consulted in development of the wetland ordinances. The MCWD is encouraged to amend its rules to include the prot xtion of wetlands consistent with criteria established by BOWSR. The LMCD encourages the cities of the lake to use grant programs or other means to ensure the perpetual protection of wetlands through acquisition. The LMCD encourages the lakeshore communities and the MCWD to install anJ maintain improvemenL« to protect wetlands from in*niling by sediment, to promote nutrient removal, to promote wildlife habitat by minimizing removal of vegetation, and by establishing buffer areas. The LMCD shall encourage the control and reduction of purple loosestrife and other noxious weeds in wetlands. Fisheries Management Policies; 12. Identify and protect fish habitat for the purpose of maintaining sustainable populations of native fish in the lake. Lead Agency: DNR Cooperating Agencies: LMCD The DNR should conduct a study to identify critical habitat areas for designated game fish species (e.g., largemoulh bass, non m pike and bluegill). The informatior lould be compiled on a map delineating critical habitat at a scale of at least 1:2400. The DNR should seek the advice of the LMCD and FWS on methods to protect the critical habitat areas, and develop and implement a protection plan f '.r -itical habitat areas. 13. Improve monitoring of flsh populations and fish harvest r^tes. Lead Agency: DNR Cooperating Agencies: LMCD Annual Gsh surveys should be conducted by the DNR in selected pan of the lake to monitK.r fbh populations. Imbalances in fish populations need to be monitored and additional stocking pixn^ed to prevent over-harvesting. The LMCD will supplement the fish survey data by requiring organizers of bass, walleye and muskeilunge tournaments in the lake to report the lengths and weight of individual Gsh caught during tournaments with greater than 100 participants. 14. Improve local regulation of fishing touruaments for the purpose of reducing mortalify of 7/11 Draft -14 fe'-: ■ ■ a.'.. :r. n$h caugh t aod to minimize the impact of increasing fishing pressure on the resource and other users. Lead Agency: DNR Cooperating Agencies: LMCD All tournaments for b ss, walleye, and muskellunge on Lake Minnetonka with greater than 100 participants will ' e required to be "catch and release" tournaments, and tournaments attracting fewer participants will also be encouraged to be "catch and release" tournaments. Such tournaments will be allowed exceptions for hooking mortalities and a limited number of "trophy" fish per toumamenL Participants in bass, walleye and muskellunge tournaments are subject to rules governing transportation of fish, weigh-in procedures, and evaluation procedures prior to release. The individual and cumulative effects on the resource, other users and landowners should be considered before issuing a permit for a tournament. 15. Obtain additional information on the impacts of exotic plant species on fish populations and the impnet of aquatic vegetation harvesting on fish populations. Lead Agency: DNR Cooperating Agencies: LMCD, MPCA, FWS, CoE The LMCD will encourage the DNR with the help of other agencies and organizations to determine the effect of an extensive weed harvesting program on fish population using Lake Minnetonka as a model, as well as determining the effect of the vegetation infestation on the fisheries. If necessary, an educational program should be implemented that would instruct anglers on effective fishing techniques in and around dense mats of aquatic vegetation. Shorcland Management Policies! 16. All cities with shoreland on Lake Minnetonka are encouraged to adopt Shoreland Management Ordinances that meet or exceed the Staie-Wide Standards for Management of Shoreland Artas^ promulgated by the DNR. Lead Agency. Each city Cooperating Agencies: Neighboring cities. DNR, LMCD. MCWD, Council All cities are expected to meet or exceed DNR shoreland management standards. State rules provide for the DNR to allow some flexibility in the application of its standards. Because the flexibility in standards has the potential to impact Lake Minnetonka and therefore all of its adjacent aties, it is critical that cities proposing to use flexibility provisions, provide adequate opportunities for all lake cities, the LMCD and other interested parties to review and oonunent on their proposed ordinances. It is recommended that cities provide copies of their proposed draft ordinances at least 60-days before their formal public hearing ou the ordinance or submission of their draft ordinance to the DNR commissioner for review, ^ 1 ichever comes firsL 17. Cities with shorcland on Lake Minnetonka are encouraged to consider the visual Impact of 7/11 Draft - 15 18. 19. high'risc development proposals on Lake users and other neighboring communities, and are encouraged to exhibit restraint in approving variances and conditional use permits for buildings that will be visible above the treeline from the lake’s surface and shoreline. Lead Agency: Cities Cooperating Agencies: DNR, LMCD, MCWD, Council Like art, the size, shape and facade of buildings may be pleasing to some people while unpleastng to others. The large open areas of the lake and the relatively low-lying nature of the terrain around much of the lake tend to make shoreland development, and especially taller buildings that .^end above the treeline, easily visible to lake users and residents on other shores. City planning commissions, variance boards and city councils arc encourage to work with developers to minimize the impacts of proposals that arc likely to be visible from the lake or other cities. The lake cities and LMCD should agree in writing on the procedures that cities will follow in notifying each other on proposed rezonings, variances, special or conditional use permits applications in the shoreland zone, or proposed development plans that may impact lake users or other lake cities because of proposed building height. Lead Agency: Cities Cooperating Agencies: DNR, LMCD, MCWD, Council Cities are encouraged to develop written review procedures that include special notiflcatior to other lake cities and the LMCD of proposed variances in the shoreland zones. The special notices should provide enough detail to allow the other cities and LMCD to determine whether or not to attend the meetings being held by the city to review the proposed project. Transportation agencies are encouraged to provide ring routes to divert commuter and commercial trafllc from shorelands and to work to incorporate recreational access to Lake Minnetonka in future public transit alternatives. Lead Agency: Metropolitan Council Cooperating Agencies: MN DOT, Hennepin County, Carver County, Cities Presently, Highway IS carries considerable traffic through Minnetrista, Mound, Spring Park, Minnetonka Beach, Orono and Wayzata. Efforts should be expanded to provide attractive, rapid alternatives for through trafEc away from the lake, to reduce the direct impact of higher traffic volumes on the shorelands. Reduced traffic volumes reduce traffic noise and improve the recreational experience for residents and lake users. Major roads in the shoreland area also likely sources of direct runoff into the lake, caoying silt, sand and chemicals into the lake. As these road are rebuflt and upgraded, the designs should be modified to eliminate direct runoff and improve the quality of the runoft Such measures will become more important as development and redevelopment continues to occur. Further, if the decision is made to serve western Hennepin County suburbs with alternative public transit, recreational access to Lake Minnetonka should be considered. This includes use of public transportation as a means of reaching the lake shore for day use, and moving 7/11 Draft - 16 » 4 ^ irrS r-y ui. r*: y Sj ''■V '■t W' ► ’ f'It ?,^.- "I- :y ?■: •.•; i-r ii:- 'S» ■■•• •' t’ t^A. ■" “ i ’■-i* f..-.' on the lake, as well as combining remote parking with public transportation to the lakeshore. 20.The LMCD shouM coordinate placement and servicing of adequate trush containers at all summer and winter access points on the lake that are used by vehicles as a means oi reducing litter. Lead Agency: Cities Cooperating Agencies: LMCD, counties, Council Winter users of the lake strongly feel that littering is major problem. In addition to increasing enforcement of Utter laws, winter and summer users need opportunities to properly dispose of their garbage. Trash containen need to be provided at the shoreline at all appropriate »cr^<i points on the lake. It is suggested that the cities, counties and LMCD work together to identify appropriate access points for trash containers, and to decide how to best service the containers. 7/11 Draft - 17 ORIGINAL SHORELAND PROTECTION CHAPTER This is the original LMCD/Arndorfer version. Sections that have been - OVERSTRUCK -we re not used in the newly combined draft chapter. Sections appearing in normal type arc included in the draft chapter, but not necessarily in the same place or same context as before. Sections appearing in italics are recreation-related, and althc jgh not included in the newly combined chapter, will be used...at least in part, in the revised Rec eation chapter. [Comments appearing in bold, generally follo\.:ng each paragraph, describe the reasons for including or not including the material from the original in the combined version. t. rv. SHQREL.'V>.D PPQTECTIQN PERSPECTIVE Lake Minnetonka is particularly affected by the actions of 14 lakcshorc communities, the Minnehaha Creek Watershed District, and the Department of Natural Resources (DNR) in controlling development and redevelopment within their jurisdictions. To protect the lake, controls need to be impost bovond the chorclinn and ripirinn ptir-ri^l-- Accordingly, this part of the Long-Term Management Plan for Lake Minnetonka pre6 «nt8 -gu idelwws for controlling development, redevelopment and land uses within 1.000 feet of the lake (shorclands). (see p.2,par.2] The Dictrict rocognizeo that ih^ gnrmunft tng 4h*»4rikc are faced with dhffenng circuinrtanccr. and Thcco cities have tiuhnrit^i tr> nHnpi land use plans, zonwe ordinonces. and Bubdivicion regulatiofw •r.ubject to the roquirements of statf rorognirirr th"* the citiefi and not of the LMCD. The LMCP doer not reel: **"'** ^>»»hnHry or m r-uporseded local-zoning ordinances. Rathofr^he Dictrict coolo: to heilitnie hy tho citior. with ctatuton.' fequirem«nts-iwd to act as 0 liaicon bctvTfn th'^ f-ttinr -inri itw» BMP To that end the D»trK>t-ha6 propocod a cel Oi ctandardf and oriterir- n\^R antowide <;iandard6. Iw4 tailored to fit Lake Minnetonka. q: the bacic for *h» riii^r. Mnwever.tho District recognizos that the actual shoroland ordinoncoF nd^p*"'^ «rcnmmodntg concornc of a purely local character-. (comment: not needed, as city shoreland ordinance process is in-progress; cities proposed language not needed, if paragraph is dropped] Some lakeshore cities have their historic central business district partially or wholly within the shoreland zone ac dofinod by DNR rogulationf. The LMCP rocognizes that there needs to be flexibility in the shoreland ordinances to preserve these historical uses. Tho Dictrict beliovofr that, subject to DNR approval and appropriate environmental protection for the lake, ouch hiotortcai U6« within tho shorelond zono should bo allow'ed to rcdov'clop. Differences in use, density and building heights will have to be worked out with the DNR during the time tho city’s ordinance is developed. [see p.2,pani.4] Tho overall ctratfla* wtili?"*- npprmrh to minimizing the adverec offec^ of developf^ntT The Gfct port ic to ucc the oiocting BNP m*>nfi <iipmant plan-as tho bacic for devolopinc a concictant modal ordinance hf aii£nrrnft hy tho 14 municipalitios: The second part ic to uce the 509 Plan being de*'el"p^ Ky.tha 'Minnnhnhn Cfeek W'atershod Distpct-.- (comment: per cities recommendation] Thk approach doec nnt nh?r jnrifHiriif>nf nnH pnwforr. of local eovominont on^he lakOi Incteod, it dnpendr on cooperation to oohievo the stated goak and objootiiroc. That hy the l^MCD in order to- assure-that-aH in^-ol"oc! orEnnirntmm ■" ftrantar pnhlic ftnod and cometimec transcend more limited Irrtnl [comment: not needed in the new combined chapter, where the "approach" is not described] Acrordingly. prntrrlr" ^ rrr»ni >hn nHwenie effects of- development and redcvolopment roquirec a ctrong worlnne iwannpinp entitioc and the Lake Minnetonka Confiorvation Dictrict since the Pistrict do jo not cook firpinded authority above elevation 929.4 feet SP—4 ^4^fe.v iury High Water). Appondui C wniains StanJarJfc .md Crueriit fm muoKitpiti ofjinortoix. tifW Waterehcd Distrjgt regujations contfojUng »horeliinti < ■jv eloptwm »n th<? i t tommuniugr..—Th«< purpose of ih« Shoreland Management Siondards arnt Crii»«fia w u> pf»>t«Ki: 1) the lake from poUmion. 2) the natural environm ent of 4tx& lak<? am] tb«» com muni <><*». ?) the tocal taw bas«t 4) aerthticfti both from the fchorw and from l4w lake surfiH.**. $) pubtic heahht -and 6) public wfety. [comment: cities objected to part ut this panigniph, remained not needed in context of new f ,>mbined chapter] The Department of Natural Resource’s Shoreland Management Plan and the Watershed District's regulations provide the basic environmental protection for the lake. Without them the v-nier quality of the lake cannot be assured, [see p.4,para.7] MANAGEMENT AREAS Shoreland Management concerns three intcr-rclaicd areas; 1) controlling development and redevelopment within 1.000 feet of the lake; 2) protection of upland areas fr' -t development and redevelopment induced by use of the lake; and 3) management of public rec. cation facilities on the lake. Therefore, this part'Of-the Lottg Term Management Plan vi ew>6 shoreland areas from both the lake and from the land. - [see p.4,para.l; last sentence gave impetus to idea of separating the discussion found on pages 4 and 5 into land and water components] It-ia essential to protect the lake and upland areas from adv erse effects largely arising from the pepularity and the quality of-4he natural reoourceh of Lake Minnetonka.—The use of the lake generates prewure for dev elopment as well as the deve lopment of on shore attractions that affect «vaicr uso pattornsi—Only some of these are boro, restourante, bait shops, marinas and other Water'oriented facilitiesi- Public recreation facilities, including regionally attractiMo and neighborhood parkfit vi stafit lookowtet fishing piers<-picnic areas and swimming beaches.-present another set of problems to be minimiaedi [comment: somewhat redundant, somewhat recreation chapter] Shoreland Protoetion is closely related to both Env ironmental Protection and Recreational ■management objectiv es provid e further restrictions and-wi-the upper bacin.—Recreation Management focuses on reereational use of the lake-and the shoreline, [comment: this is true, and the reason that 1 combined the two chapters; but it doesn’t need to be said in the plan] AUTHORfTV [comment: plan is for lake management by appropriate agencies; no authority citation for the LMCD is nc^cd] The-EMCP seeks-ftO"new authority'ove r land use docisions in the chorelarHi cities. Implementation of the Comprehensive Monogement Plan depends upon o porlne-^hip and coordination between local, regional and state ageneiesi—No single agency is pooitioned to implement a unilateral shoreland protection' ■progrom for Lake Minnetonkat Local authoriry is div ided between—1-4 riparian communitiesi The LMCP' has ewtensiv e authority ov er the lake surface, but ve ry limited authority ove r shorelandsi The Minnehaha Creek Watersh^ District (Watershed District) and the Minnesota Department of Natural Reeourcee (DNR) hav e extensiv e authority, but both hea^'ily rely on local SP—2 implomcmn<i-jn in^ nf ihwir fh«u«l.ind regulaion.' pf*>gf»m(.. of the po iMtc^ and ficril roaliticc of budgi** thnra ^gancioa tend more to ^tablis^pot^^'. otandard«i and crilww; implemenlotion ond enforc ement cuctomarily reliec on hKaj o frorifi. The Metropo ittfw Council 16 littift invel'Td i" implemematUin of itwo e regulamfv program^: Th« wthority for prot ecting the ohor elando of Lake Minn<»tonko may bo f.harud l^twoen local; regional and Male go^'ernnwnt, but it t6 tho kical'unit Ahai ntufit enlorcc controls. For L.iKe Minnetonka, inapluwntotion muol be through a new partnership forged wnh involv<»d agoncicc and .1-___u------------dialogue Thifi ^ di^p^nd^nt on outsido ngoncieti lo __ _____ jnt and nrrnnii il IQ maintain the Quality of the lake* recreational eicperienco. to pro tect upper basin wuiliind<i.-i*ml-k) mammufu ».wat«jr quality in the l:il:tv The Shor eland Prote ction Plan e^<o lved from throe concufr ent 1) drrclrpm""* marngomi^rn plan for -Loke Mtnne«H>kTH 2) rcHcion of rhnrnl-^iwi mnnanoment rcpuluhom ,4m< ?) -preparation of the 5QQ Plan-hy the Wo(crf »hed Ptficrtct; ^ . . . Thuuc thren prirgpfi--^*-! inrlnpAndunt authorit icfi anJ mdependem t.t.Miin» of pnormch. culminated in coord inated and cooperative local rorponr .c lo rtato rcguUuorv pfo^r.«n>t.T [comment: not needed or relevont to the combined chapter] Tovorying dofir eect eachof tho lakeohore commun iiioc on me iukw ^ reeour coc to devoloping, implementing and enforcing programs that affect the lake. Thu indent of thic Shoroland Prcm*t»" p*"" “ «he intoprit^' of thoce prj^.i amfi »hore svarranted. enhance thorn when pofic ihliT, nnd rr»nf inanry whwn appronnaie. The reeuU is a sot of rules that are cubjoct to pm. Wntirnih?^ p;r»r.vi nnH Maimpnlitnn rruincil review, hut that are-^ip^ifi^ tailorod to protect Ihft Inlif thn hiViori nl devek>om cm patterns on the laker (comment: not needed or relevant to the combined chapter] Lj 1:o Minnetonka ir n r"*'*^***'*^^ Mfirim protection. Future regulatop.' pro grams aaBore that the dntilopmtnt that occun; on the lake in the ne>rt 25 ycarc ts environmontallyt tocially and managerially acceptable. To d^. management of tlic lake s rocou^ccc hoc not been t?ompreh?T “»‘" mnconcue. The rocult has been ad hoc comprom tae and dieputo, Bomttimac pitting local intorcfitc againci rcE*^^'*^ ngani iiM [comment: not needed or relevant to the combined chapter] The ohallcnfic facing the ntimmantli'*' '^** ^ iLitinnainnlt m to use the state mandatoo Bhorelartd manotromont pro ifam to implamfrnl the more accoplahlf altrmrfM"** niJ-Cf itaria that are contained in thii plam Thnnr SlatK**'*''**' ^rHarta.nra aKiahlif.hed to-accure ontimum protection for the hlrt^ il‘ itr rarm^ceii. [comment: dropped at request of cities; no longer applicable] ^ ^ _______j Roc€ri *ation g wiire CTCprocccd by 6om^ /prk^ngntmitidhf thnt th^fig Standardfi and Cfttena manog#d -I-----"lonirect lomm-pn done; __ ram floocootraies on «i'ithf>ui non oonformme i(^ i^iVhin'r^'Vir pnmpmfnira adnpted wM that used by other citiec cmaller than n*i*iTrPE* 1^^* ^p««’»nrnlly iho Btandafdfi -.et a mintmuin tot oize of 10,000 cqu^e feet.—At least on e lakechorc community ' is presently dewlop ed at 6,000 oquarc feet wth come urxte ve top ed lawfe rtiH zon ed-at -6.000-square fe«it lot ur»a<i.- By alkwing fiewihility <o 4k><jr*«o Mi loi sige by up 4o 40 percem (6Q percent of the sinndard). thefie-smaller lo(t ^ fait tnto comp liance. [comment: dropped at request of cities; no longer applicable] Thifr-tfade off is allo wed under the DNR regulation s when or eas fatting below the DNR -mmimum ataiidardg are off set by areas that are mor e restrictive . The Management Plan effere the opportun ity for on e community on the lake to be dev elop ed at smaller tot stges qs tong ns anoth er community has mor e ■rastrictiv e standardsi—Thus, (he agreements reached do not ervoourag e smaller lots, but the agreements do allow them to continu e to be used swithin a reore- restricted regulatory framework , ^comment: dropped at request of cities; no longer applicable] To prot ect cities that are mor e festrictive . ■ the Standards and Cfiierta Include statements that eneo uroge cities to be eve n mor e restrictiv e.—le order >o aoh leve (he through the subeommitte e deliberatkinc. it if. imperniiwe that som e munk-tpaii;ief' remiiin m<He ref.trictive [comment: dropped at request or cities: no longer applicable] Recreational use of the lake creates addition al concern s fe)r stHH-etaod pfote c-tlon. Such uoc crcatot . pressures for on shor e devel opm ents within shor elands. BuM'ne»t«io «. and certain residential usoc are attracted to the shor eline both because of the quaiiiy of the tal»e‘s resourc e and because of the targe booting populat ion on ftummer wo okonda. [comment: not nee<led or relevant to the combined chapter] Jf Lake Minnetcmka is to serve expanded regional demand for water-oriented recreation, the best place to do so is on its shoreline. During peak use hours there is an average of one boat for every 8 acres of usable water on a summer weekend day. However, the busiest day recorded on the lake had 2256 active boats during peak hours which is one lx)at for every 6.2 acres of water. That is significantly greater than the other regional water resources in the metropolitan area; the Lower St. Croix River has an average >f IS acres of water per boat, [comment: may be included in recreation chapter] // is logical, then, to examine increased use of its shoreline to meet the expanding regional demand for water-oriented recreation. Regional opportunities for picnicking and swimming are presently limited on the take. Development of the lake shore is largely limited to neighborhood parks and the Excelsior Commons. Picnicking and swimming opportunities have been developed largely to sen>e resident neighborhoods. Only the Excelsior Commons has the capacity' to serve a significant regional population. [comment: may be included in recreation chapter] ^RM SHORELANP PROTECTIOM facts aesthetics, bo th from the shor e and from the tio -heahht safetyt and general welfare by aontn ’buting t( affects the natural ewwronm ent of the -lefce and commun ity and impairs the loca l tan base.—In furtherance of the pol icies declared in Minnesota Statutes, chapters 105, 115, 116. ?»1. 3sS and '162. and Minnesota Rulest section s 6130t3600 to-6l3 0i3900t minimum standards and ofu eria are established for the subdivi sio nt use and deMelopm ent of the bhor elands of Lake Minnetonka. The standards and criteria are intended to preserv e and enhance the quality of surface waters; preserv e and enhance aesthetics for shore land residents and users of the water surface; con serv e the econom ic and natural environm ental-ualues of shor elands; and provide -for the wise use of water and related land ra60urc «» of lake, [commeot: not needed or relevant to the combined chapter] Th» intent of 4h«-6 4 tioft , ag encies and organia ation ^ in* ’-‘od in th<» d i?v<»lopment of tho Manag o nwnt Plan for Lake Minnetonka ifi to encourag e and enhai.. itort^ by k>cal governm<»nt with jor i<id ^»H*n over land uce and eon ing Hanal^pmo m »nd ri>d «w«l npnn«n. >vf lhi» fthorol ands of Lake Minnetonka. Gon lc and ocrjfrftr'rf ae «k^ nmi r'ru^rit in ihir. Shnr««l.m<l Protoction Plan ihat nddrm «-h«v>ai>inrt imnag^mo m. iBf.naii ar« in h*» in>*>rpf<Mo d as minimum ctandardc. Nothing in th-r-^ rritariri thall ha rnnflnto ri IW. prohihilinf nr d iKCOOfafit>f» 0 looal fiO^emmcnt fri:*n anf^r^ing mntmk that.ay<» mnri» r«¥;lrirlU<« Individual municipalities arc encouraged to develop more restrictive standards, rules and regulations in order to afford even greater protection of traditional uses, environmental quality and socioeconomic values, [comment* first part oo longer relevant and faces objection from cities; balance of pani(;niph above used on p.4, para.6; following S paragraphj may be included in recreation chapter] The LMCD has a Ugislatively-mandaied re. ponsibility for public waier-orictucd .shoreline recreational opportunities on the lake. It has long been the policy of the Lake Minnetonka Consen anon Dustrict to foster cooperation and facilitate coordination for better hKoted and developed on-shore recreational opportunities. The LMCD's interest includes: J. each shoreline recreational facility in its entirety. 2. the inclusion, siting and number of recreational and ancillary facilities in .such parks to protect aesthetic, natural, and recreational values of the lake and its shoreline. 3. reducing conflicts that exist between shoreline users and boaters on the lake. 4. encouraging and supporting county' and regional funding for acquisition, operation and maintenance of regionally attractive shoreline recreational facilities. 5. optimizing shoreline use to better balance the demand for boatand the demand for shoreline recreational opportunities. 6. utilize appropriate on-shore facilities as destinations for boaters to decrease the density of moving boats on the lake during peak periods. The Lake Minnetonka Conservation District has legislative authority over shoreline use and over shoreline public lands. The stated LMCD policy includes encouraging management of local parks locally and regionally attractive parks regionally. Both the cUies and regional agencies have direct interests the* need to be considered when additional parks are developed on the lake. Encouragemeru of transient facilities on the shoreline for boaters provides destinations for boaters that removes their boats frem the lake temporarily, particularly during peak hours. Each boat beached, moored or docked during the day is one less contributing to the density and conflicts characteristic of peak periods. Further, the location, size and number of on-shore facU'nes such as fishing piers, transient docks, swimming beaches and other facilities affect the LMCD’s traditional authority by potentially: a) affecting the water quality of the lake, b) impacting shoreline and lake aesthetics, natural and recreational value. c) creating conflicts between other traditional uses, and d) enhancing traditional uses of the lake by the general public and private residents alike. An example is shoreline fishing at narrow channels where there are conflicts bet\\'cen fishing and boating. There is also a direct link between public oi^nership of shorelands and boating patterns. Hhere large SP-4 parcels arc in public ownership, are available to the boari/te public, arul where phvsical failures are favorable, rafting aui beaching are imponani acthities. MANAGEMEyrOBJEO'11VES [generally this section might be better described as policies lather than objectives; where retained, they generally appear in the 'policies* section of the new, combined chapter] the stondards and criteria that Im-G [comment: "managing entities* is undcrmed. Appendix C is recommended to be dropped, and since cities are required to rollow state rules in un> case, this policy statement is not needed] During doMelopntent of ■ the-plan, porticipatiog organiz.uionf' .irrivt«d—at—ibe cr>nclusinn—tbat manag ement of the shoreline was awainttol to jmxeotion of tbe lake.—to ligh t Ilexibilitv provision A(?)of the revisod DNR shofeline manag emunt regu latH>ns (Minnefiota Rul 'f,. Cb. 6120;; the LMCD shall-take a more active role in assuring consistent regu lation development afid redevelopment-of -the shoreline. To do-this. the LMCD shall actively encourage the adoption of the more restrictive Standards and Criteria in Appendix C by the 14 lakcshore communities as well as promoting acceptance of such ordinances by the DNR and the Metropolitan Counci! [comment: strikeout portions are not needed or fac s objection from cities; remainder is basis for policy 16. p.l4] The LMCD shall contact Oitch lake city that actively undoriakor. land we planning for dovolopnvent to determine » the District may participate-as an interested party. The District shall also meet with the Metropolitan Council to establish procedures to allow the District to comment on the plans and amei.dmcnts as they arc submitted to affected jurisdictions and the Metropolitan Q)uncil during plan vv wv. process provided by the Metropolitan Land Planning Act. [comment: strikeout portion not neviicu, remainder is basis for discussion under polio' 18, p. 14] 2. To wduc-y the aesthetic ^act of high-rise devi lopment, the LMCn shoil encourage govfing couneils of nearby eoromunities to exhibit restraint in approving variances and conditional use permits for buildings that will be \isible from the lake's surface and shoreline. Aaslhatias diroctly in Minimum Standards users of-the lake surface. Accordingly, the maximum building heights for the shoreland. Butt it-i* wot is beyond 4he shofolandsi Given the suburb-wi xs-surrounding the lake and the fact that structme height in non lokeohore {ry Plymouth, have the potential ?o affect aesthetics on and near the lake, the LMCID shall influence case by case proposals through negotiatiooi—This-ean be done directly with-the involved as well as w4th the Metropolitan Couf>ci>. [comment: objective 2 formed basis for policy 17 on p. 15 in the combined chapter, remainder struck out as recommended by cities] -------The LMCP shall counsel with lake eities in reviewing ood eomreenting on vuriaiKx? Th o participating orgon iealioiw foU that th e LMCP shou ld take an oj live ro le in amymg that Nikoohof "W>mniuniti€c concictcnUy »iifof«»d th » thorel oiHi regutatiom auopie dmider th « «i ght. Since varwhicpc are th e nwohan ism that *~»pef» to ex6»od"fitni6tMre liwite, the LMCD shall develop agreements with local communi.. '-.view variance applications. The LMCD shall notify tne eiry ot its position on the variance. \ns. .'icr, the city shall notify the LMCD of the decision of its Flan Commission and its Council. In-order to jiBplMiMii(--ilija-pfeee66r-(h«--y4CD-M«<ls-the -tr>.4^nd-«apaMHy-te-fefidly--ra»pend-te-Meh appliaalionai[connent; portions struck at request >>( cities; remainder is basis for policy 20, p. 15] (coramcat: folhnrlng "objectives ” 4 through 13 and the accompnnying discussion will be considered for Indusion in the revised recreation chapter] 4.The LMCD shall take an active role in the development of plans for any public shoreline nermtioHui fadUty that is potentially cf regional signlficonce. ’ LMCD has broad legislative authority'over public hri'is cn ’ : kc. That authority includes operation, maintenance and policing oflarids used for acce < :o the ! ikc. That authority’ shall he used to cooperate with implementing agencies to assure the ini '^esr; of all users of Lake Minnetonka arc conddered during the plan process as well as during operutic'.s Further, the LMCD shall fn 'iHtaie cooperation and coo^irtate involve'***‘nt between regional . gencies and local communities while maintaining its role as advocate for the resource. As plans are evolved for future paries of regional attraction, the LMCD shall be involved from the be^auung in decisions about faciUtiesprovid^ artd their location. The basis for this involvement is their emuideraUe authorUy over such fadtities. 5.The LMCD shall maintain its poUey of not owning or operating shoreiine recreational facilities but shaO to fetter cooperation and facilitate coordination for beUer located and developed on-shore reereationd t^portunkies. Presentfyt mum^talttien, Hennepin County. Suburban Hennepin Reponal Park District and the Department of Natural Resources actively m.j* yfge pubuc lands on the lake. Tnere does not appear to be reason for LMCD to undertake resportridlity in this area. LMCD resources shall be o”-<-'ted more toward its traditional areas of eperatioru 6.The goal far parking at boat access points shall be to provide sufficient formal parking in the vieutity (f mnjar access points whidt utilises remote parking facilities, facilitates handicapped aepess, and minimize* on-street parking, lakefivntage, water quality effects, aesthetic intrusions and aUnimizm dfect on local and neighhorkaod traffic fiow. Large parking anas adjacent to the lake aru 'o*fpprapriate since they an counter to rbjectives develtqaed to protect walands, water quality and ir,yrnae development on the iakeshon. The hardcover limitation tff25 p^r'-dnt of die lot ana all but .nch/Jes contiruiing the existing practice of building access poba parkb.^ vnediatefy adjacetu to the take. Under the water quality, wetland protection and shonland management objectives, such paridng areas shall be nmoved from the Iakeshon as opportunity arises. V parking anas shall be mbject to the shoreiand management, water quaiity and wetland protection afforded in this Long-Term Marutgement Ptart On-sOeet paridng causes cor$gestion on city and county streets disnipts neighborhoods, interferes with i J ■’-‘v i I*ri’ : h< >1' & ^•*? ■-r. .-.i^'r r't."' :-Es»*''' hi-m'"7r mhi iil. VI r- 1» li.li. r/j- W t ■rf _ ii- I flow and inconveniences users of access points. A better arrangement is to use remote parking with shuttles as reqtured. The level of existing shoreline development poses difficult trade-offs: expansion of parking lots displaces existing traditional uses. As new parking areas are dex eloped, an operating plan shall dt'veloped which includes the cortditions under which the ramp andlor parking lots may be closed. While these factors present difficulties to implementing a solution to the parking situation, the best course is to manage boat access more like the National Park Service. Pedlar parking lots must be blocked off when fiiU, and then to let one vehicle in for each that leaves. Another needed control is to rigidly enforce parkin^ regulations through citation and fine. These examples provide guidance for dei ’eloping an optimum parking arrangement for Lake Minnetonka. 7.Operation, maintenance and law enforcement responsibility for shoreline neighborhood parks shall remain with the owning municipality. Shore-based recreation represents an important, but sontenmes overlooked, pan of the summer use of Lake MirmeUmka. On the lake at the present time there are at least n*’o types of recreation areas. Most of the parks on the lalu are small and are designed to serve local neighborhoods. Their size and parking availability preclude them from being regional attractions or from serving a large population base. The second type atmtet visitors from outside of the local community. Noerenberg Park and the Excelsior Commons are examples. 8.Water-oriented shoreline recreational facilities serving a regional population shall have regional fitnding. Present there are plans for developing a regional park in Minnetrista with significant public lands on Big Wawatasso, and Wild Goose Chase Islands. Present LMCD policy is to encourage development ' * additional intermediate or regional parks. Funding of parks sen'ing a county-wide or regional adation shall be at the regional level Baskalty, this is consistent with existing policy in the seven county metropolitan area. Through the Metropolitan CouncU’s Parks and Open Space program an extensive set of regional parks have been developed that are under the management of county recreatUm agencies. This objective b consbtent with exisdng regforuii prui'w t rm. 9,Mattaffiag wetuits shall support enhancement tff shoreline reereoHonai t^portunities saving the regional popu This is consistent with LMCD stated policy and represents tuj dutnge from the presem. The 1972policy states that such areas are needed in only one cr two locations on the lake. The number cf reponal parks needed on the lah ' not qtecified; future studies dujuld determine the rmmber and size of parks. (Hven the present plan’ i.paric in Minnetrista and the exbtence of large public parceb on Big Island, bttnowprrferableto/e ..aresources and effort on consolidation arid development in these or^as. After enstir^plans are bnpkmerUed, further demand studies can establ' the need for further aujuisifions and amstmetion. It is hgxal to adopt a position enhancing shoreline recreational use. Use of the shoreline to develop SB-8 V t-r. 1. -i.- 1' M:; attractive destinations for boaters could increase rafting/beaching on the lake. Any increase in rafting/beaching temporarily removes boats from the open lake, thereby decreasing the potential for confUcts. Coupling new rafting opportunities with expanded access decreases the net contribution of active boats on the lake. Proper develufmtent of shoreline recreation opportunities for boaters, as well as for the non-boating public, can enhance the boating experience on the lake. Presently, e\>ery significant public area suitable for rafting or beaching is heavily used by boaters during peak hours. Development of more of these areas would temporarily remove additional boats from the open lake. That decreases the density of moving boats arid reduces the potential for conficts. JO.Managing entities shall encourage further public dev^opment and appropriate acquisition on Big Island. Present use of Big Island could be improved if there is additional acquisition and development. It is preferable to develop the future park to sen e a regional population with regional management and funding. Big Island represents the largest block of pu blic lands and the resource shall be dey>eloped to its optimum extent. The Board of Governors for the Veteran ’s Camp on the island remain concerned that this management objective ceudd be interpreted to mean that ownership of that camp should pass to another public agency. That is not the intent. Instead, the managing entities shall share common resources and services as a ppropriate arui work together to maximize use of their respective areas. Ownership and marwgement shall continue to emphasize the greatest public good. II.Manage tkies shall encourage coordinated develtqrment, management, / ^uiag and regional fitndbig q§ all lands regumal attraction on the lake. Effectivefy, this means that the proposed park in Mirmetrista, Wild Goose Chase Island, Wawatasso Island, Island, Noerenberg Park, the Hennepin County Regbnal Railroad Authority right-of-way and future acquisitions shall be consolidated into a single cohesive recreation resource with unified and coordinated managemenL Funding shall be given priority to assure timely implementation. 12. A ftan forfiskittg access shall be devrioped Jar the take using fishing piers and provision for formal parking areas. ^Mng can be enhanced on the lake and conflicts with boating reduced through the construction of fishingpiers on the lake. Fishingpim can be positioned so that the activity is relocated away from the shorr’lne at narrow channels to adjaceru parts of the open lake. This maimains tradttional uses in essmitdaUy the same location while imptoving the recreational ejqrerience of both groups. The State of Mumesota has a program which funds construction of fishing piers on public property. The LMCD shall work with Hennepin County and local municipalities to obtain these funds insofar as available. Further, the LMCD shall use its regulatory function for mo* • modifications to include fishingpiers as a Iti^ priority amenity where ajqyropriatc and as local conditiorts and municipal regulation permit. J While improving carltrailer parking provision shall be included for shore fishing utilizing site designs that nunimue contact between angers and boats in the water. Buoys, surface use restrictions and other controls minimize conflicts. 13. Managing entities shall encourage devdopmera of scenic lookouts around the lake. As lands are acquired for other purposes (parking Big Island) orde\>eloped (rail right-of-way), provision for parking and sightseeing shall be included as a priority activity. 14. Transportation agencies shali oontinno to provide ring routes to divert commuter and commercial trafllc from shorelands and work to incorporate recreational access to Lake Miaoctonka la ftiture public transit alternatives. Presently, Highway 15 carries considerable trafTic through Spring Park, Minncionka Beach. Orono and Wayzata. Future-highway construction that offers attractive, rapid alternatives away from the lake shall eontiaue to be encouragedt This will beeome more important as d<»Malopment occurs of the laitoi Further, if the decision is made to serve western Hennepin Co’jnty suburbs with aliernaiive public transit, recreational access to Lake Minnetonka shall be considered. This includes use of public transportation as a means of reaching the lake shore for day use, as well as combining remote parking with public transportation to the lal shore, [comment: this objective forms basis for policy #19 and dlacusaion on pp. 15 and 14 of the combined chapter] 15. The LMCD shall coordinate placement and servicing of adequate trash containers at all Sumner and wloler access points on the lake that are used by vehicles. Winter users of the lake strongly feel that litter is the primary problem. In addition to increasing euforccnicnt, users need an opportunity to properly dispose of their garbage. Various institutional at all appropriate acoeu points on the lake, [comment: this objective forms basis for policy # 20 and dlmssion on p. 16 the combined chapter] SP 10 w Ife'-m &:Sm.: 1 PROTECTION CHAPTER This is the original LMCD/Amdorfer OVERSTRUCK -w ere not used chapter. Sections appearing in normal type are included in the draft chapter, but not necessarily in the same place or same context as before. [Comments in bold, generally following each paragraph. describe the reasons for including or not including the material from the original in the combined version. ___ w< f I-?: ¥ 'i-- Ci,^: ?■;-■i.:V' &hh:. 4l ■■» v;. iH- . h.,..te'.;msr^ -i, !* ■ St?•r?: iSS??:? ; # tr.f;S>>,te: 81ft®iSv®r.fi-. ■'vV-- It {■ ^ ^ . pr-Ife- 1? g»1vIp }^- 0- 'A''- ^r't' V. ENVIRONMENTAL PROTECTION » natural environment in Mid —r I-alcg Minnetonka is to implewnt deMetopmont-eontrols that w>U dealine in watf rwality ond the fynctional voluec ■hoftiandi witilin 1|000 f—I of Lako Minnetonka-to imrfyde the entire upper in Lake Minnotonko cannot b« protected witliont-aBrinnm implementation of-niBnageniont-programs that include watershed which-dfakw imo tht lairtj [Commit: used in part on p.l, para.4; concepts used In part elsewhere on pa]>e 1, but wanted to get away from idea of 'inevitable decline” and irstead foster Idea of 'managins” the water quality tbe lake] Aeeordinglyi the Minnehaha Creek Watershed and the Department of Nmufoi Rasouiuas fnMITt baeome oarticuiarlv important aeoncies if the ohiectives : while generally true, tbe tone was not in keeping with the change in focus or desire for conciseness of the combined chapter] is integrally related »i Most of tiie Standards and Criteria for in order to protect water qualiQi?. quality of the raeraatioHal ewperienee. Without adoption and consistent enforcenient by all 14 lakeshore communities, these water quality and wetland protectioa objectives cannot be achieved. [Comment: portions of this paragraph were proposed by the cities to be removed, but have been placed into the combined new fiinptfr in the diacnsslon relnted to policy # 9, a context that may make the sentiment less pralllaaMtic; the rest teemed duplientive of connections to shorcland management made elsewhere hi the combined new chapter J iging entities, better intergovernmental relations, intarogoney ^ - LMCD must be for otho« m LMCD foio the dlies to be removed; portloa aaed ia last paragraph of page 1 of combined new chapter, iladm* cat to hdp ka^ condiined chapter more coacisc] Tbe Lake Minnetonka Conservation District (l^CD) has been involved in assuring environmental protection of the lake since its inception! After EP-1 -i'. aykitnaiiiA. w- I k t h 'I'- i"vV- tiS;'-si- A-’' 'h fe:. H. IFft.pi' ’y> ' mk*- j ‘ K*y.\ T • P- fe' • W'l-v ■ itf fofination in 1967> thn LMCD tponfiored a sgfW6 of commineoft to d<av«lop iwpoftan* areafi< It also partwipatad in tha fyndtng of tha 1971 study antittodi "A Program for jv a study all aoMraaa of w»al af quality pollution to the 4 aka. Tha study concluded that existing municipal wastewater treatment plants were the major cause of declining water quality. It recommended that the plants be phased out and the sewage discharge be routed away from the lake. This goal was fully realized by 1986 when the last wastewater plant within the lake’s watershed was phased out. [Comment: portions cut to streamline, but remainder used par.l 4905 —The 65 acre Big Island Amusoroont Park is oponod and sorv icoo 4 k>w Jackol’* street car boats; [Comment' this historical trivia is interestinc and nscflul as a footnote in a *publicly"*oriented document; but this plan is expected tn be a ina doenmeat for the various agencies rather than a "publication* per se] MANAGEMENT ARE.\S ivoo call for improMod monitoring. no w p o ial ao u ingt minimiaing the efFects of i and minimiziHg the ion. While the Lake (LMCP) has-authority in these areas, most ton Si and aonsisteat aaopafatiOB and eoamunfeationi [Comment: paragraph used as basis for discussion In Nntaie nt ProUen acetion oa p.!, septk systems reference used in para. 4, p.l and gave me idea for policy #S,p.ll] in tho iako and-in contouv. Btof quality and fiihary objartiMas ara to bo raaliaadr >taets tho Noxious aquatic and emerfcnt ^-eed control amures functional values of the wetlands. fConuMat: used in part as basis for discussion in para. 3 under policy #10, p.l2| Inat aanteace used la parnj, pJ] atonha appoan to bo in satisfastoiy condition^ port that eonolueioni [forms basis for 1st 2 sentences. pamgraph S» page 3] Rsheiy goals ore focused on maintaining sustainable populations of native fish, improving regulation of fishing tournaments on the lake, and improved population monitoring. Additional information is needed on the effects of aquatic weeds and wjcd harvesting on fish populations, (paragraph S, p. 3] EP-2 7m' W-' «■•it' [te. PM*"mm- b'&_ :ts,H:'^ »l:.f Ski^-- ;■■•>' - ?:^- 1^^-' Fi-' tTv. ,U' 1: AUTHORrrV (Conincnt pcrtaios to the followjng 4 paragraphs ia this section of the chapter plaa Is fM* lake management by appropriate agencies; no authority citation pertaining to the LMCD is needed] L aae of 1067t as nmtnifTitj grTt I M^T* y|s.«i.»y Cp^;n/.^ny following po wers rolat ^ to water qua lity o to undertake research to determine the condition and dev etoptnent of the lake and the water entering it, and to transmit their studies to the Minnesota Pollution Control Agency and other interested [par. 6, p.5] iion.. end ineia l a tfictnnf»a from a nd join in projects of entof into a oa traat s mih -fedorol and stat e^genoies for the-study -an d of pollution pfobloms a nd demonstrat ion programs relat ed UdCPt four other a ga ncies hav e tho potentia l to afl -jct wat er 'UB founded at power to ra gulat o the innesota Pollution Control 0 nee-of on- site my Corps of Engineers an d the wter ^ua l nt of Na tura l Resourees (DNR) iiav e permit programfi that ^ eontowr is implicit in the LMCD’s <•> hoielinei ■ But the most ietr^’ia PNR an d the 14 local those ar ea s below the of this DNR to la ed on man a gtwg •fishing f.jMCD to take a more activ e role H^WWWG GOtfSSXf [Cl iment: braekout into water quality, wetlands and nsbcrics was retained ia the combined chapter, but expanded to include runoff and shoreland management objectives and policies] EP-3 ip.:i r > j t* I' tM.. Vf '/ . Water Quality [towards bottom of p.5] Generally, the various bays of Lake Minnetonka have exhibited improved water quality since the diversion of wastewater treatment plant effluent out of the watershed of the lake. Measurements demonstrate improved summer water quality conditions. The quality is now adequate to support most recreational uses of the lake. Exceptions to this are Habted ’s Bay, Gystal Bay, Tanager Lake and West Ann. The lack of improvement in these bays tt probably due to Hitora al phosphorus loadi ng from lake sediments and high load iBfS from non-point source pollution. [Comment: forms roost of pani.6, j terns wttli more commoB, less technical words] The major threat to the water quality of the lake »■ the development and redevelopment of the watershed of the lake, [par.2, p.2] Additional phosphorus loadinc appears unavoidable. [pnrJ, p.2] Pa ta ntion pondf. can reduce. ■*»*« will not elimin.Ko, needed to maintain water quality for rac ra at iona l purposes. Additiona lly^ lesser sources of phosphorus loadi ng inelude excessive and improper use of [diasphorus fertilizers, duturbance of highly erodible areas, filling of wetland and poor agricultural practices in the basin, [par.5, p.2] The aquatic weed Eurasian Watermilfoil has become establbhed in all parts of Lake Minnetonka and represents a threat to traditional recreational use patterns on the lake. The weed may also cause depiction of dissolved ooqrgen in the lake during peri'vlt when the plants die and decompose' [par. 6, p.2] ■Minneapo lis Straa t Ra il to the LMCD In 19S8 was to develop a management plan (ie.- an institutional framework) for p^ataeCinf the lake; enrrent standards and criteria might be adequate jf applied consistently] Wetlands [tawaids bottom of p.6] Many wetlands have been lost in the last few decades as the result of devekqMienL The shoreline of Lake Minnetonka and adjacent wetlands have undergone inteiise development over the years. As praisura incraasas for additional lake a ccess and redevelopment of low density residential and commercial districts, the pressure to alter wetland areas will als o •ant inua to increase. [Ctmmcnt: forms most of pora.7, p.2] The dredging of channels In Lake Minnetonka for navigational access through wetlands is an activity that may hava ■sigaifi sant impact on wetland oivjtOfunei7ts and their functional values. Asoordinglyt the U.S. Army Corps of Fngin eeis, DNR, the Watershed District and most of the lakeshore EP-4 ■hi• Yir- y, rrr t:- I ti.- i * If |s- 'fc-'- u?- Ife »fo . If - /.■ r 'fE:''- ^1S "•••■•■ sL'>f/.VIp^-W'r. ‘gV*- *■murn- fef. ‘ t= J iwl^- fe- 0-' ^:-■ m‘^-w M ijlKf J f'* ^f?;‘ i?-‘ l^rV m fp ■ [i- ;i^' p--> f't vJ I communities have regulations or ordinances that control the use of wetlands in and near Lake Minnetonka. The institutional framework necewar^i for mistSf'hut enforcement and inspection of iivitiei iff latilung [Comment* forms most of pare.8, p.2; see comment above about Instftvtkmnl fruwworit] The infestation of the exotic plant species, purple loosestrife, in wetlands in the Lake Minnetonka area has the potential to adversely affect the wfldlife habitat value cf the wetlands. The plant aggressively displaces the native wetland vegetation required by wildlife, while having no value for wildlife itself. Loosestrife has been declared a noxious weed in Minneso ta. It b the responsibility of landowners to eradicate the plant on their land and the responsibility of the DNR to control the plant in protected waters and wetlands. The most effective control program involves the eradication of the plant before it becomes a dominant part of the wetland ecosystem. The LMCP shaH-track ongoing wcaorch and ih« potential-fof improved eontrel-g- aedsi [Comment* forms most of pare. 3, page. 3; final sentence didn’t seem to fit in context of combined chapter] Fisheries [see page 7] The primary objective of fisheries management is the protection and enhanceinent of fish habitat This includes maintenance of good water quali^. protection of spawning and nursery areas, and provision of adequate cover for juvenile fish and forage species. These activities arc esi^ntial for self-sustaining populations of fish in the lake. [Comment: forms most of para.6, pJ; with n few new words added] Minnetonka aro primarily related Some of the potential threats to fish habitat iaeludei development and redevelopment of lake shoreline • degyndiripit of water quality dsedfing end shanneliaattaa • invaiioa of exotic plitr* species such as Eurasian watermilfoil r> V ^1 at protect fish habitat either it program b idditioni the DNR protects a few designated bass spawning areas for the purpose of obtaining fish stock for other lakes in the state. [Comment: regulatory programs can be EP-5 i r'. M X:.Z: ■V L« V -5^ » ,1i. )&:■ i- i^- t'V listed in background papers, they are not needed here; final sentence is found in para.7, p-)] Lake Minnetonka provides the most productive fishing in the seven county metropolitan area. The lake is rated as the finest bass lake in Minnesota. The diversity of aquatic habitat in the lake supports an abundance of fish species. More major bass tournaments are conducted on the lake than on any other lake in Minnesota. Th'^ exceptional quality of the lake and its proximity to the Minneapolis Sti Paul metropolitan area makes it imperative that the lake be managed in such a manner as to protect and enhance the fishing resources. [Comment: forms most of para. 3, page 3] Bw-Laho Minnatonkat the DNR has been the primary agenc}' responsible for monitoring and managing the fisheries in Lake Minnetonka. Staff and budget limitatiom of the DNR have not allowed a full fish monitoring program. Fish populations are monitored only indirectly through the present fisheries survey program. Creel census data to determine harvest rates are particulart«’ needed. Tho limitud availability of fishorios data for Lake [Comment: forms most of pani.7. p.3] LONG-TERM ENVIRONMENTAL PP^TECTION PROGRAM affaati the natural y contributing to i botn from the ■Tho Natural ‘tftion Pta f tho Ml'lift [Comment: not needed, negative tone, slightly wrong focus ud docan*t work In new eomblned ^pter] to tho fullect ■atant allowmd hy >oi (Commeat M>t needed, wrong tone] 1 913 Song-TBy the Waf rs-of Lako Minnionko" by )tes above] [the fiillowiag aerred u basts for list oa p3] a) mitigate, to the fullest possible extent, the degradation of the chemical and physical water quality of Lake Minnetonka and its tributaries. b' regulate the use of wetlands of Lake Minnetonka, especially in oomnection with nawgational access to the lake, c) protect and manage wetlands within the OHW elevation contour of Lake Minnetonka fbr preservrtton of their functional values, induding water quality enhancem nt, flood control, aesthetics, and EP-6 Sv if:. wildlife habitat protection. d) promote a policy of protection and management o wetlands within the watershed of Lake Minnetonka, yet outside the 929.4 contour, zi least for water quality protection and flood cu. ol since these functions directly benefit the lake. c) encourage a more comprehensive wetland management program in those communities now having minimal protection. f) encourage projects and programs by responsible agencies to maintain and restore the ability of wetlands to provide water quality improvement, flood control, wildlife habitat and aesthetic enjoyment. ourage programs to control the infestation of exotic plant ‘*ies in the lake and in wetlands. ,courage a scientific approach to wetland management for water quality ■lefi*' .iirough appropriate sedimentation and detention practices. i) assist the DNR fisheries management program by aiding in Icxal regulation of lake use and habitat protection. j) serve as an advocate for the lake resource during formulation of DNR fisheries programs. In other aspects, PCA and Watershed District should remain the lead agencies for water quality; the DNR and Watershed District should retain the lead for management and protection of wetlands in the upper basin; and the DNR. should continue the lead in managing fisheries on the lake, [par.6, p.5] [Gcncnlly this section might be better described os policies ntber tium objectives; where retained, they generally appear in »he "policies* section of the new, conbiaed chapter] 1.Ensure thatt a comprehensivt; water quality monitoring program capable of diagv^^jig problems is conducted for Lake Minnetoaka and its tributaries. fComment: became p.c.-^cy #Lp.7] The Minneh.. m Creek W :iershed District is currently the only government agency that conducts routine annual water quality monitoring of Lake Minnetonka. Other agencies, including PCA, DNR, and :he ^'et^opoiitan Council, have occasionally monitored Lake Minnetonka water quality. The scope of the Watershed District's monitoring efforts is severely fimfted by finaneial oofi^ttiuntt. Currently, only six bays o* the lake and sewn tributaiy streams are sampled on a semi-annual basis. Analyses ate limited to onfy Usic parameters. [ComaiCBt: became first discussion paragraph under policy 1, pp. 7 ft t] The LMCD sha ll a na oura ga al l ras| aa t wat a r quali ty ra dia gao stia of lak a □ded water q iolity monitoring prog. i... lows understanding the interacting physical, c'.xraical and biological p<..>ccoScs whkh control lake water quality. Such a program documents whether water EP-7 I t. quality problems, including blooms of potentially toxic algae, are developing in Lake Minnetonka. The water quality monitoring of Lake Minnetonlui and its tributaries »h«U be overseen by a committee aimpnsed of water quality experts and intwated ♦mhvHiuate from cooperating governmental agencies including, but-itot limited to< tha LMCD, DNRt PCA; MeSroylii a n Cowwilt Suburban Ha iiwpin Pa rks. Wa tfa lwd DM»trK>ti nnd inifaa fd lakea hore oommunitiesi—The LMCD shad convene* th« c<*mmiHg». (( omment: This paragraph forms the basis for paragraph 2, p.8] Maiatala or restore the water quality of Lake Minnetonka to allow continued use of the lake for piiamry contact recreation and buss-pan sportfishing. [Comment; This forms purtiul bnais for p^lcy # 2 on p.8] As a preliminary goal, a mean summer total phosphorus concentration of 50 ug/1 will bo aot i owcop* m Ha teted'fc Bay i Tano ge*’ and Arm Comment: portion of acntcnca, found in para J, p. 8 under policy # I ] The LMCD shall work through the Minnehaha Creek Watershed District to reduce the levels of phosphorus in the outflows from several small lakes previously impacted by vsastewater treatment plant effluent. [Comment: this senteme l»etame basis for policy #2, pJ) Internal phosphorus loads derived from the sediments of Langdon Lake. French Lake, Tanagrr Lake, and Peavey Lake are significant sources of phosphorus reaching Lake Minnetonka. The Watershed District plans to address these problems shall be supported by other managing entities. [Comment: lorms basis of para. I, under policy #2 on page 8] IS>38 Tim fifit Gfoy hound a re built a t tho Mmfwtowka few* W«wks [('omment; see previ MS conMMnta on footnotes] 3.Minimize (be impacts of non'iiutat pollution on tbc quality of Lake Minnetonka and its tributaries, by enutroUing urfina and agricultural storm«rater runoff and erosion, and other nf^toprtala maaagcmcat pmctkts. [Comment: bcaim< policy # 6, p.lO] Tbn LMCD sbnll Wfh waih tlm Wa f ra hnd foUowing oi' Wjt#f and ifola nd Ruluii [Comment' not needed, also tone problem) stormwater runoff according to the regioaal detention basin reoomiiieiided by the U.S. EPA Nationwide Urban Runoff Program (NURP). [Camm rnt imms basis far para. 1, nndcr policy 6 on p. 10] On-aitc or repooal deteotioa of stormwater runoff shall also be required for developments in any land use category, regardless of impervious surface area, if iu stormwater runoff would otherwise be diacharged directly to a lake or to a stream discharging to the lake without passing through an intervening wetland or properly siaed regional stormwater detention basin capdide of improving siorawaler runoff quality. Wherever possfole. stormwater deteotaoo hmins. b(Hh regkmal and on-site, should be constructed EP-8 m': ■/ i %■ & r;.i ■ K^ ■-!.■■ ;• ■; •, i;' ■ :^r t •.-■• ■ r-- I li' If u’ to NURP guidelines. [Comment: forms basis for para. 2, under polio 6, on p. 10] d. Impervious surface coverage of 'r.t,. should not exceed 25 percent of the lot area without an approved stormwater management plan. Where detention ponds cannot be constructed according to NURP design guidelines because of spatial constraints imposed by the site, smaller ponds in series may be used instead to control runoff water quality, provided they perform at least as well as a NURP pond. [Comment: forms basis for part of para. 2, under polic> 6. on p. 10) c. papers] asaofding to tb t: too techniail, should go into appendix or working £. Permit requirements for each constructed detention pond should include a Maintenance Plan and provisions for access to perform maintenance. [Comment: this wns placed into para. 2. under polio 6. p. I0| bo inaorpora tad into iho Suction 50M Water Managom o nt WallPSbad Dianie* m raauiromo wte for wiod «r» paliliaa itatuim 47.*i8 7 8 | So bdi 4 (g)i Tho LMCD shull its Rale B to specify tho f.e a applied to the antif Lake If [Comment: forms basis for para's 3 & 4. under policy <,p.l*l the Carver Soil and Water ConserN-ation Distiict and the Hennepin Conservation District to identify critical non-point sources of pollution from agricultural land arithin the Lake Minnetonka watershed. Tba LMCD shall suppo rt the adopt ion of bast numagamont praotiom by araa farman [Comment: forms basis for pura. 5. under policy 6, p.lO & 11) Mlalmlm tlw Impaafo of fertilisers aad pesticides eoala iaed la watershed qnalily af Lake Miaaeloaka. [Comamat: see policy 7, p. 11] Lakesbore oommuoities ■)mll>adapt remrictions on the use of fertilizers and peaticidea by iba tlwsiiaad-Maaafament Ragulaiioaf of tha PNR. The LMGIMmB work with these oommunities to adopt comprehensive lawn fatSStet ordinaooea aad-4o-peamda-adaqoatoetatf-ios-aoa>aol o f bo tli oonunercial ^tpUcalocs aa^^moMoamam. [Camamat: forms basis part of pare. 2, policy 7, p.11] Labi Miaaeiaai It . • uitaamau tbsoofboot thw at tiam Ibis wm foimalated and adopted, it 7, p.lll EP 9 'V 5. Mlaiaiic the polluUiDts reaching Lake Minnetonka and its tributaries viu septic tank leachate aad residues from past treatment practices. [Comment: see polic} S, p.ll] tha individua l oitws shall ina iudo the re»}t»>a >naaf of Minaa sota Ruiest Cha ptae 70 80, con< ipaatBiaat sta ada fidii Thai# standa rds-a fa-u oas ista nt with tha sawa ga iha naw Shorala nd Ma noga ma ni Ra gwiat ions of tha DNR imant Stand a rds a a d Crita ria a oa taw ta d in-Appa ndut C. [ComaMati at tUac this was fonaulatcd and adopted, it was appropriate, but is no longer timely; reference to Appendix C did not meet with approval of cities] 6.Protect receiving water quality from the detrimental effects of serious erosion, either during or after coastniction of residential and commercial developments, and to ensure that runoff from the developed site is of good quality. [Comment: see policy 9. p. 12) Erosion and sedimentation control plans, meeting the criteria established by the Board of Water and Soil Resources.-shatt be roquira d on a ll dauel opmaati in tha watawhadi The lakeshoru eommunitiot sba ll ruguire tha t ttoea nua ter runtdT be mana ged acc ordia g to ma nagem um objua tivu tha asaai (Coawcat: fornu basis for paragraph following policy 9 on p.l2: discussion following policy $ oa page 10 caconrages dtics to require...; focus should be on performance standards ratliwthna prescriptive standards as the above text suggests. A performance standards might say. for example, that mnoff from any parcel should not exceed the runoff generated by the parcel before demfopamat) ilfoili and to [Cumnmat: basis for policy 3, pp.t aad 9] Tlta UdCP ah al l eantiaua to work eooperat ivi ^ # V?___• * #1^ o| • t 3 aad the foUowlag diacasaioa, pp.O aad 9] >ofo mana gemoni jgencww» tocooir<4 la a iia wa odsi [Comment: basis for policy oa t -Woflit pfodua as its fimt [Comment: see previoas comments about footnotes] Miaimiae the a dvtrae water qaality Impacts of dredging activities on the quality of public waters. (Cemmeat: eee policy 5, p.9] [Comment: my initial reaction was that saying the LMCD endorses Rale C has mnr|teal valae la the plaa; LMCD eaactiag Ms own wetland ordinance might better fit hi the wtdaad paHcfos, perhaps nadcr policy It oo p. 13.~this needs nMirc dlscu.'.>ioa] The LMCD, skmg with the DNR Division of Waters snd the Minnehaha Creek Wstenhed District, sre drafting sn interagency policy resolution to EP-10 V, !. 1„ ir L'’ W' ■■ * establish uniform navigational dredging access criteria for Lake Minnetonka. A draft policy has been developed and will be dLscussed further with the agencies. Opportunities for public nput arc also being planned. [Coramcot: this paragraph Is lo IlMf combined chapter, us para. I following policy 5 on plOl 9.Inprove protection of wetlands lying within the 929.4 contour of Lake Minnetonka through regnbtion. [Conment: this forms basis for policy 11 on p.l3] Tho LMCD shall undertake a detailed inventory of wetlands bol o w 929 A on kai The LMCP shall than anoct a wetlands ord inance which Inalodod sh«vuld ho rligy. A fiirihtr pvrp**T rf u to. “ irllrmt “■lUtr Tr T---- filling ragMlati'^Wi govnrning activitio f. within the lake, tho LMCD fphull tntTuuroga funding of atlfHiifaiT uc ik.» BMP, or tht ^Vottnhnl DirTrr* liw LMCP shall fond snah Mwpaction and ufora amant aatlMitwwi. [Comment: this paragraph was bnala for policy 10 on p.l2 nad for parts of the paragraphs of discussion following policies 10 and tl. The Wetland Conservation Act of 1991 establishes a statewide no-net-loss p<»licy for wetlands. The LMCD shall amend its regulatory programs to recognize that docks constructed across wetlands may have an adverse impact on the functional and aathetic values of wetlands. [Comment: sec para. 4 under policy 10, p.l2] In addition to its own ordinance, the LMCD shall encourage other managing entities to adopt a no-nct-loss wetland policy that makes provision for variances for public purposes. [Comment: .sec para. 4 under policy- 10, p.I2J lO.Eni—rige impravci thrnngh regnintion. [Comment: this <ri>Jcctive has been combined with objectives II and 12 htfow to form new policy #11 on p.13; the combining is Intended to save space, reduce duplicnfkm, and enhance the clarity of the policy] Thn LhiCD shnil nnsmirage sH Inhtihnrt snd apr^*' to fumulate or amend their vetland ordinances as needed to include minimum perfomanoe standards, a comprehensive wetland definition and map, and provisioas for mitiption of wetland degraded. The DNR area hydrologist should be consulted in development of the wetland ordinances. [Comment: forms basis for para. I 11, #.131 The Watershed District shall be encouraged to amend iu rules to include the protection of T^pa 3, h, 7, and 8 wetlands. In addition, the Watershed Lillrict thaU be encouraged to map these wetlands and other wetland pioCected by the Dittrkt or to adopt the National Wetland Inventory Maps. [Comamat: first lantnrf forau basis fM* para. 2 uadcr pulky 11, p.13; rcamiader forms basis for para. 2 aadcr pnVey 10, p. 12] EP-11 ?. I S'- 7-^ " i:i= II- I- 1^ i:i 11.Encourage protcctioii of wetlands above the 929.4 contour through acquisition. (Comment: this objective has been combined with objectives 11 and 12 below to form new policy #11 on p.l3; the combining is intended to save space, reduce duplication, and enhance the clarity of the policy] The LMCD 4wll encourage the Ftparian cities of the lake to use grant programs or other means to ensure the perpetual protection of wetlands through acquisition. Furthufi onan regional funding is forthcoming, thu by taw bofto ra%»nue6 for and in addition to other aaistine funding M>ufco6. [Com.nenu basis for para. 3 under policy 11, p. 13] Encourage manngement of wetlands for water quality improvement, flood control, wildlife habitat nad aesthetics. [Comment: this objective has been combined with objectives 11 and 12 below to form new policy #11 on p.l3; the combining is intended to save space, reduce duplication, and enhance the clarity of the policy] The LMCD shall encourage the lakeshorc communities and the Watershed District to install and maintain improvements to protect wetlands from in*niling by sediment and to promote nutrient removal. In addition, the LMCD shall encourage the lakeshorc communities and the Watershed District to adopt or amend ordinances that promote wildlife habitat values of wetlands by minimizing removal of vegetation and establishment of buffer areas. [Commeut; basis for para. 3 under polio 11, p. 13] The LMCD shall emx)urage the control and reduction of purple loosestrife and other noxious weeds in wetlands. (Commeut* added tr para. 2 under policy 11. p.l3] 13. Ideutify and protect fish habitat for the purpose of mainuiining sustainable populations of native fiih la the laka. [ComaMut see poli^ 12 on p.l3] areas for designated target Gsh spedea (e,^ largemouth bass, northern pike and biuegill). This information should be compiled on a map delineating critical haNut at a scale of at least 1:2400. Qidinanaas shall ba adopfd by the fMwmr (Comment forms basis for discussion Unpeoet mtmiloring of llah populatiuu and flsh harvest rates. (Comment see policy 13, p. U] Moniumog fish populations allows diagnoses of imbalances in fish populatkma and determination of whether fish are being over-harvested. Anaaplu4‘aianda>d-4uahniquaa-iliall-h»-usud-fes-4ha studvi [Commeut forms basis for discussion paratraph maiar pulky 13, p. 13] EM 2 n-r ■k' :H ■ a . %- *;• ■ X'T- Organizers of bass, walleye and muskcUunge tournaments in the lake shall report the lengths and weight of individual fish caught during at least one tournament per year with greater than 100 participants. [Comment: forms basis for discussion paragraph under policy 13, p. 13] 1937 - The lake reaches a low level of 922.7. (Comment: see previous comments on footnotes] 15.Improve local regulation of fishing tournaments for the purpose of reducing mortality of fish caught and to minimize the impact of increasing fishing pressure on the resource and other users. (Comment: see policy 14, p. 14] All tournaments for bass, walleye, and muskcliungc shall be catch and release, with the exception of hooking mortalities and a limited number of "trophy" fish per tournament. Participants in bass, walleye and muakellunge tournaments shalf be subject to rules governing iransporiaiion of fish, wejgh .in procedures, and evaluation procedures prior to release. At the time the permit is issued, regulators shall consider individual and cumulative effects on the resource, other users and landowners. [Commeot: substantially the same u diacuaaiou paragraph under policy 14, p.l4] Obtain additioaal information on the impacts of exotic plant species on fish populations aad the Impact of aquatic vegetation harvesting on fish populations. [Comment: see policy IS, p. 14] The LMCD shall encourage involved agencies and organizations to determine the effect of an extensive weed harvesting program on fish population, as well as determining the effect of the vegetation infestation on the fisheries. If necenary, an educational program should be implemented that would instruct an^n on effective fishing techniques in and around dense mats of aquatic vegetation. [Commeat: basis for discussion paragraph under policy 15, p. 14] EP-13 Tos 5': I X I ■h Mayor Peterson and City Council Mark E. Bernhardson, City Administrator Froas Dates Subject t Michael P. Gaffron, Asst Planning & Zoning AdministraX|» July 17, 1991 V *July 17, 1991 #1604 Clair 6 Lynn Rood, 2215 Kenwood Way - Conditional Use Permit/Variance - Resolution 4 \ List of Ixhiblte ~ A - Applicants' Letter of 7/15/91 Re: Legal Combination B - Final Grading Plan C - Code Section Regarding Accessory Use D - Memo/Resoli.tion/Exhibits 7/2/91 DieeuesloB - Please review the memo and exhibits of July 2, 1991. Also, please read the applicants' letter requesting that the requirement for legal combination be omitted. In regard to this request, a review of the final grading plan (Exhibit B) suggests a number of points: 1. While the primary grading will take place in Lots 54-55- 56, there 1^ some grading on the applicants' homestead parcel . 2. The 931.5 elevation contour, which will be used to create a legal description for the necessary Conservation t Flowage Basement, appears to lie in all four tax parcels. 3. Lots 54 and 55 contain approximately 15,000 square feet (0,34 acre) in this half acre zone. As applicant has shown on the plan, additional acrea would have to be added to make Lots 54 and 55 into a fu' ' propr-ed bv\i,ding site. Staff's initial rv't-son for recommending the combination of all four existing tax parcels is for clerical purposes. As-is, the resolution and easement documents would have to be filed on four individual parcels, making the legal descriptions somewhat more cumbersome. Ace—ory Dee Without Principal Ose - It might also be argued that the pillars, retaining walls and pond constitute an accessory use on lots with no permitted or conditional principal structure or use (although its questionable whether the walls and pillars can be considered as structures). The Zoning Code Definitions and Section 10.03, Subdivision 9 (attached) are clear on accessory structures without a principal structural Definition 72 "Accessory Use" suggests that a princiMi use, i.e. a legitimate permitted or conditional use, is required before one can have an accessory use. Does Council consider the pond/retaining wall/pi liars an a "use" subject to needing a principal structure? ■i f. -’-u, Zoning File #1m04 July 17, 1991 Page 2 of 2 One of the main reasons for this is to limit development on •untended" properties which may suffer from lack of maintenance. This probably is not the case with Rood's property since he lives adjacent. However, should Rood sell his homestead lot separately from the pond property, it could 1-ave the pond and retaining walls an'rattractive nuisance" under the control (or non-control) of an absentee owner. The api icants' homestead parcel contains enough acreage to meet th« LR-IC zone requirements so minimum acreage is not a basis for requiring a combination. The applicant purchased Lots 54-50-56 separately from his homestead parcel, and at a later date. The issue of combination was brought up by staff late in the review process, and was not specifically addressed by the Planning Cemonission. OptioBs/Ramiflcatlone Re: Ik>t Combination - The following are possible options regarding the combination, and the ramifications of each for the applicant: A. Combine all four lots. A future subdivision would be needed to create another building site at the southwest corner of the property. B. Combine only Lots 54-55-56. In this case, a new house could be built on this combination without the need for a subdivision; but any issue of "accessory use without a principal residence" is not resolved until the new house is built. C. Combine large Lot 56 and homestead parcel. In this case, a subdivision would still be needed to create a new building site, because Lots 54-55 in combination don't meet the minimum lot size; and because a portion of the re^’slnlng walls are in Lots 54-55, any "accessory use" issue is not resolved. D, Require no combination. This leaves applicants' future options wide open, but doesn't resolve any "accessory use without a principal residence" issue. itaff Referring to the staff recommendation of the July 2nd memo, •taff recosmiends approval per the attached resolution. If Council determines that the issue of "accessory use without a principal residence" is pertinent, then the combination of all four parcels should be required. If Council determines that the *Acoeaoory use* issue is not an issue, then omitting the tinatiem requirMent might Be justified. I-' r • \^y- ItFv fir H#. CLAIR T. ROOD / 2215 KEmVOOD WAY / WAYZATA, W1 5539I-9700 July 15, 1991 City of Orono P. 0. Box 66 CiTj;5tal Bay, MN Dear Zoning Administrator: In regards to your letter dated July 2, 1991, zoning file #1604, I am perfectly willing to follow staff recommendations 1 throuqn 5. However I have a problem with #6 where it says applicant shall legally combine the four tax parcels upon which the project will take place. The project as I see it only takes place on lots 54, 55 & 56. Ultimately I am planning on building my new home on lots 54 6 55 which would be a 1/2 acre lot. I would still have lot 56 to build on which is 2-1/2 acres. 1 certainly would object to combining my current homestead (which is on lots 66, 67 & 69) with these other lots. I see no need for that type of action. My c)ean-up work and ponding is to be entirely with-ln the boundaries of lots 54, 55 t 56. Once again I would reiterate my concerns for the current state of this wetland. 1. The gas line is still exposed on the south end of this property 2. Tires, car body parts, tin cans and litter still remain wit)>in the boundaries of this wetland. 3. Brush and creosote soaked railroad ties continue to appear on the north end of the property as it appears to be an ideal dumping site for passersby and the railroad. 4. Raw sewage from the City sevrer which backed up in May of 91 and overflowed into this wetland has fertilized the vegetation which has overgrown the entire wetland. 5. I am also concerned about erosion on the south end of the property. Without retaining walls and proper grading, the bank continues to wash into the wetland. w " S'/ r tr**'- w ffira f if l:A, Page Two July 15, 1991 1 have no problem waiting until winter to excavate the pond, however I would deem it necessary to build the retaining walls as soon as the council approves this permit. Thanking you. Clair T. Rood , ,a iti-iC\k rt B ->iA^J IV S 10.02 SBC. 10.02. DEFINITIONS. As used in this Zoning Chapter the following words and phrases shall mean: 1. "Accessory Use or Structure" - A use or structure subordinate' to and serving the principal use or structure on the sam« lot and customarily incidental thereto. 69. "Structure" - Anything constructed or erected, the use of which requires a location on, below or above the ground, or attached to something having a location on the ground. Source: Municipal Code Effective Date: 9-14-67 71. "Use" - The purpos- or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized or maintained, and shall include the performance of such activity as defined by the performance standards of the Zoning Chapter. 72. "Use—Accessory" - A use subordinate to the principal use on a lot and exclusively used for purposes incidental to those of the principal use. 74, "Use-Permitted" - A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts. 75. "Use-Principal" - The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use* may be either permitted or conditional. Source: Ordinance No. 172 Effective Date: 1-1-75 ^ Sec /®.0”3 Subd. 9. Accessory Buildings. A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 1 '4 '■ i-- jT. , . ‘C^;V ■■ , y mM^ ' • ^ t > To:May< Peterson and City Council City Administrator Bernhardson Froat Michael P. Gaffror., Asst Planning & Zoning Administrator Date:July 2, 1991 Subject: #1604 Clair and Lynn Rood 2215 Kenwood Way - Conditional Use Permit/Variance - Resolution Soalng District: LR-IC, Single Family Lakeshore Residential, 1/2 acre, sewered Application: Request for variance/conditional use permit for pond excavation and clean-up in designated wetland List of Exhibits Exhibit A Exhibit B Exhibit C Resolution Notice of Planning Comrission Action 6/10/91 Memo end Exhibits of 6/13/91 Discussion Please review the memo and exhibits of June 13. Briefly, the applicant requests variance/conditional use permit approval for land alteration Involving a designated wetland in the Navarre area. This wetland area served as a neighborhood dumping ground for decades, and part of the applicant's intent and work to date has bean removal of debris from the perimeter of the wetland. Additionally, he proposes to excavate a 1/2 acre pond within the 1.5 acre designated wetland area. The proposal includes construction of two 3-1/2* high, 100* long retaining walls at the northwest and southwest corners of the property, and spoil disposal within the property boundaries. The City Engineer has reviewed this proposal in detail and has determined that from a storm water management standpoint, the proposal as revised will meet all pertinent storm water management requirements. A conservation and flowage easement will be required over the entire wetland area defined by elevation contour 931.5, plus a 15* wide easement extending to the 8* FVC culvert at Navarre Lane. The applicant has discussed this project with the Army Corps of Bnaineers and he notes they have advised him that this wetland work is of a low enough magnitude that it would be covered under a national permit. The city has received no written documentation of this from the applicant or the Corps. This wetland is not a DNR protected wetland. The Minnehaha Creek Watershed District has reviewed the application on a preliminary basis but has not granted final approval pending City approval. Ron Quanteck of the Watershed District indicstss that there do not appear to be major iaauea with the project. 1 k Zoning File #1604 July 2, 1991 Page 2 City approval, granted, should app oth licant gaining approval and meeting all be conditioned on requirements of the er jurisdictional agencies. In reviewing similar applications to determine what specific conditions of approval might be appropriate in addition to those recosnnended by Planning Commission, staff reviewed the somewhat similar application request by :he Gregorys on County Road 15 in 1905. In general, that review suggested that if specific findings can *?e made with regard to alteration of designated wetlands, thos*. alterations would not set a negative precedent or have negative impacts on the lake if the following findings can made: 1. 2. 3. 4. 5. 6. 7. B. Small size of wetlands altered. Small size of watershed served. Limited flow into the lake. Wetlands have matured to a steady state. Alteration of storm water ponding characteristics to increase retention time. Expected benefits far outweigh risks. Magnitude of risks in relationship to the lake are minor. No #r few others are occurring during the same timeframe. With regard to the current project under cons i-deration, this 1.5 acre wetland with a 24 acre watershed is relatively small compared to many of the wetland complexes which feed into Lake Minnetonka. The culvert leading under the railroad tracks provides limited flow to Lake Minnetonka, however, the elevation of the tile suggests that the wetland will fluctuate closely with fluctuations in Minnetonka. The applicants are proposing to slightly increase the storm water ponding characteristics as a result of their excavation and filling, and opening up one-third of the wetland area to pond status will provide additional sedisMnt storage in the basin. Neither the City Engineer or the Watershed District feel the impact of spoils disposal on the site will be of consequence. In general, this project appears to he in concert with a finding that there will be no negative impact on the lake. PlmBBing rommlesion ndation The Planning Commission was concerned that the original plans did not include a comprehensive restoration plan for the site. The applicant then provided a restoration/revegetation planting schedule and diagram along with detail on the proposed retaining walls. The Planning Commission at their June meeting voted 5 to 1 to grant approval of the variance/conditional use permit for work in the wetland, finding that based on the proposed plans and stated intent of the applicant, this project I Art -T w- Zoning File #1604 July 2r 1991 Page 3 will have a positive impact on this wetland while maintaining a natural habitat character rather than a park-like setting. Planning Commission also based their approval recommendation on the basis that all storm water and flood plain management engineering requirements have been met so that there is no adverse impact on the lake. The Planning Commission recommended the following conditions of approval: 1.Applicant shall conform to all construction and site protection requirements recommended by the City Engineer and as may be required by the Watershed District, Corps of Engineers and DNR. 2.Silt fencing and other required erosion controls shall be maintained in place during the period of excavation and until revegetation is accomplished. 3.Applicant shall adhere to the revegetation plan as proposed. 4.Applicant shall grant a flowage and conservation easement over the entire wetland area defined by elevation contour 931.5, plus a 15' easement extending the the 8" PVC culvert at Navarre Lane. The legal description for such easement shall be provided by the applicant's surveyor. No land alteration permit shall be issued to the applicant until such easement has been properly executed by the applicant. 5.The applicant shall obtain a land alteration permit ($75.00 per current fee schedule) prior to commencement of the project. Staff ndatioB Staff recommends approval per the Planning Commission i^mcosaiendati.on. A number of additional conditions of approval are suggested (and incorporated into the attached resolution) based on conditions considered for previous similar projects: 1.Construction/excavation must be done in the winter and the outlet culvert must be sealed off during the entire construction time. 2.Applicant shall work with the appropriate agencies (City/Minnegasco) in restoring grades around the culvert and exposed gasline at the south end of the property. 3.Chemicals for the control of algae and aquatic vegetation within the pond shall not be allowed. r Zoning File #1604 July 2, 1991 Page 4 4.Areas designated on the plan as remaining undisturbed shall be fenced off prior to grading to prevent their destruction. 5. b. Applicant to execute a Developer's Agreement with the City including: a. Completion at approved time periods. Posting of security so City can step in and complete work if necessary. Payment of fees for any excessive inspections needed during the construction period, and payment of any excessive engineer review fees accumulated during the review process. 6.The applicant shall legally combine the four tax parcels upon which the project will take place. fiuioa Pillar Issu* (During this application, the issue of the height of proposad and partially completed boundary fence pillars was discusaad. Staff requested Planning Commission's interpretation of aide atraet and rear lot lines in relation to allowed fence height for this property. The Planning Commission determined that the pillars for all intents and purposes should be considered as a fence, and that where lot lines abut a platted Improved or unimproved road right-of-way, the pillars must not exceed the normal fence height of 3-1/2*. Applicant was advised to either lower the pillars to meet that requirement, or to make a separate application for a fence height variance.) Isv '/ •■t A RBSOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USB PERMIT PER SECTIONS 10.55 SUBDIVISIONS 10 - 12 AND SECTION 10.03, SUBDIVISION 19 PILE #1604 WHEREAS, Clair and Lynn Rood (hereinafter "the applicants") are the owners of the property located at 2215 Kenwood Way within the City of Orono (hereinafter "City") and legally described as follows: Lots 54, 55, 56, 61, 62 and 63, "Wallaces Addition to the Village of Minneton)ca Beach", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10.55 Subdivision 8 to allow excavation of a designated wetland area where no such excavation is noraally allowed, and a conditional use permit per Sections 10.55, Subdivisions 10 - 12 and per Section 10.03, Subdivision 19 for excavation, grading and filling in excess of 100 cubic yards and within a wetland/flood fringe district. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1604. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on November 19, 1990, January 22, 1991, May 20, 1991 and June 17, 1991. After receiving additional materials as requested from the applicant during the review process, the Planning Commission on June 17, 1991 voted 5 in favor 1 against to recommend approval of the requested variance and conditional use permit ror excavation of a half acre pond within a 1.5 Page 1 of 6 i o' h ^ K. P n-::I: ’i?"' • 4. 5. .u* acre desi9nat:ed wetlands with spoils disposal above the flood plain elevation on the site, based on the following findings: a)The area of the wetland has been used as a dumping site over many years. Applicant's stated intent is to remove the accumulated debris and .aul it off the sites. This clean-up is considered a general Improvement to the area of this wetland. The City Engineer has reviewed the project and has advised that all storm water and flood plain management engineering requirements have been met so that there will be no anticipated adverse Impact on Lake Minnetonka. The applicant's intent is to restore this area, after excavation, to a natural habitat character rather than a park-like setting, and the applicant has provided a suitable revegetation plan and planting schedule. The Council finds that the proposed pond excavation project generally will have insignificant Impact to the Lake based on the small size of the wetland and its Influent watershed. The slight Increase in storm water storage is considered a benefit to the area, and removal of debris accumulated in the wetland basin coupled with creation of an open water pond and retention of the natural characteristics of the wetland area, will generally have a positive impact on wildlife habitat. It is the stated intent of the City in approving the requested variances and conditional use permit that the wetland be restored to a natural character rather than revert to a manicured park-like character. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to Page 2 of 6 ■.i)’ ft' % r'-. kC • '^1:' t> ‘i,’ > Kr »i'‘•A:F- P-J;h..- ft-' ► r S: K :<v k t' r>reserve 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. 6.The City Council finds that granting a conditional use permit to allow the proposed excavation, filling and grading within a designated wetland area will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor 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 Comprehensive Plan of the City. CONCLOSIONS, OR AND CONDITIONS Baaed upon one or more of the above findir jS, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and grants a conditional use permit per Sections 10.55, Subdivisions 10 - 12 and Section 10.03, Subdivision 19, to allow land alterations within a designated wetland per the approved plans attached as Exhibit A, subject to the following conditions: 1.Applicant shall conform to all construction and site protection requirements recommended by the City Engineer and as may be required by the Watershed District, the DNR, and the Corps of Engineers. 2.Silt fencing and other required erosion controls shall be maintained in place during the period of excavation and until revegetation is accomplished. 3. 4. Applicant shall adhere to the revegetation plan as proposed. Applicant shall grant a flowage and conservation easesient over the entire wetland area defined by elevation contour 931.5, plus a 15' easement extending the the 0" PVC culvert at Navarre Lane. The legal description for such easement shall be provided by the applicant's surveyor. No land •Iteration permit shall be issued to the applicant until such easesient has been properly executed by the applicant. Page 3 of 6 r fr I ,• I'i-m 5. 6. 7. 8. 9. 10. 11. 12. The applicant shall obtain a land alteration permit ($75.00 per current fee schedule) prior to commencement of the project. Such permit shal 1 not be issued until the appropriate permits of other agencies are submitted to the Construction/excavation must be done in the winter and the outlet culvert must be sealed off during the entire construction time. Applicant shall work with the appropriate agencies (City/Minnegasco) in restoring grades around the culvert and exposed gasline at the south end of the property. Chemicals for the control of algae and aquatic vegetation within the pond shall not be allowed. Areas designated on the plan as remaining undisturbed shall be fenced off prior to grading to prevent their destruction. b. Applicant to execute a Developer's Agreement with the City includingt a. Completion at approved time periods. Posting of security so City can step in and complete work if necessary. Payment of fees for any excessive inspections needed during the construction period, and payment of any excessive engineer review fees accumulated during the review process. C m The applicant shall legally combine the four tax parcels upon which the project will take place. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (July 8, 1992). Page 4 of b |g„-rri fr. h'- l.^' ir. #riM:: •■ ‘4'!•;- '•: , :r V rSv ii- i-;-> i -. rV ; ,3 -V-- L-^r\..-};r ir/.- 1 13.Violjition of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and sha]1 be punishable as a misdemeanor. 14.The undersigned applicant has read, understood and hereby aerees 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. 1991. ATTI8TI Adopted by the Orono City Council on this 8th day of July, Dorothy N. Hallln, City clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OP NIMMESOTA ) )ss. COOHTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this •th day of July, 1991, by Barbara A. Peterson t Dorothy M. Hallln, Mayor 4 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf ol the City. Notary Public Page 5 of 6 teita J ? !|0': £ ^•,‘- «CITY OF OROMO ZONING PILE #1604P. O. Bos 66Crystal Bay, MN 55323 notice op planning commission action 473«7357 Date of Notice: 6/18/91 TOi Clair 6 Lynn Rood COPIES TO: 2215 Kenwood Way Wayzata, MN 55391 TTPB OP APPLICATION: Variance Conditional Use Permit DATE OP NBBTIIIGi 6/17/91 VOTE: 5 For 1 Against Planning Coa«lsslon rercinnsndo the following: Approval subject to conditions noted below ■0TB8 ABD SPECIAL CONDITIONS: Land alteration permit approval recommended for work in the pond area as proposed, subject to conditions noted in staff memo of 6-13-91, subject to conzornity with plans as proposed. Planning Coanaission advised that the boundary pillars shall not exceed >■1/2* in height. Any future request for pillar height above 3-1/2 must be via a separate fence height variance application. Applicant's next scheduled meeting is confirmed as City Council on Monday, July 8, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and •ppjTOval by the Planning Commission. lev iiiteiiidtfiriiifiiiiir-A ...ji h ‘i- Toi Planning ComMission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froas Michael P. Gaffron, Asst Planning & Zoning Administrator Date: Subject: June 13, 1991 11604 Clair and Lynn Rood - 2215 Kenwood Way - Conditional Use Permit/Variance - Third Review Additional Detail List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Revised Topographical Survey Showing Walls Revised Revegetation Plan Showing Pillars Construction Detail, Walls & Pillars City Engineer Letter 5/20/91 Planning Commission Action Notice 5/22/91 Memo i Exhibits of 5/15/91 Discussion This item was tabled at Planning Commission's May meeting in order for applicant to provide additional detail regarding the brick pillars and the proposed retaining walls. The additional information provided indicates (on the Revegetation Plan) the approximate location of pillars along "Hillside Place". The diagram doesn't indicate that pillars are also proposed (and in place) along Navarre Lane a'*^ along the northeast lot line back from Navarre Lane. Applicant has provided an elevation view of his proposed hedge between the Dinars, with th ^ pillars at both the Planning Commission's 1-1/2' recoaimended height and at applicants proposed pillar height of 4'-6". Regarding the retaining walls, two walls each of 100' length und 3'“0* height are proposed at the northwest and southwest quadrants of the lot respectively, apparently for the purpose of reducing the bank slope of spoils to be deposited. The Building Inspection Department has advised that at this height, these walls don't require a building permit, but will be included as part of the land alteration permit if approved. The Building Inspectors also note that no safety railing or barrier is required for these walls because they are not adjacent to the house. It is staff's understanding that the concrete wall blocks •fw • split-face stone design, store aesthetically pleasing than standard foundation blocks. The City Engineer has been asked to review the revised grading plan and retaining wall plan, however, we have no report from him as of this writing. No significant changes from his comotents in the May 20th letter are anticipated. rr:Zoning File #1604 June 13, 1991 Page 2 Staff Re ndatlon If Planning Commission determines that there will be no adverse impac on the natural envirc.iment qualities of this wetland area, a project approval recommendation would be appropriate on .he basis that all storm water and flood plain management engineering requirements have been met so that there is no adverse Impact on the quantity or quality of run-off leaving this site. A further basis for approval would be that the area will be restored and maintained as a natural habitat rather than a "park-like" setting. Do the proposed retaining walls have any effect on the visual perception of 'naturalness of this pond? Certainly the walls decrease the spoils bank slopes, reducing the potential for erosion back into the pond. Any recommendation for approval should be conditioned on the following: 1.Applicant shall conform to all construction -»nd site •rotection requirements recommended by the City ngineer and required by the Watershed District.I 2.gilt fencing shall be maintained in place during the period of excavation and until revegetation is accomplished . 3.Applicant shall adhere to the revegetation plan as proposed . 4.Applicant shall grant a Flowage and Conservation easement over the entire wetland area defined by elevation contour 931.5, plus a 15' easement extending to the 8" PVC culvert at Navarre Lane. The legal description for such easement shall be provided by the applicant's surveyor. The Planning Commission is further requested to either or revise your recommendation regarding the allowable height of boundary pillars. lav I r h- r t ;-.-rVvi M ir W' .1" m k": ■ m Bonestroo Rosene Anderllk & ^ Associates Engineers 4 ArcNtects 'S 9r'*Asr*oc Pi'vO**^ A ‘’f .oveo^ C vv^* « ''4^J f ur'^' *»f B '0C« **t fc Nov^v **€ Ki.'r V C ■ er*- A Dcv-j^j C Sunjan* Va'« * *-a»'vc^ >: ■ P£ M<^.ae• ' Sac»tr^jr»r P6 * P^^¥ne PE r>a%*T O ci; wou ^E 'A/ Peif^^cy Mar erC w/n^n P£ ja^rvi Maijnd PE « Afvi^fvv' PI Vj'e • Pr*: <»F P,r,-* ^ * € *ngul Pf P| fjijeetx' PE *.*A'* * Vn^ PE : 4rwe«i PE V*AiT!ntt Pf \U'» : A’, ■ *'o^av ^ Ai •p^ C Pv-a- • P vy>et \f • *“ ; P ■ C P •e^ D Pp^v ^' Pf Cecaio '>Nne* *E Pdoef ^ D'er'W- pe ja<v Mcy-en PE A^iT'^ p£ «<^<r 8 rjoc Pf f Erifucyi I I4ay 20, 1991 '•’4 r ^ e 1?-. City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. Mike Gaffron Re: File No. 139 - 1604 Clair Rood Dear Mike We have reviewed the grading plan for Clair Rood at 2215 Kenwood Way. The wetland boundary should include a 15 foot easement to Navarre Lane for drainage purposes. The proposed excavation in the wetland area will not impact the overall storage of the drainage basin. There is some minor filling proposed below the 931.5 contour in the southeast comer of the wetland. There is proposed to be an equal amount of excavation below the 931.5 contour in the northwest comer. The remaining excavation from the pond is proposed to be placed above the 931.5 contour. •? V We would recommend approval of the grading plan. Please contact this orticc if you have any questions. Youn very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. i] Oleiin R. Cook GRC:li 119.cor tlM mbit MUhsMiy M • St. PauC Mlnntsota fSHS • 4l2-4)4-4«00 CXTT OP OROMO P. O. Box 66 Crystal Bay, HN 473-7357 ZONING PILE #160455323NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 5/22/91 TOt Clair a Lynn Rood 2215 Kenwood Way Wayzata, MN 55391 COPIES TO: TTPB OP APPLICATION: Variance Conditional Use Permit OATB OP NERTIMGs 5/20/91 VOTE: 7 For 0 Against PlaBBlng Coaailaaion reccxaienda the following: Tabled for reasons noted below. ■0TB8 JUn> 8PBC1AL CONDITIONS i 1. Add fence/pillars to landscape plan drawings, and indicate proposed Intent for how this fence/hedge, etc. will be finished. 2. Provide design plans and specs for any berms or retaining walls proposed, and show them on the landscape plan. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the June 17th meeting is June 7th, or July 5th for the July 15th meeting. If you desire certified copies of the official Planning Commission silnutes, they are available from the City Recorder after review and approval by the Planning Commission. lav k r t- ■Vim h.--r i'- m. h“.. s*< r: ft. T02 Planning Coininission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Froas Dates Michael P. Gaffron# Asst Planning & Zoning Administrator May 15r 199| Subjects #1604 Clair and Lynn Rood - 2215 Kenwood Way - Conditional Use Permit/Variance - Second Review of Revised Request - New Planting Schedule for Restoration List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Revegetation Plan Grading Plan (no changes from previous) Notice of Planning Commission Action 1-24-91 Planning Commission Minutes 11-19-90/1-22/91 Nemo 6 Exhibits of 1-17-91 Standard form Flowage & Conservation Easement (for applicant review) OiSCQBSioa As Planning Commission requested in January^ the applicant has provided a revegetation plan indicating locations, sizes and quantities of various trees and shrubs to be placed on the property* The areas expected to be disturbed are intended to be revegetated with a prairie grass seed mixture, to be seeded and mulched within one week of completion of the grading work, other plant materials to be installed within two weeks of the seeding operation* The applicant's proposed planting schedule suggests that the prairie grass mixture will allow for the natural eharacter which Planning Commission recommended be maintained for this wetland area. Referring to the memo of January 17th, the City Engineer has recommended approval of the application subject to adequate erosion protection measures and adherence to Watershed District requirements. Watershed District approval was tabled pending approval by the City of Orono. It is staff's understanding that the Watershed District will issue a permit subject to City of Orono approval. Ai^licant was requested by Planning Commission in January to provide the details on a shelter island and any walls or berms proposed. The applicant is not proposing any walls, berm, or islands# and has not changed his grading pl%n since your last meeting. Please i pond request. the memo of January 17th for specifics on the I i 5: 1'-6 I Zoning File #1604 May 15, 1991 Page 2 Staff Recoaaiendatioii If Planning Commission determines that there will be no adverse impact on the natural *nvironment qualities of this wetland area, a project approval recommendation would be appropriate on the basis that all storm water and flood plain management engineering requirements have been met so that there ia no adverse impact on the quantity or quality of run-off leaving this site. A further basis for approval would be that the area will be restored and maintained as a natural habitat rather than a •parX-like" setting. Approval should be conditioned on meeting all construction and site protection requirements recommended by the City Engineer and required by the Watershed District, including properly constructed silt fencing and adherence to the proposed revegetation plan. A further condition of approval would be that applicant grant a Flowage and Conservation Easement over the entire wetland area (boundary to be defined by elevation contour^to be determined by City Engineer, legal description to then be provided by applicants surveyor). Isv te;.t ■fVKr ■bmii:I •^TV 'i is: ( •'. '■ ! ■:•, r’. H:.;,): iT^V' & / 1 ?•>:/ . CITY OP ORONO P. O. Box 66 Crystal Bay, MN 473-7357 ZONING PILE #1604 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 01/24/91 TOt Clair Rood 2215 Kenwood Way WayzatAp MN 55391 COPIES TO TTPB OP APPLICATIONS Variance Conditional Use Permit DATB OP !TlH6s 01/22/91 VOTE: 6 For 0 Against Planning CoaBd.ssion re nds the following: Tabled for reasons noted below HOTB8 AND 8PBC1AL CONDITIONS: Planning Commission requested applicant to provide detailed information regarding restoration of the wetland and surrounding area after rading is completed: 1. Provide a planting schedule for restoration i • e • —Time schedule - Plant materials listing and site plan - Detail on shelter Island if proposed - Landscaping plan (walls, berms, etc. if proposed). 2.Planning Commission indicated that their intent for this area is to maintain the natural habitat quality (as opposed to a park like Bianicured look). Staff suggests you contact the Hennepin Soil 6 Water Conservation District (544-8572) who will work with you regarding standards for wildlife ponds. Regarding the issue of the brick pillars. Planning Commission determined that they are to be considered as a fence, and because they are in yards adjacent to dedicated public streets, can be no higher than 3 1/2* per the non-encroachments sections of the Code. No permit is required, but the pillars must be cut back to 3 1/2* high above existing grade. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the February 19, 1991 meeting is Non^ February 11, 1991, or Monday, March 11, 1991 for the March 18, 1991 . wne applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes# they are available from the City Clerk after review and approval by the Planning Commission. lev ORONO PLANNING COMMISSION MEETING JANUARY 22, 1991 #1604 CLAIR ROOD 2215 KENWOOD WAY Mrs. Lorrsrne Mess, s interested in this application. Kelley re-opened the ?jblic Hearina at 8:15 p.m. and asked Geffton to briefly review Mr. Rood's proposal. Ga'fron stated that Mr. Rood had revised nis the November the pond only five feet in depth, T- : Tiiies aS^o-s£^ f-*.h^o-o-changed, but P Rood is still reauesting approva^. -o opposed to °"®. ..rthird of the wetlands into pond area, convert excavate portions of the "• /’d GHfron Ihoved the Planning Conrniission where the ipoiJS ‘would be deposited and mSJ.urV. *°'’He"reJiewad^ thV additional issues involved with this ^ppnl^ion as noted in his January 17, 1991 memo. Cohen asked if the monuments were still an issue. Gaffron replied. "The monuments There is an i'Srough lot, or a of the property. Is this P^ P ^ consider.sd as a fente or n^:nor^y°Vtr..o:Sre? If PUlars a considered to be^a fence ^rt^h^y^Wan';:^;::^ 9 -if th«v *" exist at all m a aj.uc setbecK, it tn-y p.arm'- There are many issues,without a Conditi». ai Use Farm i.nca.c / Rowlette asked whether Mr. Rood had a specific reason, other than aesthetics, for altering the wet-ana. the appearance of the wetland in addition to cheating different characteristics for wildlife. ofRood Stated that he ha, not seen a^ 9«st provided Wildlife in the wetland. H^e enhance the wildlife. I the wildlife.” 1 ki; l’ •i- : . \k-- f: :' f ^ K • r-’-'V r ■■•- r !••, r •._ ;• p-kv I'p- ORONO PLANNING COMMISSION MEETING JANUARY 22. 19911991 ^ c* *is in the \\ZONING FILE #1604-ROOD CONTINUEDHanson stated that whatever existing wildlife wetland may be disturbed, but that other wildlife wou .d be attracted to the area once the alterations have been maae. said, ”In that sense, that issue is sub;iective. In t.v opinion, cleaning up the wetland is the more significant issue and enables me to view this favorably." Mrs. Moss stated that she had walked around the wetland after the November Planning Commission meeting. She We scared up a deer and there are quite a few geese, mallards and other critters there in the spring. All this digging is going to disturb them." She asked Mr. Rood what he intends to ao with tne rushes and stated that is where the ducks and geese hide. Mr. Rood stated that most of the rushes wcu..o re.main ^ust as they are. Mrs. Moss stated that Mr. Rood had already removed quite a bit of the rushes and was concerned about placing the spoils on a grassy area. She preferred to have the wetland left as it is ans- stated that several of her neighbors share her views. Kelley aiked if there were any other comments from the public. There were none, and Kelley closed the Public Hearing at 8:25 p.m. He stated that it is difficult to consider how the ^Xterations will look in the summer. He questioned whether it may aporooriate to table this matter until summer. Rowlettc stated that she did not favor altering the wetland to this degree. She said, "If it is necessary to clean up the area, that is one thing. I do not agree with excavating, billing and changing the nature of the wetland." MOOS Stated that she had no objections to .Mr. Rood's pond proposal. Bellows concurred with .Moos. She said, "I do not see any problem with altering the wetland in tnis manner. K*lXey asked the Planning Commissioners to 9^ve^ their opinions about depositing the spoils on-site. He said, "I no idea how everything will look when the project is completed. Rowlette said, antiseptic looking." am concernad that it will very Bellows suggested, given the dalicate nature of this land, that Mr. Rood submit a landscape plan showing plantings, etc. She said, "That may provide us with a means of assuring the neighbors that the wetland will be left as natural as possible, while accommodating a reasonable request from tne nomeowner. - 8 - infifila Tii"-r I n- h s 'f f i:-. %. ^■r % w. ORONO PLANNING COMMISSION MEETING JANUARY 22, 1991 ZONING FILE #1604-ROOD CONTINUED Bellows asked Mr. Rood to elaborate around the pond. his plans for the area j 1-i "T thouaht I //ould grov; grass around it, Tet r ^ sanctuary/island in the my^yard. On the other side, yard, the hashes ou/. There is an exposed gas there is a steep ban^k t gomethina to divert the water so line there. I would like to p ^ in some rock walls."that erosion will not continue. Perhaps put ,,,, ndiowt; seconded bv Cohen, to table this .ppuJ^roV in^ifna^ural a state 'as tabUn, the pone tssue woul- a separately. It Stated that she pre planning Commission to act on the ::Sun.rnt rsre"%ipar te?;. ^--tio^n. Ayes-6, .ays-0, .otton carried. Kelley asked whether M. application for the monuments, how they view the monuments. Rood should make a separate He asked the Planning Commission fh(» P’anninq Commission that the nonuments''“onst* tuts T fence and should have a maximum hei9ht of 3.5 feet. „r. Rood atated thau a iS;;?:rh".i9ht o^f^\^“ee- to --„‘«u:ehts“co“urd ”di n^or t^-ir^tn^e «as a dedicated right-of-way there." Bellows asked if the plantings between the pillars had to be restricted to a certain height. j _i. a. ♦.i.e. ri^v Code does not address the Mabusth stated that the ^ whe-e siqht distance is aheight for plantings except in cases whe.e sight factor." ,, . . . a.v,«f. if the City Ordinances are followed inBellows stated that if ^ appearance may bethis case, something very hideous -n appea constructed. Rood explained that he had ”rgh?v'.ri« pillars to bo five feet high. "* “J; ' ^ filling around them to ?lght now, but I would dosehieve a uniform five foot neight. The snrubs woui - 9 - eeinxieAwiAit-- .. -•1. ■V. it- I- € ft »•> -. i: i • -■•■ b-':. " ORONO PLANNING COMMISSION MEETING JANUARY 22, 1991 ZONING FILE #1604-ROOD CONTINUED four feet." Bellows suggested that it may be in Mr. Rood's best interest to entirely forego the pillars. Mr. Rood asked whether he could apply for a Variance to have the pillars five feet high. Kelley informed Mr. Rood that he had the right to submit a Variance application if he wished to do so. He said, 'However, Planning Commission has been fairly consistent in raconraending that fences along public roadways be no more than 3.5 feet high." #1605 DR. RICHARD LINDSTROM 1065 NEST FERNDALE ROAD VARIANCES CONTINUATION OF PUBLIC HEARING , Charles Lindstrom, the applicant's brother, and Paul Bedker, the applicant's contractor, were present. Conen stated that due to his professional relationship with Charles Lindstrom, he woul- Abstain from the discussion and voting on this matter. Kelley opened the Public Hearing at 8:45 p m. Gaffron distributed a heights and floor elevations, most part, have revised their 0*75' setback area. The only the existing house. Changes setback area. There must be a line and I am concerned about in relation to the flood plain sketch showing the revis-»d roof He said, "Th-» applicants, for the plan to keep hardcover out of the encroachment in that area is above are still proposed for the 75-250' 30' pool setback from the side lot the elevation of the basement floor Mr. Badker referred the Planning Commission to the sketch that Gaffron had distributed. He said, "You can see that the existing basement is below the flood plain elevation, w#* propose to construct the first level of the garage at the 932.6 •XAvation. The second level of garage would be at 939.11, which Xa approximately two feet above the existing main floor. “The second floor addition would even out across the garage addition and the existing structure. we are proposing to construct a bjj^ick planter, approximately 40' long and 2* high, outside the Slain entrance to accommodate the 2' difference in the garage •lAvation. The driveway will slope up that additional two feet along the planter up to the garage." Bellows asked Mr. Bedker what the slope is coming out of the lower garage. Mr. Bedker replied, "We are proposing a 5t slope. - 10 - zo rkKc i i Tot Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proas Oates Michael P. Gaffron, Asst Planning & Zoning Administrator January 17, 1991 Subject: #1604 Clair Rood, 2215 Kenwood Way - Conditional Une Permit/Variance - Continuation of Public Hearing Soiling District - LR-IC, Single family iakeshore residential, H acre, sewered Application - Revised request for conditional use permit and variance to create a pond within a designated wetxand. liist of Bnhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G City Engineer's Letter 1/16/91 M.C.W.D. Letter 12/26/90 M.C.W.D. Application Review 12/14/90 Revised Grading Plan Hydraulic Calculations by Applicant's Engineer Planning Commission Minutes 11/19/90 Memo 6 Exhibits of 11/15/90 Rarioions/Additional Inforution - Applicant has slightly revised his proposal and provided additional information as required by the Watershed District and the City Engineer: 1. The pond is now proposed at a depth of 5' rather than 12'. 2. The pond side slopes have been flattened to a 4:1 grade, enhancing both the stability and safety of those slopes. 3. The pond surface area dimensions remain the same as before, i.e. approximately 1/2 acre open water within the 1.5 acre designated wetland. 4. The volume of dredge spoils is estimated at 2,774 cubic yards. The dredge spoils are now proposed to remain on site, generally along the south end of the site (see plan). 5. Excavation is proposed at the northwest end of the wetland to provide equivalent storm water storage to that which will be lost by filling at the east side of the pond. A / : ■r- ft ki. I k i-. r- f ••> -b‘- Iv:" r;. rl. Ik 'Zoning Pile #1604 January 16, 1991 Page 2 of 3 Discusaion “ The City Engineer has reviewed the application from a storm water management standpoint and has recommended approval conditioned on adequate silt fencing and compliance with Watershed District requirements. The Minnehaha Creek Watershed District has preliminarily reviewed and tabled the application until preliminary approval frosi Orono (Planning Commission approval) is granted. The applicant's engineer has made the plan revisions requested by the Watershed District and has provided the engineering and hydraulics data necessary to show no adverse storm water/flood plain mans, nent impact. RMMilniDg Issues - As noted In the memo of November 15th» absent any zoning code directive that such pond construction is strictly prohibited under any circumstances, if all hydrologic/engineering concerns are satisfied, then the only other question in the granting of this conditional use permit is rather subjective; will construction of this pond and proposed grading work at its perimeter be compatible with the policies expressed in Section lO.SSr Subdivision 1, i.e. will such work have no adverse effect on the natural environment qualities of this wetland area? While there has been some neig’.iborhood opposition to the proposed changes to the wetland, the applicant has reiterated his ^oals are to create u better wildlife habitat while cleaning up the debris and trash dumped on the property over many years. Finally, please again review Page 4 of the November 15tn memo regarding the issue of the brick pillars constructed around the perimeter of the property. Please direct staff and applicant as to whether the pillars in question are allowed "as-is" as a fence, or whether they should be subject to a building permit or variance application. Staff tlom - If the Planning Commission agrees that the proposed work have no adverse impact on the natural environment qualities of this wetland area, a recommendation for project approval could Ihi Approprint# on th# busts that all stoxrm watar and flood plain management engineering requirements have been mot so that there is no adverse impact on the quantity or quality of run-off leaving the site. Approval would be conditioned on meeting all iStruction and site protection requirements recommended by the City Engineer and retired by the properly constructed silt fencing and timely revegetation o disturbed areas. f 4 c r liiSB iTiii « . . . Zoning Pile 11604 January 17, 1991 Page 3 of 3 )-r 't • W-' V I- Hy\. VL"'' :5= pyM r.-'. i. kr< 'E_'•*•■'r aK 'ti a. 1 r.r te f' it' Wypt\h ^ ’ _*• ■ 1/ i Bones troo Rosene Anderllk & Associates Engineers A Architects Oto G BoT'ev'DO »CrCe»t X ,OVfpri ■ <»? c V j'^»4< **6 «*£ C C VC' G^enn • Con« •'E thof'^^S fc V7,ev »0O^ G Pf V C ^ * * Gorjor \A/ ^E M'-y f ^E Mir^-ae* ^ 9^utrry^r>r> P| Ooc>e'^ ^E OavKj G LovwMa ’•'o'T'ai m Pere'KX ’ Pf M<r*ae-f .y'v*' 0 *.<a a'^0 ^E Ma^» p «o^ ^E ®cc^ C 9.jsve* • * E Ar^s ^f *^t?wva'T3 ^ P£ 7ar^ *"f Ma»ii A ^ PE j ^a'.A^ Pf 'VT*ae Ma'Ttn^/ Pf Ma^'t .> A»a:.»v **£ "►vjmai 9 A'VJP'KX' ^ Ga'', * ff,’a'vle' ^E V <ev I PE L p*».rtie <>av^ •< P£ Pe'^ C. P’^'^a^T A 4 M P '’G ^ C ^ 0 p^'rric*' PE te^ c C v-e' P£ tooen i OK)«mw P£ 3a'» A MoT’e'- P£ C''af»pv A e -’ksvv ^ lPO V Pa^*SiTr M^oar M Oior - Jam :irv 16, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 ;;.N 1 8 1991 Attn: Mike Gaffron Re: Clair Rood OurFUeNo. 139-1604 Dear Mike We have reviewed the hydraulics information submitted on the Clair Rood property. The proposa. calls for constructing a 5 foot deep pond within the wetland area. The material excavated from the pond will be placed south of the pond near Navarre Uine. The storm water calculations indicate that the high water elevation will be below 931.5 wl.:ch is acceptable for the ponding area. The excavation will not reduce the storage capacity in ihe watershixl. We would recommend approval of the application provided adequate silt fence is installed and watershed requirements arc followed. Please contact this offit. if you have any questions. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOC I \TES. INC. Glenn R. Cook GRCdh Enel. W:i Is- iT- ‘••■nteiijyyi&Aii tm Wm Higtiway 3* • $t. fmri. Minnesota WII3 • 4l2-a36-M00 J jOfULst,I MA41MW«IU ioyHUAIIfw IWAT5 l*.0. Bo* 3S7. Wayiata. Minnesota 55391 tm MiaMioa** r^T ty Janes A SpensHy. Pf#s •JofioE rnoinas • RitfarO R Miner Mat 0 tncksan • C Woodfo* uwe • Clakson Lmaiey • lnu>uis Maple Jr ‘■•r iv r December 26, i990Permit Apnlication No. 90«I26 Applicant: Clair Rood 2215 Kenwood Way Wayzaia, MN 55391 Location; City ofOrono, Sec. 17DD . m .4 Piii.p020. Dredging to create an open water pond in a wetland and itll and excavation in a floodplain area. Dear Mr. Rood: Al »hc regularly scheduled December 20. 1990 meeting of the Board of Managers, the subject permit application was tabled pending receipt of: 1 . Review and approval by the City of Orono. This item should be received no later than January 7. 1991 to ensure your permit application anil be on the agenda for the next meeting of the Board of Managers scheduled for January 17, 1991. Should you have any questions regarding this matter, please contact me at 473-4224. Sincerely, JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC Engineers for the District cc: Ror-'d S. Quanbccit, P.E. Bo^rdiile tCItv of (ity of Orono Mark Gronberg bt rr*J * ___m I fe 1 Nt ■ i ’■ ■r : . hM:-'. rmMINNEHAHA CREEK WATERSHED DISTRICT R.O. iM lt7, Wtvttte. lllmiMOto 89391 R. IpMim Km. • John E. ntomat • ncltard R. Mmar • C. VMnar iM • ClHliMn IMtojf • Thonw Mjpto. Jr. Deoeiaber 14,1990 Pgnnit AnpUcation No. 90.126 Applicant: QairRood LocaDoB Purpose: 2213 Kenwood Way Wayzata.MN 53391 City of Orooo, Sec. 17DD Kedfin|| to create an open water pond in a wetland and nil and excavation in a flootmlam area. *• • Bactolpdplaaae And the Hn|ineei*t report and r pennit wsl be reviewed by the Boaid of Manag Md at dw Waysare Chy mil and begin at 7:30 r.* i imendadon for your permit application. The of Managers on December 20.1990. The meetLng will be and begin at 7:30 PM.at Ne Waysata uty V yon have any ooesdons oonceming diis report or lerr^nimendation. please call Ron Quanbeck a*nyoonav 4t3-4224. i i & E-* k December 14,1990Perm^^ Application Nn. 9Q.12<t Applicant: Oair Rood 2215 Kenwood Way Wayiata, MN 35391 Qty of Orono, Sec. 17DD Dredginff to create an open water pond in a wetland and fill and excavation in a floodDlaln Location Purpose: area. Appllcahle Rulea: Rule C - Floodplain / Iteration Rule D • Wetland Alt ration Rule E > Dredging F.«hlhit« R^vipwed! 1. 2. 3. Pennit Applicatkm 90-126 leceiv^ October 8,1990. Gndiiu plu received October 8,1990. Letter from d>e District to the aptdicant dated Oaober 22, 4. 5. 6. District to the api^icant dated Oaober 22,1990 informing him of the Board action on October 18.1990. Revised site plan received December 10,1990. Hydrolocic calnilations received December 10,1990. subwatershed received December 10.1990. Staff Review Sumipanr! The pntject involves dredging to renaove 2,774 cubic yards of material from a wetland to provide i 5 feet dc^ with 4:1 side slopes. The project is located north of the inienecdon of Navane L Qtystal Bay, Lake Mini Mjes. and Hillside Place in the City of Orono. The wetland is oonnected to ka by a culvert with an inven elevation of 927.93. Therefore, this watlind acts u pan of the flood|)lain for Lake Minnetonka. Spoil is to be placed adjacent to the pond at a slope of approodnuudy 3.5:1. HU is to be placed within the wetland along the east edge. Excavatioo is lo be provided along the west edn to compensate for storage capacity loss within thei same'elevaiiooasthefilL TUs project was reviewed and tabled at the regularly scheduled October meeting of the Board of Manafars. The Orono Plaruiiju Commisuon has tabled this project. The next Planning Comimssioo meedag is January ZZ, 1991. District rules specify that the Managers wiU review M^icariona fcrpannus involving land development only afW the mlscant demonstrates that the plan has received preliminary a^novd from the municipality indicating compUance with the municipal plans. 1. Stafafrtorage relationship for the wetland for both existing and proposed conditions bei^adnf at the runout elevation Lake Minnetonka of 928.6 providing no net decrease in stcnnwaiar storage CMMdty at various stues. 2. Revised plaa providmi^ maximum rooU dUposal slopes of 4:1 and revised sUt fence meurdinrtlllminn daiml providing wire mesh reinforcing for the silt fence and posts spaced . i nmaar 4 frat apart 1. Review aid ipproval by the Qty of Orono. ^ a BmrUw Rtatua hv Other Gnvartim«itai Unlta: Qty of Orono la cmently leviewing this prcdecL 8 of 19 Seed 4 Mulch ni 5 Curbed ufe.jS within 2 weeks after cunipletion ut sK • •RACK l»09TS AT UOW ARCAt SCCNMCNTATIOII CONTROL FABRIC backfill FABRIC • A INOUSTRIBL NCTTING TOC OF FABRIC SILT KF.NCE DETAIL ^ * .* • ' . I ." r -• V. i 4^s-r, ..IT 4- f^r ■'■. . trv' .'h •- ' •'•, ’■•-, i, ■■/ i r ■ ?■•:■ , • 1^7 '- - r.ra/KA<r€/=‘aA .e^/sT/A/a uj^tcaa^^s £C^yC- • ; JtyjTfA AR€A /A/c/f^jufAyr^L i/ot. Ac C hm , t/cc.. nf.^ wi? 1. ! - « • Wi> W/-f- — T .0. /r. ^.y /.V 4y ^^><9 J« rr. 3Z,lOO '' S'?, ?oo " >^ CiZ.rr. ^%SSO // "77 Vi: 925* /> // <9^0 ** TC,0So /3J, 030 *' /?r,fSS *' -4 -..•r •4. f • . . 4-/ / ^ -■l•■ • •• • « « > i . . JTAOf - JraAA^e •.. ..4 4^fV!IMrfA irJtL • • tli.L..; taJtlj O AT- <P-i . Ay 2.y ., • • • • /K/CAfAnfAL/r4L i/Al. 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Z '■ ./ " 6 ' F ' Aif4 IT Z7^aAo co.Fr. /2, too y«? ,ioo ^ .SfOO A '' 9 oeo > WfAO ‘ tZoc •' 9oo A V7, <hA - 7% 499 CtAfFr. = Z 'f€S Ct4.rits. ^ jV/*#r >/ dfCMr^MF C04fSfAmt'rA^ XCHPA4A4.4 a rf*A** AAA ft, ff9/ £4i§*4AA>i4sJT '/^AsAAIfP c 9ACfA^€ PStA fA^At^STfAA^ ^ CAF PSS m comorehensive plan of tr.e comoined -aroa.a f:^’ ‘'-r... review anc tha^ covenants be filed on the chain of t.ic yertaininc to - e accessory structures and future subdividing of tnis parcel. Motion, Ayes-'!. Bellows and Cohen. Nays. Motion carried. Cohen believed that t.he application was forced ahead and prererre. to soe a comprehensive plan before making a recoi.vner.caticn. Ba-lows concurred with Cohen and reiter-;tad her comments r--garong tne commercial appearance cf this greennouse struc*ure. #1604 CLAIR ROOD - 2215 KENWOOD WAY CONOITIORAJ OSE PERMIT PUBLIC HEARING 8:30 P.M. TO 8:40 P.M Mr. Rc- d was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron summarized the information contai:'-u ir. :i' .Jovt-mber 15, 1990 memo. Ms. Lorraine Moss. 3.3 35 Crystal Bay Road, e.x?.- .r i about Mr. Rood's proposal destroying the c.haracte.-s .c of the wetland. She stated that the wetland is a wildlife ..oitat and taat she would hate to see anything hay'-en to change i:. Mr. Rood said, "I have lived on the property for two years and have seen little wildlife in the wetland. The culvert that extends across Navarre Lane has been there for some time. When bouaht this property, the house was unfinished. T.he body shop on the corner dumped all of their trash in the pond for many years. X have changed my proposal and no longer intend to dig the pond to e twelve foot depth. Tne Army Corp of Engineers sent tre a letter indicating the ramifications of doing that. My surveyor has ra-4raw.;. the pond and it will now oe five feet dee? with a gradual slope on the sides. 1 want to excavata the jond so there is some water in there. I do not intend destroy any of the wildlife habitat. I started '^leaning out the debris and found that there is a 4" gas line excused near t.he culvert under Navarre Lane." were no further comments from the public regarding this matter and the FubiivC Hearing was continued. It was ‘.oveu oy Conen, seconded by Moos, to table this appnc«^ion until furthor, necessary information is received. Motion, Ayes-6, Naya-0. Motion carried. • leoS DR, VICBARD ;‘'v ^/nHOM - 1C<*5 WES FE tNDALE ROAD VARIANCE# PUBLIC HEARING 3:43 P.M. TO 8:49 P.M. The Affida t of Publication and Certificate of Mailing were duly noted. Mr. Paul Bedker, Dr. Lindst..'om’s Architect, and Mr. C.harles Lindstrom, were present. Conan i.idicatad that it would be necessary fc im to at stair from discussion and voting on t.his latter beca<,^« of his professional relationship to t.he applicant's representative. reviewed the information partaining to Or. ' s application (see Michael Gaffron's meno dated DovcNber IS, 1990). .ML, r CITY OF OROHO ZONING FILE #1604 . . . . . . . . TOi Clair Rood COPIES TO: 2215 Kenwood Way Wayz ta, MN 55391 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TIFB of APPLICATION; Variance „Conditional Use Permit ^ _ _ _ __ A • m •» •• nAs’c7ilR*TniGi 11/19/90 vote : 6 For C Against Flaanlag Coaalaaion reco««ends the following: Tabled for reasons noted below ■Om AMD SPECIAL CONDITIONS: Applicant to provide additional information: 1. Invert elevation and condition of tile outlet at Crystal Bay. 2 Submittal to City of all items requested by Minnehaha Creek witershed Dittrict in their letter of 10-7.2-90 (copy attached). pfenning Commission tabled all discussion of the brick pillars until the application is again scheduled for review. Applicant’s next scheduled meeting is dependent J additioil infora on. Deadline for the Tuesday, January 22, 1991 meeting is Janua* '' 1^ If I >plicant has trouble obtaining additional information, please contact t. Zoning Department (473-7357). If you d««ire cortlfied copies of the official ■inutes, they are available frc- the City Clerk after review and approval by the Planning Commission. Isv B- II fry i; J;'.- •"h ri V'i. f: t If i:'!' TO:Planning Cominission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FroBs Michael P. Gaffron, Asst Planning & Zoning Administrator Datoi November 15, 1990 Subject: #1604 Clair and Lynn Rood - 2215 Kenwood Way - Conditional Use Permit/Variance • Public Hearing Soning District - LR-IC, Single family lakeshore residential, 1/2 acre, sewered Application - Request for conditional use permit and variance to create a pond within a designated wetland Idst of Bzhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Application Plat Map Property Owners List Survey Cross Section Letter of Request Notice of Tabling from Watershed District Staff Letter to Applicant 9/27/90 Wetland A Photo Code Sections re: Pillar Discussion Pertinent Pacts - 1.The applicant is proposing to excavate a pond approximately 1/2 acre in area within this 1.5 acre designated wetland. 2.Applicant has applied to the Minnehaha Creek Watershed ^ ^ District where his application was tabled pending submittal c, > I of additional information. As of this writing, app 1 icant qjT f has not provided that information to the Watershed District. ^ 3.Applicant notes he has discussed the project with the Army Corp of Engj jers, but hat not indicated whether they have issued a permit for the project. This is not a DNR- protected wetland. 4. Applicant notes that approximately 1500 cubic yards of excess fill will be removed. Staff calculates tnar a A tX deep pond 1/2 acre in area would yield approximately 10,000 cubic yards of fill, hence 8500 cubic yards ap irently are ^ unaccounted for in applicant's proposal. 5.The applicant is absolutely correct in the statement that the area has been used as a dumping site over many years. Staff inspection in October revealed debris along the north. iL r j t: L Zoning Pile #1604 November 15» 1990 Page 2 6. 7. 8. east and south ends of the property. Applicant had gone ahead with a bulldozer to remove some of that debris, and when this was brought to staff's attention, applicant was stopped and was advised of the necessary procedures to gain approval for continuing that work. Applicant had taken one or two swipes at the very perimeter of the wetland, however, it appears that very little if any wetland vegetation had been destroyed. This designated wetland receives drainage through a culvert from the south side of Navarre Lane. The outlet of this wetland is via a IS" clay tile that heads northward underneath the railroad tracks, underneath a portion of the house located at 3329 Crystal Bay Road, continues underneath Crystal Bay Road to outlet at the shoreline of Crystal Bay. This tile was likely installed a century ago when the railroad was built. With the invert of this tile approximately 1.5* below normal lake level, there would appear to be a direct connection of this wetland with Lake Minnetonka. While the Orono Comprehensive Plan mentions wildlife habitat as a wetland benefit, the Zoning Code basis for review and approval of wetland alterations, is primarily controlling the quantity, rate, and quality of run-off entering the lake. The City Engineer has reviewed the applicant's proposal and has walked the site, and has requested the same information as was requested by Watershed District, in order to determine whether the proposal meets the required flood plain management engineering characteristics. As noted above, approximately 1/3 of the wetland will be opened up to create a 12* deep pond. This may have a number of ramifications, both from a wildlife standpoint and from a flood plain management standpoint; a.Providing an area of open water surrounded by a cattail marsh will likely increase the diversity of wildlife attracted the site. b.Aeration of the poi.-^ as proposed will tend to reduce the algae growth, as noted by the applicant. c.Depending on fluctuations of the water table, excavation of the pond could tend to dry up the fringes of the wetland during low water years, hence changes in the nature of wetland vegetation might occur. i > i7- r, r' V. r Ir-';.r ’,(■ ■ r \-1?':b '<■ i7'. Zoning Pile #1604 November 15, 1990 Page 9.The City Engineer stated he would not recommend that the City approve a pond excavation with 2:1 side slopes. While this slope would leave a greater proportion of the pond at full 12* depth, from a safety standpoint, it would be nearly impossible for a child or adult to walk up the bank and out of the pond should they fall in. Most of the City's W * 10. 11. lakeshore is at a 6:1 or flatter slope near the shoreline. Staff would agree with the Watershed District requirement that the slopes be no steeper than 4:1. In addition to providing the information requested by the Watershed District, applicant should be required to have his surveyor locate the 15" clay tile outlet at the lake and verify the invert elevation. Because this only pond outlet is underneath a neighboring property owner's residence (probably without benefit of a drainage easement), the engineering data will be critical in determining whether construction of this pond and the general clean-up of this area will have an adverse effect in increasing flows through the neighbor's property. Applicant has constructed a number of concrete/brick pillars along the perimeter of the property, with the intent that bushes would t>e planted between them to act as a fence-like barrier. Note from the staff letter of 9/27/90 that these pillars were constructed without a permit, and staff intended to advise applicant regarding interpretation of the Code regarding this issue. Planning Commission is requested as part of the current application, to review the Code Sections regarding fences and interpret whether or not these pillars meet the fence requirements. Staff Ra<tndatlon Staff would recommend tabling the request pending submittal to the City all of the information requested Ly the Watershed District, and additionally, information regarding the elevation and nature of the clay tile outlet at the shoreline of Cr/stal Bay. Absent any Zoning Code directive that such pond construction is strictly prohibited under any circumstances, if all hyrologic/engineering concerns are satisified, then the only other question in the granting of this conditional use permit is rather subjective: will construction of this pond and the proposed grading work at it's perimeter be compatible with the policies expressed in Section 10.55, Subdivision 1 i.e. will such work have an adverse effect on the natural environment qualities of this wetland area? Zoning File #1604 November 15, Page 4 The final issue for the Planning Commission to review is with regard to the pillars constructed approximately every 20-30’ on the perimeter of the property. This interpretation is requested by staff, since the Code is somewhat unclear on this; 1.The pillars in que.,tions are approximately 18"-24' side, and range from 3'“6' in height above grade, these pillars considered as a fence, or are considered as accessory structures? Zoning Code not define a fence. Pillars are intended to bushes between them, with the intent of providing a barrier at the property line. on a Are they does have 2.Is the side yard adjacent to the street considered a side yard for fence purposes? If so, a 6' fence would be allowed along Navarre Lane. On the other hand, if for fence purposes the Navarre Lane side yard is considered as a second front yard, the maximum fence height allowed would be 3 1/2*. 3.Because the Code does not address nonencroachments for a side yard adjacent to a street, and because only the principal structure setbacks are defined for a side yard adjacent to a street, the Code gives no direction as to whether accessory buildings would be allowed within the required side yard adjacent to a street. In the past, staff has taken a conservative approach and generally allowed no accessory structures within the required side yard adjacent to a street. 4.Does the fact that the wetland parcel is not legally combined with homestead parcel, have any bearing on your view of this property? 5.If this property is considered a"through lot, then do you agree that a 6' high fence would have to be at least 30* from the rear lot line? Attached in Exhibit J are excerpts from the Code which may help in your interpretation of the above questions. Please direct staff and applicant as to whether the pillars in question are allowed as is as a fence, or whether they should be subject to a building permit or variance application. Isv i [ l: P- ‘/i ,^i ••;■ ■|::v l:;? • •/!rt ,*<' 'i' c'! CITY OP ORONO - GENERAL LAND USB APPLICATION ' rrv u J. r ' VI -•riJLjf"' c *' i/iT u I u*r f AC4. X W' W'te V V VW PROPERTY LOCATION Site Address A/ai A j^/l f ^__________ cm >vv. Property Identification Number (P.I.D.) ‘/V nr? <ry - S~ /fl/ ,*> 1 *nvV i UCIV c w 200.00 ^ i V *'V, f o/» f ^ 7;/^ ~ •^Vw U w' k' X *' V ^ I X w.’ • A i V Please attach legal description to application if not included on required survey. APPLICANT Name C^LAifL ^ / Address Phone (home) ^ S^'i3_ _ _ _Phone (work) f *C _ _ _ City ^vV2>*-tr/V Zip__^IOiX ONNER (if different than applicant) Name _ _ _ _ jt_ _ _ _ _ _ _ Address Phone (home) Phone _ _ _ _ City _ _ _ Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land - CONDITIOMAL DSB PERMITS - Renewal Pee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee i $ 50,00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Instit’jtional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration O ) f=H Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, peawall, retaining walls within 75* of laJceshore PRD/PID - see fee schedule C APPLICATIONS _ _ _ $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Basement Vacation Easement Vacation with Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule PRESENT OSB OP PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: REQUIRED SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finrnce A-603 Government Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan> if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11* X 17* OR SMALLER) POR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remesUser that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all nformation required or requested by the Zoning Administrator, agrees to pav additional fees (staff time not covered by original fee payment) and/or ui.usual expenses incurred in review of this application, and certifies that the information supplied is true and correct to thOv best of his/her )c/towledge. Applicant's signature Date nWNlRO 8I( The owner hereby acknowledges and agrees to this application and further authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and ver^^cation of ^his revest. 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 SMetings of the Planning Commission and Council. If ar .;plicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and advise the Building t Zoning Office of this change prior to the meeting. • ’* •C ■ -t- , r? L.(Ml 17-//7-Z^' X - ‘ ^i^*,Por, ••1^■ C S( 'V 5 ( il ( !4L / /»5) '-r- /^/y' / 'A .• HSft t • ifAlHItfCMPlT 4^. 43. r. •iu^a' Vlll 6^. n i /y lUm ^0 T»€ MPItf^OMiA 9E4CH. M *6) ^ ' < V t Or^rSTH B*v 10 Hit ^ro i9») )V J'X'‘.. yK3'; 2A\i5'- (i4t %4 3 'i\( N i*N / 1* .0 1 O) * f (a;.57) (W> (44) / y / i4W- ,s-> /,/ -X- 7*9 83)Z?*{1031,/ .X \ 55' ■,^0LD LA7A7S' J » 'TT -g 9 (12) 'X a / /-> V'33) » n/ \ {4m //(39^/' H* 'f/4 /»'r, JW) ««)/n >T 5?7. (90) i7''0, (22)7 r‘ / ■IJo J1V (33)A-i (9M ca) 1 ."if;i.’i'i r^ftC' C »OI«'•• -'y — • *, f: A- X t -• ^r-'i' I .,*1— »•*. 4 ^ -r ..• aUN Mil . MItN fOl ■; ■ M' 17<U7-tS n OQOt, OtlM RCIM»0 NAV ■ . CAM. S JOMNSON ; . - 'MMM C RAMNUR ««ll MLUS m ms m V iMso r 5 7.5^^ - -•( h.*i M 17*117-tS 41 MM MOM A00M8S IMASSXONED ; TMMVn vllifo*'* >v" ■?**“ ki 'vn , -'U RAUL R NOLMiM RAUL A NOLMMM 17M1 tni AVI N I H. MS70 I i TANMVn r I / t, f *. ■ 17-U7otl A1 OOlS •MW CmiAL MY m .;MAM C ZAMUAi . ; ‘ . C IWAWA ' • ;; uH titr avi n c MCNmil NN MfM ' ' ■ mI'4-1 vl-r'ir V' e H i/ Ut-n At M17 .' mu oimAL MV m • <I.A IWMAU A J • nUMAU hJ k numm • j • uumau nU CRYSTAL MV RO . ji. MAvzATA m, /- mn « II 17-U7-IS 41 MM mu CRYSTAL MY RS .1»^A r ? .i NIItlE7Xfl COUNTY ^HOMIITY INrORHATION SYSTEM 7MMRTY CMCRS LIST M 17-ll>-23 0005 02150 KENNOOO NAV H L I J H PAASCN JAYNE N 7AASCN 2150 KErMXNl NAY NAYZATA NN 55591 M 17-117-25 A1 0006 00056 ADDRESS UNASSIGNED PAUL R H0LMBER6 PAUL R HOUeERG 17961 9TM AVE N E P0ULS60 NA 9f > 56 17-117-25 41 0015 05265 CRYSTAL 6Af RD TNOHAS E HC HUE ETAL THOHAS E HCCUE 526S CRYSTAL BAY RO HAYZATA HN 55591 M 17-117-25 41 0016 05525 CRYSTAL BAY RO RICHARD J SIAKEL RICHARD J SIAKEL 5525 CRYSTAL BAY RO NIYZATA MN 55591 B C«mAi MV M H " Uf i- ‘i. ^ . ;TMnrt«M IM; wivi . *- * i > M 17>il7*li 41 «0» m4« CRYSTAL MY U liRRRCRRt - - - - - - - - MM7f:.IRIN RRAIRXI HN r'li* :'f-' * r Tr‘ !tJ rS ^ ‘ ■V. f. M i7-n7-» 41 0021 0SSS4 CRYSTAL OAV RO RATRICK 0 O'FLANAGAN RATRICK 0 O'FLANAGAN 1SS4 CRYSTAL »AY RO NAYZATA 141 S5341 SO 17-117-F* . V. OSSSB Cr.SlAt. M. -tJHN i F'JST JOHN RUST ' SS5S CRYSTAL MY ROAD 1 HAYZATA TOI B5S41 REPORT NO. PI455401 PAGE 1 S8 17-117-2S 41 0004 02140 KEfOOOO HAY S P OirtllCK A 0. OITMCK STAR A TRIBLME EHP CREDIT UN 425 PORTLAND AVE HPLS TM 554M 58 17-U7-2S 41 0007 000S8 ADDRESS UNASSIGNED PAUL R HOUBERG PAUL R rIOLTCERG 17881 9TM AVE N E POULSBO HA 98370 58 17-117-23 41 0014 05509 CRYSTAL BAY RO PAP GUSTAFSON ROBERT HEGERHAN 5509 CRYSTAL BAY RO HAYZATA m S5S91 5B 17-117-23 41 0019 05329 CRYSTAL BAY RD TERRYL A PEDERSEN DIXIE LEE HEEKS 3329 CRYSTAL BAY RD HAYZATA MN 55591 5o 17-117-25 41 0022 03546 CRYSTAL BAY RO ALINE K OGLANO ALINE R OGLANO 5545 CRYSTAL BAY RO HAYZATA rt4 55591 38 17-117-23 41 0025 0SSS9 CRYSTAL BAY RO OtEGORY H LONG A HIFE GREGORY H LONG 3559 CRYSTAL BAY RO HAYZATA W 55391 zo I 0 MM MTI 10/t4/M•>py - i\TP»■I •4 I- I- i: 4 <■HCIMiPIN ' / t VoNCt HIM fTAMMVtt'i mm/um ■’. U b-’.^ i i '}i''• ; m'’ 17-117-tS 41 0027 omo NAVAMIf LA " CURINCt O 8CWUPP ETAL vIlMRr 81MIEL • V ■■ I i's ’ ’ ii i , mo NAVAIME LANi MSOl^ MAVZATA m ' '!■ li r • 'k s. t •’ . f *. 17-117>» 41 OOM^ AMMISS UNASf lONIO t TAMMint j mm/Mm ' ■ ft ' hs-{ . ! l:" __________________ DONNA KAOANUK ''V'.;! s ‘ OOSl DALLAS DO ! DAOORLVN CfHTED Ml ,. SS4S0 , ‘4 • ^ * K It ^ •> ' r-i tl’ V j,. • ^ t ,an ’ -1 .’•'I' •A44 17-ll7*ts 44 DOU' ;f DUOS CUVSTAL DAY DO J D LOPDANO fTAL TAMMYll' r'J^D LO PDANO ISAS CtVSTAL DAV AO' >''' sssn .y, 'I I .‘1- 4' •n r 4 M 17>117-<S 44 Dost ! ' iJNASSlONiD AND,DMCDYL! SLOCK :t 'nOINi AND DNPKVLL.DLOCK . ,--------------^tSDO DAVOkDI PLACl . I OttM OAVVIEN PL .• , :| MMi £jtnuiLYWi j zontilli rr al ] If j4 '-/Mio‘fltoo# •AwiWPiAet in -M*' ID 17-117-CS 44 0040 j ‘ ir( * ^ ii M t7>ll7«fl Ji4 0044 CiO PALMN D 0 <J PALMD iCHKS A OAWAOl OALNM itn$ tman m fiiicwn ;r>; 1 COUNTY mOKHTY INTOmATION SYSTEM MOPiUTY dMUS LIST 56 17-117-25 41 0028 02160 KE»MX)0 HAY CAM HEimCK CONOAD J A MAmiEEN I MELNICK 2160 KEmOOD HAY MAYZATA MN 5S591 56 17-117-25 41 0051 00056 ADDRESS UNASSIGNEO DONNA E KUBANUK DONNA E KUDANUK 4451 DALuAS ROAD BROOKLYN CENTER MN 55450 56 17-117-25 44 0017 05544 CRYSTAL BAY RO J D DAHLHAN A M A DAHLMAN JON N PAPAS 5544 CRYSTAL BAY RD MAYZATA MN 55541 56 17-117-25 44 0055 02505 BAYVIEH PI R M STELLINQ ETtL GENE H BLOCK IM05 BAYVIEH PLACE HAY7^*T| hN 55591 56 1/ 25 44 0041 022B0 BAYVIEH PL CATNY JO TURNER CATNY JO TURNER 5014 ENCHANTED RD MOUND rt4 55544 56 17-117-23 44 0045 00056 ADDRESS UNASSIGNED C H PALMER A B J PALMER CHRIS A BARBARA PALMER 2710 CASCO PT RD ORONO MN 55541 REPORT N0« PX455401 PAGE 2 58 17-117-25 41 0024 02170 KENNOOO HAY DONNA E KABANUK DONNA E KABANUK 6951 DALLAS RO BROOKLYN CENTER ft4 55450 56 17-117-25 41 0055 EDM STEARNS DONNA HtiNTSBERGER 5126 OLD COUNTRY RD 15 NAYZATA m 55591 56 17-117-25 44 0016 05575 CRYSTAL BAY RD JAY B REISER ETAL JAY B REISER 5575 CRYSTAL BAY RO NAYZATA t94 55591 58 17-117-25 44 0059 02240 BAYVIEH PL JACQUELYNN J ZOKTELLI ET Al JACCI SEGNER 2240 BAYVIEH PLACE NAYZATA MN 55591 56 17-117-25 44 0042 02240 6AYVIEN PL 0 S NILIIAMSON ETAL 0 S NILIIAMSON 2240 BAYVIEH PL MAYZATA HN 55591 56 17-117-25 44 0044 00056 ADDRESS UNASSIGNED r H PALMER A B J PALMER CHRIS A BARBARA PALMER 2710 CASCO PT RD ORONO MN 55591 o rH i I:*MN MTt 10/^*/‘>o •aWooi NfMOZN “ K -i TAWAVIR HMMi/ADOII ! ^ M l7-lX7-tS 4% 0047 :> oooso.‘ K^omss ttussioNEO ' LC(N OAUCR 0 0 J OAUCR i;J : *CMaS 1 OAABARA PALMER '' ' m f iK.'S «.;■ fHM V W' S !e mo CASCO PT ‘[.ORONO Mlii; B5S91 ‘*3“^ ; h' M >f H ' \ 17-117>tS 44 0051 I,?; 4:\"- ■ ■’/; »‘; l 1 I If' oooso ,VC,T;|-0MCR:NAIC --------------- TAXPAYER.. * ;• CUZR T A; LVNN 0 AOORESS UNASSIONED <A L D ROOD ,NAHE/A0RR -VEtlB KE Ai»^A!PIIOUDFZT ^ TAXPAYER 7»: ROMRT '^^jOTCNzi'^. t-i'! ; (NAXi/ABOR if; 1001 REACH iU : i ‘ i-lint ' n if ii-NAYZATA (M.': nsn ’ft-; 1/'t' “i* ■ ' :; •44 Rook:. ' V.^RREIR i'^! LAFAYETTE. RIORE CT! ::^,CNEVENNEIIAN0 00- ^ t,ir TAXPAYER ^I^OSMUR NfA JANE 0 OUROESS' «IMME/AOM<i^Sm LAPAVETTE RZOOE CT h. '3' • i J- ________:MMRItM. rUPAVETTE^RlBOE CT,’:. j-]* ^*”^*R**.^ii**^^**RPiff'.I*:!'- 'i T' ?fi ♦TAimVERk'MgEPART A A HZLRA'II ROLORERB BMR'IAFUFAVETTE RIBBE COURT? HA vzaYa' m.i^. RRinvHih. M,I J.' ?r- 1, P __ _ _ _ ___ www^r^aABBREBB tJMABSIBMEO ■; Bit«i;iiME'|V.lAPAVRTn RZBBR'HOHEOIOSRStk *r\ TAlPAm.. UPAYEm RUNE' M l>:if| I NANi/ABBi CITRO N PMH ROAO ^ jifellfc; I / » ‘ ^ ...-isifi •4M' • 1BSBA;(’ I* i' ^ 1c!l1; , i i I » COUNTY PROPERTY INFOPHATION SYSTEM PROPERTY (MIERS LIST SB 17-117-ES ^ 004B OOOSS ADDRESS UNASSIONED JACOUELYNN J ZONTELLZ JACCX SEGNER 2260 BAYVIEH PLACE NAYZ4IA m 55391 5B 17-117-23 64 0056 0003B ADDRESS UNASSIGNEO C T ROOD A L D ROOD CLAIR T A LYNN D ROOD 2215 KE^MXX) HAY HAY2ATA m 55391 SB 17-117-25 44 0002 02200 BAYVIEN PL DALE MATSON ETAL DALE MATSON ETAL 2200 BAYVIEN PLACE HAYZATA m 55391 3B 17-117-23 44 00B9 03225 LAFAYETTE RIDGE CT JAB URSON JCWI4 T A BETTE J I ARSON 3225 LAFAYETTE RIDGE CT NAYZATA MN 55391 SB 17-117-23 44 0092 03245 LAFAYETTE RIDGE CT CHEYEM« LAND CO DAVID F A SUSAN J BRIGGS 3245 LAFAYETTE RIDGE CT HAYZATA m 55391 SB 17-117-23 44 0095 OOOSB ADDRESS UNASSIGNEO LAFAYETTE RIDGE NOMEOWERS LAFAYETTE RIDGE NGNECMIERS 1709 N FARM ROAO LONG LAKE m 55356 MM'Mp i^i l-t. \:• REPORT MO. P14SS401 PAGE S 58 17-117-23 44 0054 00038 AOCRESS UHASSIGNED C T ROOD 8 L 0 ROOD CLAIR T A LYMI. D ROOD 2715 KENMOOD HAY HAYZATA m S5391 38 17-117-23 44 0057 02215 KE»*UOO HAY C T ROOD A L D .>000 CLAIR ROOD 2215 KENHOOO HAY HAYZATA 55391 S3 17-117-23 44 0083 02230 BAYVIEN PL J L SCHNECK A P H SCHNECK J L A P H SCHNECK 2230 BAYVIEH PL S HAYZATA 55391 38 17-117-23 44 0090 03285 LAFAYETTE RIOGC CY SALLY J HCCABE SALLY J HCCABE 3285 LAFAYETTE RIDGE CT HAYZATA Ftl 55391 36 17-117-23 44 0093 OOOSo ADDRESS UNASSIGNEO LAFAYETTE RIDGE HOHEaFPCRS LAFAYEniE RIDGE HOMEOAMERS 1709 ri FARH ROAO LONG LAKL MN 55354 38 17-U7-23 44 0094 02300 BAYVIEN PL JACQUELYIP4 J ZONTELLl ET AL DANIEL SEGNER 2240 BfYVIEH PUCE HAYZATA Ft4 55391 WBOSSu' NmCPXN •SSOOIf. vIMVMMI U-h ls'. 'rv aMCl;IMMi:!|^MC«UILVIM,'J ■ .j-t, TANPAVIR .• ^t|«MC«UlLVIM'<J 8WNMIV;."ji-j 'if.* NMC/AMR .fttM MYyiEN RU ■ - : vit • '•' I * 3 I J jyj ; j’il TA)9Am.~«; uV-’l' if'- . furfgmw.^-. i4r:vr-. • i'lll JSliiiKiI U-m-IB «'9093^ !•■if.fl. [X inut itArAvrnt Rxooi ni If* ' u..i rNAVZATA ikm It: ’ 1 # ^llWlUrAYiTTi .1 ^'l^tsuv tupmfrc'ixofic «i^ i< ' 7'j.l -r .1 • ,• t«U-U7-U M'OOOA'- .f . ' ■• 'I ^JU9 UAAVITtt Rm RO 'ftrt.--------.......--------.l<. : rf i ' ■ T- f Mil ' iMf COUNTY PROPCRTY INFOWUTION SYSTEM PAOPCRTY (MCRS LISTS8 17-117-2S 0105 022A0 BAYVIEH PL JACRUELYNN J ZONTELLI ET AL JACCl SEGNER 22A0 MYVIEH PL HAYZATA m 55591 82 U-117-25 55 00(K 05157 LAFAYETTE RIOCE RO R A ■ H L FAULKNER ROBERT A FAULKNER 5157 LAFAYETTE RI06E RO HIMCTOMCA BEACH m 55351 82 15-117-25 55 0007 05155 LAFAYETTE RIDGE RO RAG SCNMEZN RICK L A NANCY G SCHHEIN 5155 LAFAYETTE RIDGE RO HAYZATA m 55591 •;'MI tfc‘J'-'n f Y?' *-3r-F^1 s^i'AvilL * fi ^ V *' (■'''iK OM tttMt. .. jS ' REPORT NO. PI955401 PAGE 582 15-117-25 52 0025 03128 OLD COUNTY RO EON STEARNS DOFMA HUNTSBERGER 3128 OLD COUNTY RD 15 HAYZATA MN 55391 82 16-117-25 55 0005 05163 LAFAYETTE RIOGE RO SAD SIMPSON STEVEN R A DIANE E SIMPSON 3155 LAFAYETTE RIDGE RD MIIRIETOFACA BEACH »M 55551 82 15-117-25 55 0019 00082 ADDRESS UNASSIGNED LAFAYETTE RIDGE HOMEOFMERS LAFAYETTE RIOGE HOMEOFWERS PO BOX 51 MTKA BEACH 1*1 55351 fi- yi&i]MmM. ’at’ Jliifcltlilili m§4 'i Vj 2'W? 'L I OERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMCPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NY KNOHLEOGE AND BELIEF. DATE : - ’v f i *i! -•f , h > . ■* 1: ! I f * t i. . j h" :P r- fc.1::.: I ••i L..| : ... t I-f...t & k§* I • • I • *? --T' ■1 ’ 5 -5 V •• f i i C c A j/^ ROCO : • • » : • ; ■ ;. . . . . . . . . . . . . . . . .:»♦ • i... ,:••• ; • ' . . . : ■. . . • • ; •' • •• • S€C T/Ot^ A ~A \ t • • . 0^ •• • 2*. I I rteK Si^€f:CH -^DeCi S-A.-c ^ ••.*1 ..•.*.•••. «*..t , ^ * *1 •*. r .... ! ’ * ' .t J !»•#•••• •• •••••> : ....... • • • • ' » !............ j....... 1604 ., 1 _ _ _ _ _ •;SCALf : • * i’ i' ...- - ..—• - CA0»/S0A€, /A AAkf, />itA^fAr, r •u ■ r Is- ;- i'.. A\^ 4:; r? lir." • fc- t--- . IB f.’-.PI'fh rfeI'fc. «-v tp f fe': L>. 1‘t I- rI • . » ^• « CLAIR T. ROOD / 2215 mJWOC. WAY ' V.AV'.:ATA, M.N 55 391-9~0 October 9, 1990 # ■<4 City of Orono R. 0. Box 66 Crystal Bay, MN 55323 7T Jw A 4 Attention: Building and Zoning Adrunistrator Please accept the attached survey and cioss-sectioii showing the finished topography of the pond we propose to dig. The reasons why I am requesting a conditional use permit for this new oond are as follows; 1.The existing area has been used as a dumping site over the past many years and is in need of a clean-up. 2.With clean water and an aerator in a new pond, fish and wildlife could thrive and grow. 3.Through research nty understanding is a pond with an aerator keeps the water circulating which in turn makes it difficult for mosquitos to breed and hatch. Also algae will not grow when the water is circulating which means if there is heavy rain, the run off which would drain into Lake Minnetonka would not contain algae, etc. The Army Corps, of Engineers suggest we erect an errosion barrier to stock pile excess dirt behind. We will haul away the excess dirt as well as the debris which may be buried in this wetland. We estimate hauling away approximately 1,500 cubic yards of excess dirt. Thank you for your consideration Sincerely, r- Clair T. Rood 41 ^ .1- O' ft w A ft ^ ^ ••« ‘ I <1If-^ A’v ; ift ^ « ft « - P.O. Box 387, Wayzata. Minnesota 55391 miOfMAliftOTl IrifTmP Spensleyi Pres • AILeni lerifnan • jofmE Thunu;> HEtodR. MOer • Roden 0 Erckson • C VVoodrovif love • L^nCfcy t- October 22. 1990Permit Application No. 90-126 Applicant: Clair Rood 2215 Kenwood Way Wayzaiu. MN 55391 City of Orono, Sec. 17DD Dredging to create an open water pond in a wetland and fill and excavation in a floodplain area. Location Purpose; Dear Mr. Rood: At the regularly scheduled October 18. 1990 meeting of the Board of Managers, the subject permit application was tabled pending receipt of. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Calculations showing no net decrease in Lake Minnetonka flood storage capacity. Hydrologic calculations by a professional engineer or qualified hydrologist of the local 100-year firequency flood elevation. Calculations providing no net decrease in flood storage capacity below the projected local 100-year frequency flood elevation. Erosion control plan prepared by a qualified individual showing proposed methods of retaining waierbourne sediments on site during the period of work and until bare soil surfaces have been covered or revegetated. Delineation and area of the total watershed tirea contributing stormwater runoff to the wetland . Area of the existing wetland and classification of the vegetation types present in the basin. Revised plan including proposed elevation contours for the area of excavation. Revised plan providing maximum slopes of 4.1. Descrq>tion or and volume computation of material to be removed. Description of equipment which may be used. Construction schedule. Location of the spoil containment area. Erosion control plan for the spoil containment area. Review and approval by the City of Orono. Review and approval by the DNR. These items should be received no later than November 5, 1990 to ensure your permit application will be on the agenda for the next meeting of the Board of Managers scheduled for November 15, 1990. <■■; 'tm..'Jl • •• iff Permit Application No. 90 126 Page Two October 22,1990 Should you have any questions regarding this matter, please contact me at 473-4224 Sincerely. JAMES M. MONTGOMERY, CONSULTING ENGINEERS. INC Engineen for the District cc; Ronald S. Quanbeck. P.E. Board-file ^City of Orono DNR // - t a C! r Y aRONCr CITY of ORONO Po*t Office Bo« 66»Cry9tai B«y. Minoeaota S5323 • Monicipai Office* On the North Shore of Lake Minnetonka Soptenber 27, 1990 Clair Rood 2215 Kanwood Way Wayzatar Mn 55391 RE: Proposed Cleanui;/Tree Removai/Grading Dear Mr. Rood : The general cleanup work which you have commenced i" arL; of vour property can for the most part be handled via a JtJff-isaued land alteration permit. Cur site inspections on Saoteuber 17th and September 24th verified that your property inSeed has been used as a neighborhood dumping ground for decades. The concrete debris, railroad ties, cans, bott.es, and old all constitute debris that is not considered clean ?itl «rby today's standard., would not be allowed to be dumped anywhere except a sanitary ian'ifill. While we wish to allow you to proceed with the cleanup, the fact thit ^^he area, of concern are very near a city-designated reaulres that we proceed with caution. Before we can issue a^land^alteration permit for you to continue, you must have the boundaries of the wetland defined and staked by a surveyor. Orono's wetland protection ordinances do not oradinq, dredging, excavation, hardcover or structures, within wetlands or within 26' of the boundary of wetlands (Municipal Code Section 10.55, Subdivision 8). He believe that the ordinary high water mark elevation wAtland# which appears to be an enclosed basin, is control1 y a culvert that extends northward This culvert may be blocked by debris near its inlet, which may be on your property but which also may be on railroad right-of wiv! Srha?; JeceAtly determined that this culvert runs uj^ the house at 3329 Crystal Bay Road and outlets at the lakeshore. i.i,—w debris appears to be on railroad right-of-way or on Sther properties which County records indicate ownership. While we wholeheartedly support your efforts t . w thb propsrty, we cannot grant you permission to clean up other Seople's property without their approval. I wo^l*^ thatpinwetlands boundary survey by Gronberg in 1988 suggests that i «5.r tt StSy o“ of th. wetland* area during debris removal on amumCSZOraNC >473-7357 ASRSHNC AOMlNISnwnON a flNAWCE - 473.73M FAX-4734SI0 Pt/BUC WORKS - 4TJ-73CT I % It Clair Rood September 27, Page 2 1990 the north end, you will have to either cross other travel through the wecland, neither of which options . properties or are suitable An additional issue which needs to be addressed is the height of the Building Inspections Department. A review of the pe t TOde sections suggests that along street lot lines, include Kenwood Way, Navarre Lane, and technically would al include Hillside Place (an undeveloped road which may become a road in the future), fences are not allowed to exceed 3 / height. Since you proposed that you would be planting hedges between th»e po.t«“ there is some question whether they tall the definition of a fence. Also, the code is not clear on whether such posts can exceed 3 1/2* in height in a side street yard (along Navarre Lane) or a rear street yard (along Hillside Placed. We are still researching this, however, aware that there may be an issue about the height Dinars, and if it is determined that the maximum allowable height is in fact 3 1/2', your options would be to cut them off at the appropriate height, or to apply for an after-the fact Variance. We will advise as to a final interpretation on this issue. In order to expedite approval for your intended clev.up wor)c, you should do the following: 1 Have vour survevor determine the inverts of the inlet and outlet of the culvert that crosses the railroad tjrac s. He should then determine whether that culvert affects his previous determination of the wetland boundary. 2. Your surveyor should stake the approximately every 50*, and should likewise stake the wetland setback where no filling, grading, dredging or excavation is allowed. Once a land alteration permit is issued, the following guidelines must be adhered to: Clair Rood September 27, 1990 Page 3 vegetation. 2. in araas denoted 11 on the attached drawina, at the ;:ilro."‘^ri;ht-%^^«‘;7«^'r;h"*'tVo,er"re%^^not}^^^^ ■> In Area #2, where you have proposed to fill an area oS'Tuch'filling wil'l be “l?owed " sub ject%o''the° use'of Ilean filfoniy, with such fill not to e.aceed an anount of 100 cubic yards. 4.' in Area »3, the concrete debris may be restored to match the surrounding grades. The pud Works Department has been advised of the ^^rdint" thosi l!n« exposures, and will be contacting you regarding those structures. Tc auaaaarixe, once <=he boundary of wet land, ^and t^he_ 26- Hav6 b66n 0St3bXish0df ths Cit/ w -i i alteration permit for filling in Area #2^ AreaV*^# 1 ^and^% 3 ^and property owners to work within their property boundaries. Please contact me at 473-7357 if you have any questions Sincerely, Michael i . Gaffr^ Assistant Planning & Zoning Administrator ce: /jeanne Mabusth, Building 6 Zoning Administrator Lyle Omanp Senior Building Inspector Bruce Vang, Field Inspector MPG/lav N'm a v>-:> "It,- . •^■• ■> . ^ «•“ • '*“T' * ■.'^y . r.‘ - ,*« < ^ %♦ #* •i ’^'*'\ V » ',>•< ' ■ 1^ i-* '*. V Mr i •V ' f ^ j- , V V- rV 1 • ^ *4 -r-'r.'.:- • -'"' '■'. ): t 4 V ^ *r ^ -r s-.‘-1'J_ - '• -Jg c /* ■•.J J.''. '• 3 ' •*■ - -'^''Cr------ ---- . ■ ■■■•^^« - J. _ ■**^y ^ J *~*'^ ‘^rt *:i- *2*7-c- ^ >v ■ «■ ' m •' ^ A :r^ ' F.1' s;-- l^ St %'1^f Sc:. 1 I Iv I ¥■k & W; i INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. f Mu ^ ^ m J i ‘15 4 S2C. 10.02. DE?::iiT:cNS. • ^ ^ ^ ^ ^ ^ ^ % «•; — • u 4 «jsec ... —*3 -- C .**. 3 ’^ - - - - ® DC.^. ----------- -u,'" -noa--following words ana onrase:. ...a-- ni>a... subordinatr to and'serving "" same lot and cuscomarixy inc-den^a- . . . use or structure structure on tne 4 “Aliev” - A public right-of-way which affords a secondary means of access to abutting property. Source; .Municipal Effective 3ate: 9-14-6- T- "'ne Corner" - A lot situated at the junction of, |Stnf “oV^Sf£vi=^rrii^nmVnT;j^^^^^^^ 3t^r=eU- the* interior angle of which does not exceed 135 g 36 -Lot Depth- -The mean horitontal distance between the front lot line and the rear lot line of a lot. 37. -Lots Interior- - A lot other than a corner lot. 38 -Lot Line" - The orooerty line bounding a lot except -^rai1^/oBVu-l?^ tiihtiniTa- l'?ne-f^sucV^^-?fc- right-of-way shall be the lot line. 38 "’•ot Line-='ront- - That boundary of a lot which abuts !Sc-rb“.l;:ir.eHl.t'VhVff^aV^imS ^ dimansions or a cornar ror are aqua., ...a - auiliinc desighated by che owner ana ...ac .n -ne o.------ o. Inspector. rin "^ar i-'^-^ear" - Thar boundary of a lot which is opposite t.he front -o. at t.he rear, the rear feet in length, or t.he ^ - length within the lot, ^fr.U."lM:\nd l\ th.^«axim“m" distance from^h. front lot line. 41. -Lot Line-Side" - Any boundary of a lot which is not a front lot line or a rear lot line. 42 "Lot-Through" - A lot which has a pair of opposite -t v;v3rji"t^ '-n vVnVo"u%^b-/ot-?^^V!Mrt-iinit srii bi front lot lines for applying the Zoning Chapter. 43 "Lot Width- - The maximum horizontal distance between the Sid. ?o't lln°e'of a^lot measured parallel to the front lot Une and at the rear of the required .ron. yard._ _ _ I*"*:*... * ' * t-* - Vmm • * '■ fr . * • • ' ■ "»••••» • •• •»«»# .V* - itfc' J ii - ^ rubiic richc-of-way not .ess S7. a rriJiarv ^eans of acoass r.o than fifty feet i-h a.-o.-s .. abutting property. n .4 3--:- \r.v rrivate way set aside 68. "S*--’'J5^J!?®AiV/4 ’cliar'acce'ss fifty feet or fore as a permanent rignt-ow in width. Gonstruoted or erected, the 69. "Structure - ground, or use of which requires J "a" location on the ground, attached to some—.—.g Scarce: Municipal Code^ Eifective Date: 9-14-67 76. -Yard" - \ V^Jt'V^'st-uc^ur^^^ \°oVest" grou.n? unoccuried and “• g.^c-ess 1'^ permitted in the Zcni.tg "level-tc the al^V / lot ^i.ne and at right angxes Chapter. -<• /ar- s..a or widtn speciriec —e ■ • .o such lot xine such lot is Iccatec. regulations lor t.ne distr.c. — Source: Municipal Code_^ Tff3ct;ive Dati6: „ ^ -s»cu-r-s wmch 7 6(a). .^®‘lV..e’o^”4'’rd ar'eas when ” such are requirec relate exclusively to fCT^-s" *within specific zoning disw--c.s. Source: Ordinance 26, 2nd series .adopted: 7-14-36 77. -varf. rrcnf - A yard a lot between the ®^*i®'required front yard secbac.'c street line of lot and * both street frontages wi'£ch front yard shall be p a lalceshore lot shaxl not be «.^.not3 and doubl. rat^-« '=* consid.red considered *» //rd on on( side of t.he building and a rea- “rS on the other side of t.he building. m, A vard Ivinc between tne natura- 78. "Yard, Lakesnor- .jL --..e -acuirad lakeshcre ordinary highvarar narh on aetbacit lin.i, for the fuil wid.n o. -e 79. "yard, ?.e- •' - A yard_ lyy? °®”*y-j'g*fu\°l^oid^ yard aetback line and vard'shall be the yard whichfc.U'« .i“.V.n-.'{Vf f;;”'.'....... u.. the required rear yrd setback l.ne. Source: City Code Effective Date; 4-1-84 •Ji 80.•Yard-Side" i line between the front and ’i •in the yard located . regulations 'i f 9 t i • 81. street. "Yard-Side Source; Ordinance No. 172 Effective Date: 1-1-75 .1 t \ f « J -i [ I V * (L' j 5 I I*. ’ Safcd. ?. Accssscry 3uildir.cs. A. Tiaie of Ccr.strucrion.No accasscry building cr crier te the tiae orstructure shall be constructed on any-----^ construction of the crincrral building to which i- is ac--sso^/. D. Locarion. No detached garages cr ot.her accessory buildino shall be located nearer the front or street xct lots are subject to the setback equirements of Section^ 10.23, Subdivision 6 (B), suction io.24. Subdivision 5 O^ and sec ton 10*25, Suldivision 6 (3) except that detacned ca.ages j^^y -e located 10 feet from the straet or rear -ct ^®^J:°°^ awav from the street and a turn-arenn: is crovi..ed on s.-e. - section shall not acrly to lakeshcre lots divided by roadways or corner lots. Source. C’"dinance 25, 2nd Series Adopted: T-14-36 1. Location of Principal Builcing to r^lceahor* No crincical building shalx oe located cj.cser -han j feet to the natural ordinary high water nark of a “2® crocertv. This lakeshore setback sialx -e ceterntineo as Lrizontal distance between the natural ordinary nign water mark on the lakeshore and the allowable building xine. 2, Variance From Lakeshore Setback. Any anclication for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for i-s approval before final action by the Council. Source: Ordinance No. 153 Effective Date: 2-14-74 E. Setbacks. .Accessory structures in excess of 730 Source: Ordinance 72, 2nd Series Adopted: 8-14-39 Subd. 10. Conditional use Permit Required, sory buildings on through lots located in "R" Dist jjsquixe a conditional use permit. Ail acess- ricts shall ________________ ____________ _ ..V . -------- - * •.*••• • . v . -■ •. - ••..' > ’it . • *■ . * • ’ .■**1*’ ^ ♦. *• ..»• - •♦ - • * - . . ..«« • •* ^ *t^*‘**^^ - *.. * • •*» •••1 r> * i , :ar;'A^.. Sufcd. 15. N*on-E.-.croac.--.T.enrs. The zox-cwi.-g sr.a-- :r.sidered to be encroachnenrs on yard requirenenrs: ncc be lornfcee! 'eaves, gutters and the like, provi,ded t.bey dc not e.xte.nd more than 1-1/2 feet.off-srreet narking e:<oert as hereinafter .eguXated. ^ Name elate sians for one family dwellings, «or 111 ujninatina carkino areas, loading areas or yards .or i;l«v ind lec'^^v ruifrises, rrovided the direct source or lignt <s no^ “sibn f;oi thetubiic -right-cf-way or adjacent resrdentiax ;loEerty may be located’to within five feet of the front lot nne. C. Fences whic.h do not exceed 3-1/x *set in he.ghw, fences not over *6 feet in height along the street let ® ?2rraces st^s, uncovered corches, stoops or similar struc.ures, wS!” not l«en“ above the height of the ground I/''® 1 the principal building and extend to a distance or not .ess t. feet from any lot line. D. In side or rear yards only, bays not to exceed a of 2 feet nor to contain an area of more than 20 square feet, fili^e^caces not to exceed a vidth of 3 feet, fences and walls not to exceed a height of 6 feet above original grade and open off !?re!^ Mrkinq except for lakeshore lots, no fence or wall ove^r 4^ street parking excep inches in height above original grade*may be located closer to the dings^ondistance from the shoreline of existing residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. Source: Ordinance 9, 2nd Series Adopted: 1-28-85 I P.ear vard only? balconies, breezeways, detached outdoor ?icnic”’shncers and Recreational 3® regulated hereinar^ar^ ^o- s‘-*a • 1 V ^-nce or wall constructed5 feet from a rear lot line no- i a nc o. grade. wit.hi.u a rear yard exceec a neig.tt o- o .ee- a_cor-,...ax , F Side yards only; no accessory structure shall be closer than 10 feet from any side lot JVYcht of^6 wall constructed within a side yard exceed a heignt of 6 -a-- at original grade. Source: Ordinance 9, 2nd Series Adopted: 1-28-85 quh,) 16 Traffic Visibility. No fences, structures or lijr^hllT bt F«mi«Vd* tV olstrlct^ tr?/f i^visi the point of beginning. Source: Municipal Code Effective Date: 9-14-67 I t <r ' ■ • i i:: '• # i •1 I ...j. 1 .4 I 1 ■a 4 : 0 # •> * ? *;**l r - iroa *3- V'i”' ar.d '.’ari P.ec.:ira.r.ents.3,;2C. ”3. .-*.r?a, ..a.-..-, -sj. --- A. Heignc 2-1/2 stories or thirty Section 13.“=. No structure ee t in herer. or huildinq snail exceed ex cent as provided in be observed; B. Lots. The following miniraun requirertents shall Side Yard Lot Area 1/2 acre Lot Width lOO" r'eet Front Yard S ide Yard Rear Yard Adjacent to Street 30 feet 10 feet 30 feet 15 feet --'J “XU .'T-ZJ- SBC. 10.75. HEIGBT OP STSOCnraKS. . . ."“ot'her-p-liUio- = a'Ty f/ Incrirsed^S-/ MndiVitnal use seriit by 50 percent when aeplied to the following structures: A. Antenna or antenna structures. B. Church spires. CupoVaV*and domes which do not contain usableD. Space (L • TT» • Monuments. Water towers. G. Fire and hose towers. ' H. Observation towers. I. Flag poles. J. Chimneys. K. Smokestacks. L. Parapet walls extending not more tnan three feet abovK height of the building. M. Cooling towers. N. Elevator penthouses. 7 Conditional Use Permits. Heights in excess of pursuant to^ the procedures as set forth in Section 10.0 . Source: Ordinance No. 198 Effective Date: 8-22-77 e Kwi A Varda* Additional Provisions. Requited yards 1„ th. .p«tVied*1?h.'ll b. .Ubj.ct to th. followxn, additional requirements: A. Through Lots. Through lots in any district shall have a required front yard on each street. * ORONO CC 391 (4-1-84) I Subd. 2. 1. Definitions. As used in tnis Chapter: rft;-. "Alley" - A public or private right-of-way pciaarily designed to serve as secondarv access to the side or rear of those lots whose principal frontage is on some other street. Any structure or any part thereof animals, k- ^ • *c. • • • *€ 5. "Building" - built tot the support, shelter or enclosure of persons chattels oc movable property of any kino. J • A- r;-27.lot situated at the - eS "Lot, Corner" - A , r w intersection of two (2) streets, the Interior angle of such intersection not exceeding 135 degrees. ORONO CC 419 (4-1-84) *.% ..-r ♦••• • * i ,N*«* • a «.• « . - •____ • - • *• •* * ^ It * • e m • . •“ -*i V* •^,e Hee.“* . . •'eJ.W* .A • * * , i%- . e' « - • . . t ' . ‘ • •’.'•—..re*.. • . 1 . .■* • -»r. • c. *• T* ^ r ^ ’ "T' .''•r Lfi'; 7 . V ■••••”• •'« - • ' \ *~.r' ■ - •- •••• :•■ •'■'*••'■ - . r'l.. . . .....------.'. — , • • • vv.-«.• *i.-^*e'4iii^*e* • »e/<fceWS» ZTi‘ I' V. - ^ e-r . -.. a ’...................... • -1* Jiaf V***T^ ,*•".# • , • t • . . '• • , . •* "•• ' ' - •" «• *.* ---* . •- • - - . . 7f . 4 -e W — .• • • ’ ' • •• - * ^* ; i »v,’.: ■e e- • • ,i.' r • ♦ * « . • e • • • • r a.’ * • *•• ^ • .-*• ■ ^ . r- •. ,e • • • ^ • ... •**T»T**. * • .«..•.<■' •* •♦•.‘,’^4^ • •- *-•"* * B:. P-V i:t Ife' fe y U: I ■• J ;.vV’ PLOWAGE AND CONSERVATION EAS AND WAIVER OP DAMAGES ENT THIS INDENTURE, made and entered into this 19 » by and between ___ assigns, and successors day of and its heirs, [hereinafter collectively retirred to as the !fSHiorfnae^the'Y.w°^T"e ^ Snafter"r"ef««a to as the Grantee). wttnesse TH Grantor(s), for and in consideration of the sum of one Dollar (51,00) a'na other valuable ^ grant, gift, quit =1“” t\f use ? grantor(s) agree ^^ covenants herein contained, the l:i\*^w?nTaU=rrbe7 lin'd rnlt'cruntrl^ Hennepin and .tate of Minnesota: as follows: 1.Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, “P°"' above! or beneath the land including without 1^'”^’^®*!°®' fireplaces, steps, docks, piers, hardcover or ® inconsistent whatsoever, or any other structure or improvement inconsis with the natural state of the Land. of Grantee. Mte^ial'“ol’'sibsMTce lh!ll be^lToUd or removed consent of Grantee. the Land. E. NO use shall be made of the Land except uses, will not change or alter the natural condition no use which would tend to change the ' ftfo'jf, fish and water conservation, erosion control, soil or the wildlife habitat characteristics shall be made of the water situated thereon. F. Grantee may enter upon the Land^wi "“TnoVherein and inspection and enforcement of the covenants =°'’P®„^"®,!. any to cause to be removed from the Land withouw any liabili ^ ^ structures, uses, materials, substances, or unnatural ma inconsistent with the covenants contained herein and the natural state of the Land. the purposes I . • ■> r \t ^ i. «■; f mill- claim and convey to Grantee, a 3. Grantor(s) herein do 7”^ VnV and aiV of its officers and discharge, f„a all claims, demands or causes of action «nploy... ®"f Whatsoever which may arise or accrue by virtue tl f\etaV*r ”®sp!n with water within terms of these agree- ments. • A __ _ _ _ _ _ _ _ _ _ _ / X j ,.4- ,*r,4-ssnH that the public should have any interest in the abo^Tanl ’bf vTr\uT:f this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein described are free and clear of all encumbrances except. • • w pKai 1 ■riin with the land and shall extend toAll provisions hereof ^hal 1 run assigns of the and bind the heirs, successors, representatives, grantees respective parties hereto. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) S5. ) 198 before me a SStfrySublic withtn—d^^^rVaid County and_^\^g^:;To ”b°e"^^e%yrronr,1 a..crib«d xn and who executeo io-^oing instrument, that he (they) executed the same as his (the:r; rree NOTARY PUBLIC my commission expires fhla instrument was drafted by: pShAM, HAIK, SCHNOBRICH, pOFMAN ^ ^O^Y, LTD. 4344 IDS Center, Minneapolis, MN 5 540ai (612) 335-9331 & EM 1^.- r i It f I r*XI- 5' To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council City Administrator Bernhardson Froa: Date: Subject t Jeanne A. Mabusth, Building & Zoning Administrato^J\ ^5^ •• inoi ^July 16, 1991 #1646 Trinity Lutheran Church, 2060 Sixth Avenue N - Conditional Use Permit - Public Hearinq Y3L ^ ^Conditional Use Permit Pertinent Ordinance - Public Hearing % Section 10.28, Subdivision 3 (A) - Conditional use permit re<|uired for church use and other related structures associated with principal use. Applicant proposes installation of a detached garage, 28'x34', at a maximum height of 14' to be installed to the northwest of the existing church structure. All required setbacks for the RR-IB soning district and the above noted ordinance section have been satisfied. The building is proposed 90* from nearest lot line. Section 10.03, Subdivision 9 (B) - Height restrictions. No accessory building in an R District shall exceed height of principal building nor height of 30'. Proposed building is at a 14* maximum height. Section 10.03, Subdivision 9 (E) - Accessory structures in excess of 750 square feet footprint area shall be located at least 15' from any lot line. The proposed detached structure is at 952 square feet. As already noted, the closest lot line to the proposed structure is the west lot line at 90'. List oC Bahlbits - A ** Application B - Property 0«mers List Plat Map ' Site Plan Survey Elevations ' Profile > Floor Plan Septic Map ' Applicant's Addendum C D E F G H I J '-ffl ‘,1 ■■■' I ’’'liri-' I r i- Zoning File 11646 July 17, 1991 Page 2 of 2 Review of Application ** Trinity Lutheran Church has applied for a conditional use permit to permit the installation of a detached accessory structure to be used as a garage and for the storage of maintenance equipment. Review Exhibit I, the septic drainfield area is located 100'+ to the south and indicates sewer lines within the area of the proposed structure. In a recent inspection for the removal of an underground fuel tank at a 13* depth, the inspection staff noted no sign of the septic lines. The structure is to be placed over the excavated site where fuel tanks were removed. Review Exhibit F, the north door will not be for vehicular access and not require any special grading along the north side of the structure for driveway, access purposes. This was an original concern of staff because of the unknown/exact location of existing sewer lines within the area. The most affected neighboring property owner to the west voiced concern with proposed lighting shown in the elevation plans. Review Exhibit J, applicant has confirmed that lighting will be placed within soffits over the north door and shielded downward. In addition, applicant advises that t V.ese lights will only be used when in use and will not be used for security purposes which was the major concern of owner to the west. Planning Cosmdsalon Re idation - Planning Commission recommended approval of the conditional use permit for Trinity Lutheran Church located at 2060 Sixth Avenue North that will allow the Installation of an accessory structure, 28'x34', to serve as a garage and maintenance structure for the exclusive use of the church finding that all standards of the code sections have been satisfied. This approval is subject to the following conditions: 1, No construction vehicles shall entrance the site along the north side of the church. Applicant must provide protection of existing drainfield within southwest yard of church during construction. 2. Lighting on detached accessory structures shall not be used as security lighting and lighting will be installed as shown on Exhibit J pre3ented as an exhibit for the review of Application #1646. .1'^ L “ v' . % k f- \- A RBSOLOnON GRAHTIMG A COMDITIOHAL OSE PERMIT PER MDMICIPAL ZOMIRG CODE SBCTIOE 10.28, SDBDIVISIOH 3 (A) FILE #1646 Trinity «" described as: Refer to exhibit A, attached (hereinafter "property"); and WHEREAS, the applicant has applied to the " for a conditional use permit to permit the installation of a detached accessory structure 28'x34' per Municipal Zoning Co Section 10.20, Subdivision 3 (A). ■OW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FIMDIIIGS 1. This application was reviewed as Zoning File #1646. 2. The property is located in the RR-IB Zoning District requiring 2 acres in area. The property consists of 3*^ acres. on the following findings: A) All standards of the pertinent Municipal Code Sections have been satisfied. B) The proposed structure and the use of iJrroti^ing reslde^tlll zone"and*deve*o^^‘’properties. E and welfare of the community. Page 1 of 3 r c’ 5. The City Council finds that granting a conditional use permit to allow contruction of a detached accessory structure will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will bo in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. OOMCLUSlORS, OBDBR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit construction of a detached accessory structure to be used as both a garage and storage structure for the exclusive use of Trinity Lutheran Church located at 2060 Sixth Avenue North, subject to the following conditions: 1. All construction vehicles shall entrance site along the north side of the church. Applicant must provide protection of existing dralnfleld within southwest yard of church during the construction period. 2. All lighting proposed for accessory structure shall not be used for security purposes and that lighting has been approved as shown on Exhibit J in the review of this application as shielding the light rays from adjacent residential properties. 3. Authorities granted by this resolution run with the property not with the applicant- but are permissive only and must be exercised by the lnstal..ation of the pond within one year of the date of Council approval or the special conditions of this resolution will expire on that date (July 22, 1992). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 3 k‘-i I*r H- vS ;v. 5. The undersigned authorized agent of Trinity Lutheran Church has read, understood and hereby agrees to the terms of this resolution and on behalf of the Church its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of July, 1991. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Authorized Representative of Trinity Lutheran Church STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of Ji '.y, 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. STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this day of 199 before me a Notary Public within and for said county, personally appeared an authorized representative of Trinity Lutheran Church, known to me CO 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 PubJic Page 3 of 3 CITY OF ORONO - GENERAL ? OSF APPLICA i PROPERTY LOCATION Sit* Address ZO(pO VIQ_^ Property Identification Number (P.I.D.) ^ ——0£p^ Please attach legal description to application if not included on required survey^_ __ _ _ _ _ _ _ _ _ _ fSnJ e""H ^^'^one (**.«•)---------------------------- "T^IkITTS * Phone (work) ^"13"—— Address )CW -Up-------- Name owner (if different than applicant) Name Address -- - - -- Phone (hoire) Phone _ _ _ _ _ City _ _ _ Zip, Date Property Acquired_ _ _ _ ___ _ _ _ _ _ _ ___ _f I (do) (do not) also own the adjacent parcels _ _ _ _ PEES - CONDITIONAL DSB PERMITS - Renewal Fee - 1/2 Current Fee r^»e j^fter~the-Fact Fee - Double Current Application \ \y $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration CITY OF OfM p maCE OFFICE mo20oooo 01 QEH 1E0.I» CHECK TL 150.00 RECEIPT-T^^^Yi^l.. cool ROl nJ«c G5/W9 Grading# seawall# retaining walls within PRD/PID - see fee schedule APPLICATIONS $200.00 $250.00 - - - $175.00 $ 50.00 ■ $250.00 $100.00 Commercial Site Pla. *view (+ consultant fees) Vacation Easement Vacation ,. . , Easement Vacation with Subdivision Rezoning (PUD - refer to tee schedule) Appeals Other - see fee schedule PRESENT USB OP PROPERTY Present Zoning District Present Use of Property Residential Otner (specify) DESCRIPTION OP REQUEST Describe request in detail; 2. REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Hap. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. 5. 6. 7. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Zaltials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ 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 unusual expenses incurred review of this application, and certifies that the information supplied is true and correct to the best o^ .his/her knowledge. Applicant's signature Date ios /°l 1*=^ I / siennu The owner hereby acknowledges and agrees to this application and further 'authorised reasonable entry onto the property by City staff, consultants, •gents, commission members, and Council members for purposes of investigation and veflficatipp 9^ (his ^qu^t^ y Oimer's signature 'ti 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 Commission and Council. If an applicant is unable to attend a scheduled meeting, please maJce arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. w - » vW' iATPI til 1-- )! ..' fJ!- • ■!>.'«:-N V i hf -i'iJlj? . 4iTt M/0m ^* • <V' ^-C «NEIMEPXN ..ifiMTCH til •^Sj'.-; .V • :/» ■• r"‘al't 1 f;.‘ « .•• ' :- »»•■• *7-ii»-its SI coot MOP Mia ’. I OtOM SXXTM AVI'N i A .’7- COUNTY mOPERTY INfORHATION SYSTHH PtnPCRTY (MCR8 LIST mo fVM UITN CN INC UfTWIUN CNUNCN ♦ - t--r: ^ • BANXIL «IA MfTN B HOHIIBCM _______________ *vKflr. PNDP MM 'J3! tAMAVll. >»(■% taUkUL M't '' * - ^ -fer ii4: T AA •. U9M. . . >*< t7>SXt-n sx Mto •xom.k 'Mom ro ’N if M*. B; A.RAKN ZXHXMSKI < ----------*---------- TAXAAVBB.ssstji•IVBLVN IBlAttlB.;? XMOrUMMIN Tf«; .'A: ■ij'-'V UMBSX0CB':; sJv > AMH9S IMASSian*1' •HI. TAMAAVlB>t-,\^ ‘H.^J|HMi/ABl||>{ 4ltl Wsiitiii sii it ' t7«lfiiPtS X4 OOM*. . .. ,,.— .jinincio MXiUM' Bll>^'> 'iA I kTAI»AVia,i-4r - ■ itsB habnia .iid ^ Aim ‘1; Vi ( n- '* 4. &Mi': I'jnw sa 27-iia-is SI 0005 02155 rrH AV€ N RICHARD C VALITON ET AL RICNARO I SALLY VALITON 2155 COUNTY ROAD A LONG LAKE m 5555A sa 27-iia*25 51 ooia 021AO SIXTH AVE N PAUL R PHILLIPS PAUL R PHILLIPS SOX 520 LONG LAKE ffl 5555A sa 27-lia-25 A2 0005 019A0 SIXTH AVE N DRAmLEY HANSEN DRADLEY HANSEN 15A0 COUNTY RD NO A LONG LAKE ffi 5555A 5a 27-lia-25 A2 0007 015AO LAKEVIEH TER EVELYN E ROSS EVELYN E VOLDY IfAO LAKEVIEH TER LONG LAKE m 5555A aO 27*lia-25 24 0001 oooao ADDRESS UNASSIGNEO DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 NARNER RD ST PAUL NITil 5510A totIl batch 001 OOOIA / t*.’ ^ REPORT NO. PI4S5401 PAGE 1 SS 27-118-25 SI 000<» 02IOC SIXTH AVE N ORONO hoODLANOS INC ORONO N(X)OLANOS INC 21A0 6TH AVE N LONG LAKE m 55556 58 27-118-25 51 0019 02085 SIXTH AVE N J R MARESH > 0 J HARESH JOHN R A DIANE J HARESN 2085 CO RO 6 ORONO m 55556 58 27-118-25 62 0004 01980 SIXTH AVE N DANIEL A BERGERON DANIEL A BERGERON 1900 6TH AVE N LONG LAKE MN 55556 58 27-118-25 42 0015 oloao BRoiai ro n HAROLD F BONER ETAL HAROLD F BONER 1080 N BROI«l RD LONG LAKE m 55556 60 27-118-25 24 0004 02140 SIXTH AVE N PAUL R PHILLIPS PAUL R PHILLIPS BOX 755 LONG LAKE . 55556 T*> ■ . i i s'- & i 0i-* M ^ -t ll'*: 'i s: .• a*’i i * '7. » t v < • r ■ 1 ip * NOMi^IN COUNTY MOPERTY INFORIMTICM SVSTEH PROPERTY 0»MERS LIST REPORT NO. PI4S5401 PAGE 2 .1st ••!i^ V ■' t!'a* ^ iiS^Uksi/. ' . * 4^* i; 7: . • in?-'': I .7* •• i'-V' 'i' •- ■• ; f-^ ♦? JV'4 >V • mk l!»:fJ.'Ssi.! 'V,:i-.':.y- •....< . wii mM1 ;fai y ! ‘iV i'* i llii »i|i. .'iI Iff li? I’U - V0^ nii^l |?rnwftAi 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, J9 THE BEST OF HY KNOMLEDGE AND BELIEF < date' W':.v f’ • t ** ;♦•i i \ • • i ? I y- /I . * 3? — *^1 * s> _>m sr\'' ^ -n ■/ t?itAiK n«^ I '.4 U«C-^7ltf>4- .elT- 'i.r.V V «••*• ■>‘ri'-''S V .^fovui7 L?* ’* c <f\c^ I ' ■^5:;:-' ■ f<s (W.t';-.: *c ■ ••, *• r fi A w ifY nr.. - V - .. ...5t\' • i; -/ “ J-H •• *v * I , •.,•••- < <• -■•5 ot!».'f.4;-s-;; V- 'faSriKN- 1-* V " I .\n V^;, •» *••* Y * ♦ • •.»,. , • • • '1 ;• * • ■^-'z’'- \ ■ w .** J ^.v •K ?‘r'. ^•^i- ft ■ i;IftrI ^y :ft'?-ft' li • V-.-" -ft1- ft t tJ^ V i .•« • ♦ - ^ • I,, i •;* • - ** p.'r-: 6 f' 'f^jE^T <■ -30 JT M LTT 5M'hVC»i-t;!b MACT'ch ^*tST\MC» FC'^ V^PUNWOOP V«/ wUPS es -2.4 ■' ‘Vc ixe t (x4 cep»i^ T? s CfOKo. ^o#*r»T t s ^“V.UN\ SoP^rr \J^T2> *^-u \ r\p. .^2 ^v>'aitnc .2^ A ^-rwp 1' ’ *% • -«4 » f-*-' ». A'*;.•ir'. S5AVJ C» A'TLFV jOO^ .2. T«e«Tao ■ *4 ” CO h C ’>J£0D4 «^ tae . V* -»'•. IN . feX\^5TlK\ (y- >. * CHUQ.C44- Acv« t. TO BP. I IC^ COC-Vk^TT.'*? t XI. (SA.C. # • ■ift « * V ic»'*c wm \ I • t ■'f ■ r ^ ’I r‘ -• ^k- ij-j -• ti'’. •'t ■ if'.' "t*. 'i ■ . ■J'.k'' U'<* i- ■ .^’Hv . '^r r.'v! / I •I / i• J - i‘ -- C-.K r ■N ^r; [• I p j" L- s B-.- TOi Mayor Peterson 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Mer.bers City Administrator Bernhardson % Jeanne A. Mabusth, Building 6 Zoning Administrator % % Oates Subject s July 1, 1991 #1656 Donald L. Meyer - 405 Park Avenue - Variance - Public Hearing Soaing Districts LR*1B Total Area ■ 23,262 s.f. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit 0 Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Property Owners List Plat Map Neighbor's Acknowledgement Letter Neighboring Property Owners Approval Letter Hardcover Fact Sheet Survey Elevations Floor Plan Description of Request Applicant proposes a 26' x 26.2' single story addition to west or rear side of existing residence. Existing structure is located 7' 2* from north side lot line. The addition will be approximately 7' from north lot line extending along the foundation wall of existing residence. The proposed improvement also includes a 12' x 26' deck to be attached at the west side of the addition that will meet all required setbacks. Pertinent Ordinances A.Section 10.24, Subd. 5(B) - Addition to principal structure will require side setback variance. Required « 10' Existing “7' 2" Proposed * 7' Variance * 3' or 30% B.Section 10.03, Subd. 12 - Required separation between principal structure and detached accessory structure Required « 10' Existing “ 9' Proposed ■ 9' Variance * 1' or 10% F; Zoning File #1656 July 1, 1991 Page 2 Section 10,22, Subd. 2 - Review of hardcover within 500-1000' . Allowed = 8,141.7 s.f. or 35% Existing = 3,239,2 s.f. or 13.9% Proposed ** 4,209.6 s.f. or 18.1% No variance to hardcover D.Section 10.03, Subd. 14 (C) - Lot coverage. Allowed » 3,489.3 s.f. or 15% Proposed - 2,628.2 s.f. or 11.2% No variance required Applicant's Hardship Statenent 1. Building in any other direction would require even more severe variances. a. b. c. Substandard 7* setback to north 13' street setback to east 9' from existing detached garage 2.Existing house was placed on property prior to zoning standards. July 18, 1991 Additional Conents and Planning Co—tsslon RecoMendation Planning Commission members questioned excavation activities in the rear yard. Applicant advised that it was the area of the former septic system. The property was connected to municipal sewer in 1975 and former septic system abandoned by filling in of tanks* The Building Inspector advised that if tanks became a problem during construction, they will be removed. This is not an unusual happening. The enclosed approval resolution has been drafted for Council's review and action. lev t: I Pv--’ h RESOLOTION GRANTING VARIANCES TO MDNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (b' AND SECTION 10.03, SUBDIVISION 12 PILE #1656 NBERBAS, Donald L. Meyer (hereinafter "the applicant") is the owner of the property located at 485 Park Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lots 5, 6, 7 and 8, Block 2, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter "the property"); and NBBRBAS, the applicant has applied to the City for a variant - to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit an addition to the rear/west side of structure to be located 7' instead of the required 10* from the side lot line and a variance to Zoning Code Section 10.03, Subdivision 12 as addition will be located 9' from an existing detached accessory structure r-ther than the required 10* separation. Minnesota : NON, TBBRBFORE, BB IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. 3. This application was reviewed as Zoning Pile #1656. The property is located in the LR-IB Zoning District. The Orono Planning Commission reviewed this applici».tion on July 15, 1991 and recommended approval of the proposed variances based upon the following findings; A.Building in any other direction would require even more severe variances. The existing residence is located 7* 2" from north side lot line, 13' from street lot line and 9' from the existing detached garage. Page 1 of 4 ■V.:.vL 4. ■ 5, B.Exi -ting house was placed on property pric standards. zoning C.The existing residence structure is located from the north side lot line. The proposed addition will extend no closer than 7'. The City Council has considered this application including the findings and recommendations of the P1& ing 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. The City Council finds that the conditions existing on thii 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 ?lan of the City. CONCLOSIONS, ORDER AND CONDITIONS w Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.03, Subdivision 12 to permit the construction of a 26' x 26.2' single story addition to west or rear side of existing residence approving a setback variance of 3' or 30%. The addition will be located 9’ from a detached accessory garage instead of the required 10' separation approving a 1' or 10% setback variance, subject to the following conditions: 1.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 )f Council approval, or this variance will expire on that date (July 22, 1992). Page 2 of 4 M STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ _ _ _' ^^?r-before me a Notary Public within and for said county, personally known to me to t'e the person(s) described in and who executed the foregoin9 instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )SS. COUNTY OP HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally -opeared_ _ _ _ _ _ _ _ _ _ _ _ __ >r vn to me to be the person(s) described Tr and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC li- 1 MY COMMISSION EXPIRES Page 4 of 4 r f- t i- / CTTY OF OROHO - VARIAHCB APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) ; ■ ;^ter-the-Fact Fees (Double application fee) -w 4* A PSOPBRTT LOCATION Site Address 9 Property Identification Number (P.I.D.) oCj/^3 L^-aeh leaal description to application if not included onAttach legal description required survey.< »> ''«•*>r'»I X w'w'V'^ VV'VV'V Phone (home ) - TLAFPLXCABT iij.GV j^=: Mi r %.* e W Name KtiEif-r-rHAm YOU Phone (worJc) ^ Address . Citv;^«>>^3 Zip: (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address ■4C City:Zip: Date Property Acquired _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ I (do) (do not) also own t.he adjacent parcels of land (month/year) PBBSBNT osb of propbrtt / /? ^ / /^ Present Zoning District ^ ^- - - - - Present Use of Property other (specify) E.tiMted construction Cost %j£JL- D..cribs t«^.st in..............^ A _ _ ^ ^ ^ _ _ _ _ _ _ _ _ _ _ _ __ VARIANCES Lot Area Setback Variances ( Lot Width Front _ _ _ Hardcover ^ Side _ _ _ Rear) Other BAROSBIP Describe wmdue hardship or practical difficulty resulting from strict enforcement of zoning regulations; yy^a/Zrr >vV/<fM^c<f DBSCRIPTIOH OP UHUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements ; J-n>oSCr OSC 2. V3. V4. 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 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) hardcover calculations as required (provide one (1) copy reproduction). Topographic survey (existing and proposed elevations) if in existing grade are proposed (provide one copy 8>j"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8Ji"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. to include 8%'’xll" for any changes 8. The Applicant and Property Owner must sign this application. Please resMBber that your variance application is not complete if the above ^mToMsbion has not been included. APRLICAET'S SIGMATURB 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 •up^'ied is true and correct to the best of his/her knowledge. Ap* ■cant's Signature rfA //Date OWirng SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date rA/9/ Applicant must have all submittals into the City offices 25 days before the Planning CiUBmission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled xewiew meetfngs of the Planning CosMission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an nuthorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. 'X J- 'i ... :>}[• uummt: • •*f i%f ■':. r r 5 ir' 41 mr^ WIO^'\i 1 ! V • t;i?VI------ W.‘‘SVIMCOfF'<'< « ;f: liMi/AMII yttM IHWWDOO Bh VIM"; *r^X '^^>.4 £;.>' tiiOBHINBVBM Ml.> SMM T il I '■ v-5- M-llT-O 41 *014 . UNAssimn I'k'“*■ ‘ T\* • i ^■1 ‘=Kk•;tl ramuiK icVn, - v; , jjii'iraio-. :;■•■•’ .VxU'r' ' • .-li' 04-Ur-El 41 OOlV MMCPXN COUNTY POOPCRTY INPOmUTION SYSTEH PROPERTY OMCRS LIST SO 04-U7-ES 41 0014 00050 AOORfSS UNASSIGNEO JOHN R CERNAROSON JOHN R CERHAROSON 351 LAREVXEN AVE LONB LAKE M4 5S354 50 04-117-25 41 0017 00445 PARK AVE DONALD L • CATHERINE A NEVER DONUD L 1 CATHERINE A NEVER 405 PARK AVE LONG LAKE (M 55354 im/ABM' f{ •: ■f‘ii ■■—II .j' TAMPom •:%jcm oav founs • •h ■ UNDIN- AVI K W' :‘'S« ! . ^ i r 00400 V. -.Ul—N AVI I'l'JDMI ■ AIMOS > ' I JOHN OAV vALMM ‘ . PNDP A—I. Vv OOROO;.- <UNDIN AVI . OM—flOM VJOMI 0'ALRM ., I TAMPAYBO- ' C’JONN •AV<AtMRS i< '!^‘>r;"TAMPAVII i f.-' *5*;^^•U 1 ’> •«(. : W' illiir ..*1 Ss-sssli^jk-s* W^4iOf OAK'tr ■- '.. OilUND URf^m if*-■ * ■ • n’'ij/L'i-i-r;:'<»'• -i^^jljjjkiiy-u 41 oioo • li fiS:OO^ii 1 UNDIN. AVE v., u ' ±N • oiniacR<«ioa(EN rr al TAimVIN-i'.'jf N'l’DlimCK-OUKUN • I -ll iifi'.-Mi?.-! Ip '4V A 'ifa'ir. .»i4-> . •-• .. . • :r . • v> •o’'^ ^ 4 w \ r*[' la 06-117*2S 41 0020 00460 LINDEN AVE JOHN D ALBCOS JOHN DAY AL0IRS 460 LINDEN AVE LONS LAKE HN 55S54 16 04-117-» 41 0023 00460 LINDEN AVE JOHN DAY ALDERS JOIOI DAY ALDERS 460 LINDEN AVE LONG LAKE m 55354 36 04-117-23 41 0044 04075 OAR ST RNILIP A L RENATA BRADLEY PHILIP i RENATA BRADLEY 4075 OAR ST LONG LARE m 55354 36 04-117-23 41 0103 040^5 OAR ST TAB ARGABRIGNT TIHOTMY A BARBARA ARGABRIGHT 4065 OAR ST LONG LARE MN* 55354 REPORT NO. PI435401 PAGE 5 58 04-117-25 41 0015 00058 ADDRESS UNASSIGNEO JOHN R GENAROSON JOHN R GERHAROSON 351 LAKEVIEH AVE LONG LAKE IM 55354 38 04-117-23 41 0018 00493 PARK AVE DONALD L I CATHERINE A NEVER DONALD L A CATHERINE A NEVER 485 PARK AVE LONG LAKE m 55354 38 04-117-23 41 0021 00480 LINDEN AVE JOHN D ALDERS JOHN DAY ALBERS 480 LINDEN AVE LONG LAKE »M 55354 38 04-117-25 41 0040 00480 PARK AVE TODD E A TERI L HOOD TODD E HOOD 400 PARK AVE LONG LAKE Iti 55354 38 04-117-25 41 0047 00444 TCNCANA RD N S A R OOteECK NICHAEL S A RfMAlIC 04 444 TOMCAHA RO LONG LAKE m 55554 TOTAL BATCH 002 00017 AllATCN Mt Ik -c- >•■I- * mmtpm*COUNTY MOHItTV INFOMUTXON SVSTEN PROPERTY OMCRS LIST report no. PI4SS401 PAGE 4 \)m k 4:;k ii-ip l /.ijl', - ii ■t?.r :v •ir vii <’ • ' . • •>' 4 ' * ■ I 'i' ' ’f [Sty•<!'■•" X P®^ •'lO^ ej- ■f) vt :'i r ■■ T ’■ 4: -j% Av ■ •» J'. . ' 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS • OF THE HEItCPIH COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE REST OF NT KNOMLEDGE AND RELIEF *'***‘1 'DATE J^yj. ;’• % • •: * *.» ( !*> . ^0 ' V miw - ,i V'l ‘ •’: ^:. ■ r\T { . >\ ♦“ »t A-- r « J gf wjl'api i ®£S / / • *1 w L L'L'V ' t.'J »/? / % (-'j R ' ;j f F 'R ? . V ? 8 •j ^fs z $ R ♦1 \|R 4 ; R f(9C) 1 r' s 9?)5 R i. '^1 r h 9 R ® JP’ 7 'r:f R f /] *29 1 i 73 9 *••««•••• •••••••*•« R 1 ^ ’25 $ R - 4 i s R 5 ; 125 ? R ; (fei s R 7 ; *29 $ A '.i '■"* • V « -r 4 • 01 z 3 '5 r 0 ia %sL jl •0; ?6: 1 1 1\ IT \ Adjacsnr ?r=per-y c-^.er= ■ Ac.t.-cv.*s--ge=ar.o of ^ ^ ^0 I (we) Ac W [print nane (s)][prinr address] • ^-h*. nlans for the proccsed imprcvenenr cr proposed use of the X.r7yTcca«d at ^ Application No , ^ j 4-k»4- < n Avecut’na this acknowledgement, I (we) am (are) not as)ced to dec^ PP council that I (we) am (are) aware of th^ im^ovelent^ p^ and ;hat ;..e proposed neighbor's project or use requires Council approval. / \ I ^ 1 I (we) [print name(s)J [print address] .4 nlana for the proposed imorovement or proposed use of the have reviewed the also referred to as Land Use property located at ^ —- - - Application No. I (we) understand that in ^property or use (are) not as)ced Council^'that I (we) am (are) aware of requires Coun^l approval Dat Property Owner Date “ Tn "T “rut^creatV’to " .e K..t 10 da% prior to the ,=hedul.d meeting date. I i- ..4y<riS’fii{p Vi 't >! ’k'A r • k. FI; p- w R‘- ;rr:f;' fC: V fKW- J Ic:I \ 'i.SI •. 6/3/91 JOt ZONING OND fiDMINISTROTIDN CITY OF QRONQ FROM » DONALD L. MEYER 4aS PARK AVE. LONG LAKE MN. 55356 SUBJECT: STATEMENT FROM ADJACENT PROPERTY ONNER, WHO WOULD BE AFFECTED BY BRANT OF A 3-FOOT SIDEYARD VARIANCE. This note is to state that as an adjoining property owner to the parcel known MINNETONKA SUMMIT PARK BLOCK 2 LOTS 5,6,7,8 I have no opposition to the proposed sideyard setback variance. / h' m'«• ■s r: c>• S' L*r t y. :p'-;>: i-£P I. r'f Yt'> ‘. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) G-75' 75-25'J' wtO-‘:OG' QP0~1QCG'^ Existing Hardcover in Zone A. House /7.5 LENGTH /3- / ?./ V 4 i>'C / B. Garage - ^ c. D riveway (fUOdt sro^Y D.. S I OiWAfcK- _5-. 7 fC L. STf^J ___ F. Landscape AREAS j(OCk UNDERLAIN BY ■ t; PLASTIC SHEETING r#A/ M •/•••(<'f'f) X X X r/fj G. Other /<y,^X X <p. (f X 7^'. V -7<T5 . S.F. X WIDTH 5-. <?• 7^S.F. X 5*. <P 32. S‘S.F. X 7. //7. C S.F. X 7-9 / zo. }S.F. X 22.S S9 /. -?S.F. X //Vz?, S.F. X f. 2 23. €S.F. X V. 0 22. Z S.F. X y^3. 8 S.F. X /S3 3 9. 2 S.F. X 3 ••/z S.F. X S.F. 25 *\ S.F. S.F. 7 S.F. r. € S.F. Total Hardcover in Zone Total Property Area in Zone 23, X 100 3 ‘Z3J. 2. S.F. 23 2^1 i. S.F. f 9/A */ =tt B 2232:31 B /3. % ’-'’y'JLv .Z'k IC.c •=. C3i. 'Z —2i.S' ~ 2"J3'. .4*^0'r./6.yckr' I r ¥ i.' lu' To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson z y> «✓> Froa: Date: Subject: Jeanne A. Mabusth, Building s Zoning Administrate ^ a July 2, 1991 <9, #1658 Lyndon S. "Bill" Stubbs - 2555 Fox Street - Renewal Variance - Public Hearing List of Bshibits Exhibit A - Exhibit D - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J “ Ehxibit K - Exhibit L - Exhibit M > Application Plat Map Property Owners List MacKinnon Letter Registration Application Wetlands Map Septic Site Plan Survey - Building Envelope Planning Commission Minutes 5/21/90 Planning Commission Minutes 6/18/90 Council Minutes 7/9/90 Council Minutes 7/23/90 Resolution 2841 Description of Request Aoplicant was granted a lot area variance on July 23# 1990 subject to the condition that prior to the City issuing a building pernitr registration of the property was to be completed confirming acquisition of disputed lands on north, west and south side of Lot 10 of the property. After much delay, registration was commenced in March of 1991. The process is not yet complete and should be finalised within the next few months. Upon completion of the registration and confirmation of the dry buildable lot area within the building envelope, staff may issue ....... ...~j _____ a building permit under the development guidelines set forth in Resolution #2841, Exhibit M. Portineiit Ordinances - Zoning District RR-lB 1.Section 10.28, Subd. 5 (B) - Lot area required for rural property. Required ■ 87,120 s.f. or 2 acres Existing per Auditors Subdivision #229 = 47,908 s.f. or 1.10 acres (exclusive of drainageway » 1.04 dry acres) Existing per west lot line of Foxwood and Foxwood Addition* * 63,598 s.f. or 1.46 acres exclusive of .06 acres of drainagaway) Variance “ 26,136 s.f. or 30% (1.4 acres * Neighbors to west have confirmed that they will not contest registration of unclaimed land corridor on west side. I S’V-v« Zoning File #1658 July 2, 1991 Page 2 2.Section 10.55, Subd. 15 (A-1) - Drainageway that intersects dry bulldable envelope is not classified as flood plain nor defined within the City's designated wr‘-''ands. (Review Exhibit F.) This section of the Code is not applicable. This drainageway will be subtracted from total dry buildable area as set forth above in the calculations of dry buildable. Review of Hardships Review Pages 1 and 2 of Resolution #2841 in addition to the special conditions of approval as developed and drafted in the earlier review. July 16, 1991 Additional Coanents and Planning Contission Recoesiendation Once again the Planning Commission voiced major concern with the development of this severely limited property. The applicant was •gain advised that development of the building envelope was to e guided by the special development guidelines set f"*rth in the original resolution of approval. The prospective buyer of the property was also present at the meeting. The Planning Couimission Chairman advised of the need for a Flcwage and Conservation Easement over the wetland. The resolution has been amended to include this as an additional condition. The enclosed resolution has been drafted for Council's review and action. Isv i.,.,. „. A R^SOLDTION GRANTING A .niiNENAL VARIANCE TO MI^NICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) PILE #1658 t h«= a w follows: WHEREAS, Lyndon S. (Bill) Stubbs (hereinafter ") is the ^wner of t' {. operty located at 2555 Fox iltree' City of Orono (herein tter "City") and legally described as Lots 9 and 10, Auditors Subdivision #229, Hennepin County, Minnesota (herainafter "the property"); arl WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 1C.26, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1.46 acres of dry contiguous lands instead of the required 2 acres in area. Minnesota: HOW, THEREFORE, BE IT RESOLVED by the City Council of Crono, FINDINGS 1. 2. This application was reviewed as Zoning File |165i. The property is located in the RR-IB Single Family Rural Residential Zoning District requirirg 2 acres of dry contiguous lands. The subject property consists of 63,598 s.f. or 1.46 acres in area (.06 acres of drainageway). 3.The Orono Planning Commission reviewed this application on July 15, 1991 ani^ recommended approval of the renewal variance based upon the following findings: A.Ther» is no additional dry bulldable la: .3 adjacent to the ^ roper tv to incr^-” ; building envelo, e. B.Adequate and su'''tai;le area for on-site septic development has ’ ~en found in the upper elevations of the property. C.A house can be located on thir site meeting all required setbacks from wetlands/drainageway and street. D.Tho location i he huse will provide minimal Impact on e-<i8ting residential development to the west. Page 1 of 6 E.The property was zoned R-IC requiring 1 acre in area at the time the applicant , ’^chased the property 20 years ago 4.The City Council has considered this application including the findings and recommendations of the Planning Commissionr reports by City staffs comments by the applicant and ^be 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 pj-f^ -»j*ty are j acu 1 iar 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. COHC DBR AND CONDITIONS jT more of the findings noted above, the j grants variances to Municipal Zoning Code Based upon Orono City Council hei j >}*»*•«.« --------------- — ----------r - - Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1.4 acres o dry boildable land instead of the required 2 acres, s*’bject to the following conditions: 1.Applicant shall deed a flowage and conservation «asement to the City over the designated wetland area. 2.Prior to the City issuing a building permit “^or new residential construction on this pr ^rty, the applicant or future owner must have completed t registration of the property submitting proof of the Court's action that would add .42 acres of dry lands tc. ne existing substandard building envelope. Applicant's surveyor shall then confirm area of building envelope defined as total dry buildable area to the east of drainageway. 3.On-site septic areas to be protected during construction as these are the only suitable areas on this property for septic development. 4. Pi<or to the development of final bui Iding plans for ' ' ■■■ —— . III I. T . ________________________residential development this property^ ^ liiture owner Page V ' 'of 6 t' 5. 6. and/or owner's consultants shall meet with the Orono Building and Zoning sta^ ^ that the special’ conditions tnis v^iance application may be reviewed. Upon application for a building permit the developer shall provide a grading plan for alteration of drainageway. Such plan shall be subject to review and approval by the City Engineer. The alteration of the drainageway shall be confined to the excavating and defining of the banks of the drainage path. The following shall be the guidelines for residential construction on this severely limited site; A. b. C. D. Future owner placed on notice that the water use for the residential structure is limited to 600 gallons per day or 4 bedrooms. The residence must be installed with a meter to determine wat*" " use levels. The meter shall be so installed so as determine the amount of effluent entering septic systems and shall not monitor but exclude the water usage for outdoor landscaping. No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the street lot line and a 26* setback from the drainageway and wetlands area as shown on the attached survey as Page 5 of the resolution. No grading or filling will be allowed within the 26' setback area. All fill resulting from new construction must be stored out of the protected area. Applicants to design a house th'**' will provide minimal impact on existing elevations The only approved excavation to be allowed in the protected area will be the modifications to the drainage ditch that intersects the current building site. All structural improvements at this site shall be limited to 15% of the dry buildable envelope as defined on the survey included as Page 5 of this resolution (dry buildable area to east of drainageway). Structural improvements shall consist ot house structure# garage# patio and swimming pool (this Includes water retention area of pool)# and tennis courts with fences in excess of 6'. Upon application for a building permit# future owner's surveyor snail confirm dry buildable envelope as defined in above referenced exhibit. Page 3 of 6 =■ I 7.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 (July 22, 1992). 8.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. 9.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 ch in of title of the property. 1991. ATTEST: Adopted by the Orono City Council on this 22nd day of July, Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor P*"operty Owner(s) STATE OF MINNESOTA ) )88. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of July, 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. Notary Public Page 4 of 5 an OP OROHO - vmoancb application N A Initial Application Fee §175.00 ($50.00 per each additional variance) Renewal Var-ance Fee §100.00 (no change from original application) After-the-Fact Fees (Double application fee) V ^ • w , A <' I i • • U r W • ■ u • V propsrty location Site Address ^S'> r: -rr••• •* ^ u • I1. $rje^£^'7 . . ■ ... I „ I I , _ VV'VVV' •, ; \i ’ •:* Til*v»V M.*..4 ' < • ‘5 f. r ^ u •' • ^ • -'V * 'u'v Property identification Number (P.I.D. ) -, , , -7_ Attach legal description to application if not inc required survey. _ _ _ _ _ _ _ -.’“-'■•A -OU f 7i X • x\ • ; ^ W . V* • X w*.* » - , f 1 • f 7i ^ • ^ ^ ^ t L V V .A '>V X • A V • APPLICANT Phone fhome) -----------Phone (workl_iLZ2i£±a2_ .. . . . ..... cA»ttrAj. t (if different than applicant) Name AJ Jc_ _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address;City;Zip: Date Property Acquired_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _— I (do) (do not) also own the adjacent parcels of land (month/year) present OSB of PROPERTY Present Zonir.., District ?R j: B Present Use of Property Other (specify) Residential construction Cost - - Describ. r.qu«st in ---- VARZANCBS R) Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other ?! ■1/ HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforc^j^ent of zoning regulations:________________________ ^— ---------------- ^ - - - - - - - - - - - - - - - •-OT>yn»Tyi»Y<« OT PROPERTY CONDITIONS / Describe unusual property conditions preventing^compliance with Zoning CoderHequiteB^ents IE(^JI]IED 80BMITTALS ’ Completed Application Form^ e 2. 3. 4. 5. €. 7. S. Certified Property Owners List of owners witiiin 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 0%”xll" for reproduction). Topographic survey (existing and proposed e’evations) if any changes in existing grade are proposed (prcv’ide one copy 8Jj"xll"). S)cetches or plans of floor & elevation views (provide 1 copy 8Jj"xll"). j^e en addendum to this application^ please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. Applicant and Property Owner must sign this application. Please remember that vour variance application is not w^^isplete if the—ebove inffflTmetlfrn **■» been included. 4jnPLICMn*S S16IIAT0RB 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. J^licant's Signature Date 44^ OmS SlGHATtniB The owner hereby ac)cowledges and agrees to this application and further snthorizes 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 gy 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 meet Inge of the Planning Commiaaion and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building fi Zoning Office of this change prior to the meeting. % % rr*' - '.V' 'b I u, h:l ^ ■ 'CW t V 1 ; I IT ^B'(3) 1 ------------!ilJ------------ r ' J ' » ii . w«i« I •» ••1 •■ nil f 1 ^ TO . ‘ 1 (V -919 rm 99 OH-117-^-m • life V !Mi3i ' , . 5. r* Aim I ^i P : 1 % 41 ti .1* t I n r 7. > t- A' •f ■t: li)mm DATE 0A/2A/90 HENNEPIN COUNTY PROPERTY INFOR^fATION SYSTEM PROPERTY OI^RS LIST DATCN DOS MOD AOM mmn naic TAXDArfR mm/MOM CDtCR NANI TAXDAYEII NAME/AMi PROP ADM ONNER HAMi TAXPAYER NAIC/AOM PROP AOOR OmER NAME TAXPAYER NAME/AOOR mmm SB 03-117-23 33 0001 OOOSa ADDRESS UNASSIGNEO STATE LAND DEPT STATE LAND DEPT CONVEYANCE PENDING 38 0^-117-23 41 0005 02420 FOX ST JOHN N I SUSAN 8 RINGER JOHN t SUSAN RINGER 2420 FOX ST NAYZATA m 55341 38 04-117-23 43 0004 02425 FOX ST DIE PETERSON OAVID E PETERSON 2425 FOX STREET NAYZATA m 55341 38 04-117-23 44 0004 02401 RAINEY RO RAINEY HAItlAH ANDERSON RAINEY NAmAN ANDERSON 138 GROVELANO TER MPLS m 55403 38 04-117-23 4i 0001 00505 HILLOH DR S HIILIAH G ROBINSON NILLIAM G ROBINSON 505 HILLOH fR S LONG LAKE m 55354 30 04-117-23 41 0007 02580 FOX ST JOHN a A IDSTROH JOHN B A IDSTROH 2500 FOX ST NAYZATA MN 55391 38 04-117-23 44 0001 00038 ADDRESS UNASSIGNEO STATE LAND DEPT CITY OF ORONO ROAD 10/1/82 ST DEED 161420 30 04-117-23 44 0005 DEr84IS F KUMLIN DENNIS F KUriLlN 2665 FOX ST NAYZATA m 55341 REPORT NO. PI435401 PAGE 5 38 04-117-23 41 0004 00038 ADDRESS UNASSIGNEO NILLIAM E OGRAH ETAL DEAN R LINDBLOOH 265i> FOX ST NAYZATA MN 55341 38 04-117-23 42 0010 02620 FOX ST THEO NANGENSTEEN JR TRUSTEE G JAY i T L BUHRER 2620 FOX ST NAYZATA m 55341 38 04-117-23 44 0002 00036 ADDRESS I USSIGNEO LYNDON S STUBBS ETAL LYNDON S STUBBS 185 OLD CRYSTAL BAY RO L0r4G LAKE MN 55356 V= \ TOTAL BATCH OOS 00011 lO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AMO TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUMTT DEPARTHENT OF PROPERTY TAXATION, TO THE BEST OF HY KTAIMLEOGE AND BELIEF DATE DLAW . JfTli. L> PETFJl W Jt>HNS< »N X)H>W mX)0 JR rjUOe L PHL£G£R WARRLN V BIGEXf JR C tjCOTT MASSl£ JAME5M VX.VrV'RA WILLIAM R KOLMC. ANWC SCHULZ RJCH.\RD I SCHTEFTFR 8RUH H. GAVfGUO THOMAS A. SCHL'LEMBeKG II Johnson & Wood ■ : ; L \ \ K * - : ; ' " ? . f r H N ‘ : i ' T t ; f • •• r . j I * ^ .M •, I S V H M M t R I t 8 ‘. V H Mv*'-!SO MlSSf^')r% ‘ -I TlLtPHU>t 4 T E L f lOPlE R - ; • . I VKl L J MH>LRl I KM iwnjir' M4.mnv*n I AMP I HI R21 1 K ► r>n>i '^vwHxn 6 Him March 5, 1991 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re; Bill Stubbs Land Title Registration Dear Jeanne: Enclosed please find a copy of our Application, tc- ‘■her with copy of the survey, which we have submitted with tii« Application, shoving the property we intend to register. Previously, we were going to register additional property in the northeast corner of the lot, but we have decided that the complications in registering that part outweighs potential value. You should also note that the boundaries we intend to register are very close to the existing fence links, so I don't think a neighbor should have any problem. P. b- I i h- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN V ( ‘'Fi^iiRTH JUDICIAL DISTRICT No. In the Matter of the Application of Lyndon S. Stubbs and Lillian Stubbs, husband and wife, as joint tenants,application To Register the Title to Certain Land. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) TO THE JUDGES OF THE ABOVE-NAMED COURT: we hereby make application to have ^^g^^tered the title to the land hereinafter described and so solemnly swear that we kno t ^ contents of this application, and the statemen ^ . --.^ed on of my own knowledge save as to such as are tn be inforaation ^nd belief, and that as to those we believe them to be true. A. Names of applicants are: Lyndon S. Stubbs, age 74; and Lillian Stubbs, age 70. Residence addres.3: 185 Old Crystal Bay Road Long Lake, Minnesota B. Applicants are married to each other. Applicants are under no disability. Neither one has ever been divorced. 0 I:P;-. ■ c. D. E. C acription of land, situated in Hennepin County, Minnesota, is as follows: That part of the Sourhear.t Quarter of the Southeast Quarter of Section 4, Township 117, Range 23 lying east of the east line of the plat of FOXWOOD and its northerly extension and north of the north line of Block 1. in the plat of TREES TO BE, which lies southerly of the following described line; Commencing at the southeast corner of said Southeast Quarter; thence on an assumed bearing of North 00 degrees 40 minutes 40 seconds West along the east line of said Southeast quarter to a point 1584 feet southerly from the northeast corner of said southeast Quarter, said point being the actual point of beginning; thence North 89 degrees 21 minutes 06 seconds West a distance of 412.5 feet; thence North 00 degrees 40 minutes 40 seconds West a distance of 119.99 feet; thence westerly 64.81 feet along a non-tangential curve concave to the south, having a radius of 567 feet, a central angle of 6 degrees 32 minutes 57 seconds and a chord bearing North 36 degrees 19 minutes 32 seconds West; thence North 89 degrees 36 minutes west to the northerly extension of the east line of said plat of Foxwor :i"i said line tuere terminating. The ex' assw estimated market value of the lar... we of improvements, according to •.v«tent is $6,000.00. oe registered, . j last official Estate or interest claimed in the dominant est'te is in j.ee simple and is not subject to homestead. The names and residences of all persons or parties, except the applicants, who appears of record, or who are known to the applicants to have or claim any right, title, estate, lien or interest in the above-described land; NONE. F. The land is occupied by; HAmfi Addre;i s. Navjre of Estate c" Interest NONE te. f^r"rk;' y.. i- f '-r U.: ■r: ■:^K ■iVV I &i iA. w * i:|a f-: •••- i ..- ^ i;-’ -a^Ip- !‘f- ih i-Ifc &.rlr h !*-. --'£ * ** t-’^r life’; G •Liens and encumbrances on the land, recorded and unrecorded; NONE H. Applicants do said land. desire to '.^jister the boundary line(s) of I. Defects, if any, in applicants' t’tle; There is a gap in the legal d. on on the north and west boundaries reused by . of inconsistent reference points with the subjac. ipart” and ad^oxning properties, and in the dimensions shown n the auditor s Lbdivi.,ions. Applicants, Stubbs, claim the property in the "gap" area by the doctrines of adverse possession, practical location and other legal theories. WHEREFORE, the applicants pray the Court to find and declare to grant such other and further relief as shall be according equity. Lyndon S. Stubbs, Applicant Lillian S^-ubbs, Applicant /W'.^'W'/^A'WW^.^AA<V^AA AWWAW *: . 'R ilERENS•; •* Subscribed and this day V V- j •-.vj--,. • voUC-MINNESOTA ^ > mclfoo county•v>*: I My Comrr.issjoii Expite Sept Nota^^Pu APPROVED Deputy Examiner Hennepin County Examiner of Titles Attorney: James D. MacKinnon Attorney I.D. No. 66059 730 East Lake Street Hayzata, Minnesota 55391 Telephone: (612) 475-1515 rr*; ,* ■ . a -Y. ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1524-TRINITY PRE-SCHOOL CONTINUED if the program were oifered at less than three hours. It was moved by Moos, seconded by Hanson, to recommend approval of the conditional use permit for Trinity Lutheran Church for a pre-school program, subject to staff recommendations 1 and 2. Motion, Ayes-6, Nays-0. Motion passed. #1525 WILLIAM ft JOAN WROBLEWSKI 630 PARK LAME VARIANCE PUBLIC REARING 9:06 P.M. TO 9:10 P.M. Joan Wroblewski was present for this matter. The Affidavit of Publication and Certificate of Mailing were duly noted. Qaffron reviewed the information contained in his memo dated May 15, 1990. Kelley asked Ms. Wroblewski why she needed the additional porch area. Ms. Wroblewski replied that she would like enough room to be able to sit on the porch. There were no comments from the public regarding this matter and the public hearing was closed. Hanson asked whether it would be possible for the applicants to place a roof over the porch without obtaining variance approval. Gaffron stated that a future variance would be required since the roof would constitute an encroachment of the 35 street setback. It was moved by Johnson, seconded by Moos, to recommend approval of the hardcover variance to construct a concrete addition to the porch slab. Hardcover in the 75-250' zone shall be reduced to 45.6%. Motion, Ayes-5. Cohen, Nay. Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE PUBLIC HEARING 9:11 P.M. TO 9:30 P.M. Mr. Stubbs was present. Mabusth reviewed the information included in her memo dated Hay 17, 1990. Hanson asked, taking into consideration the drainageway that - 13 - ‘ JU.*. :c: -V > S>'‘ f-' ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED will run through the property, whether there is sufficier. for a building envelope and septic sites. land Mabusth replied that there will not be room to construct a large home, but the lot can sustain a reasonably sized (4 bedroom) residential structure. Kelley asked Mr. Stubbs what hardship he has for requiring a variance to the two~acre standard. Mr. St» Hbs stated that there is no additional land to acquire! He said there will be no impact on adjacent properties. Bellows asked whether a setback variance to the septic code will be necessary. Gaffron replied that such a variance will need to be granted by staff. He stated that in this case, with the drainfield sites located approximately 15' higher than the marsh area, he has no concerns. He noted that a trench system is recommended for this property. Johnson favored the development of one residential site amongst 26 acres of land. Kelley asked whether restrictions as to building size should be established. Hanson stated that tne capacity of the septic system could be used as a guide for the house size. Gaffron suggested that the number of bedrooms allowed for the home be recorded in the chain of title for the property. Bellows expressed concern about the use of bedrooms as a control. She stated that a four-bedroom house could still have 10,000 s.f. Bellows questioned whether it will be possible to sufficiently legislate the development of this lot. She suggested that this may be another parcel of lana that is not meant to be developed. Cohen concurred with Bellows. Gaffron noted that there are ways, through the variance process, to regulate the nize of the house in accordance with the capacity of the septic systems. He cited a particular application for property on Eastlake Street where that was done. He also noted that septic systems are reviewed whenever permits are requested for additional b*»drocms. There were no comments from the public regarding this matter - 14 - * *, Hv‘-:A P' I • ?!^.v P- ^ ;« -V •-n Hh-: r/r; :>'■!. V-- -'p- < !■■.:•- ■»/■ - V y, ^ ■ v-.,;Av r. "' ■ f. p. :--r hl>iL^ ' iM^,- fsi r-ylv- M ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE U527-STUBBS CONTINUED and the public hearing was closed. Kelley suggested tabling this a??liccnion to allow time for staff to determine a method to regulate the i>:te of the house on this lot. It was moved application #1527. Motion passed. by Kellev, seconded by Cohen, to table Motion, Ayes-5, Nays-0, Hanson abstained. #1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9:32 P..M. TO 9:38 P.M Mr, Thiesse was present. Q^ffj^on reviewed the information containec in his memo dated May 15, 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of the house, and when the lake is high, it is below lake level. Hanson e.xpressed concerns regarding questioned whether he could permit rurther property. the location and development of the Kelley stated that it may ultimately be necessary for Mr. Thiesse to use a holding tank to serve his septic needs until sewer is available.. Gaffron stated that the area for the proposed garage could not be used for repairing or replacing the septic system. He noted that the DNR is in the process or revising regulations that will require the City to address the location of the septic system. He said the issue of sewer/septic i.«; s ‘parate from this application. Mr Thiesse presented photographs snowing his property the property adjacent to his. .Mr. Thiesse noted that he had talked with Mr. Don Jaques from Hennepin County regarding access . aoaa. mo^o”^°He^itate?that^h^ include it in the application because of the existing hardcover, br-. would like to have it. There were no comments from the public regarding this matter and the public hearing was close-’. - 15 - I a eia I Jl ^Li n:' ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 70NTNG PILE #1512-RUCE CONTINUED commission meeting. Kelley closed the Public Hearing. Cohen stated that on the one hand, there have been no r'nmnlaintis and the neighbors support Mr. Race. However, it appLent that the business is expanding and that poses a problem beLuse the business is occurring in a residential area. Moos concurred with Cohen. Hanson asked Mr. Ruce if in fact his business is expanding. Mr. Ruce sf -ed that he does not intend to expand the business beyond its present status. Hanson stated that he \/ould be concerned if just one nAishbor had objected to the business, however, that is not the He dif not believe it would be practical to have the vehicles stored off of the property. It was moved by Hanson, seconded by Johnson, to recommend approval of the Conditional Use Permit and uirianee including approval of the greenhouse addition to the Je« of the garagl subject to staff conditions 1 through 6. ^tion, Ayes-4. Kelley, Cohen, Nay. Motion carried. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET CONTINUATION OF PUBLIC HEARING 7;55 P.M. TO 8:12 P.M. Mr. Stubbs was present for this matter. Mabusth provided information that had been prepared since the May 21, 1990 Public Hearing (see Jeanne Mabusth s memo dated June 13, 1990). Mabusth asked Planning Commission for ^h «sponse' to the development controls staff is recommending for this lot. Kelley did not believe that the controls would adequately limit the^ size of a structure that could be built on the property. Kelley asked Mabusth for the size of the building envelope. Mabusth estimated it to be 1/3 to 1/2 of an acre. She asked Mr. Gronberg if he would approximate the size. Kelley suggested using the new L°t Coverage Ordinance to restrict the structure size within the building envelope. ^ "JoSlweied Ini suggested applying the Lot Coverage Ordinance to the area east of the drainageway. - 7 - ORONO PLAIINING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STUBBS CONTINUED Mabusth asked Mr. Gronberg if he could determine the total area east of the drainageway and then calculate how much 15% of that area will be. Moos stated that she would not be in favor of uhe variance because it will be difficult to sufficiently limit the development of the property. Cohen, Bellows and Kelley did not believe should be developed. this property Johnson asked whether it would be possible to to facilitate drainage rather than having drainageway. install a pipe the e.xisting Mabusth stated that a pipe posed more maintenance. Mabusth said that at one point staff realigning the drainageway and asked Gaffron elaborate. fororobiems had considered if he could Gaffron stated that due to the amount of runoff, a P^P® would not be as practical as a swale. He said that staff did recommend channelizing the drainageway. Hanson stated that the lot does meet the standards required to be classified as a buildable lot. Hanson questioned whether it is currently accurate to state that 600 gallons of water per day and four bedrooms are one and the same. He sugc ;ted that the City may wish to further examine that issue. ~on a] o suggested monitoring the amount of water usage with am., staff recommended. Kelley and Cohen disagreed with the use of a meter because of a lack of an appropriate penalty should usage exceed 600 gallons. Gronberg reported that the area east of the drainageway is 3/4 of an acre, 15% of which would allow a 4,900 s.f. footprint. Mr. Stubbs noted that the zoning for this parcel at the time he purchased it was one acre. Mabusth recollected that area variances have been approved on the basis that zoning for a given area changed subsequent to the property being purchased and that septic testing confirme adequate and suitable area for principal and alternate on site sewage disposal systems. In this c®®®' ^^^® capabilities limit the future residence to four bedrooms or t>JU gallons/day use level. Hanson noted that septic testing has indicated that gravel. - 8 - 1 ;.A: W' t- F' ORONO PLANNING COMMISSION MEETING HELD JUNE 18, 1990 ZONING FILE #1527-STUBBS CONTINUE!* the most suitable condition for : trench system, exists. Kelley stated that he would like to have t'e wetland preserved for eternity. Qity v.ould take a flov/a'^e and e wetland for the purpose ofMabusth stated that tha conservation easement over preservation. There were no cc:nments from the public regarding this application an the Public Hearing was closed. It was moved by Johnson, seconded by *r.r»T-nval of the lot area variance. subject to staff JlSeidations 1 through 6 and that the Lo . ^over^® be used to limit the development of the property and that baaed on the dry buildable area of 1.40 acres. Kelley asked lihnaon % he would include the flowage and conservation easement ov^? the wetla^^^^^^^^ agreed, Cohen seconded Motion, Johnson, Aye, Nays-4, Hanson abstaineo, due tc his interest the property. Motion failed. to recommend Lot Coverage drainageway. to 3 bedrooms usage. The prior to the Kelley, Aye. It was moved by Kelley, seconded by Cohen. utfd h^edTn^thr arerfst St th% It is further recommended that the house be limit and that there be no meters used to monitor water hardship is that Mr. Stubbs purchased the property property being zoned as a two-acre parcel. Motion, Nays-4, Hanson abstained. Motion failed. It was moved by Cohen, seconded by Bellows, to recommend denial of the lot area variance. Motion, Ayes-4. Johnson, Nay, Hanson abstained. Motion carried. #1532 FULLERTON PROPERTIES, INC. 2225 6TH AVENUE NORTH PRELIMINARY SUBDIVISION « o-, « u CONTINUATION OF PUBLIC HEARING 8:22 P.M. TO 8:27 P.M. T. Joe FranL, Developer, Hr. Mark Gronberg. Surveyor, and Mr. Ton HiSalet. Realtor, were present. property involved in this subdivision, was also present. Mabusth referred the Planning .'L® June 13, 1990. for updated information regarding the issues of ?his subdivision. iLbusth asked the Planning Commission for their opinion of granting a blanket conditional use permit for accessory structures on the four through lots of the plat. The Planning Commission had a divided opinion as to v/hether or not to grant a blanket conditional use permit. - 9 - -r,-t-'K tv 1• V*-, t|' iCff\ ORONO REGULAR COUNCIL MEETING HELD JULY 9, 1990 #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE Mr. Stubbs was present- City Administrator Bernhardson reviewed the major issues involving Mr. Stubb’s application for a lot area variance. Councilmember Goetten stated that she was surprised that the Planning Conunission had- recommended denial of this application. She said, "This is something that we have done in the past. It appears that staff has gone to great efforts to find suitable controls for the property. The only additional control I suggest is that the architectural plans, when prepared, should be submitted to staff for approval. The wetlands severely ximit tae buildable area of the site and we want to proceed in a cautious manner if this is approved." Councilmember Callahan indicated that he concurred witn the Planning commission's recommendation for denial. Mabusth noted that there have been similar applications for lot area variances that were approved. Mabusch informed Council that conventional trench systems can be used on this property due to the excellent soil conditions that exist. It was moved by Mayor Grabek. seconded by Councilmember Goetten, to conceptually approve the lot area variance for Bill Stubbs and direct staff to prepare an appropriate resolution. Goetten asked Grabek if he v/ould consider amending his motion to include a condition that staff must review the architectural plans before final approval is given. Mayor Grabek amended his motion, Goetten seconded. Motion. Ayes-2. Callahan, Nay. Motion passed. #1532 FULLERTON PROPERTIES, INC. 2225 SIXTH AVENUE NORTH PRELIMINARY SUBDIVISION RESOLUTION #2826 ^ ^ Mr. Joe Franks, Mark Gronberg, Tom Haislet and Jim Cox were present for the review of this application. Councilmember Callahan asked for clarification regarding the additional 7' of right-of-way that will be taken by the City from Mr. Cox. Bernhardson explained, "The City is requesting an additional 7* of right-of-way along Willow Drive. The right-of-way will only be taken from what is now designated as 'Outlot A'. Should it become necessary for the City to upgrade Willow Drive to an M.S.A. Street, the City would need the 7* of right-of-way. However, should Hennepin County pursue its plans for Cour ./ Road - 5 - 7 ?,'vw - ORONO REGULAR COUNCIL MEETING HELD JULY 23, 1990 •/nMTNr PTT E il502-HILBELINK CO.ITINUED , , . L! Jentilucci asked when the drainage project would begin in relation to construction of Mr. Hilbelink s hou Mayor Grabek asked Mr. Jentilucci when he preferred that the work be done. Bernhardson stated that the work would more than likely be done before construction begins. Mr Jentilucci stated that he wanted assurance that the drainage work iou!d be done before there is any hardcover on Mr. Hilbelink's property. It was moved by Mayor Grabek, seconded by Nettles, to adopt » i2839 as amended to include language requiring that thrdralnage project be completed before any hardcover exists on mS HilbeUnk^s property and that the existing draxnage swale ?n its oresent location. Further, that Council approves thragr«ne« Ltween Mr. Hilbelink and the City division of costs for the drainage project wherein Mr. Hilbelink has aareed to pay $400.00. Motion, Ayes-4, Peterson, Nay. Motion^passed. Peterson objected to granting variances or a new residence. #1516 WHITNEY MACMILLAN 1560 FOX STREET final subdivision approval RESOLOTIOH #2840* councilmember Mettles, seconded by r«Mnr-ilmember Peterson. to adopt Resolution #2840, granting final p!aripp«val fo"°Mr\ and Mrs. Whitney MacMillan. Motxon. Ayes-5, Nays-0. Motion passed. #1527 LYNDON S. (BILL) STUBBS 2555 FOX STREET VARIANCE RESOLUTION #2841 Mr. Stubbs was present. councilmember Callahan indicated that he concurred with the Planning Commission's recommendation that the lot should not developed. It was moved by Mayor Grabek, seconded by Councilmember GoetteS, to alo;r Res'^lutLn .2841, granting a lot a,ea varxance for Mr. Bill Stubbs to develop property located at 2d55 Street. Motion, Ayes-4, Callahan, Nay. Motion passed. - 7 - ■r' r - ■ s Hr < )f OF^ONO 5695853 City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2841 _________ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) PILE *1527 NHEREAS, Lyndon S. (Bill) Stubbs (hereinafter "the applicant”) is the owner of property located at 2555 Fox Street withxn the City of Orono (hereinafter "City") and legally described as follows: Lots 9 and 10, Auditors Subdivision #229, Hennepin County, Minnescta (hereinafter "the property"); and WBBREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a property that consists of 1.46 acres of dry contiguous lands instead of the required 2 acres in area. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1527. 2. The property is located in the RR-IB Rural Residential Zoning District requiring 2 acres of dry contiguous area. The subject property consists of 63,598 s.f. or 1.46 acres in area (.06 acres of drainageway). 3. The Orono Council reviewed this application on July 9, 1990 and conceptually recommended approval of the proposed variance based upon the following findings: A) There is no additional dry buildable land adjacent to the property to increase building envelope. B) Adequate and suitable area for on-site septic development has been found in the upper elevations of the property. C) A house can be located on this site meeting all required setbacks from wetlands/drainageway and street. Page 1 of 6 City of OFIOINO ri I V RESOLUTION OF THE CITY COUNCIL NO.2341 OF^ONO D) The location of t.v-a house will provide minimal impact on existing residential development to the west. The DxoDertv was zoned R-IC requiring 1 acre in area at tie time ?Se^!pilicants purchased the property 20 years ago. community. p;op«ty''ire Tecultar "‘and do\lTtppirienora^^^property are pecux^aj. u orantina the varianceoroocrtv i.n this zoning district# t y ^ ^ a ^ r* nor SScersYrVto^alllvia^e^ tant^A ‘^/ighr o7'thJ rnd^JoVxYre In ^ the Zoning Code and Comprehensive Plan of the y- CONCLOSIONSr ORDER AND CONDITIONS o™. cu,“~;.rr;u;."s v™;« s%SS'‘ H-L's: . lldable land instead of the required 2 acres, suoje following conditions: 1 Prior to the City issuing a building development . 3. Prior to the dev elopment of fin^ ,-..a=;^.rd«Vno?ment cf tETs propertXt £5s luture owner ? f— Page 2 of 6 (;i! YORONO City of ORONORESOLUTION OF THE CITY COUNCILNO.2341owner's consultants shall meet with the Orono Building ^Z^ni^ staff so that the special conditions o^ this variance applicationmay be reviewed.4. Upon application for a building permit the deve loper sha 11 provide a grading plan for alteration of drainageway. Such plan shall be subject to review and approval by the City Engineer. The alteration of the drainageway shall be confined to the excavating and defining of the banks of the drainage path. 5. The following snail be the guidelines for residential construction on this severely limited site: A. Future owner placed on notice that the water use for the residential structure is limited to 600 gallons per day or 4 bedrooms. The residence must be installed with a meter to determine water use levels. The meter shall be so installed so as to determine the amount of effluent entering septic systems and shall not monitor but exclude the water usage for outdoor landscaping. B. No setback variances are to be granted for the proposed structures. Said structure must meet the 50' setback from the street lot line and a 26' setback from the drainageway and wetlands area as shown on the attached survey as page 5 of this resolution. C. No grading or filling will be allowed within the 26 setback area. All fill resulting from new construction must be stored out of the protected area. Applicants to design a house that wi]l provide minimal impact on existing elevations. The only approved excavation to be allowed in the protected area will be the modifications to the drainage ditch that intersects the current building site. •r • All structural improvements at this site shall be limited to 15% of the dry buildable envelope as defined on the survey included as page 5 of this resolution. Structural improvements shall consist of house structi^e» garage, patio and swimming pool (this includes water retention area of pool), and tennis courts with fences in excess of 6*. Upon application for a building permit, future owners surveyor shall confirm dry buildable envelope as defined in above referenced exhibit. Page 3 of 6 r i.' Jr t'- \iKI*. ri.:‘ r/. rl;~ ..Hr: r.. 'fe': I'v r-5 % t't.: t • rtf.. i'y< City of OROINO I I I V I li OHONO RESOLUTION OF THE CITY COUNCIL NO. 2841 6. 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 (July 23, 1991). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. ^ Adopted by the Orono City Counci) on this 23rd day of July, ( ST: ^rty Owner (s STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor t City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. FUMJO . MWNCSOTA ijnSSu Page 4 of 6 'riihillftilli' 1 - ^ I ■ ■ir. v:^ - r' ■ mr~-:. ■ J- f- •H 00 CM o 2 s:o H D Oto Mo: / L _ Q c o ■ V ■ ■■■■■, vs..^^Y ’*-tlT‘ t >\ V \ <; V \ \a/<99 ‘’/52<^”£ \ V \ \ <=» m!r"*^' ^ -V\ \ -V \ \ \/ \ \ ' ^ *A_ V X'^-V X '' -v-------------- . \ \ ^csj * A /t f ft \ 1- i \ \/ .V \ U \ r^4s*k 77,^ Qj^y vjuv\A De.F»N'eb vj i'Hjk Li/h« O - : / o (ZoV-eKA-^i-e ^llou^tmC'^ u2 Xop-eWy ^ \Po ^ (V 0 b< v/v 0)cn (tjpu '7 H::. v'. ■ ,v'V ‘,';i :.-, -. ** Irl-K' i. ;-' V : ' li ,, ' ;.r; ;. '■■i." r '« City of ORONO Cl I Y RESOLUTION OF THE CITY COUNCIL NO. 2841__________ ORONO STATE OF MINNESOTA ) ) ss. COONTY OP HENNEPIN ) On this xA notary Public within for fiid county, personally :Vs) das=r?^id in and *°Vare a! un T:nx5 _____^ ^^—r— before me a Notary J>ublic ^within^ an_d for appeared the person 199 O his (their) free act and deed. notary publ ^ TMIRE8A L. NAAB “K5iS?iS<5S!^* Mr my ColWl'iS^fON EXPIRES STATE OP MINNESOTA ) } ss. COUNTY OP HENNEPIN ) On this day of u/u_______199^ before me County^ personally appeared known to me to be the K" .cknow!Sdged Jhat he (they) executed the same as hxs (their) free act and deed. MY COI ION EXPIRES Page 6 of 6 Y « J r t City of ORONO ( M V RESOLUTION OF THE CITY COUNCIL NO. 2841 ORONO EXHIBIT A m/ fe 'A •/“/«*. A ^0;,%/ 2S7z.^f rtt^ M p/ flAJ^sr^rr p/A* k'Yw p/ ftr. LEGAL DESCRIPTION Pnr 1. That cart of Govcminent Lo^: Seci.ion 35, Township HO, Kongo 23 descrjl>Kl as bogiruning at the Northwest corner of the East half of the Southeast Ojarter of said SL'ction 3">; «.honce North along the East line of said Governnent Lot 4 a distance of 302.05 feet morn or loss to a point 29fl0 feet North fron the Southwest corner of said Cast lialf of the Soutlicast. Quarter; '.liencc V^cst: deflecting to the left 88 degrees 22 minutes# a distance of 264.11 feet to thi* West line of the East 264 feet of said Government Lot 4; thence South alonq said West line a dist.ancc of 362.05 root inu'e or lc*s‘» *«» H m? r.is* aiHl l>kist Quarter line of said Section 35; thence Cast along said Quarter line to U k ? p^mt of ho<iiiinuuj, accordiiig to the Government Sur vey thereof . Par 2. That part of Government Ijot A, Soc»:ic*n 35, l»^nr.inp HH, IVnrp' 23 ticscrilxxl as beginning at the Northwest corner of tlie Cast lialf of U k : Sc^nUio.*!.*;!. cj^uartcr of swiiil .‘rvtion 35; 1.lienee Skmth along tlie Cast line of said Government lot 4 n distance of 53 fci:t irnrc or le.s.s to .1 i:x)ini 2572.05 feet Nortli from the Southwest cx>mer of said Cast Kilf of llie GHXii.lK.'ai-it Quarter; tlicncc t^si: deflecting to tlie right 88 degrees 10 minutes# a distance of 264.14 feet to tlx! v>*c‘St line of tl»c Eist 264 le^t of .said Government Lot 4; thence North along said West liiie a distance of 6n.03 feet rorc or less to the IVist and West quarter line of said Section 35; thence Cast along .said Quarter line to the point of lx>ginning, according to the Govern- foent Survey thereof. I ♦ .U>t— '> 1 RESOLUTION #2841 ' ^ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF OHOMO ) ) ) ) ) T n^,.Athv M Hallln. City Clerk of the City of Orono. Hennepin 1 Dorothy M. Hailin. gity j have compared the county, "‘"“•”*V,Aolu?^o7of Ue cVty council of the City of Orono 5?:;‘ti:Vr?/ln.l r.=o%^ oV“^uch^^^^^ In the Hlnuteo of the jJo.e.Ol... of oeU Clty Councll .t^e neetln^c^of^oald^CUy^C^^^^ held nSd oorreot «py of reeolutlon wan duly adopted by aald City Couneil at said meeting. in Witness Whereof. I have hereunto set my hand 15th . day of August- - - - - - - - - - -- - - - - - -* ■:.V^V • >/ ■ v[ '■!m. V- -li** > • I i .V** ‘ ••••■rV'- " Xi-rt* -p* .v''';*- •. y^n llin. City Clerk I-' .•■-C-.'r K ' * . ‘ • V • P ^ •• w . - . • ‘ • s *. . • ' « » . ■ . ' ^ 1 •• . K , I. V ,.* « .W •• •* . ■:''i.' I-* r» .»4 t a * ^ mr) A,: ; V- * ■ ; m *■ • * a !»'■' r.,. -Kf ' V «/ e a ;u . . fl J' '■A'--; 4. - i « ••J C/1 • > A f'.:J :I 1,-^ J" ^v* ■■■' y-'- ■'■-Vr-T C •• i^r-’ ,is->r f'v' h t- ■i'/'W.. ■ \.\y' 1 !' ftv '* -r-. • ■; ('. . ■: H 5r--^- ill'" ■• .'?K t* ' ‘ • ,? ■•*- *1 '•■»'!'?'<' To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson %*45Cx ^<r </> Ptob: Dates <v»>.Jeanne A. Mabusth, Building & Zoning Administrate y "Q July 5, 1991 Subject:#1666 Michael Hilbelink, 2180 Prospect Avenue - Renewal Variances - Public Hearing % % Pertinent Ordinance- A.Section 10.28r Subdivision 5 (B) - Lot area variance. Required » 2 acres Existing >■ 27,040 s.f. or .62 acres Existing exclusive of road easement ® 22,490 s.f. •516 acres Variance ® 64,630 s.f. or 1.48 acres or 74% B.Side Street Setback Variance. Required ^ 50* Proposed with Application #1502 Variance - 20' or 40% Proposed with Application #1666 Variance » 9' or 18% 30' 41' Bist of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Application Applicant's Addendum Property Owners List Plat Map Resolution #2839 Former Site Plan Revised Site Plan Doseription of Request Applicant has applied for a renewal variance for lot area and a side street setback variance for an amended proposal. New proposal requires less intense side street setback variance ~ former at 30*, current at 41*. Applicant notes that he has been unable to successfully sell the property because of the death of Nr* Curtis and that the property has been tied up in probate. !l^e revised grading and drainage plan has been submitted to Glenn Cook for his review and comment. He notes that the revised proposal will have no impact on current drainage nor on adjacent neighbor to north's property. Members should be advised that the !n discussed upgrading of the drainageway along the northmuc property line has been installed. Property owners within the French C:_ _ _ _ Creek plat have agreed to allow the City to extend the drainageway to a detention pond further west within the French Creek plat. This was completed some time last fall. - I •'. Zoning File #1666 July 5, 1991 Page 2 Hardship Stateaent Please review Exhibit E, Resolution #2839. The findings and hardships are set forth in the resolution. They remain the same for the current review. Conditions of approval set forth in the resolution must be amended as certain items have been completed, such as Conditions 1 and 5. It has been confirmed that applicant has not made payment of $400.00 to the City for his share in drainage improvement. Payment must be made immediately to the City. If the previous hazardous building charges have not already been assessed against the property, the City will expect this amount to be paid prior to Council granting approval of the renewal variance and filing of resolution against the Chain of Title. . staff would request adding the following condition: Prior to scheduling the application before the Council's review and action, all outstanding payments to the City resulting from the former review and approval of application #1502 must be made to the City. J liSfp- m p : ■ ‘i> rr '•' •^ '’ ■ . . mm- !* ■'< ■ !t: ■i)m ':i I'C'.- ■ Zoning File #1666 July 16» 1991 Page 3 Additional Cements and Planning Commission Recoomendation - The Planning Commission recommended unanimous approval of the renewal variance application for lot area and side street setback. The enclosed resolution has been drafted for Council's review and action. mm r . i' K: 1^. V A RBSOLDTION GRAHTING rbmbmal variances to MUNICIPAL ZONING CODE SECTION 10.28f SUBDIVISION 5 (B) PILE #1666 WHEREAS, Michael Hilbelink (hereinafter applicant-) has an interest in the property located at 2180 Prospect Avenue within the City of Orono (hereinafter City ) and legally described as follows: Refer to Exhibit A attached (hereinafter "the property")? and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence on a lot that consists of 22,490 square feet or .516 acres where 2 Acr08 Is r€qulr6d and a side/street setback variance that would place the structure 41* instead of the required 50'. MOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1666. 2, The property is located in the RR-IB Single Family Rural Residential Zoning District requiring 2 acres of dry contiguous land. The property consists of 22,490 square feet or .516 acres. 3. The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the renewal variance application as proposed based upon the following findings: A) The property consists of .516 acres and is subject to 2 acre zoning standards. B) The area of the property is consistent with the surrounding one half to three-quarter acre pattern of development within the Crystal Bay neighborhood. C) The property is served with sewer Page 1 of 4 • j r ■ * -t ’ r-r'.•>, •' . - * »• •• •: • ‘.' ■ i:it •■«,. : r.:if -f^r: h'V:- I , mif^AiPM- V ..••'i'- m^'. tr>. ^■>■A ^#4 » m-A-r^rx pr I?*; •, mw tP-pr 'k'' • ■..;^v 4^, m'- :|f : & • D) There is no additional area available for acquisition to increase the building envelope. 4, The City Council has considered this application including the findings and recommendations of the Planning Commissionf 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 C(miprehensive Plan of the City. OONCLUSIOHS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a single family residence requiring approval of an area variance of 64,630 square feet or 1.4 acres at 74% and a side setback variance of 9* or 18%, subject to the following conditions x 1. Upon application for a building permit for new residential construction, the City shall require payment of $6,963.84 incurred by the City as a result of a previous hazardous building action against this property. Applicart shall also provide proof of payment to the County for all delinquent real estate taxes, special assessments and penalties due on this property. 2. New driveway access at Briar Street must be reviewed by Public Works Director prior to the issuance of a building permit. 3. Connection to municipal sewer prior to the issuance of a Certificate of Occupancy for new residence. Page 2 of 4 1 J r' h.' l/r if? ■'V ,. ^ • *0:- U1 •-■• I; ‘ S;?. I;?:-IV-?; i’i'.v;. >S? ? • ?■■■ ; P IP- v;< .; ^ I' t i>' r*'^V'- 5-T-. ■■ • •■' te': Im^ 4. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 5. Authorities granted by this resolution run with the property not with the applicant, but ars 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 (July 22, 1992). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of July, 1991. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of July, 1991, by P>-bara A. Peterson v Dorothy M. Hallin, Mayor s City Clerk of City of Orono, a Mx:a»esota municipal corporation and said i ment was executed on behal of the City. Notary Public Page 3 of 4 am STATE OF MINNESOTA )) SS.COUNTY OF HENNEPIN )On this _ _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 199before 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 fore-^oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC II MY COMMISSION EXPIRES w STATE OF MINNESOTA ) )SS. COUNTY OP HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ known to 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. m NOTARY PUBLIC MY COMMISSION EXPIRES i Page 4 of 4 i-r I ■V . V vr.Ti-Mr v.'TT.. & ih‘\> I'- ?:v. Vk rl^v... •‘c. EXHIBIT A LEGAL DESCRIPTION: All that part of the Northeast Quarter of teh Southwest Quarter of Section 10, Township 117 Noth, Range 23 West of the 5th Principal Meridian described as follows; Beginning at a point on the west line of the Northeast Quarter f the Southwest Quarter of said Section 10 515.625 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter? thence North 130.00 feet? thence East 208.00 feet? thence South 130.00 feet? thence West 208.00 feet to the point of beginning. i t--t.’l f-':P ri’ I •!*. tx-'- F'*"’ li- 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 Fees (Double application fee) -J property LOCATION Site Address gL/ Z'V * r\r - w^ ^ . . V • i- . - . . . - . .-I, - --'t . — - w v» jl Property Identification Number (P.I.D.) /^^ Attach legal description to application if not included on required survey. 00/f I:. fei..pm|gf:. ■ - , ■ APPLICANT Neune If «• Phone (home) //7(fi ^ _ /y/zc/as ( ^ Phone (work) __ s<:<r /Ckcitv./cut. t (if different than applicant) Phone (home) ^/3 Zy MiL m if" N2une CuAn^ € Phone (work) Address: »3S~I |-(oll(sJ<X<- g<0 Mtv: Brtby.A P«»gK Zip:----3L3<FpL7 Date Property Acquired jO^A^PtKf(s ^/fo (month/year) I (do) (do not) also own the adjacent parcels of land.P>‘ 0: || PRESENT OSB OP PROPERTY fe Present Zoning District Present Use of Property I'/hz/Ur- U-f Res:dential Other (specify) DESCRIPTION OP REQUEST Describe request in detail: Estimated Construction Cost $_ _ _ _ ' / Q f5uA Ll. /of~ >:vf--i ■ if-VARZANCNS REQUIRED>r Lot Area - ■ •ii-. ft:ft as. ^f ft :: »«f: *«ift Setback Variances ( Other _ _ _ _ _ _ _ _ Lot Width Front Hardcover>r Side Rear) ... r HARDSHIPDGSCiribG undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:^- - - - - - - - - - - - - - --- - - - - - - - - I OBSCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:^- - - - - --- - - --- - - - - - - - - - - - - --- - - - - - - - 2. 3. 4. RBC2DIRED SUBHITTALS 1. Completed Application Form , Cej^tified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%"xll" for reproduction). . . .^ u Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8ii"xll"). Sketches or plar of floor & elevation views (provide 1 copy 8>5"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vonr variance application is not complete—ij—the—above ^ "format 1**** 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 knowledge. Applicant's Signature Date OMURS SIGNATURE ^ « ,.k The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Conosission members, and Council members for purposes of investiga tion and verification ot 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 Coemission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. IE :• -i.- m' jMichael Hilbelink 85 Golden View Drive Long Lake/ Mn 55356 June 21; 1991 Orono City Council P.O. Box 66 Crystal Bay# Mn 55323 *-v i •«VS.J o Re: Lot at 2180 Prospect Ave Dear Member's of the Council; I would like to apply for a one (1) year extension of the variance approved in resolution #2839, on July 23, 1990, concerning the property at 2180 Prospect Ave., Orono, Minnesota. I have been unable to successfully close the property with the former Seller's estate. Mr. Curtis passed away last fall and the property has been tied up in probate. It appears that it should be resolved by the middle of August 1991. Once the title has been cleared, I have an in«-erested party planning on building a new home on the site. He asked that a new location of the home be approved. I have end a new survey showing his proposed foot print. Please consioer both these requests at your next meeting. Thank you. Respectfully Michael Hilbelink i''. '= - i- ' HUN MTC Qt/U/n HENNfPIll COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OTtlERS LISTHATCH 005 PROP AOOR ONNER NAHI TAXPAYER NAME/AOOR 50 10>117-23 25 0004 00050 ADDRESS UNASSIGTCD NED INC ET At S.TH»y»r. KAYZATA m 55391 n» ADDH ONNEK HAHi TAXPAYER HAME/AOOR 36 10-117*23 31 0010 02170 PROSPECT AVE BOBBY D JOHNSON A NIFE BOBBY D JOHNSON BOX 123 CRYSTAL BAY IH 55323 PROP AOOR DIMER HANE TAXPAYER NAME/ADDR 36 10-117-23 31 0036 02160 CRYSTAL AVE N 6 J BLUE NARCUS J A JUDY A BLUE BOX 62 CRYSTAL BAY MN 55323 i i-' V. - u;- ADDR OMCR NAME TAXPAYER NAME/AOOR 50 10-117-25 51 0051 0155S ARBOR ST BARBARA J OARCIA BARBARA J SARCIA 155S ARBOR ST NAYZATA m 55591 i-fiff''-'V. ‘m PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 50 10-117-25 51 OOSB 0219S PROSPECT AVE BRIAN L GAMMON PAUL LINDBERG E19S PROSPECT AVE NAYZATA Ml 55591 'i. r;--. 'i: -- .. ,1 ,-V-- 38 10-117-23 31 0015 02150 PROSPECT AVE IRENE 6 MOYTCKE HARK A t TINA M HHITE 2150 PROSPECT AVE CRYSTAL BAY HN SS3'3 38 10-117-23 31 0019 02160 PROSPECT AVE FREDERICK H CURTIS FREDERICK H CURTIS P 0 BOX 556 FEDHAVEN FL 338S<» 38 10-117-23 31 00<*3 01291 BRIAR ST K CURLEY A N KELLETT HR A HRS KEVIN CURLEY 1291 BRIAR ST S CRYSTAL BAY Ml 55323 38 10-117-23 31 0052 01355 ARDOR ST 0 C PETERSON A J H PETERSON GREGORY A JULIANNE PETERSON 1355 ARDOR ST NAYZATA Ml 553 91 38 10-117-23 32 0005 02235 FRENCH CREEK CIR OONALO HILLIAH CARLSON DONALD N CARLSON 2235 FRENCH CREEK CIR LONG LAKE HN 55356 REPORT NO. PX43S901 PAGE 538 10-117-23 31 0017 02160 PROSPECT AVE PATRICIA D ORUMWNO PATRICIA D ORUFMOHO 2160 PROSPECT AVE CRYSTAL BAY HN 55325 38 10-117-23 31 0035 01295 ARBOR ST ARLENE L HOPPE ARLENE L HOPPE 1295 ARDOR ST NAYZATA HN 55391 CQ 38 10-117-23 31 0044 01295 BRIAR ST ALEXANDER J JENTILUCCI ETAL ALEXANDER A DIANE JENTILUCCI 1295 BRIAN ST CRYSTAL BAY FM 55323 C;) }' f -• } (•' 38 10-117-23 31 0057 01335 BRIAR ST HERBERT A SHEPHERD ETAL HERBERT A A HARIE C SHEPHERD 1335 BRIAR ST NAYZATA MN 55391 % TOTAL BATCH DOS 00016 1.^ a ** 175 :R H i 175 :a R ” i R ^ ^ 175 :R R 15 1 ^ US : ' n"i; Mr 60 II Ml (93) 96 Fa«s» ’o" ■V 9 90 90 90 R :d 140 .' ^\ 8 1 •• T« -»«* a ^ / a140 ‘*• 140 ^ a 'V 8 MO “ auo « ;'r75) **‘^ V70) ^ V' 17 a V 10 140rzr q/ I* '«B *v (74) " II (71) ^ R IJ® «fCd4'V' * ------LJfi_140 H ^ J I tA I ' / J __MINNEJ0NKA_ AVE p (40) "90 «>w^“cBWr fi R>i ' ’ft " flQ *1 V i '«o r' i.Ms'or <9S’ (38) a JH33) f s R • '^9(37) " a i a 1 a-MJ6)""« i«o .. liO * A 140 90 R'j 140 Xl r\/’ 6'«o »« 140®^ ; t r 1! • 140 c \ CRYSTAL IC Jr '^51a^2) 8 175 a 1 2x1 <54)8 .•• '^5 8(53)^] (55)8 175 8*8 er.5 • 6f. 3 ? -•••'-‘I-. , . -.-r. r‘ V. 5694430 City of OROINO . I [ V RESOLUTION OF THE CITY COUNCIL NO.2839 ORONQ A RBSOLUTIOH GKANTIN6 varxahcbs to muhicipal sohihg code SECTION 10.28, SUBDIVISION 5 (B) AND DENIES VARIANCES TO SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.03, SUBDIVISION 16 FILE #1502 TRANSfZK IHinm OCfT. Of PR0P£»rf TM k PU«JC«COBOS /^G 21 1990 WHEREAS, Michael Hilbelink (hereinafter l?I.Vect"VvUurw??hyn\“e*clty^£^ "Citr) and legally described as follows: Refer to Exhibit A attached (hereinafter property"); and the WHEREAS, the applicant has applied *-o the City for a variance to Municipal r\'*s/dencron a ■ON, THBRBFORE, BB IT RBSOLVED by the City Council of Orono, Minnesota: pmWHGS This application was reviewed as Zoning File 11502. 2 The property is located in the RR-IB, Rural Zoning District '"sq^re -516The subject property consists of 22,49U squar acres . M?rch”r l9ro"'"Ap?iT"!f,°"l9”o''«"l''May'21?^^^^^^^^^ a) The property consists of .516 acres and is subject to 2 acre zoning standards. Page 1 of 5 INN. DEPUTY : J (; 11 V ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2839_______ b) The area of the property is consistent with the surrounding one half to three-quarter acre pattern of development within the Crystal Bay neighborhood. c) The property is served with sewer. d) There is no additional area available for acquisition to increase the building envelope. 4. The City Council concurs with the Planning Commission's recommendation to deny a variance to Section 10.03, Subdivision 15 (C) and Section 10.03, Subdivision 16 requiring height and setback variances for proposed fencing along the south lot line finding the placement of a fence at that height to be a hazard to the public who use the intersection of Prospect and Briar Street and to find natural plantings along the south line a more acceptable method in achieving the desired level of privacy. 5. The City Council has considered this application Including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the ysfXance 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. COHCLOSIONS, ORDER AHD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Section 10.03, Subdivision 15 (C) and Section 10.03, Subdivision 16 and grants variances to Municipal Zoning Code Section 10.28, (B) to permit the construction of a single family residence requiring approval of an area variance of 64,630 square feet or 1.4 acres at 74% and a side setback variance of 20' or 40%, subject to the following conditions: Page 2 of 5 ■ ife- m; X; : li? r I r VORONO City of OROIVORESOLUTION OF THE CITY COUNCILNO. 2839 _______ s-' li—to the issuance of a building permit by the City Fren?h'cree"k*as'^shoSI!'on^pi^ Engineer dated Julv 2, 1990 entitled "Ditch Grading" must be completed and applicant roust provide proof from the County that delinquent real estate taxes and special assessments have been paid. Applicant is further advised ^'^at there is $6;825.84 incurred by the City is a result of a Hazardous Building Action against this property. This fee is in the process of being assessed against the property. Applicant will have an opportunity to pay this off prior to the formal assessment to be ordered by the Courts. 2. New driveway access at Briar Street must Public Works Director prior to the issuance of a building permit. 3. Connection to municipal sewer prior to the issuance of a Certificate of Occupancy for new residence. 4. City Engineer to review final drainage/grading plans for new construction prior to issuance of a building permit. 5. Granting of a 15* wide drainage easement along the north boundary line and the granting of drainage and utility easements 10* along southern property line and 5 along west property line. 6. With the approval of this variance application, the City hereby agrees to install the drainage improvemen as defined in the above referenced plans. Applicant shall pay to the City a sum of $400.00 prior to your applying for a building permit. This sum shall cover the estimated cost or the excav'ation of the drainage swale. The City ^^rees to maintain erosion control until ground cover is restored. Applicant shall maintain erosion control on his property throughout construction to prevent any restriction of drainage system along northern border of property. The existing drainage swale within th** northern boundaries of the property shall not be moved further north so as to further encroach into the immediately adjacent proper y the north. 7. Authorities granted by this variance Ijj? property not with the applicant, but are pernissive only and must be exercised by application for a within one year of the date =7"'=/^ vaclance will expire on that date (July 23 r 199 ). i-.l- ^ • I ,i' r a'" il- ry.. :rV&'' -'‘v -&‘.T V, ■ . y; ' te'^' p};^r S'-.-■If-A: Adopted by the Orono City Council on this 23rd day of July>,>1990. l%* - City of OROINO •■ I I V f (JRQNa RESOLUTION OF THE CITY COUNCIL NO. 2839 _________ violation of or non-compliance with any of the terms misdemeanor. the property. it:- STATE OF MINNESOTA ss. COONTY OP HENNEPIN ) nonicipal corporation and said instrument was executed on behalf of the City. IxX^c- Notary Public 9-S'-'9^~ My Commission Expires Page 4 of 5 ir a^iii f - -w—.- II. t Ir m • ,.;r. (r: ■■ ■■f:\ ■■-■ K; 'V Si'- Py:m-m City of OROIVO ( ‘I I V I )f OFiaNQJ RESOLUTION OF THE CITY COUNCIL NO.2839 STATE OP MINNESOTA ) COONTE OF HENNEPIN ) j ss. On this tTirr~ir vfx r.onn^y. personally before me a Notary ^ <,,,U> /Oti^nl^ known to roe to be appeared jy\{Q<hQf ( fvJP'^^l} '^uho exec'feed the foregoing - ,-.e„ execu.aa ..e sa.. as his (their) iree act anc aeec. ji\D NOTAPI PUBLIC THIH18A L. NAAB NOTAflV MMUO - MMHIOTA HCNNimN COUNTT_ 1 1 1 1 1 MY d STATE OF MINNESOTA ) }ss. COUNTY OF HENNEPIN ) , 199_, before me CP this ______Lr said county, jJ^-sonally appeared a Notary Public within and Icnown to me to be t.hea wo-caijt -------- jcnown to me to^ be and acknowledged that he tcney/ (their) free act and deed. notary PC3LI my COMMISSION EXPIRES Page 5 of 5 lUiMi ttMq drAi . (M{<t |Dl t fropoifd ctfui 08.00 * eawffi Jio*U» j*iM ^ y 90.0 zr 36f.O S'*..?' i. ;V:. •;a.Vo •Tf' V *1 oa. pRe§PECT .v\-^ .r:;j\r/•• /:• g'Sfwct I'-l->;■.•.•■ |»IT LEGAL DESCRIPTION! All that part of the Northeast Quarter of the South .vest Quarter of Section 10, Township 117 North, Ranus I 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the west line of tin Northeast Quarter of the Southwest Quarter of said Section 10 515.625 feet nortli of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence North 130.00 feet; thence East 200.00 feet; thence South 130.00 feet; thence West 200.00 feet to .the point of beginning. GENERAL NOTES [; j.. *.*. Denotas iron monumcnl Oanotaa cross chiseled in concrete Denotes existing spot elevation Denotes proposed spot elevotion d--------- Denotes surface drainage Dashed contour lines denotes proposed feotures Solid contour lines denotes existing features Proposed top ot foundation elevation = |ofc.& Proposed basement floor elevation » Proposed garage floor elevation ^ )0C, ^ BENCHMARK*. Inv. oT s^or.n scw«r ca UH U*<.in ncnr NW (om«r of ftbovc proper' i ^. Asvvmfcf * loe.o] ALL-METRO LAND SURVEYORS £340 Daniels Street Long Loke, Minnesota 55356 Ph: 476-1433 1 hsroby ctrtify thot this survey, plan or report woe prepared by me or under my direct euperirition ond thot 1 am o duly Replttered Lend Surveyor under the lorn of the Stole of Minnetolo. t^iho SCALE 30' tOOK PAOE to 7 riLC NO. SCO IS A p: • r*-' whf: k•^"V /'i 'i* /. >" ' I -*) ,'.^ ‘■' ::\>y V,mh'*'3'- ’.>■ iil"'' To:Chairman Kelley an'^ Planning Commission Members City Administrator bernhardson !<5 Proa: Date: Subject: OpJeanne A. Mabusth, Building & Zoning Administrator July 30, 1991 #1667 Whitney MacMillan, 1700 Fox Street - Variance - Public Hearing % X e List of Bxhlbits ** A *> Application A1 - Applicant's Addendum B - Survey C - Oman's Memo D - Demolition Permit E - PCA Regulations F - Plat Map G - Property 0%<mers List B *■ Council Minutes 6/24/91 V//-. % Pertinent Ordinances - Section 10.02, Subdivision 16 (A) - Clean fill. Clean fill shall consist of native soils as described in the unified soils classification system. Organic, man-made and reprocessed materials, topsoil and rocks larger than 0,25 cubic yards (2.9 feet in diameter) shall not be considered clean fill. Section 10,03, Subdivision 19 - Prohibition, All land alterations authorized under this section involving filling and grading shall be performed with only clean fill as defined in Section 10.02 above. Deacrlption of It •1*1-St - On April 13, 1991 the former residen t ' seated at 1700 Fox Street was burned by the Long Lake Fire Department. Applicant had obtained the required burning permit from the Long Lake Fire Department and had advised tne subcontractor to knock down and crack the basement walls, remains of fireplaces, and bituminous . . •• _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _mW Aroadways and parking areas around the former dwelling. The remaining was placed on top of the former basement si_ _„....ng was placed on top of the former basement slab and burled with earth. The debris buried at the former building site is not classified as clean fill. Prior to January 1991 both the City and local fire departments issued burn permits, PCA regulations now allow only fire departments to issue burn permits for the burning of all structures• I- k..v/ tV:-' Zoning #1667 July 10, 1991 Page 2 of 2 PCA regulations require noiification if an owner plans to bury debris from burn sites. The sriginal burning permit with the Long Lake Fire Department shoul i have alerted the chief to the plan for burying the foundation. The PCA regulations requires the filing of special covenants on a property if debris is to be buried on site. Applicant agreed to provide a covenant defining the disposal site with the understanding that at some time in the future if construction is to take place near or within the disposal area, that owner will agree to remove any fill that does not meet the current clean fill standards of the City (review Exhibit A-1). At the June 24th meeting of the Council, applicant requested that Council waive the requirement of applicant obtaining a demolition permit from the City. Please note that burning is one method of demolishing a structure. The City requires demolition permits so that official records for a property are current and all individual department files updated or adjusted (i.e. assessor's records, sewer/water or septic billing files, address/property files, etc.). Council advised applicant to obtain a demolition permit and to file a variance to the clean fill standard. On June 25th the applicant obtained the required demolition permit and filed the variance application w.<th the City. Berdships • Please review Exhibit Al. Applicant ’s addendum sets forth the circumstances surrounding the burn of the former residence. Members may also wish to review the Building Official's memo (Exhibit C). <i^'. ||- iM- Bi:^-fe//. Jf'v. 00M’- mm'-...Kgsrrsss^^j?: KiSjS:Pfp'- gift:mm-.'ti'it- -A ^.'v - .v-■V,^. ^-. vj 0•■• _ i;3pg.> 4-n'?i. . 'gsMs.; ■ y-,'■■;■■>.■ mmr.. '•iDSVS - ■mm W¥' •■-'" ,-S. ■ '- . ■. •■ Sonisg File #1667 July 18, 1991 Page 3 Additional Coonents and Planning Cosmission Recoamendations There was little discussion concerning this application. Planning Commission members accepted applicants findings and hardships and recommended unanimous approval of the variance to the clean fill standard. The enclosed resolution has been drafted per the approval of the Planning Commission adopting the hardships noted by applicant 'n Exhibits A-1 and I. 0^‘ <- ■ 0i'' ■i i :■ I fii h RESOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 PILE #1667 WBBREAS, Whitney MacMillan (hereinafter "the applicant") has an interest in the property located at 1700 Fox Street within the City of Orono (hereinafter "City") and legally described as follows; Lot 1, Block 1, MacMillan 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 19 to permit debris from the foundation of the former residence structure, tennis court and blacktop drive to be buried on site, such debris would not qualify as clean fill because the City standard does not r6C09nize organic# manmade or reprocessed materials as clean fill* NON, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #1667. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3.The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the proposed variance based upon the hardships and findings set forth by applicant as follows: A.The PCA regulations effective January 1991 were amended to exclude the City from all involvement in burning permits for structures. The informal communication link between Long Lake Fire Department and City since that time did not address the City’s additional need for a demolition permit when structures are razed via a burn. B.Applicant had obtained necessary burning permits from both the Fire Department and the PCA. Page 1 of 4 / . 4. 5. C.Applicant had contacted all required utility companies to secure legal shut-off and appropriate notification. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions/ light/ air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant/ but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission/ reports by City staff/ comments by the applicant and the ff' ■ ■ ' “ V.D w w w j ^ r ir------------------ effect of the proposed variance on the health/ safety and welfare of the community. 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 Section 10.03/ Subdivision 19 to permit debris buried on the property to remain/ subject to the following conditions: 1.Applicant shall be responsible for completing all restoration of the disturbed area by providing suitable topsoil and ground cover. Prior to the restoration work, Orono building inspector to confirm that former septic site has been appropriately abandoned per Code requirements. 2.Applicant to prepare a covenant to be filed against the Chain of Title locating, via a legal description, the disposal site providing a survey/site plan locating said site with the understanding that at some time in the future if construction is to take place near or within this disposal area, that owner will agree to remove any fill that does not meet the current clean fill standards of the City. Applicant is asked to present a draft of the covenant for tne City'Is review and approval. Page 2 of 4 r 1.4 r--' - -■ k; V? ■. :- ■iV'.rv ■■ ;'•' ■■.!' r ■•■?,' • r. ' /■ ■ ■' U' f. ■ ■ !* ^ •: K. ' r ■'fi.-' r "■''■"'■./? ' K' '■ ^4; i-. *.' •• • i I 1 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 (July 22, 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. 1991. Adopted by the Orono City Council on this 22nd day of July, ATTEST t 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 22nd day of July, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor a City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behnlf of the City. Notary Public Page 3 of 4 it:r.&i CITY OF OROHO - VARIANCE APPLICATION • • Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) •^7 t. * ^ PROPERTY LOCATION Site Address \ ^ DO r Property Identification Number (P.I.D.) t<r p ? r CITY OF WO FlhlA^CE C'FFICE 1 :S50200000 01 OEU 175.00 1313100000 01 OEM 30.00 1222200000 01 OEM .50^ CHECK R 205.50Attach legal description to application if not included on required survey. ~ JECEm-THAm YOU -------------------------------------------------------------------------------------------- T12:{ PhoneAPPLICANT Name vf\^ Address (hone) ^ ^ f 06/^/'^ « rV\acL'VNK\j3LSL0Lv\ Phone (work) r i5(nO Citv=\<l p-»S;; (if different than applicant) •P ; . Name Address t Phone (home)^_ _ ___ _ _ _ __ Phone (work, Y H 3 City;Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USB OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRipnoH OP request Estimated Construction Cost $ Describe request in detail: TOUUIECBS REQUIRED Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) Other ■V^ HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations:_ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ __ DESCRIPTION OF UNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:^- - - - --- - - - - --- - - - - - - - - - --- - - - - - - - - - 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 C'^nter 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 8J«''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 0is"xll"). As an addendum to this application, please attach a separr.te list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that vonr variance application is not comple te if the—above Infnrmation 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 incur^*d 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 OMNBRS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date 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 rmvlmw meetings of the Planning Crmmission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. j r i i; • 1 IIr d ?>l 1 PV ks r r .'■ ■' .3- W 3i :►■',. sV.-, f->:ti"' r (s»^ 0- ■'’ '*1^ 5 >■' k'' ^ ii" ri,.: ■■ 0.H-I June 4,1991 ®5S>:r City Council City of Orono 1335 South Brown Road P.O. Box 66 Orono, MN 55323 J(/,V 1931 Re Request for waiver of demolition permit Residence on Lot 1, Block 1, MacMILLAN ADDITION, according to the recorded plat thereof, Orono, Minnesota TO: Mayor and Members of the City Council: Fbr a number of years it had become obvious that it did not make practical sense for our family to retain the old residence on Lot 1, Block 1, MacMILLAN ADDITION since no one was living in the house, and therefore a determination was made to remove the dwelling house from the property. We made this determination as far back as our going through the subdivision processes with ^ fttgard fo the lot on which this house was IcKated. In connection with the platting of the property, the removal of the dwelling house from the property was discussed many times in connection with the location of lot lines within the subdivision, as wdl as in connection with setback lines respecting the location of the tennis court on an adjacent property. I merely recount this history to indicate that there was certainly no effort on our part whatsoever to blur, hide or make less clear our intentions with regard to this dwelling house, and discussed it with the City Planning Staff as long ago as the early summer of 1990 when the preliminary platting processes were being worked out In the early s( ng of 1991, it was determined that we could both do a service to the fire fighters serving the Qty of Orono, as well as reduce costs and expense, if we would ofe the d%velling house and the property around it for practice exerdses to be conducted by the Long Lake Fire Department serving that portion of the Qty of Onmo. Not only would the Rre Department volunteers benefit from the training, but obviously our family would benefit by minimizing expense in removi^ the d%vdling house from the property. With that in mind, we contacted Mr. Rick Perry, the of the Long Volunteer Fire Department and inquired of him about having die Fire Department do a controlled burning and training exercise at the dwdling house. He was very happy to agree to that and in connection therewith an agreement was entered into ivith the Long Lake Fire Department whidi we understood to be everything which was necessary in order to permit the house to be burned in this controlled burning and training exercise. Mr. Perry assured us that t^~ rfiijinkr t tv / •r Lr* * 4-' the forms that we fUled out were all that was necessary in order to complete the burning of th»^ home. The burning of the home actually commenced on the 13th of April, 1991. Prior to that time, it was our understanding that the City of Long I-ake Fire Department had told the City of Orono of the practice exerdse and had informed the City of the date the burning would occur. It is further our understanding that one of our contractors on our new home being constructed ri^t next door to the old residence, Mr. Bruce Yerigan, had actually taken the Qty of Orono Building Inspectors through the old dwelling house prior to the fire to show them^ what it was like. Prior to the April 13 date, our family conducted salvage operations from the home as did the City of Long Lake Fire Department. It seems to us that there could have been no more obvious indication of what was to happen to the building, and the Orono Building Inspectors themselves had ample knowledge even in advance of the date of the fire that the building was going to be burned down and obviously demolished. Again, our representarives were assured by the Fire Department that all the necessary papers had been prepared for this activity. After the burning occurred on the 13th of April, we are all aware that the rains commenced and nothing could be done further until heavy equipment could be brought onto the site which was done on May 9,1991. During that peri^ of time the Oty of Orono Building Inspectors had been visiting the new construrton site on a regular basis, and the standing chimneys and the old dwelling foundation were piai^y visible from the new house site. Our contractor was not informed of the need for any permits from the City of Orono in connection with the old dwelling chimneys and foimdation. We asked our contractor who is building our new house for us on Lot 2, Block 1 to obtain the necessary subcontracting work to properly complete the demolition of the dwelling house from the property. Prior to the completion of this phase of the work, the well that was formerly on the property was cemented in and capped by an authorized well contractor. The certificate witli respect to that well dmtog was filed with the Stale of Minnesota. The basement of the dwelling house was inspected for die presence of oil tanks. There were no oil tanks in the basement of the dwelling house. The dwelling house was originally coal fired, but switched over to natural gas, and therefore no tanks were required. After the fire had done its work, the only thiiig that remained on the site of the dwelling house was the cement floor, the poured concrete walls and several brick fireplaces which had not burned. On the 9th of May, the day the load restrictions went off the Orono roads, our building contractor brought in GL Contracting, Inc. who did all the earth work in connection %vith our new house. On that day and shortly thereafter, the chimneys were knocked do%vn and deposited in the basement excavation and a large frost %vrecking ball was used to crack the poured cement basement walls so that they could be deposited on the basement slab. In addition, the roadways and parking areas around the dwelling house wer icked up and put into the basement cavity of the dwelling house and the wrecking .11 was used to pulverize the rock so that it .J S:' k-'' f V. »- :'• ‘^r •,'•■• I; made a uniform fill in the basement cavity. There was mixed within some of the rock taken from the roadway a small amount of asphalt surfacing, but that asphalt surfacing had been on the roadway surfaces for a very long time, was very old and dried out and was also a very thin r^^'er, not over an inch in most places. After all of that fill in the basement cavity had been pounded down with the frost ball, the sides of the cavity were bulldozed in and black dirt was put over aU of the fill to make a uniform surface. The basement fill work w.'.s commenced on or about May 15,1991 and all of the cement destruction work and basement fill work had been completed by the 18th of May. It was a complete surprise and shock to be notified at the end of May by your Building Inspectors that an additional permit was needed. We wanted to write this letter to give you the history of what occurred here, to give you what we understand the methods which were employed by our contractor and its subcontractor in doing the actual cement work and fill work to fill in the excavation of the old dwelling house, and to assure you that our family was in all events doing everything which it had been informed it was supposed to do in connection with this demolition. We certainly feel that with all the communication we had with the Long Lake Fire Department and all the communication they should have had with the City of Orcmo about the burning of the dwelling and given the presence on or near this property of the Qty of Orono Building Inspectors both prior to the fire, and prior excavation demolition even to the extent of having be^ led through this dwelling house on a walk through by our contractor for the new house that we should have been informed by someone from the City Administrative Staff that an additional permit would be required. Under no circumstances did we have any intent to evade any permitting requirement. This letter summarizes, to the best of our knowledge, the procedures that were used to destroy ar^^ fill in the basement excavation. We can get more detailed affidavits for the City om our contractors if that should be deemed appropriate. We fed that we are without fault in this matter. We feel that the City had ample notice of what was going on with respect to this demolition, and failed to notify us. This site and the surrounding land is now owned by our family partnership, and there are no plans for rebuilding on the site. We are planning to plant the site in native prairie grasses and to maintain it as prairie. We have been assured by our contractor and the subcontractor performing the foundation demolition work that no PCA Regulations were violated in connection with the demolition of the foundation, and that the only departure from your ordinances was leaving some part of the basement slab foundation and the crushed cement and chimney debris in the ground and adding thereto some of the old roadway surfacing might not meet the definition of clean fill. Under the circumstances, it appears to us to be both \infair and impractical to require that this site be reexcavated at the present time. We do, however, recognize the concern expressed by Jeanne Mabusth of your Planning and Zoning Department that some notice should be given to possible 4^.f: I I ifI B--I future owners of the lot v/ho might wish to build on the old site, that there still exists on the site of the demolished residence, a portion of the buried foundation as well as fill which may not qualify as dean fill under your existing ordinance provision. We would be willing to cooperate in drafting and executing a mn'-jally agr ,ble restrictive covenant referring to Lot 1, Block 1, MacMILLAN ADDPi ;.ON, locating the site of the dc'r'olished building thereon, and providing that any new construction on the site of the demolished building would not be able to proceed without first contacting tfie building department of the City of Orono, or other governmental entity then having jurisdiction, to give that governmental entity the opportunity to review the contractor's plans for nite excavation, to monitor the excavation %york, to examine the condition of the fill exposed, and to then require the removal of any fill on the s*ic, and/ or any remaining basement slab, which has been exposed by the excavation ior the new construction, then determined to be re *. in compliance with the then existing dean fill or demolition requirements of the governmental entity. Very Truly Yours, n EE WAKEFIELD ORONO PARTNERSHIP lJ±=1 Whitney MacMillan, a general partner W: ,v 6j; <6# \T^:-------- f__- jMAcm45W«^^n ’ipN ______: »h 4^%' fl J ! • 4*j V*c^^ I ^ I • < O ! M«ir»riWtfffl* •V // // /.^/ 5V I- -/j t k.\ J 4tm mii^ J *m ,m§ •« ««r V **m M€ •** irt*^^*'' •••• ♦»• •■••^ *•••'•>■*4/1 'A •JJJMT*^ 1 r M W VI ^ v-'.n:'-'"'-----* ii\41 . / y/» •«,••• •** •• •««*t« «-r ^-r ^ /"' 4 " •fti*»« «r*r *•»»•t'f ^ 3 ®" •• SL' 7^ iC* ^ i 5i:'P>i«« ^ i .s--tSA‘X- !. \ :ir:^~-^ '"^ U \ *■■! T4 II ~ nv^ 44^ * •# ?-! ir- \ __________________i rtfT • • f ^ It-U-i V fir ^ "vVJY\ij^ta > m Vi V "*• -;> i?j 5‘ 4;* •••V :urJi^‘S lUSrtSCtm I • •••^ tmornm Mto «• lS» •«,*5.r: ri: ‘-.r.rs’.’srs.r-'rri A. t:III ftt; TO: 61891.1 Jeanne Mabusth, Building 6 Zoning Administrator Lyle Oman# Building Official Date:June 18# 1991 Snbiect: WtfOFox Street As you know# the existing home at Fox Street was burned by the Long Lake Fire Department and the foundation and a section of asphalt driveway was knocked down into the basement and the hole was covered over with dirt# all without the benefit of a demolition permit which would have notified the applicant of the requirement for clean fill. The Building Inspection staff's position on the matter is as follows: 1, All cities require demolition permits for principal structures. 2. A contractor that builds million dollar plus houses should know a permit is required. 3. Inspection staff doesn’t normally remind contractors to get permits (i.e. plumbing# mechanical, electrical# septic# well# fireplace# etc.). 4, Demolition permits are necessary for property tax purposes. 5. Removal of the foundation at this point would not require much more work now than before it was covered over. The top soil can be striped and stock piled in a short period of time and the rubble can then be removed as it would have before it was covered over. Applicable Code Section: Uniform Building Code Section 301, (a) Permits Required. No building or structure regulated by this c^e shall be erecx' i# constructed# enlarged# altered# repaired# moved# improved# removed# converted or demolish€?d unless a separate permit for each building or structure has first been obtained from the building official. Orono Municipal Code Section 10.03# Subdivision 19 - Clean Fill (see attached ). M.P.C.A. 7001.3050 Permit Requirements. Permit by Rule — If In compliance with requirements# P.C.A. notification is required - location standards are to followed - closure standards are to be followed - notification on property deed required# other rules must also be followed (code sections enclosed). 6 ..A; W'rr-i-. t h !&■ I* -V r('^ ' m •ft': k'^ .a- t m i^' i; r CITY OF ORONO APPLICATION FOR DEMOLITION PERMITP.O. Box 66 (1335 So Brovm Rd)Crystal Bay» MN 55323 SPECIAL CONDITIONS & HOLD HARMLESS AGREEMENT Gaaaral Instmctlons ^ ^ ^1. You may be required to obtain other permits» i.e. burning^ well 2a Work nu8^ not be9in unless the permit card is available on the 30 site a 3. A 24 hour notice is required for all inspections. C^^i.^^^“31*Il****** JOB 8ITB ADDRESS: Occupancy Type:Residential ■S NAME: Commercial Phone: Mailing Address:City: GOHTRACTQR'S NAME:Bus. No.: Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Demolition if planned by means of:manual disassembly _heavy equipment burning (by fire department) Permits Issued: # Burning Fire Department # Well Abandonment In return for issuance of said Demolition Permit, the undersigned owner hereby agrees as follows: 1.The structure(s) shall be kept enclosed and/or secured until such time as demolition is complete. 2.Demolition debris will be kept off adjoining property and/or the public rights-of-way unless specific prior approval is obtained in writing for temporary use thereof . 3. 4. Foundations shall be completely removed from the ground. All demolition debris shall be completely disposed of off site in accordance with all appl cable PCA requirements. 5.Water wells must be abandoned in accordance with State Health Department regulations. 6.Inspection required when all debris l.as been removed, before backfilling. 7.Within 5 working days of superstructure removal, a final inspection shall be requested. The site shall be left clean and clear of all debris, with any excavation filled with earth level with the adjacent ground «^levatlon (except when such excavation is to be used as ^rt or a new building and such new building is actually under construction). 8.Th6 und6r6i9ned own6r shall and hereby does indemnify and hold harmless the City of Orono, its agents, employees and assigns from and against all claims, damages, losses or expenses, including attorney fees, against the City, its agents, employees and assigns arising out of' or resulting from the demolition described herein as performed by property o%wier, his employees, agents, subcontractors or assigns* PBRNIT.TyPB AMD FBB CALCDLATIOH ^ S' $50.00 Principal Structure $30.00 Accessory Structure 1. Subtotal of above permit requested 2. State Surcharge .50 3. TOTAL PERMIT PEE (add lines 1-2 above) $, ?:• the undersigned hereby applies to the City of Orono for Issuance of a Demolition Permit, agrees to do all work in strict accordance with the ordinances of the City and the regulations of the State of Minnesota, and certifies that all statements made on this application are complete, true and correct. 8I6HATDRB OP APPLICANT:Date: ir. • •. • • **,'*. . r » • • • ••• #• i'.*. #.* *.'. rfv^Ki-:' . ■ • • ! .. ..■.5y,V;l/Vy‘ . . • ■ r? • ••■/•>,vv .h > .•:* A 5;- . • I- f* 9 • .• .* ♦ * • ; . . Vo. -, • .'A'^•'5}’•. ■ ■ ym^.- •» ■»?* • • • • : '■ Nr'S-.I v::y-, ,* w*. V- • . tfm i t_- • •• • • ••.' H .• **«'^V*i.*. • -V * ^ . - ■;V. y. •.' • ■ -V •■ r ' '<:;.T •vi* - • i SOLID WASTE MAMAGEMENT TACILITY PERMITS 7001.3000 SCOPE. Parts 7001.0010 to 7001.02^3 and 7001.3000 to 7001.3550 govern the ioplication procedures, t.he issuance, and the conditions of solid waste management facility permits. Parcs 7000.0100 to 7000.1100, 7001.0010 to 7001.0210, and 7001.3000 to 7001.3550 are construed to complement each ocher. MS s 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 7001.3025 DEFINITIONS. The definitions in parts 7001.0010 and 7035.0300 apply the terms used in parts 7001.3000 to 7001.3550. to MS s 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 7001.3050 PERMIT REQUIREMENTS. Subpart 1. Permit required. Except as provided in subpart 2, a solid waste management facility permit or permit modification is required to: A. treat, store, process, or dispose of solid waste; B. establish, construct, or operate a sol.d waste management facility; or C. change, add, or expand a permitted solid waste management facility. Subp. 2. Exclusions. A solid waste management facility permit is not required for: A, a bactcyard ccrapost site as defined in part 7035.0300; or B. a sewage sludge landspreading facility operating in compliance with chapter 7040. Subp. 3. Per«its-by-rule. The owner or operator of the following facilities is deemed to nave obtained a solid *»*ste management facility permit without malting application for it, Mleu the commiseioSer finds that the facility is not in eoaq>liance with the listed part: A', transfer facilities designed foe less than 30 cubic yards capacity in compliance with parts 7035.2525 to 7035.2655, 7035.2855, and 7035.2865; B. desnlition debris land disposal facilities | 7035.2825, and 7035.2855; , C. compost facilities receiving yard waste only and in compliance with part 7035.2835, subparts 2 and 3: D. recycling facilities in compliance with parts 7035.2845 and 7035.2855: V I* • e r' ••f.. c. •# I I* w - i] • •. .* ;; e.' r; l'-:” > * •. N*, •; •. i-. •y.i:- . e, (I. • »»• • •% • it • t • • f. •.» .1 J II' •i,. •• • - • • • * I' ;;v iS I-f: % • : -•Sabp. 3.Closure procedure.The closure of Che facility i • must include Che following procedures: . •» ; » • , t > A. disposal* Close access to the facility and prohibit waste < • f. .. B.Eradicate rodents.r Ce Provide measures to protect ground water and 't. ■ • ‘5. • 4 •V>s;./*. surface water • drainage around and away from i - • ••. • • »e »D.Divert surface water je • *1 • the disposal area.^ ■• •* L < f • ‘ : • t. !• P p-•« •u.>1 ' • •• ;:V.T. . •■' 4 •* • ■■•'r.J. *. * • * * .1 ^ •** : \ * • ‘ A“>«‘ ■i ■■:■•!■: • . * : i.'. ; •- . •*: ?i ^ *••A-...*;. ••v K k '. • »• V/^«• 0 • 4?’ , *••». I' • • . »• , • •!:*• . *... .• • I % • &f f-S : .: » • r •*•. • f. . •*••* *' . •• .* • .. ... *'* A • * a,**:*; ' V’ * ••V ‘' ’•« ' *1 • •;.'i •:••.■", I r. • . ^ * A I* •' t * *• ■V's:..k- .»< • r,.** - #. jv^- •• •. A ■r-1-i V • t E. Compact the waste and cover with a minimum of two feet of compacted earth material. F. Establish and maintain final grade to promote surface water runoff without excessive erosion. Seed to provide suitable vegetation. G. Record a detailed description, including a plat, with the county recorder. The description must include general types and location of wastes, depth of fill, and other Information of interest to potential land owners. H. An authorized official must properly complete the disposal site closure record and submit it to the agency. MS* s 115.03 subd 1? 116.07 subds 2,4,4g,4h 13 SR 1150 SOLID WASTE MANAGEMENT FACILITY GENEPAL TECHNICAL REQUIREMENTS ^o;703S.2S2S SOLID WASTE MANAGEMENT FACILITIES GOVERNED. Subpart 1. General requirements. Parts 7035.2525 to 703S»2B7S apply to owners and operators of all facilities that trj»at, transfer, store, process, or dispose of solid waste ex aa specifically provided otherwise in this part. ip. 2. Esceptions. Parts 7035.2525 to 7035.2875 do not apply vO the following solid waste management facilities, except as indicated: A. backyard compost sites; B. recycling sites handling one waste type only or recycling sites established to collect and transport recyclables to a processor in volumes ot loss than 30 cubic yards, except for parts 7035.0700, 7035.2845, subpart 3, and 7035.2855; and C. industrial solid waste land disposal facilities; 0. solid waste from the extraction, beneficiation, and processing, of ores and minerals stored, collected, bransferred, transported, utilized, processed, and disposed of or reclaimed, provided the facility is permitted for such use under part 7001.0020, item E, and chapter 6130. NS s 115.03 subd 1; 116.07 subds 2,4,4g,4h 13 SR 1150 703^.2535 GENERAL SOLID WASTE MANAGEMENT FACILITY REQUIREMENTS. Subpart 1. Onacceptable wastes. The owner or operator of 4. *.*• ' t • • tt:r* \i • ♦?..r •4* •7. r* ti It k: il: is? * I*.* '. f. •• 4 • •> . } ;iv ■ ^V.^ • <• .., . i . • * * .• < . *•••• . ;• j / . J . . I V V- ' t •. *\ • {;I • •«• •••• \ •• • • •.‘\- \i' .* *• ■ * *;-v • •••. • • • »• i • '.u #•* •y. • ll r:-« • V • • • * m*» •% •. I >« ■ i.r- tv • ;y:" • • •4n **v* *■• • «\V •. •** • • •. *. • • t», •• •. •* . • Ml*' I \ *: • rif.v• • • ^ •. . f*» 4. • . • 4 • MVj • • • •• • •• .-‘iJ.:; *• 'Vi'r .. ‘iv.. *. • **•• •:ru • •. ’*4''. , •• :-V'. • < . • ..* i«# • * V • -• • suooar: 3. Tfie raqu:.:e-en:3 :: 3u=?ar-.3 _: lo -4 jpp.; :c : ..-.e:3 and'operators of demolition deoris xanc_aisposa* .ac.^*.-e^ required to ootain a permit under part --0*.-C-0.w Subo. 2. fdcation standards Cor perait-by-rule facilities, ^molitlin debris land disposal facilities ?er-utted-oy-:u*e must not be located: A.on a site with icatst features including sir.Knoles, uisappearing streamsi and caves: B. within wetland areas: C. within a floodplain area; D. within a shoreland area: and E. with a water table within five feet of the lowest fill elevation. must be designed in the following manner: A. Site preparation must allow for orderly development of the site. Initial site preparations must inc-ude clearing and grubbing, topsoil stripping and stockpiling, f-11 SxMvation. if appropriate, drainage control structures, and other design features necessary to construct and operate the facility. sita must b« developed in phases to achieve final fill elevations as rapidly as each phase must take into account weather conditions, site drainage, and the waste flow pattern into the site. C. Surface water drainage must be diverted around and avay from the fill areas. 0. Slopes and drainageways must be designed to prevent erosion. Slopes longer than 200 feet must be interrupted witn drainageways. J E. Final slopes for the fill area must be a rainimura two percent and a maximum 20 percent. p Final cover must consist ct at least two soil with the top 12 Inches capable of sustaining vegetative growth. c. Final contours must be consistent with the planned ultimate use for the site. A. The waste must be spread and compacted to the extent possible. site. B. C. waste must be covered at least monthly. Suitable covet material oust be maintained at the filling. 0. Each phase oust be staked for proper grading and ♦ • % .r ; r/: • ** • ^ * *. A i. *.. • *. *» • • • * . • r * • . I' • ’ *.*».*.• - • r * • 1 . * *• VV I : :• •s J*.V -*a• r. % * : - ' • v;:!'. . . • . • * . ■ i / • • r:^ V- . *. ’i*. • • «.* *- o Vv.v *A* i* - * ’f* . * • v; •?' *« •*. t • .* • .V .*. • • • 'I* • *• • I*.V. 5-. ‘ . v.r. v j; Jiv:- w/ S. A mir.irsu.-ti separation distance of SO feet must be maintained oetveen tbe fill boundaries and t.^.e site prtperty line. F. Only demolition debris may be placed in tbe 1 area. G. Waste at the site must be stored with part 7035.28S5. in accordance ^ Subp. 5. Closure and postclosure care for permit-by-rule ^ facilities. The owner or operator must close each phase as it reaches final waste elevations. The cover must consist of at least two feet of soil capable of sustaining vegetative growth and minimizing erosion. After closure# the site must be *. ^ected at least once each year between June and September for se lament and erosion orobleros. Ail problems at the site must be corrected within 30 days of the inspection. A site closure record must be completed after closure and submitted to the commissioner. A notation must ai^Q be placed on Lhe property dctd indic«einq tfte site ust and loeacion of the waste. Subp. 6. Notification of permit-by-rule facilities. The OMtU ‘dvnmt or operator of an existing demolition debris land disposal facility shall submit a letter notifying the commissioner of the facility's existence within 30 days after the effective date of this part. The owner or operator of a new facility shall submit such a letter before operations begin. The notification must include the initial date of operation, the type of waste accepted, the capacity of the site, the location of the site, the users of the facility, and the expected .•’a •» of cloaurs. Subp. 7. Location standards for permitted facilities. The owner or operator of a permitted deraolTcion debris ianc aisposal facility must not locate the facility on a site: A. with active karst features including sinkholes, disappearing streams, and caves; or B. where the topography, geology, or soil is inadequate for protection of ground or surface water. Subp. 8. Dasign requirements for permitted facilities. Tha ownar or opera ‘c of a permitted demolition debris land disposal facility must include the following items in the facility design. A. Specifications for the site previration must be included in the permit application completed in accordance witn pact 7001.3300. Site preparation must allow for the orderly development of the facility. Site preparation specifications mist Address clAtring ind grubbing# topsoil stripping sne storage, cower material excavation, drainage control structures, and all othtr dasign features needed to prepare the site for operation. B. The site must be developed in phases. Each phase must contain individual cells that will provide for filling to final waste elevations. The owner or operator must consider seasonal dlffarencaa in weather and amount of waste received in Show' on th# ultiaats dsvolopmsnt pirns and the approved Cac'iity closure plan. Ce Surfit-s water drainage must be diverted around and drainage pattern, the need for temporary structures, and other site conditions that might affect sit# operations. I • t. • * . .1 • r »• . *1 r# $• •a I HErtCPIN 'A 3«!l01-117-tS 41 0003 i.-ji'-'j] . OlTOO'^SrOK.ST- ^ > I'TOMNii MIC :^.OUlSMNl\ASSOCIATES‘U y TAXPAYER VilMHE/Ar Xi •■ .:i5': :•'» ■!!■ "ilivi- . »,t .,• S . ! jgU os-ur-ts 4E 0004 ‘ * liH ,■. • CRAl«tAN()<ASSOClATES . PO'ROI(''fSOp ipfPT, ' lets l« V .:B5440 . 1 [, A f ^ , ■' it ;i' PROP AOOR OMCR NAME ’VTAXPAVER :vr:;V FOK ST - 1 j . ’ S^■l^ tHi rv'- 1•^'^MIC/A00R'.•J \^‘4 '* , i'* - i OIMO :; FOX 8T ' CIUIILE8 N HARVIN CHMtiS H KMVIN 1S20 FOX STREET •’} ‘i lii.-v- NAYMTA m.f iSSSYli^ ^ -iir ' . i'« u' -U*117-» 44 «MI ^'.*1':/t f »*.••• • v-l >V • _ ------------ " PROP AOOR .•P oi*SS.^I';EOX ST.; SALLY 0 HANBCRt;i ONCR NANE , , I f TAXPAYER i] SALLY D HANSER iNAHE/AOOR U-Q. 14SS FOX ST 1 >mm NRVZATA MN Ui >,vi.U “ ' SSSYlii : • ;38 • 02 U,7‘ 23 3210006 U560.'FOX ST COAfTY P»r3PERTY INFORMATION SYSTEM FROPINTY OFMERS LIST 38 05-117-23 42 0002 01680 FOX ST . »f1 L HALDRON ETAL MILLIAM L NALORON 1680 FOX ST • NAY7ATA MN 5SS41 56 03-117-23 42 0012 00440 ■ 8ROM4 RO S J 6 A L F MASSOPUST JOHN 6 A LINDA F MASSOPUST 440 BRCVM RC S HAYZATA 55391 \ 38 03-117-23 44 0002 01745 FOX ST SUAO H AZHARI SUAO H AZHARI 1745 FOX ST , HAYZATA r»4 55591 38 03 117 23 41 0004 1620 FOX ST CARGILI. M MTT.LAN CARGILL 1 Mll.I-N . DEPT 28 Bo.. •'' ' MPLS MN 5544U 36 03-117- 01840 FOXST?.'«l ( I i. J..018 , • ' . { HT'.LIAM L HALDRON ' MILLIAM L HALDRON , •; ! I 1880 FOX ST; < HAYZATA ffl ‘ 55591 38 03-117-25 00038 ADDRESS Sl'AD H AZHARI t >I •SUAO H AZ).ARl ^’i ■* 1745 FOX ST HAYZATA HN .55391 • I I - ^V * '"i! * .1 ' t ^ . .-iM •''•;?• s*, ••• i-..: - .-I, •, ’'I' ■ • 'I-■!'!• 0..-V- ‘ !• •■ ‘1 TOTAL BATCH I ( •. '-t 38 03 117' 23 41 CARGILL MCMILLAN LONGRIDGEl ASSOC li yf *? ■ ,. ' I ' .M' .' • f' J'T •. f?!i f •' A*. • *. ♦. I I • t C/O DEBILLBB;1)EPT>28 ^ I po BOX 9300'i. .0005:'fe... J' ii.v •■;=•!.-.• l'.;jR'ET ’AL'i[:;: ^Vrl ll : ;*’jl . ‘.’.I-',' .sv'SN?' 'ftflli:. « I;-f-;.;.. i’«»o ,< ■»» l£.’i • .'ilU l': ' ; V > . . . V MPLS MN 55440 I CERTIFY that THE FACTS REPRESENTED ARE *‘l ACCURATE REPRESENTATION OF INFORMATION AS IT APPEA LS THIS DATE ON THE RECORDS 3... OF THE HENNEPIN COUNTY DEPARTMENT .OF PROPERTY TAXATION* TO THE BEST TU.4 :;9* . ].■ l /r.** , r » :i. I"v ‘ ' i; : and'true'-<i.‘ ••••<* OF MY KNOHLEDGE AND BELIEF I DATEf * J ■ . r M• • •;••5 ii ^ ••‘‘■■c tJ V1‘ Va * • i »' • i '■ I frill!*’ i'i i UyiiK .': , {*1 *•'j !/:T . ATr ift A i r ’1 i □'1 I .it ‘it* •^ • ' 1'♦ .1^ i ’.a •». i-P 10^ 4, '•v:. vO M';r tf'’. rKf: ORONO CITY COUNCIL MEETING HELD JUNE 24, 1991 ( # 6)MACMILL AN CONTINUED the use of clean fill- Mrs. .‘.acMillan stated that the contractor that had crushed the foundc-'ion of the s^‘”**jcture had informed her that the crushed debris was classified ■ clean fill. Butler commented that it is not the responsibility of the Building Inspectors to make sure that property ov/ners secure the proper permits for all fa project. It was moved by JabL -conded by Goetten. to require the applicants to obtain an a*. . :he-f-ct demolition permit for the razing of the principal ot.t^cture located at 1620 Fox Street. Further that the fire departments that serve the Orono area should be directed to notify persons seeking burn permits of the requirement for a demolition permit as well. All votea aye. Motion passed. (#7)SIGN ORDINANCE AMENDMENT Mabusth summarized the information provided in her June 19, 1991 memo pertaining to the Planning Commission's recommendation for a Temporary Sign Ordinance Amendment. Mayor Peterson asked Planning Commission Chair, Charlie Kelley, if he wished to make any comments regarding this matter. K<iley stated that the Planning Commission did not want the Terapcrary Sign Ordinance to be drafted in ^ way that it would over-regulate the citizens. He said, "The Planning Commission's recommendation primarily focused on the need for the business owner to obtain a tor 'orary sign permit. This would also apply in the case of adver i:ing balloon and banners." Butler asked Staff how the City will keep track of the number of temporary sign permits issued to each property to 0SSUJ7Q that no more than four permits are issued per year. Mabusth advised Butler that the City has a compucer program in oiace for recording the uumber of permits issued to each property, and that it is currently used to monitor permits issued on a property. Butler asked if other communities have sim^-lar sign oj^dlnances in place. She added that, in her opinion, such an ordinance seemed to be very "knit-picky". She as’.ed, "How can a person located in a multi-tenant building run a b .siness if th other tenants have .‘^'•pleted the four signs per year, pur building allocation? There are very few free-standing buf.inesses within the City of Orono. Most are clustered under one roof. • Mabusth replied, "In the case of multiple-u5^ buildings, I - 5 - / i 1 '1. ■k' fe 1*.r- p; I ORONO CITY COUNCIL MEETING HELD JUNE 24, 1991 (#6)WHITNEY MACMILLAN r IqSect *to’'S5”e directive of demolition permit "“““I. and Mrs. Whitney MacMillan were present. • j air. /-itraarview of the events that took Bernhardson ® with this application. (Refer to Jeanne place and sqa^ memo). He added that should CouncixMabusth’s June 20, 1991, memo) ^ approve the then be necessary to grant a Variance demolition permit, it ^se of clean fill,to the City's Ordinance requiring tne Mrs. MacMillan explained th^.t she^was for a demolition ^ house, after it had been burned, and crush what remained ® buried in a hole. She stated that The crushed was complete that she received ait was not until the process P obtained letter from the City s?"ed that there was a demolition permit. Mrs. orocess with the Fire nothing in the her to the fact that such a Department or stated that the Building Inspectors had Kef our?o"lhe%roperty several times and had not informed them of the need for a demolition permit. J.bbour suggested thet It mey be appropriate^ to «guire^the p2™it*must”e obtVineT from the City in conjunction with burning a building. ,«busth stated that "IcA °perm?t tppUcaUon Ti“bf d.‘brir‘ t*h.°“a%pU=antrind?«triiat the debris is to of the debris. If tne app ^ certain covenants be filed*'n thrchain of title for that particular property. 1 di=fiirt‘h".t”r.'Vi\‘%r^;id”r^i^^^ - '-n tS2 ^ rl5llril.nts? %e questioned what further action is required on the part of the City Council. Mebusth ‘^Jhh“^e“™e‘ demolition permit to i_ f^r the need of such aWhen City Staff notified the MacMillan s for the need ^ permit, they eent e letter ‘Jat „„tii demolition permit be weived. this issue, that it was today, for a Variance proceeding if »SS“l*’V»ntId%h« ,tocNillan'8 request oSt.i«“ppro«? a V*rlaLe from the City. Ordinance requiring - 4 - Hv. I *V S-f'- 1: Ir. d- i’l-' l-T' f> .'t i \- %-1 July 9, 1991 -N eGiivO- ' To: Orono Planning Commission Re: 1700 Fox Street Whitney and Betty MacMillan To review what we have done (our contractor was not involved with 1700 Fox): -- We signed papers with the Fire Department to burn 1700 Fox and were told all permits were filed. — We had NSP remove an old transformer from thc; nouse. We had Bergerson-Caswell cap the well and were told all legal notifications were made. — We notified the tax assessor. — We notified the septic inspector _ We destroyed the tennis court that had been on the property for 60 years as required by the Planning Commission. — The building inspector toured the house twice, stw the open hole several times, yet waited weeks after we closed the foundation to notify us that we needed a demolition permit. Somewhere the system broke down and we don't feel we should be the victims. There must be cooperation between the start and the public. Apparently before January 1991, Orono Known, as we felt the burning demolished the house and all legalitiss were covered. fire, as required by the Orono Council on June 24, 1991. \^Va<Jc ‘VV'ocJiGzsS- o<Jr. Oocu^ .'V b':. ‘•'frl- r; :• ^ :■ ’ f b\:\- >V ^'r:V P,S' .&■-m't-m. ■fe;'. '^V', . .Sf Hi . i : ■"V'^a.i- IV'■ u ■f' ■r-- ff :■!.l/'-y &'V^ ???■ i.t. ■ i. •;i i; f} I'"' ■ Orono Planning Commission July 9, 1991 The eubcontractor pulverized the foundations and brick with LSorSncrSith^MiAneS^lis"? definition of^clean fil^ The main part of the drive's blacktop was hauled away, ^at was placed in the hole was so decayed it was like black dirt and no piece was much larger than an inch and was very thin. We have packed dirt with the frost ball and are planting a large prairie. It would be difficult and we feel punitive to have it dug up now. We are asking for a variance for clean fill. Sincerely, 3.-^-i iJu- WM/nh J/ll Bonestroo ^i^Rosaie Anderlik & Associates EnglnMn 4 Architects Cno G BoonoDa aotxn w aos^ne p€ jos«y> C Aroen-k pe Mjr\nr L Sorvjia <’E eicnato € Vrier p£ P Coo*L PE r»xynM E pe aoce^t G P£ SuUr. M C P A ke-tr A Gonjon PE Ptraro W Poswr PE Dr'^s^ C SmgjfOt PE je^ * 3<xetioo PE Var« • •Hjmon PE >3 < PE • toojnjnr Pf Pooe^ 9 PE O JZVOU, PE ^•xxnas A yytgi-Mx* p£ Mcnae- C u^xh PE „jfnn 9 W-jro Pi kr^n«r P Aroenon PE 9 BdPI P£ tooer C *iASPA Ai A T^ot'js E Angui PE ^(>/wa<T3 • SJr^^b<C Pf Oa'^e' . pE \Urt * >0 P£ P*'i«c . ^E *v*\ae- PE 2 A^iiis. PE 9 kooencx* k G^rv f PV^'TOT' P B P ^ G^ewe* -n p lime C Piun«i. aja Agnet M Pmg. AiC P ;e*ry O P| Cec*o Ovter pE Men t QfVMMv PC More^ P£ .Wiemer p£ /) A Leo M %<a^ % July 1. 1991 City of Orono Box 66 Cryttel Bay, HN 55323 T^f OTYCf 1 jU (WCNO J Tjnetio^ % % w ^ Attnt Mr. John Gerhardson 5 r. Bet Puaphoute No. 3 .Orono, Minnesota BIA Pile No. 13950 Dear Mr. Cerhardson: is Request for Paynent No. 0 for the Pumphouse No. 3 project. This pay request covers work completed through June 30, 1991. Pa recooaend the City accept this pay request and pay the Contractor the amount due. If you have any questions, please call. Yours very truly. BONB8TROO. ROSENE, ANDERLIK k ASSOCIATES. INC Daryl L. Kirschenman DLKtpahtenc 139S0PR 233S \UHt Highway 36 • St. Paul, Mlrmesota 55113 • 612-636-6600 >^TT7 •H«Ii nl*mat iv.LO m- mm---m iJiK 'm ^ w- i**-- -^. -; f/'ff ■r.- :H:'f: i- P. . ftOJICTt Pufphottt*-Mo. 3 PAYMENT NO.1 8fLACIi Orono. Nlfmtiott FILE NO.t 139S0COMTtACTORi Rlchmar Conttructlon DATEt July 1. 1991 STATEMENT OF WORK Unit Est'd Quantity Aaount Contract Iten Unit Price Quantity To Date To Date IASI BID - PUMPHOUSE MO. 3 Mobllist B Bond L.5.$4,000.00 L S loot $4,000.00 Bit# ** ping L.S.9,500.00 L S loot 9,500.00 Draia Maiu.*)!* B Piping L.S.2,500.00 L S loot 2,500.00 Sltt Grading (Initial)L.S.2,500.00 L S loot 2,S00.0t •ito Grading (finish)L.S.1,500.00 L S loot 1,500.00 Orioavap L.S.5,500.00 L S loot 5.500.00 Coaerota B Masonry L.S.33,890.00 L S loot 33,890.00 Door* Vindov t Rardrars L.S.3,200.00 L S loot 3.200.00 Carpootrj L.S.2,900.00 L S loot 2,900.00 Booflag B Shoot Mstal L.S.6,500.00 L S 1002 6,500.00 Boof Match L.S.1,400.00 L S 1002 1,400.00 Proeaat loof Plank L.S.4.100.00 L S loot 4.100.00 Lah Cahlnots l Sink L.S.3.800.00 L S loot 3,800.00 fainting t ’*• L.S.4,300.00 L S loot 4,300.00 ■ydro-Pnoonatic Tanks L.S.19,300.00 L S loot 19,500.00 Air Cosqproasor Ass'7 L.S.6.100.00 L S loot 6,100.00 frocaat Piping L.S.8.300.00 L S loot 0,500.00 Niac. Plonbing B Air Piping L.S.4.800.00 L S loot 4,000.00 fonp B Motor L.S.18,500.00 L S loot 18,500.00 k‘' ISfSOPt :fe % ______. ../ .j L ,. P«g« 1 I ^ A«.. ■Mtarv. P^nhauao No. 3 PAYMENT NO.t 8 M.Arff OronOa PILE NO. i 13950 DATEi July 1. 1991 STATEMENT OF VORX Unit Bat’d Quantity Aaount Contract Itan Unit Price Quantity To Date To Data BID. COMT'D. flov Matar L.S.2,100.00 L S lOOZ 2.100.00 Ckaek Nalaa L.S.2,600.00 L S lOOZ 2,600.00 Oha«. Paad Bqulpt.L.S.7,000.00 L S 1001 7.000.00 ■Aft* Cond. ft Ventilation L.S.7,250.00 L S lOOZ 7,250.00 •laetrieal (mgh*ln)L.S.6.500.00 L S lOOZ 6,500.00 HOC ft Controla L.S.31,200.00 L S lOOZ 31.200.00 Blac. flsturaa ft Pinleh L.S.6.800.00 L S lOQZ 6,800.00 fnatall 4* topaoll. aaad, tnrtillaar ft nulch Acre 4,000.00 0.5 35Z 1,400.00 ^fOIAL BASE BIO VORX $207,840.00 tBTI WO. 1 (MBstitttt* prafocMtf vail ft roof ponolt |« iiM of wood ohokot on tho oanoard voof L S $2,900.00 L S lOOZ $2,900.00 WTAL ALTBtllATB MO. 1 $2,900.00 OMm MO* I 8TA1T TYWt STABTEE Boviao Mtor atartlng aquip. to •iM S Allan Bradloj aoft atart L.S.$3,360.00 $3,360.00 tOTAL PAIT A - ADD $3,360.00 Page 2 1S9S0PB i ft.-nojicTt rucii Puaphottf Wo* 3 Orono. iiiimptot» eoWlACTOKt tich—r Conitrm tlon STATEMENT OP V;RK I Contract Unit fflT ■ « COLD WaATHlt COHDITIOHS ■•at and cover for natonry vork L.S. Additional labor for cold vaather vork T..S. i.'- '‘■p' Tfporary boating and equip, protection L.S TOTAL PAIT B - ADO ff - r-%-' f ABT A »A1T B r L-..total C8AN6B OBOEt NO. 1 km 0m W MAMOB OKDBl WO. Z flM ^ nTBWlOW PABT B . SPAM BtICK -vt r--'■im BABT C - ALT. CHEMICAL EQUIP. l: I:k PAIT O . BhlCE AOJUSTMENT . i • J*A| 'll'' L.S. L.S. L.S. L.S. ^'T TOTAL CBAN6E OBDEB MO > M TOTAL BABB BID MOBK TOTAL ALTBBHATB BIO TOTAL OUNOE OBDEB NO TOTAL CBAMOE OBOEB NO. 2 S' TOTAL NOBK COMPLETED TO DATE tk- Page 3 ISBSOPB Unit Price $2,930.00 650.00 500.00 $0.00 26S.00 0.00 .28.00 PAYMENT HO.t PILE NO.s DATE: 13930 July 1, 1991 Est'd Quantity Quantity To Date 1 1 1 1 1 1 $3,360.00 4.060.00 $7,440.00 1 1 1 1 1 1 1 $207,840.00 2.900.00 7.440.00 237.00 $218,417.00 Aoount To Data $2,930.00 630.00 300.00 $4,000.00 $0.00 263.00 0.00 .26.00 $237.00 PROJECT PAYMEWT STATif«; CZTTt raOJBCTi mt HO. I COVTIACTOIt Orono, Hinnetota PuBphouaa No. 3 13930 Rlchaar Conatruction OllCmAL CONTRACT AHQIIMT $211,340.00 TOTAL CBAMGE ORDERS $7,677.00 REVISED CONTRACT AMOUNT $219,017.00 fi&ZE 12-5-90 \ '■ i!L CHANGE ORDER DESCRIPTIOM 1 lovla* Motor etarter; Provide heat t labor for winter conditione 2 •*t., tpare brick, alt. chemical equip., brick adjuat. 3 AMOUNT $7,440.00 237.00 TOTAL CBANCB ORDERS • ADO $7,677.00 ;T fATMIlIT SOHMARYi iimEc PBtlOD Bsa TO 1 2 t- ■ 0-1-90 11- 1-90 12- 1-90 12-21-90 2-9-91 2-26-91 4-1-91 9-1-91 10- 31-90 11- 30-90 12- 21-90 2-4-91 2- 29-91 3- 31-91 4- 30-91 6-30-91 PAYMENT VALUE THIS VOUCHER COMPLETED RETAINA6E $22,074.20 $3,043.00 $1,161.00 24.295.30 28,617.00 2.440.30 32,474.80 62.001.00 4,149.70 66,829.17 133.340.50 7,667.03 3,223.00 158,840.30 7,942.03 29,923.00 190.340.30 9,317.03 13,233.15 206.377.30 10,310.88 11.437.53 218.417.00 10,920.85 fOTAl* PAYlOlfT TO DATE nrAmol pot pathdit no . TOTAL TALIII COMPLETED $207,496.13 10.920.83 $218,417.00 19990PB is ^7pt; I' r'T*- .’?W:i'^ -U.'!'fe.V:' wfi^V tW-f *?■-. / Tot Date: SubjectI Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director July 16f 1991 McCulley Road - Storm Sewer <1^71691.1 <^, %%% %In 1979 the City of Orono constructed McCulley Road. As ^ everyone is aware, part of the project required placing two 12'xl2* box culverts under McCulley Road at the Luce Line Nature Trail. In the past several years we have received complaints fr<xn the DNR because of storm water run-off causing erosion and debris be collect on the trail at the east entrance to the box culverts. City force} have made several attempts at resolving the problem but have been unsuccessful. Therefore the City Engineer has prepared a storm sewer plan that will alleviate the problem permanently. Because this is considered a Municipal State Aid Road (MSA) the project will be paid for with monies the City receives annually from the MSA fund. The Engineer's estimate of cost for this project is $40,000. The plan has been submitted to MSA for approval. laCOMMBMDATIOH - To direct the Ci.y Engineer to advertise for bids for the storm sewer project #152-104-03 on McCulley Road. PROPOSED NOTION - Moved by , seconded by to direct the City Engineer to advertise for bids for the storm sewer project #152-104-03 on McCulley Road. Ayes _ _, nays _ _. TO: FROM; Mayor and City Council Mark E. Bernhardson, City Administrat Forwarded recommending approval. ||’ ' ‘ . I'*’} ‘ TR.CB-l RIM E «p 71391.7 % i3 Mayor and City CouncilTO: FROM: DATS: SUBJECT: Role of Acting City Administrator Mark E. Bernhardson, City Administrat^.j^y July 18, 1991 At request this was placed on the agenda. Discussion of related salary adjustment for the additional duties will be done in conjunction with thi^ item. & ■V i. r- I" ■ I ii m. ■i. I- mp:- f. t:. I?.- 'r: g- w .'■. ■ «■■■.' f f-pr i: Is-:. Vos Mayor Peterson and City Council Members Mark E. Bernhardson, City Administrator July 12, 1991 Subjects City Facilities ATTACHMENTS - Dates /y71291^ \'y. %■» AT B) C) E) F) City Facilities Memo Dated 7/1/91 Draft Brochure Request for Proposal - Construction Manager Dated T/l/**! Response for Proposals on Construction Manager (separate cover) Facilities Financing Excerpt Draft Resolution Transfer of Monies % ISSUE 1. 2. 3. Present information regarding site acquisition Present work on the draft brochure. Determine public information and public hearing dates regardinc the new facilities. 4. 5. Selection of a contruction manager. Reminder of the next design meeting date INTRODUCTION - At the Council's July 8» 1991 meeting several of the issues outlined in Attachment A were reviewed. The Design Committee held their second meeting on July 16th. DISCUSSION - Issue #1 - Site acquisition. The City is depositing the earnest money with the property owner* It is anticipated that the closing date will be August 15# 1991. Closing date may be function of the subdivision of the property# which is proposed to go to Planning Commission in August to split off the piece next to the highway. I I^4, V.- rfi. !■ City Facilities July 12, 1991 Page 2 of 4 Issue #2 - Draft brochure. At the Design Committee meeting on July 16th the architect presented the format for the brochure which was reviewed with subsequent information presented within the format outline. At this point, it would be appropriate that the Council give their reaction to the draft brochure. It is anticipated that this brochure would then be sent out a couple weeks in advance of the meeting set for public information and public hearing. Xssus §3 ” Public information and public hearing schedule on facilities. The original dates as noted in the draft schedule were for late July and the fore part of August. This process has been slowed a bit and it would appropriate to determine at this point how long it would take for the brochure to be developed and then set dates for about two weeks after that for it to be mailed. Given the current status, it is recommended that the public information meetings be held on an evening on a weekend day of the sane week with the public hearing on the matter at the following Council meeting or at a special Council meeting should Council desire to devote a separate meeting to this subject. (Please bring your calendars.) #4 - Selection of a construction manager. Attachments C and D outline the request for proposal and responses from the various individuals who provide such services. Since construction management services are considered a profession service, these do not require that the City bid this service. Interviews are to be held in the afternoon of July 22, 1991 with the construction managers. As a result, the interviewing committee may be in a position to recommend to Council at the Monday night meeting a construction manager. If not, this item can be tabled until the Council's August 12, 1991 meeting, or request that the interviewing committee which includes the Council Members be given the authority to designate e construction manager provided the majority of the Council Members plus the majority of the committee agree on the construction manager candidate. Xssne #5 - Next design meeting. The next design meeting is as follows: 5:00 to 7:00 p.m. on Tuesday, July 30, 1991 Issues to be discussed at that meeting are: r City Facilities July 12, 1991 Page 3 of 4 ALTERNATIVES - 1. 2. Issue #1 “ Accept the information. Issue #2 *" Draft brochure. a) Accept as proposed. b) Make any revisions c) Table for the next meeting. 3, lasue #3 - Public information and hearings. a) Set the date. b) Give alternative dates. c) Table for further discussion. d) Take no action. ■i;; 4. Issue #4 - Construction manager selection. I ■ a) Select a construction manager. >K1 • »> b) Delegate to the Design Committee for selection. c) Table for further discussion. r';'d) Delegate and ratified at the next Council meeting. •V ' HCOMMENDATION - laaiia #2 • It is recommended, based on the work to date, that Council direct the architect and staff to further develop for final review at the design meeting on July 30, 1991. Xaaaa §3 - Public hearing and Information dates. It is recoBBMnded that the Council set tentative dates to be a function of the developnent of the mailing brochure. laaue #4 - Selection of a construction manager. Based on the progress of the construction manager interviews, it is recoBusended that if a selection cannot be made at the Council ■eating, it be delegated to the Construction Manager Review Ceasd.ttee for ratification at the next Council meeting. Issue IS “ Accept the information. i' ..I- a-City Facilities July 12, 1991 Page 4 of 4 “’191.: K".' ,• Ai- ~k 7 V TOs FBONs DATES /* IMayor and City Council Mark E. Bernhardson, City Administratoi;V 0 July 1, I9'^l : City Facilities Attachment: A. City Facilities Memo Dated 6/21/91 (Memo Only) B. Updated Financial Information C. Publication Notice - HRA Hearing D. Notice - Request for Proposal - Construction Manager E. Draft Borchure/Boarman & Associates P. Draft Resolution Regarding Building Monies ISSUE - Present updated financial information to Council. 2. Present to Council the HRA publication notice for the July 22nd public hearing. 3. Update Council on the initial design meeting held July 2, 1991. 4. Indicate to Council the results of site negotiations. 5. Select a group of individuals to assist in interviewing construction manager candidates. 6. Present the initial draft of the brochure prepared by Boarman arid Associates. 7. Further discuss direction for restriction of monies. O. Establishment of a public information and hearing schedule. IMmrouCTIOM - At the last meeting Council directed publication of a notice for an HRA hearing on July 22, 1991. Attachment B represents financial updates primarily corrections that were presented last time. In addition Council directed ®taff to sollcite for a construction manager with Attachment D representing those requested with authorizing the consultant to begin the public information draft brochure. DISCUSSION - issue #3 - Initial Design Meeting - The meeting was held with n^yeral iiTsues discussed. The next meeting is July 16th at 5:00 P. M. - Orono Link 107L, with suppers to be provided. ^£4 - Site Decision ~ This will be discussed Monday evening. Inaue #5 - Construction manager selection - Attachment D is the 1 draft RPP for seeking a construction manager. As noted it is anticipated that interviews would be conducted the week of July 15th and selection at the July 22nd meeting, if feasible. It is suggested that the committee include? 2 Council, 1 Planning Comsission, a Facility Committee member plus City Administrator, Public Works Director and 1-2 Building Inspectors. Issue #6 - Draft Brochure - Attachment E represents initial work on the bofchure. Issue #7 “ Restrictions of Monies - Attachment F represents the draft preAnted last time regarding restrictions of money and it would be appropriate to see if this captures the essence of where Council would like to go. This could actually be structured in a number of ways once we know what the basic "rules of the game Council wants are.” Issue #8 - Establishment of Hearing Dates - As noted in Attachment G the schedule that we are currently working from has some tentative dates and its a function when the brochure goes out we would like to establish dates either using the schedule or set up dates that are agreeable with Council. ALTEMIATIVBS Issues >1 - #4. 1. Accept. 2. Request further information. 3. Take no action. 4. Table. Issue >5. Construction Manager Selection. 1. Select persons for interview committee for construction manager. 2. Set interview date. 3. Table. 4. Take no action. Issue 16. Draft Brochure, (if available) 1. Accept. 2. Am'^nd and accept. 3. Table. Issue #7» Restriction of Monies. 1. Indicate direction. 2. Discuss possible structure. 3. Place restrictive money in a possible trust. 4. Take no action. J r 5. Table for further discussion. Issue #8. 1. Establish hearing dates. 2. Table for further discussion. RBCOl ATION - The following are recommended: Issues 1-4. Accept the information. Issue #5 - Construction Manager - Direct staff and architect to solicit proposals for construction manager with interviewing the week of July 15th. Issue #6 - Amend as appropriate and direct Boarman to go ahead and prepare for publication. Issue #7 - Outline any change and objectives as embodied in the draft resolution together with any thoughts on structure. Issue #8 - Hearing Dates - Establish those hearing dates so that they can be included in the publication. PROPOSED NOTION - Moved by _r seconded by _» Council accepts infomation on the facilities and directs the following people to be appointed to the construction manager Interview panel; CounciImembers and ___t Planning Commissioner member —» Facilities Coomittee member __« City Administrator, Public Works Director and Building Inspector PROPOSED NOTION - Moved by _, seconded by _, Council directs Boarman a Associates to undertake publication and mailing of a draft brochure to the community. Issue #7 Council gives further direction on restriction on monies. Issue #8 Bearing Oates - Moved by _, seconded by Counci1 directes that the following public information meetings be held and and that a public hearing be on _. Ayes _, Nays cci Jack Boarman, 222 North 2nd Street, Mpls 55401 Department Beads I«-• • p'i- p". rf. PII'... S"’" $■■k. 4, U^'-ft' '^■ It- ^■r. ■it.-' i'-U> . t: >V'. i:- 6?h It f: r ft ff- fc 6:191 TO: FROM: Mayor and City Council Mark E. Bernhardson, City Administratdfi!'^ DATR:June 21, 1991 SUBJECT: City Facilities Attachment:A. Handouts from 6/20/91 Workshop B. Draft Financial Layout Dated 6/21/91 C. Ehlers Associates Tax Impact Calculation Dated 6/24/91 (to be presented 6/24/91) D. Financial Sources update Dated 6/21/91 E. 5 Year Financial projections F. Draft Resolution Re: HRA (to be presented later) G. Draft Five Track Schedule June-August 6/21/91 H. Draft RFP for Construction Manager (to be delivered later) I. Draft Reso'ution Governing Building Monies ISSUE 1. Present to Council additional information regarding financing. 2. Determine if Council desires to authorize advertisement for public hearing to determine i^ it will establish an HRA. 3, Presentation for adoption of a schedule for next two months relating to: Site Schematic Design Construction Manager Financing public Information Meetings 4. Determine if Council will authorize staff transmitting Requests For proposals for construction project manager. 5. Determine if Council will authorize Boarman and Associates to prepare draft public information borchures. 6. Determine members for schematic design committee and set initial meeting dates. INTRODUCTION - At the June 20, 1991 workshop Council directed Staff regarding financing plus a request for additional information regarding financing. They additiona 11 y requested gtaff undertake process regarding establishment of an HRA. DISCUSSION ^sue #1 - Financial information - Attachments A - E represent the han<3bu*Es plus requested additional information requested at 'i- -■'i t t i-v ■I i. -. :p;I,; f.;> .. ■ ^^3.' the June 20, 1991 workshop. Attachment 3 lays out in graphic form an example of how payments would proceed given the parameters generally discussed. Attachment C indicates estimated tax impact using those parameters. Attachment 0 is an update of the financial sources originally presented last fall. Attachment E is an update of a multi year projection of general and other funds and some options as to revenues plus additional anticipated and possible expenditures. issue #2 - HRA - Attachment F is a draft resolution for isTaFl fshmenFlTf an HRA plus a district for the environs of the current city facilities. Issue #3 - Schedule - This is a draft/flexible schedule outlining major anlestones and dates in the various tracks. Issue #4 - Construction Manager - Attachment H is the draft RFP tor seelcing a construction manger. As noted in Attachment G it is anticipated that interviews would be co»^ducted the week of July 15th and selection at the July 22nd meeting if feasible. It is suggested that the committee include; 2 Council, 1 Planning Commission, a Facility Committee member plus City Administrator, Public Works Director and 1-2 Building Inspectors. Issue 15 - Public Informat iqji Brochure - Jack Boarman has estimated The preparation worTT'on the brochure is $1,500, with production, mailing, etc. about $1,500 for a total of $3,000.00. issue #6 - Design Committee - Jack Boarman requested esTaT^l i shment oF a desFgn committee of 5 plus staff. Mayor Peterson and CounciImembers Goetten and Butler. They additioally indicated they wanted two from planning Commission. It would be appropriate to formally appoint these and set meeting dates. Meeting #1 - July 1 at 5 p.m. or July 2 at 7 p.m. following Police Chief profile screening Meeting #2 - July 16 at 5 p.m. Meeting #3 - July 30 at 5 p.m ALTERNATIVES Issue |1 • Information 1. Accept 2. Discuss 3. Table Issue #2 - HRA 1. Authorize advertizing resolution. 2. Amend and discuss. 3. Make subject to Attorney review. .P ■ft w:b- r - I* hi'. -t'*' 4. Table. Issue #3 - Schedule 1. Accept as a guideline 2. Amend and accept. 3. Table. Issue #4 ~ Construction Manager 1. Authorize solicitation of proposals for construction manager. 2. Table. 3. Take no action. Issue #5 > Public Information 1. Authorize expenditure from Building Fund. 2. Amend and authorize. 3. Table. 4. Take no action. 5. Set tentative public meeting and hearing dates. (See Attachment G/Schedule) Issue 16 > Design Committee 1. Formally select members. 2. Set meeting dates. 3. Table. RECOMMENDATION - The following recommendations are made: Issue #1 • Accept the information after any questions. Issue #2 HRA - Adopt the resolution for publication subject to City Attorney approval for publication the week of July 1st for a July 22nd public hearing. (July 5 publication date.) Issue #3 Schedule - Adopt as a guideline. issue #4 Construction Manager - Direct staff and architect to solicit proposals for construction manager with interviewing the week of July 15th. Issue 15 Public Information > Authorira Boarman to prepare brochure for Council review and select dates for public information meeting and hearings. Issue #6 Design Committee - Establish membership and dates. PROPOSED MOTIONS Issue >2 - HRA - Moved by __, Attachmeiil ^ as Resolution # seconded by f the Council adopts to set a puElic hearing for the July 22nd meeting to determine if the City desires establishment of an HRA for the City. Ayes , Nays r L. K-.' r- 3. ■zr- Iv -k'.' tv k W- *• F-F Issue #3 - Schedule - Moved by _, seconded by _, the Council a'dopFs “Attachment G as the guidelTne schedule on “Taci 1 i t ies for June - August. Ayes __, Nays __. issue #4 - Ct Jtruction Manager - Moved by seconded by the Council a^ horizes staff to seek proposals from qualified construction managers for use on the project. Ayes _, Nays _. theIssue #5 - Public information - Moved by _, seconded by _ CounciT” authorizes Boarman and Associates to prepare a draft brochure for review at the Council's July 8» 1991 Council meeting and establishes and as public information meetings and as a public hearing meeting. issue #6 - Design Committee - Moved by _, seconded by _, the Council appoints Mayor Peterson and CounciImembers Goetten and Butler together with _ _ and _ _ and appropriate staff to a design review committee and sets _ _, _ _, and _ _ as its initial meeting dates. Ayes , Nays _. cc:Department Heads Jack Boarman, 222 North 2nd Street, Mpls 55401 Carolyn Drude, Ehlers & Associates, Inc. 2950 Norwest Center 90 South Seventh Street Mpls 55402-4100 I !# '.'I fF.. Jr ■ ■ A9/Mm/9€mCM mma§ wm waiuDim nonet Draft 6/90 Opdata 6/91 1J/31/W S/M tatlaetes Actual read Belaaee/ fend Beleeee ■eteined lenlM* deteliMd l•^llB9« 12/31/9C Caah Balanca 12/31/91 Eatifliata Caah lalanca Available 6/50 letleeta for Projact 6/91 Batiaata 0 —f I fIBd 11,000,000 91,039,078 9862,842 9900,000 ♦100-150,000 975,000 •■ildlaf r«ad 2,390,000 2,221,550 2,212,172 2,275,000 2,350,000 2,275,000 §mmt 9m*1,290,000 1,313,538 793,966 904,000 450,000 a)450,000 lOpewtiw/Bhre—reed) Mtar ma 100,000 101,674 131,245 151,000 45,000 45,000 «fl»ew»t—■^■w—rred) -----Tipriif t 550,000 662,531 717,336 782,000 -300-400,000 Bavelvtaf M M*n M»e nmd 315,000 (7/91)315,000 315,000 (a)315,000 imwmilMim 91) ♦3,160,000-93,460,000- ♦3,210,000 93,560,000 W I pi tf- • I Ceald h* coaaldarad 1mb« or ropoyMBt In future. nnu MOKcu M^r IS stn«t u«kt« CMt Onaldered) sase.eoo (•▼•iiebu isssi (SSOfOOO^rr frea Geaerel S9>9S) ms.oeo^) |5> •- M:-' '■mm Mfk Wm 9149,000 9214,931 9169,395 9167,000 M«t 6 260,000 217,609 221,465 241,000 l|8lfB •oil ■at Oatlay •82,690 31,846 50,000 1230.000 (1996 avallabla) 130.000 (etirrantly going into PIK) 10 noir boing naod/Gonaral Fund at/iam/rafDiHG Draft 9/90 Update 6/91 1991 Beeed on 9/90 Be^iMtee Baaed on 12/31/90 Actual•1992 other funds (5 yaar eatlmate) 1993 1994 1995 CAPITAL 190,000 169,395 44,000 7.5 7.5 ftBMfar la im OBt -46,000 167,395 ODttAT (M7 bead for it) V9Mk lalaM*160,000 231,415 i-; ^05,390 aatMUfiT la ♦60,790 ‘"‘•i -66,350 mmim oat 241,000 xmwMEi tBn 1.000 rgiBey cootln^Miey) 700.000 717,396 450,000 480,000 509,000 535,000 60,000 60,000 50,000 51,000 50,000 51,500 300,000 300,000 20,000 22,000 24,000 2S,000 460,000 450,000 480,000 509,000 535,000 558,500 Uabilitiaa) I'H 1^ > I iM varioM prejaeta - 20*30,OOO/yr) i '• il:•'V, 120,000 230,000 131.000 230.000 106,000 250,000 126,000 260,000 146.000 270.000 160,000 275,000 90,000 210,000 49,000 220,000 10,000 230.000 10.000 240.000 10.000 6,000 235.000 10.000 6,000 fOtOOO 106,000 126,000 146,000 160,000 164.000 < .V' 662,014 764,000 1270,771) otha* ewroat ataato 424,000 504,000 546,000 641,000 ^ 1 ItMifar la 860,000 930,000 640,000 560,000 660,000 570,000 ^■18III III!400,000 420,000 430,000 460,000 460,000 480,000 Ifeoaafar oat 460,000 490,000 30,000 31,000 32,000 33,000 ■ it , ^ pin BBBAMi 9207,014 ' 1424,000 1504,000 $573,000 $641,000 $698,000 r—-,». — // '/O . o im. t li '£%f /V<ifefev/ CITY of OR< RESOLUTION OF THE CITY COUNCIL NO. ________________ % f ;i T' r I ii A sssoLonoa providimg for a pdblic ON THE BSTABLISHNEMT OF A HODSIHG AMD RTOBVHgPMENT AUTHORITF jH TBS CITF OF OROHO» MIMMBSOTA NBSRbAS, Mlnneiota Statutes, Section * Bousing and Rsdevelopnent Authority in each city ■OW THEREFORE BE IT RESOLVED By the City Council of the City of Orono, Minnesota, that on the 22nd 7t00 o’clock p.a. the Orono City Council shall hsarlna at the City Council Chambers in Orono, Minnesota, JSllwing thi«Si this Council shall consider a resolution making the following findings: (a) That there is a need for f^®f“«”f ®"2 redevelopment within the boundaries of the Ci V Orono to improve the tax base general economy of the City and the State or Minnesota; and (b) That areas within the City are useful and valuable than has been realized under existing development and that they ®*y . potential; and (c) That substandard, slum or blighted areas the City which cannot be redeveloped without governmental ass.istance; and (d) That there is a shortage of decent, sanitary dwelling accommodations availabl^e to - persons of low income and their families at rentals they can afford; and (e) That there is a need for a housing and redevelopment authority to function in the City. f'.' ■*: f’ v' |: U:. J: C-' EV L - r -•-• W :^/0^ O A auc-^.^ I ••CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. si^y«?’ii”srrV=i:5 ‘t? ^.T.v^hiV in th« official newspaper of the City once no less than ten days nor more than 30 days prior to the date of the hearing. The motion to adopt the foregoing resolution was aeeooded by Council Member Butler; and upon motion oeLng taken, the following voted in favor thereof; Council Members Callahan, Butler# Goetten and Jabbour and the following voted against the same: Mayor Peterson whereupon said resolution was declared duly passed and adopted June 24# 1991. Barbara A. Peterson, Mayor ATTESTS Dorothy M. Hallln# City cierk Siv y ■ i ffT i'X'. mmm ty: i H.: i- - 'T t- b- ■l'^ ■ k K z I- i .t ft- . L -A- i' tr. , k -i ri-;« To: Pro Interested Construction Manacenent Firms Mark Bernhardson, City Adminlstrato Dates July 1, 1991 Subjects Request for Proposal for Construction Management Services The City of Orono is seeking proposals for construction management services for the construction of City Hall and Public Works Garage. The architect for this facility is Boarman, Kroos, Pfister & Associates, Inc. The successful construction management firm must have experience in planning, controlling, directing and evaluating all work relating to the project* Previous experience along with the ability to meet project schedule and control must be demonstrated. Proposals for consideration will be accepted until 3:00 p.m. July 15, 1991. Proposals and qualifications should be sent to: Mark Bernhardson, City Administrator City of Orono P.O. Box 66 1335 Brown Road South Crystal Bay, MN 55323 The following schedule is provided for your information: July 3, 1991 July 15, 1991 July 18, 1991 July 22, 1991 RFP's mailed Last date for receipt of RFP's Interviews of finaJ candidate firms Selection s approval of CM firm by City Council A description of the project follows: A canpus building site at Highway 12 and Old Crystal Bay Road across from the Orono School. Project includes a 19,000 s.f. one-story with basement City Ball and Police facility. A public works garage of 29,0'*'' s.f. as a one-story structure. Both projects are on the same site. The garage building will be built vith the vehicle storage portion completed with relative site work by end of December 1991. lease submit 5 (five) copies of your response by July 15, 1991, at 3«uo p.m. The evaluation will be based on information contained in the proposal. It is our intent that a construction manager be selected as soon as possible to obtain the optimum from this firm as a contributing member of the Building Team. - RFP for Construction Management Services July 1/ 1991 Page 2 of 4 CONSTRUCTION MANAGMENT GOALS: 1. 2. 3. To manage and complete the project within the defined time schedule. To manage and complete the project within the given budget. To manage and complete the project within quality and program guidelines. 8COPB OF WORK OF CONSTRUCTION MANAGER SHALL BE: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Development of the project budget from information provided by the Owner t A/E. Design of the management plan and strategy based on the Owner s project para^neters. Scheduling of project delivery from design through construction. Application of Value Engineering including direction in •constructability" and "contractibility" decisions. Formation of contract conditions to facilitate the use of the Construction Management project delivery system, format, and variation. , ^^, _ Review of the contract documents prior to issuance to bidders tor proposals. Determlnaton of divisions of work to facilitate the multiple bidding process. Solicitation of contractors and the identification of Owner direct purchase items. S*' vey and analysis of the labor pool and local contracting practices. DevelC'*^ert of bidding competition to generate the most favorable prlcln^^ Communication with bidding contractors to clarify conditions and resolve discrepancies in bidding documents. Assist the Owner during the bidding process to ensure that the receipt of proposals is properly conducted. jl0view of proposals to determine if those being considered are complete and in the Ovmer's best interest. Leadership in negotiations with contractors on behalf of the OWU**^* . . ^ J ..K-Adfld.nistrative assistance in the signing of contractors and the accumulation of required documentation. Organisation and chairing of preconstruction meetings with contractors. Development and implementation of the on-site construction schedule . i Coordination of contractors at the site on a full-time basis. Chairing of periodic project and progress meetings with contractors. ^Organisation and administration of a contractor system for expediting material and equipment. Establishment and administration of a project reporting system. RFP for Ccnstructicn Manager^ent Ser July 1» 1991• Page 3 of 4 vices 22. Institution and coordination of the progress payment procedure for contractors. 23. 24. 25. 26. 27. Procurement and control of construction support requirement for the owner and contractors with respect to any labor relations efforts connected with the project. Design and implementation of the project's quality management CosV*tracking and the administration of the Owner's cost Assl^Vnleresolution of disputes arising from the performance of the contractors. SB8POM8BS MOST IVCLUDB THE FOtLOWING INPORMATION. ADDITIOHAL INPORMATIOH, IF DBSIRBDr MMf BE lECLODED IE ITEM 6. 1. 2. Construction Management Firm Qualification Statement. Scope of services by phase (construction manager’s approach to fulfilling the "Scope of Work by Construction Manager .) a. Design phase b. Pre-bid, bid and award phases c. Construction phase d. Post construction phase 3. b. c. d. e. construction Management Approach (How do you propose to administer this project?) a. Value Engineering Cost control during design Project scheduling Bid phase administration: Mar)ceting project to potential bidders Pre-qualifications of bidders Pre-bid meetings Bid review and interview prior to contract Contractor bonding requirements; Local bidders Effect on construction cost Humber of bids proposed to be requested for project RelaSon^to^Architect in preparing Project Manual On-site project supervision Change order procedures vo Is any of your work force in any way contractors utilized in the actual construction of the Managment and coordination of final start-up, and testing occupancy activites When do CM service terminate? f. g« h. i. k. 1. RFP for Construction iManager.ent Services•Julx 1/ 1991 Page' 4 of 4 4. Basis cf compensation a. Fixed fee for Construction Management Services b. Percentage fee for Construction Management Services c. Additional services d. Reimbursable costs 5. References a. Clients Hr '■ & ... li m I. t-m iv- I.I' r?. k[4?: ► > I' ^*-' ■ p. It ¥ I HrrAQff^^ ^ K RBSOLOTION GOVERNING BUILDING MONIES ffHBREASf the City of Orono has a need to build new city facilities to house its public Works, Police and Administration staff, and ffHBRBAS, it desires to do so in the most effective matter for its taxpayers, and WHBKBAS, the City has established a Building Fund of million dollars, and WHBBBAS, the City is doing the initial financing through a lease purchase with its own Housing and Redevelopment Authority, and WHBRBAS, the cash set aside in the Building Fund is used for helping defray the cost of the building, and WHBBBAS, the Council determines it appropriate to have a $2 million prinicpal balance in the fund upon completion of the lease purchase, and WHBBBASr there is a need for certain interests from these moneys to support the General Fund, and WHBBBAS, the City Council does not want the principal used in any manner except listed help. HOW, THBBBPORB BE IT RESOLVED, that the Orono City Council establishes the Building Fund Trust for a pledge of monies to pay the lease payments to the HRA under the following restrictions: A. The principal reductian from year to year can not be greater than $1 million - by number of years of the bonds. B.That part of the annual interest can be diverted to the general fund but not more than $___ annually, escalated at a rate of no more than the local CPI. .................... r ?■ C.That the principal and balances of interest will be used to reduce lease pyaments to minimize tax levies for that lease purchase payments. D.That the $2 million may include separately held in escrow for final payment (?) E. That the $2 million will not otherwise be reduced in principal. and Council further resolutes that; 1» Conditions A# B and C can only be a.tended by a 4/5 vote of the entire Council and that 2.Condition D and E can only be amended by a unanimous vote of the entire Council, vacancies not withstanding. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held June 24, 1991. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk -K--' Tos L-t i ■b' f ^ •J ■ Dat«s Interested Construction Management Firms Mark Bernhardson, City Administrator July X. 1991 Sobjectt Request for Proposal for Construction Management Services The City of Orono is seeking proposals for construction management services for the construction of City Hall and Public Works Garage. The architect for this facility is Boarmanr Kroos, Pfister t Associates, Inc. The successful construction management firm must have experience in planning, controlling, directing and evaluating all work relating to the project. Previous experience along with the ability to meet projoct schedule and control must be demonstrated. Proposals for consideration will be accepted until 3:00 p.m. July 17, 1991. Proposals and qualifications should be sent to: Mark Bernhardson, City Administrator City of Orono P.O. Box 66 1335 Brown Road South Crystal Bay, MN 55323 The following schedule is provided for your information: July 3, 1991 RFP's mailed July 17, 1991 Last date for receipt of RFP's July 22, 1991 Interviews of final candidate firms July 22, 1991 Selection & approval of CM firm by City Council A description of the project follows: A campus building site at Highway 12 and Old Crystal Bay Road across from the Orono School. Project includes a 19,000 s.f. one-story with basement City Hall and Police facility. A public works garage of 29,000 s.f. as a one-story structure. Both projects are on the saune site. The garage building will be built first with the vehicle storage portion completed with relative site work by the end of Decesiber 1991. Please submit 5 (five) copies of your response by July 17, 1991, at 3i00 p.m. The evaluation will be based on information contained in the proposal. It is our intent that a construction manager be selected as soon as possible to obtain the optimum from this firm as a contributing member of the Building Team. r- I r If RPP for Construction Management Services July 1, 1991 Page 2 of 4 COHS7RUCTION NAMAGMENT GOALS: 1. 2. 3. To manage and complete the project within the defined time schedule. To manage and complete the project within the given budget. To manage and complete the project within quality and program guidelines. 800PB OF WORK OP OOMSTROCTION HAMAGER SMALL RE: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 16. 19. 20. 21. Development of the project budget from information provided by the Owner 4 A/E. Design of the management plan and strategy based on the Owner's project parameters. Scheduling of project delivery from design through construction. Application of Value Engineering including direction in "constructability” and "contractibility" decisions. Formation of contract conditions to facilitate the use of the Construction Management project delivery system, format, and variation. Review of the contract documents prior to issuance to bidders for proposals. Determinaton of divisions of work to facilitate the multiple bidding process. Solicitation of contractors and the identification of Owner direct purchase items. Survey and analysis of the labor >ol and local contracting practices. Development of bidding competition to generate the most favorable pricing. Commimication with bidding contractors to clarify conditions and resolve discrepancies in bidding documents. Assist the Owner during the bidding process to ensure that the receipt of proposals is properly conducted. Review of proposals to determine if those being considered are complete and in the Owner's best interest. Leadership in negotiations with contractors on behalf of the Owner. Administrative assistance in the signing of contractors and the accumulation of required doc\jmentatlon. Organization and chairing of preconstruction meetings with contractors . Development and implementation of the on-site construction schedule. Coordination of contractors at the site on a full-time basis. Chairing of periodic project and progress meetings with contractors. Organization and administration of a contractor system for expediting material and equipment. P tablishment and administration of a project reporting system. I ►r-hH- \ . is'-S' v;r iv' L'. 'i;'I': f' >;:.I r, RPP for Construction Management Services July 1, 1991 Page 3 of 4 22. 23. 25. 26. 27. Institution and coordination of the progress payment procedure for contractors. Procurement and control of construction support requirement for the project. Assistance to the Owner and contractors with respect to any labor relations efforts connected with the Tt. Design and implementation of the pr • 's quality management progran. Cost tracking and the administravi . (^f the Owner's cost accounting program. Assistance in the resolution of disputes arising from the performance of the contractors. ■nPOaSBS MOST ISCIiODB THB POLLOWIIIG INFORMATION. ADDITIONAL INFORMATION, IF DB8IRBD, NAT BB INCLDDBD IN ITEM 6. 1. 2. Construction Management Firm Qualification Statement Scope of services by phase (construction manager's approach to fulfilling the "Scope of Work by Construction Ma*.:.jer".) a. Design phase b. Pre-bid, bid and award phases c. Construction phase d. Post construction phase 3. c. d. e. Construction Management Approach (How do you propose to administer this project?) a. Value Engineering b. Cost control during design Project scheduling Bid phase administration: Marketing project to potmtial bidders Pre->qualifications of bidders Pre**bid meetings Bid review and interview prior to contract Contractor bonding requirements: Local bidders Effect on construction cost Number of bids proposed to be requested for project construction Relation to Architect in preparing Project Manual On-site project supervision Change order procedures Is any of your work force in any way related to contractors utilized in the actual construction of the project? Managment and coordination of final start-up* and testing occupancy activites When do CM service texrminate? f. g* h. i. j. k. 1. k-i- I ;l‘ ■i:m y'.' ■^r- S'; K' jf,r-- -> -;s : i I » r* >>. :tr- 'te.,;y- i-, ^ V 4:1^-rt >.v^.. ■■f 1?^' ■ iJi' -''•h.*‘\. i‘S- >fi RPP for Construction Management Services July 1, 1991 Page 4 of 4 ,' * $. 4.Basis of compensation a. Fixed fee for Construction Management Services b. Percentage fee for Construction Management Services c. Additional services d. Reimbursable costs 5.References a. Clients b. Architects c. Trade Contractors 6. Additional Pertinent Information r^1-t- /■ V,; t ^ ► U . - I-1^- r«* 1^"M:-. >■" r Iv ' rII t; ^ .-e>^; TDS Mayor Peterson and City Council Members Mark E. Bernhardson, City Administrator July 12, 1991 Snbjactt Lake Use Committee ATTACHMENTS - ^1.4 /S'45 Oates Brief Outline of Issues and Alternatives Re: Sections 4.1, 4.1 and 5.1 B) Updated Schedule ISSUE Present to Council information in advance of the next Lake Use Coomittee meeting to be held at 7:00 p.m. on July 24, 1991. INTRODUCTION - Since the last Lake Use Committee, Mike Gaffron in consultation with John Shardlow has been working to refine the najor issues and alternative choices for Sections 4.01 and 4.02 regarding lake/tributary classifications and land use districts for discussion at the next meeting. DISCUSSION - On July 10, 1991, Mike Gaffron and John Shardlow met with DNR representatives in order to determine ’ hot additional technical background information they had available, and to ask questions regarding format and policy flexibility. At the prior direction of the Committee, *^hey did not discuss any specifics as to the direction the City would go in selecting an> of its particular alternatives. The Committee's work to date was not reviewed by the DNR, and there i« no intent on the part of staff to involve DNR in our review “*'o ,ss except as a provider of technical and format information as may be required, unless otherwise directed by the Lake Use Committee. Attachment A outlines the major issues and alternatives for work by the Lake Use Cosmiittee regarding Section 4. Attachment B outlines an updated schedule for the review process. ALTERNATIVES - 1. Accept the information. 2. Indicate any further comments regarding this information. 3. Table for further discussion. 4. Take no action. r •■if f fr tr' r i' ■ K-- f. h'p •'V r ii k fI f-V I |: r I-I I ff^ ■ Lake Ose Committee July 12, 1991 Page 2 of 2 RBCOHNBHDATIOM - It is recommended that after Council has made comments that they accept the information and await further work by the Lake Use Committee. PROPOSBD MOTION - Moved by seconded by that Council accept the information regarding shoreland regulation drafting process. Ayes _ _, nays _ _. MEB/tln CCS Lake Use Committee John Shardlow, Dahlgren, Shardlow & Uban Jeanne Habusth, Building 6 Zoning Administrator Mike Gaffron, Asst Planning & Zoning Administrator >- rr ■K' ■IV'"k • ^ ‘ ■.•S' i.'j' I I K' I (P l; ii.( ?:■ r y^tc-v /hrAOMevr / OOTLIMB - ISSDBS/OPTIONS - SBORBLAND CLASSIFICATIONS AND LAND USB DISTRICTS Section 4.1 1. Does the City agree with the DNR's proposed designations of various lakes as General Development, Recreational Development or Natural Environment? Which lakes, if any, should be designated differently than the DNR proposal? 2. Are there any lakes proposed to be designated as shore land areas that the City doew not want to designate at all? 3* Are there basins not listed by the DNR that the City wishes to protect by designating as GD/RD/NE? 4. Does the City agree with the DNR's designation of Painters Creek, Long Lake Creek, and the creek from Wolsfeld/Holy Name Lakes into Long Lake, as tributary streams subject to shoreland regulations? 5. Nhlch additional tributary streams, if any, does the City wish to place Into a "protected tributary" classification? 6. What are the ramifications and impacts on existing and future development of classifying or not classifying each lake or tributary as a protected shoreland area? Section 4.2 ~ Land Use District Descriptions 1, Are Orono's existing land use zoning districts consistent with minimum DNR standards? If not, what changes are appropriate to provide such consistency? 2* Are there specific uses within shoreland areas that the City wishes to restrict to non-shoreland areas by stating so in a general shoreland overlay district synopsis? Section 5.1 1. While Orono's zoning districts in nearly all respects meet the minimum standards for lot area and width on NE/RD/GD lakes, our current Code does not require excess lot area or width for a duplex on 0 riparian lot in a sewered zone adjacent to and constructed within 200* of a coBunercia 1/industria 1 zone. Should the City increase the performance standards required for the duplex credit to be consistent with DNR standards? 2. (Section 5.13) Will the tributary sewered/unsewered lot width standards be a problem for any location in Orono which abutts a proposed tributary? Ua USB OOMUTTBB } MCE rLM is/rumonAiM rbcolatioms 1. 2. •^r ' . SR':- I' ft ft«pT>rt 4xaCt ------- DiEtzlot** tSSMBlttal t M Btaff wmwimt of to OOOBCil Fobniary 91 Fob/Mar 91 itoal dlfforenco* it oodo and Mar 91 B| Bovioo draft aad vitli nardlflw C) TaiUal ~ 'difforoacoa'JoDo/July 91 _•« to dotoxalne July 91 oa *dlfforoBcos* T«4a<at dloeaooloa w/MOt rooardlog Aug 91 draft/dlff( B| fC/Cooaoll. workaliop to rorlaw bodioo aad local govo laitAal rorloa auMio bodl lakocalaad) n^lio haoHag aad rooiow •alaiaaloa to na for low Aug/Sept 91 S«pt-a<nr 91 Mo* 91-aan 92 Feb 92 ft; ft . ■ . FLOODPLAIN RgGPLATIOBS (OPDATBt 1.Staff reeiea w/DMt to datoraiao what apeclfic updates are required - draft required duly* 91 2.P.C./Cooacll workshop to rerlew draft <€»B be saae as sborelaod workshop) Auq-Sept 91 3.Public Bearing (F.C.) (Couacll) Sept 91 Ocrt 91 4. Subalssioo to DNR Oct 91 1991 KARIMA LICBHSIMC 1. Staff site Inspections and rsTlew done 19-Id •duly*#* T2. 3. Hu LI Mill ml It I nr s to Council Lake Dse C issues ttee review of A.Adopt resolutions for licenses which have no outstanding Issues aI be/ 1 i 4 4 '■‘*1 ,1 9*-.K i1.^ !?. . !'■ j:< >• Id*' % Tot Datet Mayor Peterson and City Council Members \ ' 4Mark E. Bernhardson, City Administrator''! July 12, 1991 !C \ 'o.»/> 4 • ATTACHMENTS - a) Stergency Preparedness Memo Dated 4/6/88 B) Minutes Excerpt From Meeting 4/11/88 /o Subjects Emergency Preparedness Siren - Minnetonka Beach/Oi^j^ '‘X ISSUE XT ^Determine whether Council desires to commit to more money regarding a placement of a siren in the Minnetonka Beach area. 2.Provide Interim siren coverage in the Areola Bridge/North Shore Drive in Orono in the Crystal Bay neighborhood together with Big island coverage on an on-going basis. INTRODUCTION - in 1946 the Orono City Council authorized that they would commit up to $3,500 in order to assist the City of Minnetonka Beach in the acquisition of an emergency preparedness siren. $3,500 represented the cost of going to a larger, more effective siren which would serve an area larger than the City of Minnetonka Beach. DISCUSSION - At the Minnetonka Beach's July 8th Council meeting, they indicated that they would desire to go with an mechanic siren at 125 decibels. The cost of this would be greater than the original $10,000 they originally set aside together with the additional $2,000 that they had authorized plus the $3, 200 that Orono had initially agreed to use in the participation for this siren installation. Minnetonka Beach is now requesting Orono to increase its contribution from $3,200 to $5,000. This is an amount that can be carried within the City's current budget for this year. The reason for the increased cost of the electronic siren is that the siren can sound when there has been a power failure when mechanical sirens by themselves can not operate. Additionally, this type of siren can be Installed in an area that puts it in closer in proximity to Big Island and also in a higher area than can better serve parts of Orono that are not already served. Thirdly this electronic siren can be used as a loud speaker which can be manually operated to make public announcement, both on land and over lake. While eventually the Crystal Bay neighborhood will be covered by another siren, probably within the next 3-5 years, this would provide better coverage for the North Shore/Crystal Bay areas during that period before the new siren would be constructed. r Emergency Preparedness Siren July 12, 1991 Page 2 of 2 ALTERNATIVES - 1. Agree to an additional commitment to additional participation with the siren to improve the size and location. 2. Stay with the original commitment. 3. Table for further discussion. 4. Take no action. RECOMMENDATION - It is recommended that the Council agree to the additional fT, 800, bringing the total to $5,000 for the 125 decibel, electronic mechanical siren in the Hill Road area of f J': f ^ ■ <t;- !>■ r'* :i- ■ [f :• •- I •S E k \b li; p\ \\ 4686.3 \ Mayor and City Council PROH:Mark Bernhardson, City Administrate DATE:April 6, 1988 SUBJECT: Emergency Preparedness Siren - Minnetonka Beach Attachment:A. Mel Kilbo's Memo Dated 4/6/88 - Minnetonka Beach Siren B. Siren Map C. Metro Region Warning Zone Map Dated 1/28/88 D. Mel Kilbo's Memo Dated 10/23/86 - Weather Siren Request E. Mel Kilbo's Memo Dated 11/21/86 - Weather Siren Cost Sharing F. City of Spring Park Letter Dated 12/2/86 ISSUE 1. Determination as to whether the City of Orono desires to participate in the purchase of a siren for the City of Minnetonka Beach. 2. Determination as to whether the City desires to be the financer in Minnetonka Beach’s acquisition of the siren. INTRODUCTION - As noted in Attachment A, Chief Kilbo has 3everoped“a Vaster siren plan for the four communities served by the Police contract for which he is also the Emergency Preparedness Director. Currently the City of Long Lake has put in two sirens and in 1987 the City of Orono installed a siren for which the City of Spring Park had agreed to and has now paid a share of the cost. As noted the Civi^ Association in Minnetonka Beach has now approached the Minnetonka Beach Council regarding possible acquisition of a siren in Minnetonka Beach. DISCUSSION - AS noted in Attachment B a siren, particularly the largVr of the two, would provide siren coverage for parts of Orono not currently covered, particularly Big Island, a small portion near the Narrows Bridge and in the area just north of the Areola Bridge. (It should be noted that the circles shown on the map for siren coverage ate the "standard model" and that actua.. hearing distance at the 78 decibel standard may vary because of ground cover, weather conditions etc.) As noted ir. Attachment A it is anticipated the coverage across the water would allow for greater coverage.) At this point the City of Minnetonka Beach is trying to determine what costs are entailed and what they may be able to finance. Because a larger siren installation in Minnetonka Beach would be beneficial to portions of Orono, it may be appropriate that the City of Orono contr:.bute a portion of the installation. In addition, while the City of Minnetonka Beach has not requested //■ r-’ r i . < ’■;-V, , ] > 6^^ 1.ii' H'--' fi-- tiv, ■■' such, the City of Orono if it desired would be in the financial position to initially fund such a siren with Minnetonka Beach to repay its share over a period not to exceed five years. ALTERNATIVES issue 1. participation in funding 1. Agree to pay a percentage of the small siren and a different percentage of a larger siren based on benefit to Orono. 2, pay the difference between the smaller siren and the larger siren. 3. Utilize the money the City has received from Spring Park on its share of the first one to fund Orono’s share on this one. 4. Budget its share in the 1989 budget and defer action until then. 5, Indicate to Minnetonka Beach that the City does not desire any participation in the matter. 6, Table. Issue 2. 1. For Minnetonka Beach the availablitiy through the Police contract for purchase of the siren to the City. 2. If it choses to contribute to the siren purchase, only pay a lump sum at the time of purchase. 3. Table. RECOMMENDATION - It is recommended that the City of Orono pay approxrmarrtTly $3,200 towards the installation of the siren in Minnetonka Beach, which would be the difference between the smaller and larger of the two sirens as the City of Orono would not receive a substantial benefit from the small one but the City of Minnetonka Beach is not substantially benefitted by the larger one. Additionally it is recor oended that the City offer to finance the Minnetonka Beach portion at a reasonable interest rate in equal payments over a period not to exceed five years. seconded by that the CouncilPROPOSED MOTION - Moved by ^ ^ w i offer to pay up to $ for the installation of a 125 decibel siren in Minnetonka Beach and that the City additionally offer to Minnetonka Beach the opportunity to finance the purchase or the siren through the City of Orono. Ayes_, Nays_. i DATE TO: FROM: 7.pril 6, 1988 Mark Bernhardson, City -idr i r.is t rat or Mel Kilbo, Chief of Police SUBJECT: Minnetonka Beach Siren f |:VI i?i ; • - It'. 0 % I- It' IIr I' Vr ? i I am the Emergencv Prenaredness Director for the Citv of Orono. The other contract cities of Minnetonka Beach, Soring Park and Lena Lske have also designated me as their Emergencv Preoaredness Director. The Federal Government does give some fundi no for emergencv manaoe- ment assistance work for processing oroorams, but onlv in cities of over 5,000 copulation. Therefore the other cities would not be el igible but they still have to have an emeroenev Dreoaredness director. As a part of the emergencv plan, the Citv of Orono, throuoh mvself have a master siren plan, almost the entire citv is covered with sirens in the projected plan. So far in the overall plan, there are onlv 2 sirens in the Long Lake area, funded bv Long Lake, a siren at Navarre, funded by Orono with a share from Soring Park. A map of the siren plan is enclosed for ’'our review. The Civic Association of Minnetonka Beach has a’^"roached the council to request a weather siren. The Minnetonka ppach Council renuests me to look into it. I have given them a copy our master siren plan and have obtained two quotes for them. One of the sirens is a 115 decibel siren whic* is a smaller siren than we have at Navarre. The other would be the same size as the one we have at Navarre. Naturally these will give varying amounts of coverage for the City ot Minnetonka Beadi as well as the Citv of Orono and Big Island. The range of both of these sirens would be somewhat enhanced bv the fact that Minnetonka Bea<di is almost completely surrounded by water, and as a result the sound would tend to travel further both towards Big Island and the Crystal Bay area, and might be nroiected bv the graph. In ?''86 the City of Orono budgeted $14,000 for a weather siren placed in t.jvarre in 19 87. At that time we indicated to the Citv of Spring Park that we would be interested in sharing this siren because of its location at the Orono Water Plant on Blaine, as it would certainlv supply warning services for them, and aaain it fit into our master siren plan. In subsequent months we came up with a projected share and in particular case we came up with a ^ share of the total cost of the siren, looking at the land mass and area it would cover into Soring Park. On December 2, 1986 the City Council of Soring Park authorized expen diture of Spring Park’s share at $3,100 and it was provided to us in the 1988 budget. The siren was operational on or about March of 1987. This memo is to request permission and input into a possible proposal to negotiate with Minnetonka Beach to share in their siren cost, as anv siren placed into Minnetonka Beach, whether it be the 115 decibel or the 125 decibel will give alerting to portions of Orono. The 115 bel would cover part of the A-*cola Bridge area and oossibly some of the North Shore Drive area. The 125 decibel would cover almost into Crystal Bay and cover portions of Big Island and again depending on the water u 11 tv I'- !(• I f.f i^:r ^* ■p: !&■ I m ii-m Page 2. effect may cover more of Bic Island. I have requested and received informal quotes for both sirens in Minnetonka Beach and have discussed the overall cost of the sirens with the City of Minnetonka Beach. The total cost for a 115 decibel siren installed is $11,658. I would recom.mend -0 nercentaoe or^ ^ 4 A ▲ 4 A ^9 W A M ^ ^ ^ — - _ _ — I s 2332 for our share for that particular siren. The 125 decibel siren, much like the one we have in Navarre and at the oolice station in Long Lake costs $14,834, of which I would suggest we share -in the percentage of___25 _for a total dollar amount of $ as our share. I feel that this would be of benefit to Orono and I am ve."Y concerned about the overall orotection that might be extended to Navarre and Minnetonka Beach and the Crystal Bav areas as we are a part of the "tornado allev" of the Twin City area. I urge consid eration of this plan and urge that we look at sharing the cost of the siren as a part of the overall olan. enclosures attached ^ —- —' 111 * ICOINA LMCt r « t 1 eV ^ j^V T VJ? WfeOATA V I y/ Otlou • ^ \V City of Ororv », Minnesota :i3S- ToM^ s f^cn^. / .1 ' MEMA METRO REGION WARNING ZONE Mm. 1/28/88 •: ■ i. r I. r" -s'-.. 1^- H w ^'4 ^';' i*^ I/.- I I I f 1. ^:-- mm INTEROFFICE MEMO DATE; TO: f^OMi SUBJECT; October 23. 1986 City Administrator Mark Bernhardson Poli-je Chief Mel Kilbo weafi*er Siren Request ^^0 of Orono Dudqcted $14,000 for a weather siren to be placed in Navarre in 1986, whitdi was the site of a tornado in 1965. The City Council of Spring Park has expressed interest in sharing the expense of this siren because its location at the water plant will supply warning services for them. Also, it does fit into the roaster siren plan for their emergency preparedness plan, as I am the director for both Spring Park and Orono. This price negotiation can take place after Orono Council action. received quotes on both mechanical and electronic sirens. See attached sheet of quotes. I am advocating the selection of an electronic siren for several reasons. Electronic sirens require only ' ^ '^olt lectrical service to diarge 12 volt batteries because they te otf batteries, power outages do not affect siren operation, jtronic sirens also can be used directionally with a loud speaker for use in spills of hazardous materials or other needed evacuations. I %fOuld recommend low quote of El ctric Service Co. at $11,666.00 for an electronic siren. t '-I fe' ■K ,*V i' f- ¥ ^6' • ^ ■'F r »r-v f. r;: >■ m- DATE:November 21, 1986 TO:Spring Park City Council FROM:Chief Mel Kilbo SUBJECT: Weather Siren, cost sharing discussion about tHe siren installation vith the Police Commission and the discussion by the entire council at its l^t inee^lnQ^ I wish to propose an amount that might be considered by Spring Park for its share. The projected location of the siran (Orcno’s water plant in Navarre) is such that it will supply about (\) one-fourth of its coverage to Spring Park. There may be an additional coverage extended because of the lake area. The City of Orono agrees to pick up the recurring dtarges (electricity and maintenance). Any major part replace ment would be negotiated between the cities. Very few repairs are anticipated with a battery run 110 volt charger equipped electronic siren. The low quote of Ele .ric Co. at $12,525.00 has been recomme.-ied by me to the Orono Council at their meeting of 12/8/86. I wouad then request $3,100.00 from Spring Park as their share of the proposed siren. I would request that the siren be operational by ^1arch 15, 1987. ■■ V •V ,N,. I p- U 'f <r,■}•■ Xkr< ri- ;> 'f- *Jh •t' I. '^4 jr. ;^v- I i" JkL: iir^ifii i City oj 2p/iing ^Pa/ife" J«fOiM P. Pockvam P. 0. BOX 452. SPRING PARK.. MINNESOTA 55384 • PnofW: 47l-fl051 • ON LAKE MINNirONKA 4714515 e CsMncBsuwtsfs IMsHstler 4714304 December 2, 1936 Larry C. Jungs 471-7360 TO:Police Chief Mel Kilbo WonKfssmsf PROM:Pat Osmonson,City Administrator 471-7330 SUBJECT:Weather S ran - Cost Sharing CartWidmsr 4714420 At their neeting on December 1| 1966 the City Council unaninously voted to particioste in the cost sharing of the weather siren as proposed in your memo of November 21st. We understand Spring Park's share will be $3100.00. The Co\incil has finalized their budget for 1967 but will provide this cost in the 1988 budget. We further understand that the siren should be operational by Harch 15« 1967. We all look forward to a long needed weather warning system THANKS. MIMUTBS OF IHB REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1980 II .^1riRCILITIBS STDDT COWTIW- j ^ kIt was moved by CounciImember Goetten, seconded oy CounciImember Peterson, that the Council accept the information regarding the progress of the site evaluation together with adopting a process for development of the criteria for the site and specific commentaries on the sites currently being analyzed. Motion, Ayes 3, Nays 1. Counci Imember Callahan voted nay. Motion carried. 8IRBH IHSTALLATlOa - NimiBTOMKA BBACB , „ w City Administrator explained that Minnetonka Beach is considering installing an emergency preparedness siren in their jurisdiction. Police Chief Kilbo, Emergency Pj^0p^if^dnes8 Director, has developed a master siren plan for the four communities served by the Orono Police Dept, and has indicated that installing a larger size siren in Minnetonka Beach would also benefit certain parts of Orono not currenty covered, particularly Big Island. Staff recommends the City of Orono participate in the cost for the difference of installing the larger siren. Additionally, it is recommended that the City offer to finance the Minnetonka Beach portion at a reasonable interest rate in equal payments over a period not to exceed five years. .SlA 'A. CounciImember Callahan was opposed to the City of Orono going into the financing business regarding it as a dereliction of duty. City Administrator Bernhardson stated in this case the loan would probably be about 2 years at a 7-7.5% interest rate which is the current rate for investments x'aceived by the City. He noted that Minnetonka Beach has not requested financial assistance at this point, and the purpose of the offer would be aiding them as a rod neighbor and possibly allowing the installation of siren this year rather than the following year. He noted that there is no legal probler with this procedure. It was moved by Mayor Grabek, seconded by CounciImember Goetten, that the Council offer to pay up to $3,200 for the installation of a 125 decibel siren in Minnetonka Beach and that Council consider an appropriate loan at a reasonable interest rate to Minnetonka Beach if they make such a I’equest for financing. Motion, Ayes 3, Nays 1. CounciImember Callahan voted nay opposing consideration of a loan to Minnetonka Beach. Motion carried. 71291.6 -r' Tot Proat Dates Subject: Mayor Peterson and City Council Members Mark E. Bernhardson, City Administrat<^'^ ^ 'V July 12, 1991 c// Highway 12 Corridor Study , _ 'a 'VATTACHMENTS - a) Strgar-Rosco-Fausch Dated 7/10/91 B) SFR Letter Dated 7/16/91 C) Transportation Consultant - Request for Proposals 5/21/91 ^ D) MnDot/Highway 12 Corridor Schedule Dated 6/18/91 ISSUE Determine whether the Council wants to undertake a formal arrangement with the Transportation Consultant, Strgar-Rosco- Fausch (SRF), to do a systems transportation planning as it relates to Highway 12 and other transportation issues. INTRODUCTION - A few members of the Council and myself have met with the firm SRF to determine what role they would desire to play in assisting the City of Orono in the development of an appropriate corridor for the upgrade of Highway 12 and transportation issues related to that. 1 ii..' %I DISCUSSION - The results of these discussions are summarized in Attachment A. Attachment C. outlines types of services the City sought generally last year from a transportation consultant. Given the strong recommendation as the calibur of work done by SRFr it is the recommendation of the City Administrator and two Council Members that SRF be engaged as outlined in Attachment A to assist the City in the following areas: - Advice as to the appropriate process; - Reaction or advice on transporation information; - Appropriate contacts in the process for development of creative solutions to the system process. In addition, they would be utilized to analyze transporation impacts of the Highway 12 corridor and how the City’s road system and what alternatives the City should undertake in the development of its transportation chapter for its Comprehensive Plan which may need an amendment as a result of this corridor study . ?r ,r I>r- i: i II iIII Highway 12 Corridor Study July 12, isyi Page 2 of 2 Attachment B represents a budget for this work based on MnOot's schedule. Prior to additional work being done over and above that listed, it would be brought to Council for authorization. This would come from the City's Council fund, "Fund Balance". Although the City did set aside $5,000 for overall Highway 12 Study work, it is anticipated that the bulk of the work would be in 1991. ALTERNATIVES - 1. Adopt. 2. Amend. 3. Table for further discussion. RECOMMENDATION - It is recommended that SRF be engaged in the form outlined in Attachment A and B to work in the transportation area with John Shardlow to do land use work, as needed related to Highway 12 corridor process. PROPOSED MOTION - Moved by seconded by Orono City Council authorizes the engagement of SRF for general transportation purposes, planning purposes, together with utilization of other systems in the Highway 12 process in accordance with the schedule set forth in Attachment B and that those monies come from the City's Fund Balance after the special projects amount has been extended. Ayes _ _, nays_ _. MEB/tln m I ft I r?I iV I' I r,- ?-■'■ ft,r t m-' pftUki_ STRGAR-ROSCOE-FAUSCH. INC. COSI LTINO ENC.INEERS TRA.NSPORTATION ■ CIVIL* STRICTIRAL ■PVRKING* 1. AND SI RVEYORS July 10, 1991 Mr. Mark Bernardson City Administrator CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 RE: PROFESSIONAL SERVICES PROPOSAL TRANSPORTATION ENGINEERING CITY OF ORONO Dear Mark: Based on our discussions, we are pleased to submit this proposal for transportation engineering services to the City of Orono. We understand that our initial assignment would be to provide technical support and assistance to the city in connection with the ongoing studies of state Trunk Highway 12 alignments. Our role would be to work with *“he City staff and other consultants through t.^e review and analysis of proposals and documents from the Minnesota Departmen*. of Transportation and .1,3 consultants. This would include attendance at meetings, review of traffic forecasts, review of layouts, development of findings and conclusions and preparation of rotTicranda to the City. We also understand that services may be requested in the areas of review of the comprehensive transportation plan, analysis of public/private street options, and other ongoing engineering issues. We would propose to be reimbursed for our services on an hourly basis at a rate of 2.5 times salary cost for the actual time expended, for the out-of-pocket expenses (printing, reproduction, etc.) at cost and for mileage at a rate of $.26 per mile. Invoices would be submitted on a monthly basis for work performed during the previous month wi^n payment due within 30 days. Our schedule of hourly rates for employees who woul'i work on the project is attached. We would do work only at the direction of staff and bill you for actual services provided. A report of work performed during that month would be included with our monthly invoice. Suite 150, One Carlson Parkway North, Minneapolis. Minnesota 55447 612/475-0010 FAX 612/475-2429 ----- Ir/ 1^, ■s’.‘ ;s- 'bjc t Lv STRGAR-ROSCOE-FAUSCH. INC. CONSULTING ENGINFKRS TRANSPORTATION « CIMLl STRt CTI RAL • PARKING ■ LAND SI R\ E'K )RS July 16, 1991 rprOil CTTYr.F ORCNO n ^lU Mr. Mark Bernhardscn City Administrator CITY OF ORONO P.0, Box 66 ■JUL 1 ® Orono, Minnesota 55323 RE: SCOPE OF SERVICES Dear Mr. Bernhardscn: Based on our discussion to date on the T.H. 12 issue and as a follow-up to our proposal last week, we have pr*oared an initial Scope of Services to guide our activities dui.;ig the next few months. Based on the project schedule you gave to us, we would foresee the following activities. This of course assumes that if •ny specific Issues arise that require in-depth analysis review, this would be in addition to this estimate. The following tasks are proposed. Task Budget Mobilization 16 Hours Traffic Forecasts (Review, analyze, comment) 16 Hours Layouts (Study, comment, proposo) 24 Hours Evaluate Impact Studies 24 Hours Review Documents (Scoping Document, Scoping Decision) 16 Hours Meetings 24 Hours 120 Hours Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 r {k r:ft & 1^-b' m. STRGAP-ROSCOE-FAUSCH, INC. RANGE OF HOURLY RATES APRIL 1991 THROUGH MARCH 1992 ■■ .TULV- . L , ( I RANGE OF CLASSIFICATION HOURLY RATES 1 'k:''pf-b :lh Principal $80.00 - $90.00 :b-Associate $70.00 - $80.00 fi i;.Senior Professional $55.00 • $80.00 fi. If Professional $45.00 - $60.00 ' ■Tec*'nician $35.00 - $62.00 < • f Clerical/Word Processor $2L 00 - $48.00 r t W:K r;- V' 4:.; t/- ^1-•i- 4 r I1^'c:', ■ i &% sfr Ifel; Mr.. Mark Berjihardson - 2 -July 16, 1991 The estiii-^ d cc 't for these tasks would be $7,200.0C. We would not exceea ihis a*..ount without approval of the City. Thank you for the opportunity to 'provide these services and let me Icnow if v® provide additional information. 7ery truly i STRGAR-RCSCOF->V XH, INC. Peter A. Fausch, P.E. Senior Vice President PAF:bba I r,. 52190.4 reqoest for services TRANSPORTATION PLANNING AND DEVELOPMENT CONSULTANT ENGINEER The Minnesota Department of Transportation has initiated a corridor Selection Study for Highway 12 between the eastern border of Orono to the City of Delano. This proposed facility will have a very significant consequence, not only in the City's transportation planning and community access, but also on its land use and make-up for the longterm future. Regardless of its location, the proposed four lane facility will have an impact on substantial numbers of residents in the community. In order to approach the planning of such a facility and the transporation issues related to it, such as interchanges, feeder routes and flow through the community it is felt appropriate that the City solicite the services of a firm experienced in the area of transportation planning, community access, impart issues, and urban highway design. EXPECTED/POSSIBLE USAGE - Community transportation planning Intregration of the City ’s current transportation layout with the proposed facility. At City request develop selected transportation layouts in the balance of the community. Review of proposed facility layouts as they relate to land development. Highway 12 corridor selection Apprise the City of process and options it has relation to the work being done by the consultant. Assist the City in providing information for alternative corridor designation for study. .xV,.... Lil-------------4,V. i-.v It &' ■ r >;■ i’-I'. .X.:, r- ;-. L.' ■ III i=V- ' ■ u;- Assist the City in identifying issues related to the alternatives. Assist the City in comparing and challenging related technical aspects of the procedure. As requested depending on the agenda, attend the appropriate corridor selection meetings. - Technical Committee - Policy Committee - Citizens Task Force Provide technical expertise and facilitation for discussion of corridor process and related transportation between the City of Orono and its citizens. Rave appropriate knowledge of and access to the MnDOT/Legislative decision making processes as it relates to route selection and recommendations. Inhouse computer aided design capabilities compatible with MnDOT mapping process. Familiarity with the community and potential locations of the Highway 12 facility in the area. CRITERIA FOR SELECTION In addition to general familiarity in the field and one is to perform tasks listed above, the following represent criteria to be considered in the review process: GENERAL COMMUNITY TRANSPORTATION EXPERIENCE Transportation planning MSA budgeting design and administration Road design and bidding Traffic analysis and forecasting B) STATE TRUNK HIGHWAY DESIGN/FREEWAY DESIGN Knowledge and experience related to work either with MnDOT and/or as a consultant to conducting such studies. Prior working relationship with MnDOT staff and process. Enoaged as a consultant to conduct such studies. Environmental Impact statement for Trunk Highways and Freeways Knowledge and experience in the following: Corridor selection process Environmental impact process Interchange location Alternative design Creative solutions to difficult problems MnDOT approval process and legislati'^e processes Knowledge and experience COMPENSATION - It is requested that the consultant indicate an hourly rate of the individuals that would be involved in such a process and generally what they would expect for a number of hours participation in such a project initally the corridor selection eventually with the environmental impact statement as appropriate . --- I I h '-V-. I Ik- v’ f 5- r i . I- r- ■i. \\ ll I i- TH 12 CORRIDOR STUDY • TH 101 TO TH 25 _ _- _ __SCHEDULE OF ACmiTlES June 18, 1991 / ^■- /<J Activity L Estimated Completion Date 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 14. 15. 16. 17. ORGANIZATION Establish Committees/Roles/Process IDENTIFY STUDY ARE.A GOALS/ISSUES/CONCERNS Meet with represcntatives(s) of affected agencies, dties nd groups PREPARE EVALUATION CRITERIA (Based upon goals, *—' identify POTENTIALLY FE-ASIBLE CORRIDORS (600’ wide) DATA COLLECnON/MAPPING PREPARE TRAFFIC FORECASTS SC31EEN CORRIDORS Preliminaiy evaluation of potentially feasible corridors based upon evaluation criteria (reduce number of corridors to maximum of six) PREPARE PRELIMINARY LAYOUTS OF REMAINING COrOUDORS IDENTIFY AND DESCRIBE POTENTIAL IMPACTS OF A /-^TT O TTV^P PREPARE DRAFT SCOPING DOCUMENT (SD) (Project need, alternatives considered, issues, potential impacts) PREPARE DRAFT SCOPING DEaSION DOCUMENT (SDD) (proposed alternatives, issues, impacts special studies to be addressed inEIS) REVIEW DRAFT SD AND DRAFT SDD *'hOU/pUBUC MEETINGS AND PUBUC HEARING A A REVIEW/REVISE DRAFT SDD approve SDD IDENT ^ PREFERRED CORR:i»ie R (?) miwknbmuxm Sent. 1990 Sept. 1990 Sept. 1990 Oct. 1990 Jan. 1991 June 1991 June 1991 .^ug. 1991 Aug. 1991 EACH CORRIDOR EVALUATE CORRIDORS FOR ADDTnONAL SCREENING Sept. 1991 Oct. 1991 OcL 1991 Nov. 1991 Dec. 1991 Feb. 1992 Mar. 1992 Apr, 1992 C p- ■* 1. ■ •f, ,* ■.y Citizen ’s Committee Minutes January 22, 1991 (Approved May 21, 1991) Page 2 Questions from the Committee were received. Bems asked what restrictions are placed on public recreation {4(f)} lands; Hay responded that no feasible and prudent alternative to the taking of such lands will be permitted without further documentation of avoidance alternatives and impact mitigation. MacMillan asked what modifications could be made for Long Lake. Dallam discussed a suggested modification that would route the facility over the railroad and behind the shopping center - which would take me Pannekoeken restaurant and require the roadway to be elevated about 40 feet. From a community impact and engineering standpoint, this is net a feasible and prudent alternative. Winston asked about a tunnel option - Hay responded that the cost of a tunnel could have serious ramifications on the funding for the project (if there were other more cost-effective alternatives available). In Other Business, Hay mentioned that the St Qoud Mn/DOT district would be holding a public information meeting at the City of Montrose to update the public on the improvement of TH 12 from Delano to Montrose. He also mentioned that he will be speaking about the TH 12 project at the January 31, 1991 Maple Plain Chamber of Commerce meeting. Also mentioned was a special public information meeting about the TH 12 scopmg project on February 2, 1991 at the Medina Entertainment Center (formerly Ballroom) MacMillan requested additional information about the traffic forecasting model to be used in the project. Other comments fi’om the Audience were then addressed, including the feasibility of studying a "split corridor" or one-way pairs through Orono and Long Lake; the omission of Bederwood Park in Orono from the features mapping; the contribution of the project to possible urban sprawl; and the ability to convert privately-held land to Section 4(f) land. Truck traffic rerouting was also discussed, as was the new timetable of the project (to be distributed with the minutes of this meeting). Other questions dealt with right-of-way acquisition, the urgency of screening out infeasible corridors to abate the "stale" real estate market fears, the inclusion of minor impro ’« ;ments to existing TH 12 in the traffic forecasts; and the equal treatment of the alternatives selected for further study in the Environmental Impact Statement The next meeting was tentatively set for April 16, 1991, 4:00 p.m.. Maple Plain City Hall. Mn/DOT and HNTB will announce any meeting date changes. Meeting adjourned at 5;2S p.m. RDH/mst V V:i' r^ •’":; Pv ,r Mt fgf :'V 71791/^% %«/ TO: FROM: DATE: Mark E. Bernhardson, City Administrator Dorothy Hallin, City Clerk July 17, 1991 «P SUBJECT: City Recorder Replacement Attachment; A. Teri Naab's Resignation - Contract for Recorder position Memo Dated 7/15/91 B. Advertisement for Secretary/Receptionist Position ISSUE - Employ person to Recorder postion created by the resignation of Laurie Scheffler. 2. Accept the resignation of Teri Naab 3. Authorize search for a replacement. INTRODUCTION - Council accepted Laurie Scheffler's resignation on In addition Council authorized advertisment of aJuly 8,1991. replacement. DISCUSSION - As noted in Attachment A Teri Naab is submitting her resignation as Deputy Clerk with the condition she be appointed Recorder. RECOMMENDATION - It is recommended Teri’s resignation as Deputy Clerk be a^epted and that she be appointed Recorder. Additionally *t is recommended Council give authorization to seek employment of a secretary/receptionist to fill the vacancy created by Teri's resignation. Teri has a computer and printer in her home and has asked permission to use the City's transcriber until she has an opportunity to purchase one of her own. Teir has been a valuable employee through her years of employment and will be greatly missed by all city employees. Lin Vee has indicated her interest in pursuing the Deputy Clerk's position and I would recommend this direction in her employment. TO: FROM: Mayor and City Council Mark E. Bernhardson, City Administrat #0 Forwarded recommending approval. As Lin Vee's position and that of Teri's are valued the same, the possible shift of Lin Vee to Deputy Clerk would not negatively impact the replacement process. 1r PROPOSED MOTION - Moved by oy, seconded _ the employment of Teri NTab as Recorder Council approves and accepts her resignation as Deputy Clerk. Council accepts her resignation with regret but looks forward to her as recorder. Additinally Council authorizes the search for a replacement clerical person. Ayes , Nays I" Li To:Mark E. Bernhardon, City Administrator Dorot»'y ;M. ^Hallin, City Clerk Teri Maab, Deputy Clerk Date:July 15, 1991 Subject: R'iS"''Tiation - Contract for Recorder Position Thio memo is being submitted as my resignation from my current position with the City as Deputy Clerk with the condition that I be awarded a one year contract as City Recorder (thereafter to be reviewed annually) with the conditions of that contract being agreed upon by both parties. I have come to this decision because of conflicts at home and also I would just like to spend some time with my family while they are young. This resignation, if accepted, will become effective after August 9, 1991. My duties as Recorder would begin with the August 6th Park Commission meeting. I have enjoyed the many years I have worked for the City and hope to continue on a contractual basis. I would like to continue health insurance through the City on the Cobra plan for as long as possible. I would also like to retain my money in the P.E.R.A. program at this time. A rFI'r SECRETARY/RECEPTIONIST V- City of Orono seeks person with good word processing skills and ability to work with a variety of people. Qualified applicant must have strong communication & organizational skills, detail oriented & the ability to meet deadlines. Salary range $10.18- 10.48/hr commensurate w/experience + benefits. Call Dorothy at 473-7357. City of Orono, P.O. Box 66, Crystal Bay, MN 55323. Applications close 4:30 p.m., Aug 2, 1991. Equal Opportunity Employer. h ". f W ■h-^:v' f-- :J'' i f*- ► ' r' bs 1-- 71691. %y t//, ^ /9 TO: FROM: DATE: Mark Bernhardscn, City Administrator Tom Kuehn, Finance Director - % July 16, 1991 \o SUBJECT: Close Out 1966-76 G. 0. Improvement Bonds Debt Service Fund Attachment:A. Proposed Resolution to Close the 1966-76 G.O. Improvement Bonds Debt Ser'/ice Fund B. Building Project Funding Source ISSUE - Adoption of resolution to close the 1966-76 G.O. Improvement Bonds Debt Service Fund. INTRODUCTION - The 1966-76 G.O. Improvement Bonds Debt Service Fund has been used to account for the accumulation of resources used for the payment of principal, interest, and fiscal agent fees on the general long-term debt issued during the years from 1966 to 1976. The debt was issued to finance the construction of several water and sewer improvement projects or to refinance previously issued debt. The resources used to pay the debt service were primarily special assessments and interest income from available invested funds. The final installment of bond principal, interest, and fiscal agent charges was February 1, 1991. DISCUSSION - The fund balance or residual equity remaining at June 30, 091 is $349,410.01. Under Minnesota laws the residual equity can be used for general city purposes. It is recommended the 1966-76 G.O. Improvement Bonds Debt Service Fund be closed and the residual equity be transferred to the Building Capital Outlay Fund. I have included a proposed resolution to accomplish the preceeding recommendation. TO:Mayor and City Council PROM:Mark Bernhardson, City Administrat Forwarded recommending approval. PROPOSED MOTION - Moved by , seconded by _, to adopt Resolution # closing the 1966^6 G.O. Improvement Bonds Debt Service Fund to the Building Captial Outlay Fund for building construction and improvements. Ayes , Nays m .V. If-tl A RESOLUTION TO CLOSE THE 1966-76 G.O. IMPROVEMENT BONDS DEBT SERVICE FUND TO THE BUILDING CAPITAL OUTLAY FUND ffHBRBAS, the 1966-76 G.O. Improvement Bonds Debt Service Fund was established to account for the payment of the said bonds principal, interest, and fiscal agent fees; and WHEREAS, the final payment of bond principal, interest, and fiscal agent fees was on February 1, 1991 and the remaining residual equity of $349,410.01 at June 30, 1991 is no longer required for debt service; and WHBRBAS, the City can designate the use of the residual equity for any general purpose. NOW, THEREFORE BE IT RESOLVED, that the 1966-76 G.O. Improvement Bonds Debt Service Fund be closed and that the residual equity at June 30, 1991 of $349,410.01 be transferred to the Building Capital Outlay Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held July 22, 1991. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk ff-r'’ 'i*. r- S-' ^ir U: f u;--f: iV •■*• • tp ■ t: t-- '? 'r' V;»‘- J'>.j ■ ’•*..• V ■r??" .S-'’ At/ADM/80UKCS Draft 6/90 Update 6/91 WOUWCEH Ton BUILDIIIG PBOJBCT BST2MATB8 AS OP 12/90 12/31/90 r. V,-v 1I r r c r 6/90 BetiMtee Pund BAlance/ Beteined Baminqa Actoel Pund Balance Retained Baminqa 12/31/90 Cash Balance 12/31/91 Estimate Cash Balance Available 6/90 Batlmate for Project 6/91 Estimate c 'iOQ«rAl PUfld #1,000,000 $1,039,078 $862,842 $900,000 $100-150,000 $75,000 ( BttildiiiG Pond 2,250,000 2,221,550 2,212,172 2,275,000 2,250,000 2,275,000 SwBr Pond 1,250,000 (OporBtlooa/DtoTBBerYed) 1,313,538 793,986 904,000 450,000 a)450,000 < ««t*r road 100,000 lOparatloBa/onrcMrrad) 101,674 131,245 151,000 45,000 45,000 C Tmvmnmnt Xaproirwt 550,000 662,531 717,336 782,000 -300-400,000 c 00 0«>7« Dapt mad 31S.OOO (avallabla 91) 486,945 1 1 ^ (7/91)315,000 315,000 (a)315,000 < $3,160,000- $3,210,000 $3,460,000- $3,560,000 c *a) Could be considered as loans or repayment in future.c • • GO M Fuad 1220,000 (available 1996)$230,000 (1996 available) MlVCty IS (130,000/yr fro® Caseral 09-9B)$30,000 (currently going into PIR)/ Itraat U«hta (•15,000/yc)$0 now being used/General Pun.'• t OCTIK rom (Hot Con,ldarad> Park PwidB 1145,000 $214,931 $169,395 $167,000 c. SBproPdMttt i laoipMit Ootley 260,000 217,609 221,465 241,000 • c OoX*-82,690 31,846 50,000 c :'■> ■I ^ . r .4 c e V . T1 r: r / V Vf i,r r? I--f ■■is ^•\' fr |N llv.: 71591.1To: Prcn: Date: Subject: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director July 15r 1991 w% Subrecipient Agreement ~ 1991 Community Development Block Grant Program Year XVII •V As a matter of procedure, the City of Orono enters into an agreement with Hennepin County after the Community Development Block Grant Program has been submitted and approved by them. Attached for approval is a resolution approving the agreement. The acreement is not attached because of the length of the agreement bur is available for review upon request. RBCONMBMDATION - To approve Resolution #____ approving the agreement with Hennepin County for use of Year XVII Community Development Block Grant. Moved by , seconded by , to approvePROPOSBD MOTION - _ _ _ _ _ Resolution #_ _ _ _ appro/ing the agreement with Hennepin County for the use of Year XVII Community Development Block Grant Funds. Ayes _ _, nays _ _. To: Proa: Mayor Peterson and City Council Mark E. Bernhardson, City Administrato^l Forwarded recommending approval. JRG/tln r-'. i ^ -S '■•t; f. ?. . i': ' V-.L'. . .f r? . ■-• - T'M: ’Wh "L- T .* i'.- <iC RBSOLOTIOII AOTBORIZIIIG MAYOR « CITY ADMINISTRATOR TO EXECUTE SOBRBCIPIEMT AGREEMENT WITH HENNEPIN COUNTY POR THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS# the City of Orono has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1991 (Year XVII) Urban Hennepin County Development Block Grant Program; and WHEREAS# Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the prograun and the City is a subrecipient under the program and receives a share of the grant; and WHEREAS# progreun regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processses for activities to be undertaken with program funds. BE IT RESOLVED# that the Orono City Council hereby authorizes and directs the Mayor and the City Administrator to execute Subrecipient Agreement, County Contract Number A07701, on behalf of the City. Adopted this 22nd day of July, 1991. ATTEST; Barbara A. Peterson, Mayor Dorothy M. Ballin, City Clerk I To: Proa: Date: Subject: Mark E. Bernhardson, City Administrator John R, Gerhardson, Public Works Director July 16, 1991 A Resignation - Jim Gilbert, Park Commission Member \ On July 2, 1991 Park Commission Member Jim Gilbert submitted his resignation from the Park Commission effective that date. RBCONMBVDATIOH - To accept the resignation of Jim Gilbert, Park Commission Member and to draft a letter of appreciation to be signed by the Mayor and Council. It is further recommended to advertise for and accept applications to fill the vacancy. PROPOSED MOTIOR - Moved by , seconded by to accept the resignation of Jim Gilbert as Park Commission Member and to draft a letter of appreciation to be signed by the Mayor and Council. It is also approved to advertise for and accept applications to fill the vacancy. Ayes _ _, nays _ _. TO;Mayor and City Council FROM;Mark E. Bernhardson, City Administato Forwarded recommending approval. ..- -J r ■V I p. i.- JAMES H. GILBERT 955 Tonkawa Road Long Lake. Minnesota 55356 (612) 471-0809 Home (612) 339-9121 Office omroF ORONO July 2, 1991 JUL 5 1991 HAND DELIVERED Mr. John Gerhardson CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Dear John: I am writing this as a letter of resignation from my .'ark Commission position for the City of Orono. I have enjoyed serving on this commission since 1988 and working with you, the commission members and other staff members relating to park issues. I espe cially enjoyed working to help update the City's park dedication fees, and to help resolve the Bederwood baseball situation and move the community baseball diamond concept forward. Your efforts were ^2,ways invaluable and encouraging, and you worked well with the other commission members in helping move these matters forward. Over the past several months, my volunteer and legal activities on behalf of Governor Arne Carlson have increased dramatically. 1 anticipate that this might continue being a major time commitment on my part, which I also thoroughly enjoy. However, it is impossible to devote enough time to both tasks and still do justice for my law practice and family time. I know there are a number of very inter ested and qualified individuals who would be excited to serve on the park commission at this point in time, and I anticipate that the good work of the Park Commission will continue. Accordingly, effective after the July 2, 1991 meeting, I resign my Park Commission position. I would appreciate it if you would relay this to the City Council so they can publish an announcement as soon as possible about the vacancy and have my seat filled some time in the immediate future. Thanks again for all your work, and it was really a pleasure getting to know and work with you. Yours trul JHG/nj mif James H. iGilbert cc: Mr. Dick Flint aft-1 I II' m »T ’ •TOs Mayor Peterson and City Council Members Mark E. Bernhardson, City Administrate Date: Subject: ISSUE July 12, 1991 Police Chief Selection Meeting 7/23/91 1. Reminder to Council of the upcoming interview meeting as follows: 3:00 p.a. to 6:00 p.e. Orono Education Link Building 107B Old Crystal Bay Road North 2.Presentation of information to Council in advance of meeting. INTRODUCTION - The attached Information is given in advance of the review date on July 23rd. NEB/tln cc: Police Selection Committee James Brimeyer, Sathe & Associates iir*. Ili^‘ • ; . ¥ • ' ■ f v'-;- . fKn*' .X -<C7^—^ nteroffice Memo Date: July 16, 1991 To:Mark Bernhardson. City Administrator % From: Gary Cheswick, Acting Chief of Police Re:Hiring of Part-time Secretary (16 hours) We have begun the hiring process to replace Sally Christianson. We have received six applications for the position and interviews and testing will take place on Wednesday, July 17, 1991. From these candidates, we do expect to find a suitable applicant, as all candidates seem to have the technical experience we are looking for. Therefore, I request permission to hire the chosen candidate effective Tuesday, July 23, 1991. TO: FROM; Mayor and City Council Mark E. Bernhardson, City Administr Forwarded recommending approval. The successful finalist will be presented for confirmation at the Council'.‘= 8/12/91 meeting. PROPOSED MOTION - Moved by seconded by the Council authorizes engagment of a part time clerical with confirmation to be presented at the 8/12/91 meeting. Ayes _, Nays _. - if L vf ’ r* If-h'-?f■(, rI m.*'•'■ &/•- p: v.^ i^'k &- ■’1891.3 % '■r'o. TO: PROH: DATE: Mayor and City Council tfOMark E. Bernhardson, City Administrator july 18, 1991 2fa 'O sv ^ SOBJECT: Severance Pay - City Administrator Attachment:A. Finance Director's Memo to City Council/ Severance Pay - Dated 7/17/91 B. Draft Contract Appendix to City Administrator's Contract ISSUE - i. Determine if Council authorizes severance pay for City Administrator: a. ) Two weeks severance per contract b. ) Unused vacation 2. Determine if Council desires to adjust City Administrator's pay effective 1 May 1991 as part of the annual review process. INTRODUCTION issue ♦! - Attachment A is presented for your consideration . Issue #2 - It was requested that this item be placed on the agenda"“to determine if Council would authorize the City Administrator the same 4% increase effective May 1, 1991 that general employees received on 1 January 1991. .■v> W’ i- S: < .|i'w. ■a: ft ht' ■* !■ I-I?V '•- fe ||- f:.- * <A. 189:/jnT^Cr^e-xjr/( TO:Mayor and City Council FROM:Thomas Kuehn, Finance Director DATE:July 17, 1991 SUBJECT: Severance Pay - City Administrator Attachment: A. City Administrator's Employment Contract ISSUE - Severance pay due to City Administrator Mark Bernhardson at the termination of his contract. DISCUSSION - As Stated in Section II C of the employment contract the City Administrator may resign after two months prior written notice; and in Section X E he will be paid two weeks severance pay upon termination of the employment contract. Mr. Bernhardson has followed the contract provision as stated and therefore should be paid two weeks several*re pay in the amount of $2,221.36. In addition to the severance pay Mr. Bernhardson will have an unused vacation balance of a^'proximately 51.7 hours or $1,435.00, also to be paid at the time of termination. At this time Mr. Bernhardson's total estimated severance and vacation amount to $3,656.36. These figures will of course be adjusted to reflect the final correct hours and rates upon presentation of the final time sheet. RECOMMENDATION - It is requested that Council approve the estimat'e3 severance package as presented with a final accounting to be done with the last time sheet. PROPOSED MOTION - Moved by _, seconded by _, to approve a 4% salary increase from $57,755 to $60,065 for City Administrator Mark Bernhardson effective May 1, 1991 and to approve payment of two weeks severance pay and all unused vacation in the total amount of $3,656.36, and that such payment be adjusted as required after audit of the final balances and implementation of the new salary rate. Ayes , Nays i-Vvfe-- ■ f.- ♦■ . i:' t J -h.' r ' : f ■' r . i I'., !■ ^rmo.ff^n^'T' /I EMPLOYMENT CONTRACT THIS AGREEMENT, made and entered Into this day of V(\a\o^^ . 1985, by and between the CITY OF ORONO of the State of Minnesota, a municipal corporation, bereloafter called "CITY," as a party of the first part, Mark E. Berohardsonf bereloafter called "EMPLOYEE" as party of partp both of wbom understand as follows: and the second WITNESSETH: WHEREAS, the CITY desires to employ the services of Mark E. Bernhardson as City Admloletrator of the CITY OF ORONO; WHEREAS, It is the desire of the CITY to provide certain benefits, establish certain conditions of employment, and to set working conditions of said EMPLOYEE; and WHEREAS, EMPLOYEE desires to serve In the employment of said CITY as the City Adainistrator: NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DOTIES Aw The CITY OF ORONO hereby agrees to employ Mark E. Bernhardson as City Adainistrator of said CITY to perform the function and duties specified in the position of City Administrator. SECTION II: TERM Aw The term of this written employment contract shall be four years beginning May 1, 1985. The EMPLOYEE and the CITY OF ORONO shall have the option to extend this agreement as provided in SECTION XII, B. B.The EMPLOYEE shall only be terminated for cause after written notice of charges delivered to the EMPLOYEE. EMPLOYEE Is entitled to a hearing by the full City Council on request. C.The EMPLOYEE may resign only after two months' prior notice In writing unless this time requirement is waived by the City Council. 8ECT10M Hit TERMINATION AND SEVERANCE PAT A.In the event EMPLOYEE is terminated by the City Council pursuant to SECTION II, B, and said EMPLOYEE is willing and able to continue to perform the duties of the City Administrator, the CITY agrees to pay EMPLOYEE a lump sum cash payment equal to six months gross salary, including all insurance benefits, if involuntary termination takes place during the first year of employMot, five months gross salary, including all insurance benefits, if involuntary termination takes place during the second year of employment. four months gross salary, Including all insurance benefits, if involuntary termination takes place during the third year of employment, -1- m \ 1. I nr h -V''- r, , rVr- ‘i-, V ,•t ,r i; f.' \ r V . > A. B. A. A. A. A. three months gross salary, including all insurance benefits, if Involuntary termination takes place during the fourth year of employment, provided, however, that in the event EMPLOYEE is terminated because of his conviction of any illegal act involving personal gain to him, then in that event, the CITY shall have no obligation to pay the aggregate severance sum designated in this paragraph. SECTIOH I?: SALARY The CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary of Forty-four thousand dollars ($44,000.00) payable in installments at the same time as other employees of the CITY are paid. This salary may be adjusted as provided in Section B. The CITY agrees to increase the annual base salary of EMPLOYEE in such amounts and to such extent as the City Council may determine that it is desirable to do so on the basis of an annual anniversary performance review of said EMPLOYEE and/or at such other time as the City Council deems appropriate. SECTION Y: HOURS OP WORK It is recognized the EMPLOYEE'S work hours will exceed the normal forty hour work week and that EMPLOYEE must devote time outside normal office hours to business of the CITY and to that end EMPLOYEE will be allowed to establish work schedules mutually acceptable to the EMPLOYEE and the City Council. • } SECTION ?I: AUTOMOBILE The EMPLOYEE will be paid a car allowance of Two hundred fifty dollars ($250.00) per month to compensate for all CITY driving on CITY business. This rate shall be reviewed annually and adjusted by the City Council as required. SBCTIOh ?11: DUES AND SUBSCRIPTIONS The CITY agrees to budget and to pay the professional dues and subscription of EMPLOYEE necessary for his full participation in national, regional, state and local organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the CITY. SECTION VIII: PROFESSIONAL DEVELOPMENT The CITY hereby agrees to budget and pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, educational programs, and occasions adequate to continue the professional development of EMPLOYEE and to adequately pursue necessary official and other functions for the CITY, including, but not limited tOf the Annual Conference of the International City Management Association, the National League of Cities, the State League of Municipalities, and such other committees thereof which EMPLOYEE serves as a member up to a maximum of three (3) weeks per year. -2- i •' .'kr • ‘■t .v: I !• A. A. B. C. D. B. A. A. B. C. SBCTIOB II: BBALTB INSUHANCK The CITY agrees to provide hospitalization, surgical, comprehensive medical, dental and disability insurance for EMPLOYEE and his dependents and to pay the premiums thereon equal to that which is provided all other CITY management employees or to pay an equivalent dollar or balance amount into a deferred compensation plan of the EMPLOYEE'S cho ce legally available to the EMPL''* EE. SBCTION OTHER TERMS AND CONDITIONS OF EMPLOYMENT Vacation. EMPLOYEE shall accrue vacation at the rate of twenty (20) days per year Holidays. EMPLOYEE shall receive holidays as provided for by City Ordinance for other City management employees. Sick Leave. EMPLOYEE shall be granted ninety (90) days of sick leave on May 1, 1985 which may be used by EMPLOYEE for EMPLOYEE'S illness or coo Job-* related injury or for serious illness in EMPLOYEE'S immediate family. Injury On Duty Leave. EMPLOYEE may use up to ninety (90) days of paid leave less Workers' Compensation payments for time lost due to an Injury incurred by EMPLOYEE while on duty and compensable under Sta.e of Minnesota Workers' Compensation legislation. Severance Pay. If EMPLOYEE voluntarily leaves employ of the CITY on termination of this employment contract, EMPLOYEE will be paid two (2) weeks severance pay. F. EMPLOYEE Evaluation. 1.EMPLOYEE will meet no later than August 15, 1985 with the Mayor and one City Council member to set and review performance goals for EMPLOYEE. 2.EMPLOYEE will meet no later than November 15, 1985 and each six (6) months thereafter with the Mayor and each City Council member to review the EMPLOYEE'S performance. SECTION XI: RETIREMENT CONTRIBUTIONS In accordance with Minnesota Statute 353.028 the CITY OF ORONO will adopt and pass the appropriate resolutions and make a contribution equal to and in lieu of the required PERA contribution along with the EMPLOYEE making his required contribution, to an approved deferred compensation plan specified by the EMPLOYEE. This is in addition to any FICA contribution. SBCTION III: GENERAL PROVISIONS The text herein shall constitute the entire agreement between the parties. This agreement shall become effective May 1, 1985, and shall be in effect for four years. The EMPLOYEE and the CITY OF ORONO shall have an option to extend this agreement for additional years by mutual agreement. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. -3- mr'' APPENDIX A The attached contract is hereby modified by the two parties effective 1 May, 1986 in the following manner: i': f’t'? l-ir: V* .rj-.'i > ■ r¥ p‘5'^fe .-1 . , ' -1 i/"' t . IC'.'V % ^;v,'_ K- <« 51387.2 APPENDIX B The attached contract is hereby modified by the two parties effective 1 May 1987 in the following manner: SECTION IV: SALARY Effective - 1 May 1987 the salary shall be increased to $50,138 following Council review and approval at its May 1 1, 1987 Council meeting. Amended this 26th day of May 1987. FOR THE CITY OF ORONO ATTEST It.. Lh y -:.v ft; fcS'>S » ' ■ jt;-p; r-i I-I ' ;?;.>■•I-' It- fe■■v'. ii-- 51388.3 APPENDIX C The attached contract is hereby modified by the two parties effective 1 May 1988 in the following manner: SECTION IV: SALARY Effective - 1 May 1988 the salary shall be increased to $53,146 following Council review and approval at its April 25, 1988 Council meeting. Amended this 23rd day of May 1988. FOR THE CITY OF ORONO JLy. ATTEST:?7_1 Cler a EMPLOYEE: Mark E. BerrThardson 't.y- ; 'a:- $.I' ^:- f.fe m 10 m 0.'■■■ '0r- '■ ■' i"' i--. 0-y y-y i4;' ■If:- tf-; iS};'M- ^.y-’-:- ■■ (& p--= 0\‘- ■ m. ■ ;•-;■■■ APPENDIX D The basic contract between the City is further amended effective 1 May, 1989 in the following manner: SECTION II TERM A. The original 4 year term of the contract is extended for a period of 1 year to 30 April, 1990. C. The employee may resign only after 60 days prior notice in writing unless this time requirement is waived by the City Council. SECTION III TERMINATION AND SEVERANCE 3^ Por the fifth year of the contract from 1 May, 1989 to 30 April, 1990 the terms listed in paragraph 1 of this subsection shall apply with the following addition: Three months gross salary including all insurance benefits, if involuntary termination takes place during the fifth year of employment. SECTION IV SALARY B. The salary effective 1 May, 1989 shall be increased to $55,006.00. Amended this 12th day of June, 1989. For the City of Orono ATTc ST: Its ^toyor Employee Mark E. Bernlta^^son f- t r: -■ fe-" i ■' fe’r--. fits "U •■“Sir :W K. ?•■'■ I-*-- ■• K k - r: ' t-'. .• ■ s ^ ■'-.'i,.- r- '■' -:f-. APPENDIX E The basic contract between the City is further amended effective 1 May, 1990 in the following manner: SECTION II ter:i A. The term of the contract is extended for a period of 2 years to 30 April, 1992. SECTION IV SALARY B. The salary effective 1 May, 1990 shall be increased to $57,755.00. SECTION VI AUTOMOB;LE A. The car allowance effective 1 May, 1990 shall be increased to $350.00 per month. Amended this 29th day of May, 1990. For the City of Orono Employee Marx E.nhardson -frid i riri ^1... f '.vr I-A-/. fy: II rIP I if:' »' f:i‘ fc" ■fKk-:- r^a -4fe: rB- APPENDIX F The basic contract between the City is further amended effective 1 May, 1991 in the following manner: SECTION IV SALARY B. The salary effective 1 May, to $60,065.00. 1991 shall be increased SECTION VI AUTOMOBILE A. The car allowance effective 1 may, 1991 shall be $350.00 per month. For the City of Orono Its Mayor ATTEST: City Clerk Employee Mark E. Bernhardson ¥ h.. itf, rV.. f : i-V (*■■■■ ft; ,‘ t>c 11990.3 (8^) TO: PROM Mark Bernhardson, City Administrator Tom Kuehn, Finance Director ^7• \ DATE:July 16, 1990 \ SUBJECT: Appoint Auditor for Fiscal Year 1991 % We have requested cost estimates from the audit firm of Malloy, Karnowski & Company (formerly Pannell Kerr Forster) for performing the 1991 fiscal year audits. They have submitted a total estimate of $14,800, excluding direct expenses and excluding any additional expenses incurred as a result of application to the Certificate of Achievement for Excellence in Financial Reporting. This compares with an actual cost for the 1990 audits of $15,405 plus $795 for direct expenses and $3,000 for the certificate program. The 1991 FY cost estimates are: a. Annual audit for the City $13,100 b. Single audit covering federal programs 700 c. Minnesota legal compliance audit 1,000 TOTAL $14,800 We budgeted $15,840 in 1991 for the 1990 audits, plus $3,800 for the Certificate of Achievement and direct costs. The 1992 budget can actually be reduced about $1,000 based on the new estimate. RECOMMENDATION - It is requested that Council approve the appointment of the audit firm of Malloy Karnowski & Co., C.P.A.'s to perform the required audits of the 1991 fiscal year records. TO: FROM: Mayor and City Council Mark Bernhardson, City Administra Forwarded recommending approval. PROPOSED MOTION - Moved by seconded by to appoint the audit firm of Malloy Karnowski & Co. to perform the required audits for the 1991 tiscal year at an estimated cost of $14,800 plus direct expenses. Ayes , Nays ... iil~i ir n p 1:? N::f-''- I f---' /> r.- V fc i^'^T-k k i-; 'I t r" r"».. -• . 71791.6 /A TO: FROM: DATE: Mark E. Bernhardson, City Administrator y7. % Dorothy Hallin, City Clerk 7 July 17, 1991 SUBJECT: Personnel Policy Amendment - Personal Holiday Attachment:A. Section 307 Holidays - Administrative and Personnel Policy B. Draft Resolution Amending Administrative and Personnel Policy ISSUE - Amend Section 307 of Administrative and Personnel Policy to establish the personal holiday at the time the city calendar is prepared for the following year. INTRODUCTION - The City Council adopted the Administrative and Personnel Policy on November 25, 1985 which includes Section 307 Holidays. This section includes a personal holiday to all regular full-time employees. DISCUSSION - In years when selected holidays (Christmas, New Years, veterans or 4th of July) fall on Tuesdays or Thursdays, it creates a ”1 day work week" and many people want to be gone. It would be easier to use the personal holiday to make that an official closure day. Additionally administrating the use of the personal holiday has been a cumbersome task for the department heads and payroll department. It requires extra time to determine that it is recorded correctly on time sheets and that each employee uses it during the current payroll year. RECOMMENDATION - It is recommended by staff that the AcGuhTstfatTve and Personnel Policy be amended to read that the personal holiday will be established at the time the calendar for the following year is approved by Council. When appropriate the personal holiday will be scheduled to extend weekends in conjunction with other orficial holidays. (Example would be in 1991 scheduling Friday, July 5th as the personal holiday.) By setting the personal holiday on the meeting schedule before the year begins will give employees time to plan vacation days. Attached are calendars for 1992, 1993 and 1994 with the 10 scheduled holidays noted. (For example in 1993 November 12th, a Friday would be designated as the holiday.) It is recommended that Attachment B, draft resolution, be adopted as an amendment to the Administrative and Personnel Policy. t- \r :^V i- - 1 TO: Mayor and City Council ^ y. FROM: Mark E. Bernhardson, City Administrat Forwarded recommending approval. seconded by Counci 1 adoptsPROPOSED MOTION - Moved by _. . _ resolution f adopting amendments to the Administrative and personnel Policy Section 307. Ayes __, Nays ^4^ -V, i I'r iS.^""' jlntdMe^r 4 from year to year with the balance being lost on December 31st/ unless otherwise approved by the Administrator. Adopted 1/14/91 d.The maximum vacation allowed to be pad out on termination is thirty (30) days. 307. HOLIDAYS 1. The City shall observe the following as official holidays for all regular full-time employees: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Columbus Day or Friday after Thanksgiving* Veterans' Day Thanksgiving Day Christmas Day In additon they shall receive one personal holiday to be scheduled and approved in the same manner as vacation. * As determined by Department Head and approved by the Administrator. ^ • 2. All regular full-time employees wi 1 be entitled to receivp pay for official holidays, at their no ma straight time rate Employees on sick leave or vacation shall -eceive holiday pay. Holiday pay shall not be earned by any employee during a leave of absence without pay, suspension or time otherwise not worked or paid or otherwise not compensated. 3. Non-exempt regular full-time employees who are required to work on a holiday shall receive an additional time and a half pay in addition to their normal holiday pay for hours actually worked, depending on their eligibility as specified in the provisions for ovftrtlne in the Compensation Plan or shall receive another day off in lieu of the holiday at the discretion of the Department Head. 308. SICK LEAVE 1. Eligibility for sick leave is authorized absence from duty with pay# granted to regular employees who meet certain requirements. Sick leave is not to be used at the discretion of the employee. Sick leave shall be allowed only in case of necessity and actual need as explained below. All regular full time employees shall accumulate eight (8) hours of paid sick leave pet month, not to exceed a total of nine hundred sixty (960) hoi 2. Sick leave shall not be earned by any employee during a leave '4 1 h V. V,- New Years Day I •i<* Martin Luther l ing o^C aT Presidents ' Day TcJfe •if Memorial Day Independence Day ^ •ijL Labor Day “J Veterans Day li Thanksgiving Day Friday after Thanksgiving 1 9 Chr^ stmas Day"^0ll ^ Monday Holidaj ^2 T V . T r-.*rv» JANUARY M T W T MAY SEPTEMBER S M M T W T r ^2 3 4 S 6 7 I 9 10 1: 12 13 14 IS 16 17 18 19^21 22 23 24 2S » 27 28 29 30 31 1 2 ^ ] 8 7 8 9 . i 12 13 14 15 16 17 18 n 20 21 22 23 24^26 77 28 29 30 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FEBRUARY 1 2 3 4 5 fc / 8 9 10 11 12 13 14 15 16:«C18 19 20 21 22 23 24 25 26 27 28 29 JUNE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 march 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY 1 2^4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL 12 3 4 $ 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AUGUST 1 2-34 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCTOBER 1 2 3 ' 6 7 8 9 10 j 13 14 15 16 17 i9 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER 123^567 8 5 lOTfr 12 13 14 22 23 24 25 29 30 DECEMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24X29 27 28 29 30 3V i i t A' New Years Day i Martin Luther KingJlVi!>\$ Presidents' Day PfcB >C Memorial Day (V\ftS,3l Independence Day S* yfi Labor Day ^CPT (o Veterans Day L%v ll Thanksgiving Day Friday after Thanksgiving Christmas Day~t)€G. *1*1 1 9 9 3 Monday Holidays JANUARY S M T W T F S MAY S M T W T F S SEPTEMBER S M T W T F S 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 X^19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o:5i; ^12 3 4 5 pO 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 FEBRUARY 1 2 3 4 5 6 7 8^ 9 10 11 12 13 14:wf 16 17 18 19 20 21 22 23 24 25 26 27 28 JUNE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MARCH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY ^ 12 3 4>C6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER 1 2 3 4 5 6 7 8 9 10Xl2 13 14 15 16 17 It i9 20 21 22 23 24'i» 27 28 29 30 ' APRIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Aur JST 12 3^567 8 9 10 11 12 13 H 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 29 30 31 « DECEMBER 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23X25 26 27 28 29 30 31 New Years Day *51' ^ Martin Luther King1*1 Presidents' DayT®^^4 ^ Memorial Day VKAtH ^ ; Independence Day Jo<W Labor Day 3T Veterans Day U Thanksgiving Day Friday after Thanks . iJS” Christmas Day''D*^^U» pfC Monday Holidays r ‘ ■ [•I - *■ JANUARYs M T wjt: 2 3 4 5-€rJ 8 9 10 11 12 13 14.15 16^18 19 20 2K22 23 24 25 26 27 28 29 30 31 FEBRUARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14^15 16 17 18 19 20iC22 23 24 25 26 27 28 MARCH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 APRIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :3 24 25 26 27 28 29 30 MAY^ M T W T. E-ST 7“3 4~5^ 6 7 8 *9 -1011 12 13 14 15 16 17 18 19 20 21 22.2324 25^ 27 28 29^31- ** ■ •' JUNE ' 12.3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY 3 X^5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AUGUST 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *SEPTEMBERS_ M T W T •• 1T 7~24^6 7 S 9 10 11 1213 14 15 1617 M 19 20 21 22 23 24 25 26 27 28 29 30 . -’f OCTOBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER 1 2 3 4 5 6 7 8 9 10^12 13 14 15 16 17,18 19 20 21 22 23>< A26 27 28 29 30 DECEMBER :• 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 la 20 . 22 23 24 25'^27 28 29 30 31 t ^>rj1 9 9 A RESOLUTION FORMALLY ADOPTING ADMINISTRATIVE AND PERSONNEL POLICY CHANGES TO THE PLAN ADOPTED NOVEMBER 25, 1985 WHEREAS, the City of Orono last reviewed and adopted its Administrative and personnel policy in 1985 and updated it once in 1988 and once in 1991, and WHEREAS, Staff and Council has determined that certain changes should be made in Section 307 pertaining to the personal holiday, to facilitate the record of use by employees, and WHEREAS, Section 2.18 of the Orono City Ordinances reguire adoption of such a policy by resolution. NOW, THEREFORE BE IT RESOLVED, that the Administrative and Personnel Policy revised 1/28/91 be amended as follows: The City shall observe the following as holidays for all regular full-time employees: official New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Columbus Day or Friday after Thanksgiving* Veterans' Day Thanksgiving Day Christmas Day * As determined by Department Head and approved by the Administrator. A holiday in addition to the ten listed above will be designated by the City Council prior to the start of that calendar year. If not so designated as an official holiday prior to 31 December of the preceding year then that one day becomes a personal holiday to be scheduled at the employees convenience. The Council may designate the holiday from one year to be a holiday in the prior year when Christmas Day and New Years day fall on Tuesday. c: ■■Kvr’ L’’-- Adopted by the City Council of the City of Orono at a regular Council meeti.^ on July 22, 1991. fcV t' 1i: :^y.. s:';^ 1-"^;. .I':-M' t" ^Kf' 1-^' b:: 'm S ‘::. . ^%t: #k-.. :‘b : '•■ . • > V :Ur ifc- TO:Mayor and City Council 71891.6 c^' FROM:Mark E. Bernhardson, City Administrator DATE July 18, 1991 % % SUBJECT: Administrator's Information SPATES AVENUE - Staff is awaiting the completion of the County taking traffic counts on15/51interchange and will then be Spates Avenue. Once those are completed staff will arrange a meeting with the neighborhood to discuss the various alternatives to layout of those and then determine if there is consensus among those on Spates. PROPOSED HOUSEHOLD HAZARDOUS WASTE COLLECTION SITE - Recently the City was advised that Hennepin County will provide technical assistance for a drop off site of household hazardous waste (paint; pesticides, fertilizers, etc.) for those interested communities and that the drop off site could be the Hennepin County Truck Station in Navarre. The dates would be September 6- 7 and/or September 13-14, 1991. This program would be in cooperation with neighboring communities. The City of Orono will be discussing the program with our neighbors through the West Hennepin Recycling Commission. I will keep you advised as the program moves forward. TYoi Crystal Bay. Minnesota 55323 building & zoning - 4 ■ 3- 35 < assessing^----_:^^^^r7-b37^drc-ertific^ cir.if f,.S":r.shop approval period. ,U applications are suPi ^ ^ ^ - Business or 2 Business address --------- ' ^ TZ a.___^ ^ c J ___nhnne AO Business address O! ^ /<r7P~S^8 Business phone ............. ...........Business pnon® c2.ci -------------------- Bane of applicant °r company ^a^ese^n»tiWe^^- - - certification -------Pumper. .. j. X. InstallerType of certification ^ ^ #th!fa I^Siifionar^KtlicateT —rr rcate No Is this a i'ruvxsAwa.*-- rrtof t^thrcurrent construction season. P Orono berore. _ji:— 8 orono befor . ^ Have you ever had Where?ZlL iTS-unicipal sever hoo.-ups. VesJ DO you pump out septic tanks? Yes No No SUBIWTTALS required : $25.00 license bond naming City of Orono as S2000.00 “'fl® ^fp?:Sers Bond will not be accepted. y,3. 510-50:100,000 n^imun Certr-r^^ evidence*’■ •S¥rilr:fi:"s.n;s_r:r».. ,t persons other toan aPP^itant «no y y“— >lv for permits under youi x ' . “ of The undersigned ^g®ge^to^install and repair septic Orono, Minnesota, for licens ..anks subject to the laws irSrst“fol Ke°so«"^d the ordinances ° Orono. _ ' KApplicants Signati^«^^. Staff recommendation Approval Reason for denial: —- - - City Council Action Date Date license mailed Date 'S /’^^enial Approved ■ams > u' -#-. •- •. • ^ ’ »* -^.■■'v.T^ . - 5 »v •/^:.'f ••!: •'-" •» Cl- n**Vv ‘ •. liteeeisss^^ :4-v-'#ew'-v! -< * • ■ ‘ • I-?- - J. ' ••• " . ^ - ■ - V!'» •.*^^*'/**tf •-, • • ^v;:*C .* i* -; . ,>-.■ IT : » ■'. .*• 1 • .<» -*••«.». *_•• •>*>... .'1 iU>:^ V * - ♦. * • « A •••.•;,•/;. « ... ^ ‘ •• , • / » «* >v.- -T- .. ■ i 07/07/91 PR CB PRREGOR EMP • NAME 470204924 471688060 50S662439 474563339 471840871 469044600 470500346 475443862 472503991 471729281 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 471569863 473141624 477647279 475246099 475246099 470118449 504260307 472500574 470584708 121262417 472045960 476018974 334506281 474822333 477028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 469629194 P R ABRAHAMSON, FREDERIC ANDERSON. BRUCE L BERNHARDSON MARK E BOBZIEN, SUE A BOSMA. JAMIE L BOWMAN. ERIK A BRAUN, ROBERT R BRINKHAUS. JOHN F CHESWICK. GARY B CHRISTIANSON. SALLY CORNICK, JAMES L DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH, DAN T FRIT2LER. JOHN M GAFFRON. MICHAEL GERHAROSON. JOHN GOMAN, DAVID J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C HANSING. CAROL J JOHNSON. BRADLEY P JOSTROM. FOREST J KARNITZ. RICKY D KILBO. MELVIN H KILBO. MELVIN H KLEVANN JR. PAUL J KNUTSON. CHARLOTTE KUEHN. THOMAS M LINDSTROM. DAVID J MABUSTH. JEANNE A MCWHITE, ROBERT B MILLS JR. WALTER H MOROWCZYNSKI. JAMES NAAB. THERESA L NELSON. DAVID D OAS. DANIEL 0 OBERAIGNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST, WAYNE A RATHBUN, BARRY J ROSS. JOHN A SKREEN, DALE S 475569177 472563051 474663296 470704904 475505292 468629488 500403192 477881539 STEFFENHAGEN. RONALD THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALTERS. LINDA G WECKMAN. STEPHEN J ^%A X 0 % OPT YTD GROSS CURRENT GROSS 93 540 00 122 50 31 23232 20 1960 16 12 33549 OS 2571 37 31 1j399 95 958 72 12 7667 84 687 53 61 1568 00 504 00 93 340 00 95 00 42 21285 23 1522 88 31 23048 00 2248 00 31 2721 22 220 99 31 23497 24 1537 12 31 5735 14 1079 82 31 22915 19 1665 79 31 20119 26 1424 33 31 20727 77 1361 56 31 22126 85 2361 89 33 19459 27 1392.24 42 26293 01 2065-71 35 509 18 127 30 42 18718 06 1361.62 12 16762 33 1199 29 42 15480 97 1013 20 31 7591 67 592 88 31 21841 12 1429 61 93 880 00 217 50 31 5941.05 241.01 31 39285 27 11440 67 31 40360 51 1075 24 61 1580 00 310 00 15 13399 96 958 72 15 28566.81 2048.08 93 235 00 65 00 33 25041 10 1743 51 93 675.00 215 00 93 1218.02 225.75 31 22434 50 1619 76 12 13552.75 958.72 35 2340,70 212.47 93 1366 75 242 00 42 13665 17 870.09 92 15736 94 1185.48 33 19693 60 1392 23 42 13815 16 1258 14 92 18980.77 1290.96 92 16249.82 1100.39 93 223 13 68 25 42 16155.41 1165 19 93 16785 63 1200 96 31 20032 64 1485.31 31 22106 01 1485.31 31 19988.96 1408.48 33 16253.72 1199.29 12 11706.05 862.89 15 15366.78 1056.32 33 12551 48 945.11 ■ M 69.051 34 ■■asaxssss .i 4****V-‘»** i- **» n i.i U- 1991 CITY OF ORONO CHECK REGISTER 06-30-91 PAGE 1 CHECK NO.. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV.• P 0. • MESSAGE HCM79 07/09/91 30.00 30.00 • MCDONOGH TRUCK FGT 01-4232-249-42 MANUAL ' HCtttO 07/09/91 158.93 158.93 • S BOBZIEN SUPPLIES 90-3790-000-00 MANUAL ■**-CKS HCItt2 HCMt2 HCII82 HCtlt2 HCItt2 HCIII2 HCIII2 HCISt2 HC99I2 HC9I92 HC99S2 HC8tl2 HCIII2 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 18.35 440.64 298.28 39.42 130.98 25.49 494.70 17.96 651.45 12.53 106.66 159.98 106.15 2.502.59 • 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL FICA 6/9 PICA 6/9 FICA 6/9 FICA 6/9 FICA 6/9 FICA 6/9 FICA 6/9 FICA 6/9 FICA 6/f FICA 6/'^ FICA 6/i FICA 6/9 FICA 6, 9 01-4142-020-11 01-4142-039-12 01-4142-069-15 01-4142-111-31 01-4142-115-31 01-4142-121-31 01-4142-174-33 01-4142-185-35 01-4142-249-42 01-4142-290-61 72- 4142-549-91 73- 4142-569-92 74- 4142-590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL HCitia HCina HCI9I3 07/09/91 07/09/91 07/09/91 16.00 9.00 1.041.00 1.066.00 * MN DEPT REVEN MN DEPT REVEN MN DEPT REVEN MAY SALES TAX MAY Sales tax MAY SALES TAX 01-3500-000-00 72-2222-000-00 74-2222-000-00 MANUAL MANUAL MANUAL HCtlt4 ' ■ 07/09/91 18.25 18.25 • SAFE BEN SPEC BILLING 01-1050-000-00 MANUAL HCtttI 07/09/91 66.67 66.67 *LUNDS BO; LUNCHES 01-4356-020-11 •**-CKS MANUAL HC9II9 07/09/91 900.00 900.00 • POSTMASTER PfSTAGE 01-1262-000-00 MANUAL HCSI90 . . * 07/09/91 97.84 97.84 • J GERHARDSON F/DX LUNCHES 01-4356-020-11 MANUAL HCIS91 HC8I91 07/09/91 07/09/91 28.05 273.00 301.05 • M FRITZLER M FRITZLER MTG MILEAGE 01-4356-129-31 01-4381-129-31 MANUAL MANUAL HC8I92HCIB92 07/09/91 07/09/91 1,931.29 148.51 2.079.80 • SAFE BEN SAFE BEN JULY FEE JULY FEE 01-1050-000-00 01-4306-299-72 MANUAL MANUAL HCI893 HC9I93 NC9993HC9I93HC9993 07/09/91 07/09/91 07/09/91 * 07/09/91 07/09/91 361.43 2.92 296.18 17.20 41 86 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL FICA 6/23 FICA 6/23 FICA 6/23 FICA 6/23 FICA 6/23 01-4142-039-12 01-4142-059-14 01-4142-069-15 01-4142-099-17 01-4142-111-31 MANUAL MANUAL MANUAL MANUAL MANUAL hHi‘ I-\\1991 CITY OF ORONO CHECK NO. DATE AMOUNT HCtt93 HCII93 HC9993 NC9t93 HC9993 HCSI93 HCSI93 HCII93 HC9S93 HCIt93 HCII93 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 07/09/91 128 34 S98 24 589 74 127 201 201 201 124 2.624 80 98 80 47 66 26 17 63 63 63- 92 28 • HCS894 07/09/91 315.00 315.00 • 8,124 97 242.83 361.61 1.272.07 158.93 10,160.41 , y* I • «*I ssJsa.... l|,. It * 5* . 5#: ^ ■' ■te''' • tV' ■c CHECK REGISTER VENDOR ITEM DESCRIPTION ACCOUNT NO INV 06-30-91 ®^GE 2 i P 0 • MESSAGE 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 6/23 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 72- 4142 73- 4142 73-4142 73- 4142 74- 4142 115-31 121-31 174-33 185-35 249-42 290-61 549-91 569-92 569-93 569-93 590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAt MANUAt. GFOA APP CERT ACHIV 01-4300-069-15 MANUAL •**-CKS FUND 01 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL FUND TOTAL 90 TOTAL GENERAL FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD . J 1991 CITY OF ORONO CHECK NO. DATE 203005 •■•••a 203014 203020 203020 203031 203031 203031 203031 203031 203037 203042 203042 203042 aaaaaa 203094 20309S 203095 203095 203095 203091 203091 203095 . ',1 07/18/91 07/18/91 07/18/91 07/18/91 07/18/91 07/18/91 07/18/91 07/18/91 07/18/91 07/16/91 07/16/91 07/16/91 07/18/91 07/18/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 ( ) MiyguuaiiiH^ AMOUNT 230.42 230.42 • 1,246.00 1,246.00 37.070.00 36.205.00 73.275.00 • 103.44 103.44 > 84.50 74.00 84.50 243.00 * 7.01 7.01 146.28 53.00 i 4.90 53.00 427.18 153.52 66.87 220 39 75.30 CHECK REGISTER VENDOR ITEM DESCRIPTION ALL STAR PRO GOLF CO TEES/SPIKES ALL STAR ELFCTRIC INSTALL RECPT LS AMERICAN BANK AMERICAN BANK WATER IMP BOND INT SEWER IMP BOND INT AUGIES MOBILE CHEF SANDWICHS ASPLUND COFFEE ASPLUND COFFEE ASPLUND COFFEE COFFEE COFFEE COFFEE BLACKS PHOTOGRAPHY BLACKS PHOTOGRAPHY FILM & REF FILM & REF BUDGET PRINTING DARE FORMS 07-22-91 PAGE 1 ACCOUNT NO INV H P 0. • MESSAGE 74-4801-591-94 73-4344-569-92 72- 4620-909-88 73- 4620-910-89 4.14 AT &T COMM TELEPHONE 01-4320-039-1214.60 AT &T COMM TELEPHONE 01-4320-129-3127.46 AT 4.T COMM TELEPHONE 01-4320-175-3411.31 AT 4t T COMM TELEPHONE 01-4320-249-421.26 AT 4.T COMM TELEPHONE 74-4320-590-93 74-4802-591-94 01-4382-039-12 01-4382-129-31 01-4382-174-33 BLITZ ONE HR FOTO FILM REF 01-4210-129-31 BLACKOWIAK &SONS TRASH HAUL 01-4343-099-17BLACKOWIAK &SONS TRASH HAUL 01-4343-129-31BLACKOWIAK &SONS TRASH HAUL 01-4343-290-61BLACKOWIAK &SONS TRASH HAUL 74-4343-590-93 01-4210-129-31 01-4210-174-33 01-4243-129-31 • *•-CKS •••-CKS • • *-CKS ••-CKS •••-CKS •••-CKS H * ft .CKS -••-CKS ■v"' > ■ •r. 1; S' 1991 CITY OF ORONO CHECK REGISTER CHECK NO., DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO 1N\ 203085 203085 07/18/91 07/16/91 372.15 20 00 467.4S • BUDGET PRINTING BUDGET PRINTING FORMS SUPPLIES 01-4322-129-31 74-4210-590-93 203124 07/16/91 353 70 353.70 • COCA COLA /ENDING POP 74-4802-591-94 203125 203125 07/18/91 07/16/91 412.08 205 45 617.53 • CONNELL'' INDUSTRIAL CONNELLY INDUSTRIAL PARTS REPAIR LS 16 73-4232-569-92 73- 1344-569-92 203130 203130 203130 07/16/91 07/16/91 07/16/91 65-16 .01 129.11 194.28 * COLONIAL LIFE INS CO COLONIAL LIFE INS CO COLONIAL LIFE INS CO JULY INS JULY INS JULY INS 01-4151-121-31 01-4151-126-31 01-4151-129-31 203142 203142 07/16/91 07/16/91 90.00 224 75 314.75 • COPY DUP PR INC COPY DUP PR INC DEVELOPER RENTAL 01-1261-000-00 Cl-4210-129-31 203152 07/16/91 189.83 189.83 ^ CUMMINS ALLISON PLASTIC BAGS 01-4210-129-31 203154 07/16/91 156.80 156.80 • CYS UNIFORMS UNIFORMS 01-4221-121-31 203183 07/16/91 261.90 261.90 • DYNAMED MED SUPPLIES 01-4232-129-31 203187 07/16/01 23.00 23.00 ‘ EAST SIDE BEVERAGE BEER 74-4815-591-94 • ••••• 203212 203212 203212 07/16/91 07/16/91 07/16/91 • 14.02 26.55 11.25 51.82 • EXPRESS MESSENGER EXPRESS MESSENGER EXPRESS MESSENGER POSTAGE POSTAGE POSTAGE 01-4321-039-12 01-4321-129-31 01-4321-174-33 203247 4 07/16/91 27.58 GAFFRON/MIKE MILEAGE/PARK 01-4381-174-33 ■ = j W'n 07-22-91 rAGE • P 0. i MESSAGE •••-CKS * • • -CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS "••-CKS k:'- 1991 CITY OF ORONO CHECK NO. DATE CHECK REGISTER 203259 203259 203259 203259 203258 203297 203272 203272 203272 203272 203272 203275 203275 203275 203275 203275 203275 h w-tfr- }■"r 203278 203280 t . 2032*- f-" 07/16/91 07/18/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/19/91 07/16/91 07/16/91 07/16/91 07/18/91 07/1P >1 o AMOUNT 27.58 • 244.49 * lj.80 13.80 • 920.00 920.00 • 359 07 84.56 27.52 41.28 11.70 524.13 * 803.02 * 56 00 84.00 140.00 * 110.33 110.33 • 12.80 12.8T^ VENDOR ITEM r I*";''N ULENWOOD I Nr. IF WOOD WATER GOLF CAR MIDWEST GOLF CART RENTAc 210.16 GROUP HEALTH INC AUG INS 420.32 GROUP HEALTH INC AUG INS466.64 GROUP HEALTH INC AUG INS642.92-GROUP oLALTH INC MORAN RFD 117.82 GROUP HEALTH INC AUG INS 231.00 GROUP HEALTH INC -UG INS GOPHER STATE ONECALl. GOPHER STATE ONECALL HACH CHEMICAL CO HAPPYS POTATO CHIP JUNE SERV JUNE SERV TiST CHEMICALS CHIPS 07-42-91 PAGE 3 ACCOUNT NO INV • P 0 • MESSAGE •••-CKS 205.85 GENUINE PARTS CO PARTS 01-4232-249-42 14 63 GENUI* r PARTS CO PARTS 01 4232-290-61 3.5S GENU^ £PARTS CO PARTS 7. 4234-549-91 14.45 r,ENUl»^E PARTS CO PARTS 71-4232-590-93 0;-4231-099-17 74-4JJ1-590-93 G &K SERVICES UNIFORMS 01-4221-249-42G&K SERVICES MAT 01-423.-129-31G&h SERVICES UNIFORMS 72-4221-549-91 G 4.K SERVICES UNIFORMS 73-4221-569-92G&K SERVICES UNIFORMS 74-4221-590-93 01-4151-121-31 01-4151-12b-31 01-4151-i29-3l 01-4151-129-31 01-4151-174-33 74-4151-590-93 72- 4306-549 -91 73- 4306-569-92 72-4234-549-91 74-4802-591-94 •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS hf 1991 CITY OF ORONO CHECK REGISTER t CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 203219 07/19/91 65.00 HARRIS OFFICE EQUIP REPR TYPWTR 01-4340-039-12165.00 A 203295 07/l«'91 185.00 HENNEPIN CO-OP SEED GRASS SEED 01-4233-249-42 1, 185.00 A 203330 07/16/91 150.75 150.75 A ICMA RETIREMNT TRUST ICMA 6/24 TO 1/7 01-4140-039-12 203334 07/16/91 125.83 INNOVATIVE MICROGRAP MICROFILM 01-4306-039-12 r 125 83 * 203339 07/19/91 864 00 ILLIES & SONS BLACK DIRT 01-4233-249-421'864.00 m 1,203337 07/19/91 5 27 IMS/MN PART POSTAGE MTR 01-4210-039-12 203337 07/19/91 5.27 IMS/MN PART POSTAGE MTR 01-4210-069-15 K\203337 07/19/91 S 26 IMS/MN PART POSTAGE MTR 01-4210-174-33 iy‘203337 07/19/91 26 IMS/MN PART POSTAGE MTR 01-4210-249-42120333707/19/91 5.26 IMS/MN PART POSTAGE MTR 73-4210-569-9? E:26.32 <k I- 1. h ‘203395 07/16/91 7 90 KEAVENYS DRUG NAME TAGS 90-3790-000-0017.90 ft \203401 07/16/91 i -.32.50 LABOR RELATNS A«;S0C GRIEVANCE ARTITRATN 01 -4306-129-Jlfe1,482.50 ft 1 203437 07/16/91 76.60 CITY OF LONG LAKE LIFT 01-4325-249-42 h 203437 07/19/91 4.63 81 23 ft CITY OF LONG LAKE FLASHER 73-4344-569-92 •••••* :203439 07/16/91 46.83 !CNG LK FORD TRACTOR REPAIR 01-4342-290-61 ii 203439 07/16/91 15.55 LONG LK FORD TRACTOR REPAIR 74-4342-590-9362.38 ft ?> { • • ' ‘ f i 203490 07/19/91 200.00 MARK •'ll DIST BEER 74-4815-591-94 .. • ' r. . 4."'': -I • ' Mr -: ^ .... • 07-22-91 PAGE ••■-CKS •••-CKS • urn -CKS •••-CKS ••*-CK.« •••-CKS •••-CKS •••-CKS * • *-CKS ' \ ■>y K 19»i CITY or OKOMO CHECK NO. DATE 203461 203461 203461 203461 203461 203462 203467203467203467 203467 203467 203474 2034772034772034772034)r203477203477 203477 203477 203477 203410 •••••• 20346S 20346S 203522 2031‘•2 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 •07/16/91 •t ( AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION 200.00 • 00 00 00 2.565 3.655 1,830 2,150 00 1.460.00 11.660.00 MALLOY MALLOY MALLOY MALLOY MALLOY KARNOWSKI KARNOWSKI KARNOWSKI KARNOWSKI KARNOWSKI CO CO CO CO CO AUDIT PYMT AUDIT PYMT AUDIT PYMT AUDIT PYMT AUDIT PYMT 4 4 4 4 4 FINAL FINAL FINAL FINAL FINAL 34S.32 345 32 • MARTINS NAVARRE 66 AUTO REPAIR 120 120 120 462 351 1.173 00 00 00 00 00 00 MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE AUG INS AUG INS AUG INS AUG INS AUG INS 989.76 989.76 * MIDWEST ASPHALT ASPHALT 13.50 31 45 • MPLS OXYGEN CO MPLS OXYGEN CO DEMURRAGE DEMURRAGE 80.00 118.85 198.85 • MTI DIST CO MTI DIST CO PART REPAIR ACCOUNT NO INV 01-4300-020-11 01-4300-069-15 72- 4300-549-91 73- 4300-569-92 74- 4300-590-93 01-4341-129-31 01-4151-039-12 01-4151-069-15 01-4151-129-31 01-4151-174-33 01-4151-249-42 07/16/91 10,957.00 10,957.00 • METRO WASTE AUG FEE 73-128!' 100-00 07/16/91 40 30-MIDWEST BSNS PROD RETURN ELEMENT 01-4210-039-12 07/16/01 20.15 MIDWEST BSNS PROD RETURN ELEMENT 01-4210-03L'-1207/16/01 11.63 MIDWEST BSNS PROD SUPPLIES 01-4210-039- 12 07/16/91 11.63 MIDWEST BSNS PROD SUPPLIES 01-4210-059-1407/16/01 11.62 MIDWEST BSNS PROD SUPPLIES 01-4210-069-1507/16/91 25.16 MIDWEST BSNS PROD SUPPLIES 01-4210-129-3107/16/91 11.63 MIDWEST BSNS PROD SUPPLIES 01-4210-174-3307/16/91 23.70-MIDWEST BSNS PROD RETURN FORMS 01-4210-249-4207/16/91 11.62 39.44 • MIDWEST BSNS PROD SUPPLIES 01-4210-249-42 01-4233-249-42 01-4232-129-31 01-4232-249-42 74-4232-590-93 74-4342-590-93 07-22-91 PAGE 5 • P 0 i MESSAGE •••-CKL ft ft n -CKS ‘••-CKS •••-CKS •••-CKS •••-CKS V- 1S81 CITY OF OftONO CHECK NO. DATE 203S4S 203541 203544 203544 203544 203544 203544 A * * 41 il 203556 203562 203562 203562 203562 203542 203567 203594 203613 203613 203613 203624 203624 203624 203624 203624 203624 203624 203624 t. rm r a.* - '.-C- . • V' 07/16/91 07/16/61 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/:6/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/61 ’ 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 o AMOUNT 44.28 20.77 127 98 S4 28 4 60 341 97 26 69 66 61 • 19.85 19 85 • 2 98 1.991 201 2.294 91 58 52 09 10 8 06 8.06 • 4.040.26 4.040.26 • 12.00 12.00 12.00 846.65 127.50 986.15 * 1.141.38 8,361.22 425.30 430.20 24.0. 144 2.72J SO 4,000.00 CHECK REGISTER VENDOR NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE NO MEMORIAL HOSPITAL NSP NSP NSP NSP OMAN/LYLE PUBLIC EMPL RET ASSN PERA INS PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR POPMAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPMAM HAIK HAIK HAIK HAIK HAIK HAIK HAIK HAIK & & & & & & & & ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ITEM DESCRIPTION SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TEST UTILITIES UTILITIES UTILITIES UTILITIES MILEAGE PERA 6/24-7/7 AUG INS PART REPAIR REPAIR legal RETAINER MAY LEGAL PROSECTNS MAY LEGAL CONSULT MAY LL ANNEX MAY G NELSON LEGAL MAY LEGAL SEPTIC PROG LEGAL APPLIC MAY CITY ADMIN SEARCH 82 ACCOUNT NO INV 01-4231 01-4232 01-4232 01-4232 72-4232 72-4234 74-4232 099-17 129-31 249-42 290-61 549-91 549-91 590-93 01-4306-129-31 01-4324-175-34 01-4324-249-42 72- 4324-549-91 73- 4324-569-92 01-4381-174-33 01-2031-000-00 01-4152-129-31 01-4232-249-42 01-4341-249-42 01-4341-290-61 01-4301 01-4302 01-4303 01-4303 01-4303 01-4303 01-4303 01-4306 080-16 080-16 080-16 080-16 080-16 174-33 840-71 299-72 07-22-91 PAGE 6 • P 0 8 MESSAGE • -‘-CKS •••-CKS ••*-CKS •••-CKS • 66 -CKS •••-CKS •••-CKS 7 S';v 1991 CITY OF ORONO CHECK NO. DATE 203629 203628 203629 203629 203629 203628 203629 203629 203628 203629 203657 203661 203662 203665 203675 203697 203719 203724 203740 •••••• 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 07/16/91 O AHOUNT <^11.00 128 00 96.00 56.00 56.00 556.00 279.00 27.10 54.10 100.00 19.411.90 62.66 62.66 • 84.74 84.74 - 103.80 103.80 * 54.73 54.73 • 2.003.69 2.003 69 • 21.34 21.34 • 50.00 50.00 • 884.00 884.00 « 47.50 47.50 • CHECK REGISTERVENDOR POPHAM POPMAM POPHAM POPHAM POPHAM POPHAM POPHAM POPMAM POPHAM POPHAM HAIK HAIK HAIK HAIK HAIK HAIK HAIK HAIK HAIK HAIK & & & & 4 & 4 & & 4 ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC RFG PET 4 SUPPLY CO SCHARBER 4 SONS INC REED VENDING RICKS SUPERVALU ROLLINS OIL CO SCHARBER 4 SONS DIXIE PETRO-CHEM ST TREA-ST BDG INSP STRETCHERS ITEM DESCRIPTION CITY HALL LAND ACO LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LEGAL CONSULT MAY LS88 NICHOLS ESMNT DOG FOOD REPAIR MOWER CANDY 4 CIGS SUPPLIES GASOLINE PART DEMURRAGE ND OTR SURCHG HOLSTER ACCOUNT NO INV 15-4303 24-4399 24-4399 24-4399 24-4399 24-4399 24-4399 72- 4303 73- 4303 73-4531 651-00 414-00 454- 00 455- 00 456- 00 461- 00 462- 00 436-84 434-82 569-92 01-4244-129-31 74-4342-590-93 74-4802-591-94 74-4232-590-93 01-1260-000-0U 74-4232-590-93 72-4234-549-91 01-2222-000-00 01-4221-129-31 07-22-91 PAGE 7 • P 0 • MESSAGE •**-CKS •••-CKS ■ • ft -CKS • • • -CKS ^••-CKS •••-CKS •••-CKS •••-CKS •••-CKS ■5 1991 CITY OF ORONO CHECK REGISTERCHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 203752 07/16/91 516.60 516 60 • SUBURBAN TIRE INC TIRES 01-4232-129-31 203769 07/16/91 30.00 30.00 • TELEPHONE SPECIALIST PROGRAM PHONE 01-4340-039-12 203775 203775 07/16/91 07/16/91 505.00 200.00 705.00 • TOWN & COUNTRY TOWN & COUNTRY JULY CLEANING JULY CLEANING 01-4343-099-17 01-4343-129-31 203776 07/16/91 57.50 57.50 • THORPE DIST CO BEER 74-4815-591-94 203915 203615 203615 203915 20361S 203915 07/16/91 07/18/91 07/16/01 07/16/91 07/16/01 07/16/91 104.77 29.62 27.41 53.91 22.42 33.22 271.35 • US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN TELEPHONE TELEPHONE DATA PROC TELEPHONE DATA PROC DATA PROC 01-4320-129-31 01-4320-249-42 01-4355-069-15 72-4320-549-91 72- 4355-549-91 73- 4355-569-92 203935 07/16/91 357.12 357.12 • WARNING LITES OF MN FLASHERS 01-4331-249-42 *••••• 203142 07/16/91 1.907.15 1.907.15 * WAYZATA-CITY OF 2ND OTR WTR 72-2224-000-00 •••••• 203150 07/16/91 17.50 17.50 • WEST PUBLISHING JOURNALS 01-4240-129-31 203901 07/6/91 500.00 500.00 • BIACKOWIAK & SON LEAF REMOVAL 01-4348-295-65 203902 07/16/91 84.00 84.00 • HENNEPIN CTY TREAS Lie FEE 01-4383-249-42 203903 07/16/91 . i 225.55 225.55 • KILLMER ELECTRIC CO REPR NAV ST LOTS 01-434? 249-42 203904 07/18/91 185.00 MN CLE SEMINAR 01-4356-129-31 o 07-22-91 PAGE 8 *‘*-CKS A • *-CKS •••-CKS • • •-CKS •••-CKS •••-CKS •••-CKS ) Ji' 1991 CITY OF ORONO CHECK NO. DATE 07/16/91 07/16/91 07/16/91 AMOUNT 185.00 643.50 643.50 37.31 37.31 CHECK REGISTER VENDOR ITEM DESCRIPTION METRO WASTE PRECISION TRUF 11.437.53 11.437.53 • RICHMAR CONST 44.694.95 FUND 01 TOTAL 811.00 FUND 15 TOTAL 1.171.00 FUND 24 TOTAL 54.625.09 FUND 7?TOTAL51.699.11 FUND 73 TOTAL4.269.25 FUND 74 TOTAL7.90 157.279.20 FUND TOTAL 90 TOTAL SAC PRECISION IRON PUMPHOUSE 83 PYMNT 8 07-22-91 PAGE 9 ACCOUNT NO INV • P O • MESSAGE 01 -2226-000-00 74-4343-590-93 72-4531-437-85 GENERAL FUND BUILDNG CAPITAL OUTLAY F PERM IMPROVE REVOLVING F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD ***-CKS m- ■ c ■ ) .. V GEMUNIS PINANCIAL SYSTEM 07/16/91 PAGEUSER 00 ACCOUNTINQ 1991 CITY OF NUMBER OF NUMBER OF NUMBER OF LEVEL LEVEL LEVEL LEVEL ‘ LEVEL LEVEL LEVEL LEVS' LEVEL f LEVEL REPORTORONO REPORTS UPDATES RECORDS 1 43 0 2 3 4 5 6 7 TOTAL 1.036 0 0 0 34 0 0 0 0 2 1.074 UPDATE DESCRIPTIONS SUMMARY FILE PAYROLL BENEFIT ACCRUAL ACTIVITY REPORT CHECK REGISTER TRIAL BALANCE BALANCE SHEET REVENUE STATEMENT OPERATING STATEMENT BUDGET WORKSHEETS CLEAR-CURR-MONTH CITY FILE OPTION PROJECT DEPARTMENT CHART OF ACCOUNTS MO CHECK RECONCILE 0 0 A FINANCIAL REPORTS SCHEDULED RUN DATE REPORT DATE 000000 000000 0 3 0 0 0 0 0 0 0 X ACTIVITY REPORTS SCHEDULED RUN DATE REPORT DATE 071691 072291 PAYROLL POSTING DATES 000000 000000 000000 000000 V- tl- £ w- il I.' J- :|:' p|:v fn tv:.- ;:a *1' ■ H'd-j COUNCIL MEETING JUL 2 2 1991 CnVOFORONO \ . r.-V", ;' BOARD,igDArE PUBLIC SCHOOLS Julv laftiWAYZATA PUBLIC SCHOOLS July 1991 The organizational meeting of District 284 ’s Board of Education was called to order on Monday, July 8, 1991, at 8:07 p.m. at the District Administrative Offices following a 7 p.m. special Board work session. Present were Board members Sliv Carlson. Howard Casmey, John DettlofF, Ken Hopkins, Paul Landry. Mary Smith. Marilu Theodore, and Dave Landswerk, ex officio. OATH OF OFFICE RI.F.rTION OF OFFICERS RECOGNITIONS Employee of the Month ACADEMIC SERVICES Chapter I PER Nonresident Pupil Attendance Agreements Student Teaching Student Activity Fees TUI* 1^.1 Superintendent Landswerk administered the oath of office to Howard Casmev and Marv Sn \ who were elected to the Board in May. The following were elected officers of the 1991-92 Board: Chair: John Dettloff Vice Chair: Paul Landry Clerk: Marilu Theodore Treasurer: Howard Casmey Sally Dierks . social studies at Wayzata East, was named July Employee of the Month. A 23-year veteran of District 284, Sally holds degrees from the University of Nebraska and University of Minnesota. In addition to teaching in Wayzata, she has taught child development classes at Metropolitan State Uruversity. Dierks was cited by her colleagues as an “inspiration" due to her on going interest in learning and applying the latest in educational instn ction. The Board approved the issuance of a statement of authorization declaring intention to apply for $114,110 in Chapter I funds. Le;?lie Laub was designated as the Chapter I authorized representative of P 284 for the 1991-92 academic year. The Board reaffirmed Policy IM “Instructional Program Planning, Evaluation and Reporting." The Board approved a resolution authorizing the Admirustration to enter into nonresident pupil attendance agreements throughout the 1991-92 academic year. The Board adopted a resolution entering into a student teaching agreement with St. Cloud State University. The following fees were set for 1991-92: ♦Instrument rental (band)—$30 •Instrument rental (orchestra)—$50 isoitA. tS),OARP^DATE Student Activity Fees Community Use of District Facilities Class Size PER Recommendations •Senior high golf—$25 •Senior high dow-nhill s.:iing—S85 •All other high school sports—SCO •Junior high athletics —$35 •Driver training (classroom)—$35 •Driver training (behind the wheel)-$110 Policy KG Regulations - Community Use of School Facilities (including Euuipment) was approved as amended for the 1991-92 academic year. Changes in this document resulted from review by the Community Education Services Advisory Council. The Board appi oved learnt r-instructor ratio in Grades K-2 of an average of 24:1 fo** 1991-92. Recommendations of the language arts/reading and physical education committees were discussed at the May Board work session and referred to the Administration for review and recommendation. The B '^rd approved the following; Language Ai tsIReading Recommendations • Integrate i ading with other language arts. • Develop and implement whole language inservice training program for teachers. • Improve writing skills by developing spelling skills, teaching keyboarding in . montary grades, and changing senior high requirements • Require high sci..^ ’ ■ * to complete one writing and one literature course pnu: duation. • Teach language skills in ...eaningful context; assess skills in a variety of ways. • Provide parents with frequent and useful feedback about student progress in laneruage arts/reading. • Expand students’ familiarity with literature. •Revamp secondary reading clr s. • Evaluate and redePne the role of the elementary writing specialist during the 1991-92 academic year. Physical Education Recommendations • Develop a written K-12 physical education curriculum. • Develop a comprehensive K-12 fitness program. • Increase communication with parents; revise methods of reporting student progress. • Provide each student in Grades 1-6 with one hour of instruction with a physical educatron spiecialist per week. Reinforce this instruction with lesson plans for classroom teachers devel.^ped b> specialists. • Design an inclusion plan that inc* jdes adapted physical education, nmlticultura. curriculum, and gender fairness. • Employ a pool specialist for junior high aquatics program for 1992-93 providing financial resources are available. • Improve gender balance in junior high classes. b: FINANCK ANT) BUSINESS Gifts Offtciad Depositories Mileage Rate Bid Awards 'Vidsten Property Purchase Agreement Amendment HUMAN RESOimrR SERVICES feoARD^DATE The Boaid approved the following disbursements: June checking account...........................$ i07,214.49 March 1991 wire transfer...........................39,087,644.44 April 1991 wire transfer..............................10,064,613.42 May 1991 wire transfer..............................20,284,917.02 The Board accepted gifts from the Greenwood PTO in the amounts of $262 15 and $1,867.30 for instructional supplies and field trips. Oft ■'sitories for the 1991-92 academic year were des.. They are: ^ Naii /Ual Bank of Wavzata—checking, investments I'll it Bank. NA—investments Twin City Federal Savings & Loan—investments Norwest Bank Minnesota, NA—checking, investments Minnesota School District Liquid Asset Fund Plus— checking, investments National City Bank of Minneapolis—investments Marquette Bank. Na—investments The District will utilize the financial services of Pain Bo.swnrth Incorporated: Merrill Lvnch Pierce Fenner & Smith. Inc.: Piper. Jaffrav & Hop wood. Inc.: and Shearson Lehman Brothers. Inc. The reimbursement rate for personal automobile use to conduct school business from July 1, 1991 to June 30, 1992 will be 27.5 cents per mile. The dairy products bids for 1991-92 were awarded to Mever Brothers Datt Specified novelty snack items for the food service program were awarded to Continental Baking Company The bid for bread items was awarded to Metz Baking Cvimpanv The purchase agreement to the Widsten property between District 284 and the Harrington-Stuart Limited Partnership will be amended regarding the closing date at the discretion of the School District administration. The following personnel recommendations were approved: ir atChild Care Leave: Teresa Minkema,; pecial education b . Wayzata West, through January 1, 7992. Contract Modifiration: C3mthia Hanke, mathematics teacher at East, from .8 to I.O. Employment: Donna Grotesch-Lee, 1.0 LD and E^bD at WHS and East Daniel Massoth, 1.0 instrumental music at Cakwood, Birchview, and Kimberly Lane tSb OARD^DATE Contract Changes Tax Shelter Annuities HOARD QF KnirrATiON Special Law Approval by Governing Body Board Mee tings Board Committee Structure IBoard Representatives The Board authonzed the Superintendent to amend teaching contracts during 1991-92 according to lane change provisions contained in the VVEA contract. The Board authorized the Supenntendent to acknowledge receipt and acceptance of requests for tax shelter annuity modifications. In order to conduct a mail ballot levy referendum authorized by the State Legislature, the School Board (governing body) must approve the speaal law resolution. The Board adopted RFSQLLTTIQN REGARDING APPROVAL QF SPECIAL LAW BY GOVERNING BODY The Board adopted a meeting schedule for the 1991-92 academic year. Unless otherwise speafied, regular Board meetirgs will be held on the second Monday of the month at 7:30 p.m. at the Administration Building. Work sessions will be held on the fourth Monday at 4 p.m. The 1991-92 School Board will function as a committee of the whole with three standing committees. Each committee will have a Board member as ^hair and an administrative liaison Marv Smith will chair the Academic Services Ccmmittee; Bruce Halgren will be the liaison. Howard Casmev is chair of the Finance and Business Services Committee; Vogt is the admmistrative liaison. Chair of the Human Resource Services Committee will be Paul Landrv: the administrative liaisons will be Bruce Halgren (licensed personnel) and Jerry Voyt (classified personnel). An Audit Subcommittee will be chaired by Howard Casmev. Paul I.andry will chair a Construction/Building Facilities Subcommittee. The following are Board appointmenU to organizations and committees for the 1991-92 academic year: • Association of Metropolitan School Districta-Manlu Theodore • Buiineea Education Partnership Advisory Cotmal-Ken Hopkins • Citizens Financial Advisory Coundl-Howard Casmey * Community Education Servicee-Marilu Theodore • Educational Cooperative Service Unit 'ECSUVPauJ Landry * Gifted and Talented Advisory Committee-J'>hn Dettic^ * Hennepin Ttchn^nl College-John DettloflT and Mary Smith • Minneaota School Boards Assoaation Legislative Liaison-Siv Carlson • Minnesota State Hi)i^ School League Ken HoplLina * Organization of Intervening School Distneta (achool finance lawsuit)-Paul Landry * Parent-Teacher Luueon Council-Manlu Theodore * School Calendar Committee-Sbv Carlson % < k w1^* VMp *BOARD^DATE ^ard Representatives • TIES (Total Information Educational Systern)-Ma”y Smith • Wayzata Area Public Schools Foundation-Ken Hopkins Compensation for Board Members A monthly compensation rate of $200 for re^lar meetings and work sessions and $50 for each additional special meeting was approved. OfBcial Designations Faegre & Benson was designated as the official attorney for the 1991-92 academic year. Official newspapers of the District will lx* the Sailor and the Weekly WCCQ-AM (830) will be the ofTicial radio station for emergency announcements during the school year. Board ProfeBsional Memberships The Board approved membership in the following professional organizations: Minnesota School Boards Association, National School Boards Association, Association of Metropolitan School Districts, Educational Cooperative Service Unit, Minnesota Academic Excellence League. National Schixtl Public Relations Association, Northwest Suburban Chamber of Commerce, TwinWest Chamber of Commerce, and Wayzata Chamber of Commerce. Participation in Minnesota State High School League The Board approved RESOLUTION FOR MEMBERSHIP IN THE MINNESOTA STATE HIGH SCHOOL LEAGUE for 1991-92. orsi)The Board authorized pavanent of $11,828 for 1991-92 fees for continued participation in the Organization of Intervening School Districts. Future participation in OISD activities will require pnor Board approval. Paul Landry is the Board representative to OISD and has kept the Board up to date on activities relating to the school finance lawsuit. The meetinf adjourned at 9:27 p.m The Board will next meet on Monday, July 22, 1991, at the District Administration Building in a work session. All meetings are open to the public. BOARD UPDAJTE is « pubUcaUon of the Public informatitjn Office of fAe Waytato PulUie Schools. For additioncU inforwustion on any ^the items in this report, eaU 476^100 or 474^137. r VXVZAVM ONV UmOHAld *ONOHO VMNOXaNNIM VfsuoaM ‘aKVi aNiDioaM *aAOUD aTdvw ‘nwodhodJO •a}){anonnoa ai{) SaiAjag WAYZATA PUBLIC SCHOOLS PUBLIC INFORMATION OFFICE 210 COUNTY ROAD 101 NORTH P.O. BOX 660 WAYZATA. MN 55391-9990 Nort-Pf^ Orfi. U S. POSTAGE PAID Wayzaia,MN PERMIT No A3 Mork Bernhordson P 0 Box 66 Crystal Bay, MN 5532 J - i rs^v> JUV July 4, 1991 i.) • Mr. Larry Dallam Consultant Howard Needles Tammen and Bergendoff 6700 France Avenue, South Edina, Minnesota Dear Mr. Dallam, First, let me introduce myself as someone you have characterized numerous times as you have "consulted" your way through west Minneapolis, St. Louis Park and now Orono, converting Highway 12 to Interstate 394. I am someone you’ve disdainfully and arrogantly labelled repeatedly in open meetings as a "NIMBY." I am also a "NIPOE" (Not In Place of Our Environment) and a "NONR" (No New Roads). It is with vigor and total commitment that I accept these labels as the Highway 12 saga continues. Further, I know there are thousands of others who feel exactly the same. Second, allow me to explain how you have directly contributed to the creation of the NIMBY/NIPOE/NONR phenomenon, in addition to your continual public labelling: In Janus y, you quietly slipped the so-called "south by-pass" route from county road 15 to the Luce Line Trail. 1 live along the Trail where you now propose to pass through. In some way, maybe I should thank you, because you have moved me from "ordinary unlnvolved citizen" to "fully awakened and ready to fight." Three >ears ago, my wife and I made a long-term decision. We chose to move further into the "country" and began planning for retirement. When our new home became available, we invested heavily — financially and emotionally — in the purchase. Since then, we have virtually overhauled the property, planting dozens of trees, renovating a 50-year old barn and generally improving the area. The Luce Line Trail and its access to miles of state- owned countryside were major contributors to our decision. At the time, we were assured by our real estate agent (who was assured by city officials who were assured by Highway department officials) there were no plans to build a new highway along the "old study line." This has been restated in the Orono City Council’s recent letter to all residents which is enclosed. Further, you were ashed at a December 1990 public meeting at Orono High School about the "old study line" and you said it was no longer relevant. Little did we know! Within weeks, however, s new map showed up at an Orono Planning Commission meeting with a new "south by-pass." .Seedless to say, we were shocked. ■v - Third, there is a REASONABLE AND BALANCED PERSPECTIVE AND WE EXPECT TO SEE IT IN "YOUR" PLANS. We believed before, and still do, that Highwi.y 12 should be considered for upgrading, as should Highways 6, 11 and 55. With upgrades to EXISTING ROADWAYS with LOW-IMPACT ALTERNATIVES rather than super highway construction, THERE IS NO REASON TO BUILD A NEW ROAD, particularly one that would usurp and destroy the environment of the Luce Line Trail, our home, the homes of many others and -- most importantly -- upsets the entire ecosystem of this area. The Department of Natural Resources, elected and appointed officials and concerned citizens have fought to maintain this area for many years. Further, constructing a new trail alongside a new road DOES NOT AND CANNOT REPLACE THE ENVIRONMENT AS IT EXISTS TODAY. DOING SO IS NOT AN ACCEPTABLE TOKEN GESTURE. IT WILL NOT APPEASE US; THE ENVIRONMENT AND WILDLIFE WOULD BE GONE. Fourth, your response to the following questions would be appreciated: 1. Are your public statements not to be believed? your comments at the December meeting noted above? your responsibilities to what you say in public? What about Where are 2. What credence did you give to the aLundonment years ago of the "old study lins" by the Highway department? When can longer relevant" be counted as trustworthy? no 3. Were you pressured by members or officers or others to protect the Woodhill Country Club and to move the route from county road 15 to somewhere else? Rumor has it that you were. You stated "public" property like the Oropo Golf Course and the Luce Line Trail would be favored over private country clubs at the December meeting. (It’s on videotape.) Who decided what and why? 4. Why was the route changed so quietly in a relatively brief period of time? Why has it never , to our knowledge, been announced publicly by either you jr your client, the Highway department? l5. Why isn’t county road 15/west (your original south by-pass) •till being considered ss an option? Highways 12 and 55 are already slated for upgrades. Where does that factor into your traffic projections and the like? Why aren’t upgrades on several •xisting roads being considered as an option** Why must it be one road or another? Several, including Highway 12. probably need some improvement. What about Highway 11** And Highway 6? How ean routes simply be dropped from further consideration -- as Highways 55 and 11 were recently -- without factoring in somehow the need to safely handle all transportation in this area? 1 .V. t.: :<■ 6. What do your studies say about crossroad and intersection impacts? North/south traffic flow changes have never been discussed openly by you or your client, to our knowledge.Is this the next "surprise"? The personalness of this situation for me is now obvious to you. However, the personal affront I feel has, as £ stated above, kindled a spirit in me to go much deeper into this entire issue. This is not just a NIMBY/NIPOE/NONR issue. It is an issue with the momentum behind it to seriously and completely question building new, superhighways against the backdrop of a seemingly disregard and arrogance for people, property, the environment and area ecosystems. I intend to actively work for low-impact alternatives on existing road? and against building new roads. The -ime has come for balance to replace eminent domain as a standard. There must be a balance between preserving the environment as it exists today and economic development and it must bo realized here. Safe, low-impact, ecologically sound transportation of people and materials must be your only consideration — we do not exist to satisfy the whims of you and others who want to dig up alot of countryside so you can point to some superhighway with pride in YOUR retirement years. Finally, I urge you to carefully read the enclosed chapter from a book entitled "Future Without Shock." It was written by the former chairman of Bank of America in the early 1970s. It speaks eloquently to the selfishness, greed and misuse of power by highway departments (and their consultants). The "public" is tired of it. prompt reply. And so am I. I look foward to your RespXtfully, /I Jisi Hurphy • 30^ Orono Orchard Road Orono, Minnesota 55391 cc:Commisaioner, Minnesota Department of Transporation Commissioner, Minnesota Department of Natural Resources Orono City Council^ Minnesota Environmentsl Quality Board aesoclotion of mefropo itan municipa ities July 11.1991 TO: FROM; RE: Managcrs/Admimsirators Bill Barnhart. Metropolitan Agencies Committee Chair Metro^xjlilaii Governance Task Force Chair Membership on task force It isn’t too late to become a member of the Metropolitan Governance Task Force, which will examine in depth the governance needs of the metropolilan region and how the Mctropolnan Council and other regional agencies fill those needs. The task force was Hrst noted in the June 6 bulletin concerning committee assignments as well as in the July newsletter. Although it will be under the guidance of the Mctropolimn Agencies Committee city officials may «ove on this task force without being a member of the full committee. This is a long-term appointment. The task force will research the ‘ . v of the M*** Cou"« i ead regional agencies, examine the differences between govenunce needs and SCI. ~joint powers •greements and/or cooperation/combinatK.<. t services among cities. Besides neing made up wholly of AMM members, the task toce will seek < ;fuiu}ny irom persons knowledgeable in the area of mctropoiitan/regional governance. Also, to help raise the comfort level of some regarding credibility, an advisory group of up to 10 noo-AMM 'good govcmnKnt" people would be assembled to sagged topics of study, review drafts of sections of the report and suggest resource speokets for the committee. This poiHl is expected to make several recommendations regarding the status of meiropchtan fovetnance. In view ot Gov. Ame Carlson't position regarding the Metropoiitait Council, this task force is being coostituled dwing a most advaniagecius and cckclic pemxl ftw metro/regicmal govcin:mc'e Please infumi you council and/or other city emplovees about this panel. Please call Nicole Debevec at the AhfM ofnee. 227-4009. to he mciuded on Uie task force.!/ you have any questions about the task force, you may call eitho me it 673 2039. or Nicole. Thanks. Bill fH Mwhara By av<anua smi. ai pMg. minnaacii SSiOi 277 1Lake Minnetonka Cable Communications Commission 443 OAK EET •EXCELSIOR MINNESOTA 55331 • .612'474 553R DATE:July 8. 1991 TOj LMCCC D’ iCTORS AND MEMBERS \JV)L FROM:Jennifer Watts • RE;UPCOMING MEETING The July the next meeting of the Executive meeting will be our full Comm 111ee Comm ISAion has been meeting canceled, jchedu i Tuesday. Auyuat 20, «*l 5 PM Pleaaa mark your calendars for that date, as there will be important nusi neaa brought befora the Commission that evening. Materials and an agen-ja will be sent out prior to the meeting, but some of the issues to be ad- dfosaed will include: 1) Discussion on the legal opinion from our counsel on the new charge by Triax for non-cable related oervice calls; 2) The adoption of a 1992 budget proposal being drafted by the budget planning subcoesittee; 3) Reports from both the access development subcommittee and the joint powers agreesent/bylaws review subcommittee, which say include recosmendations for action by the Commission. The packets you receive the we^k of August 12 will contain sore specitic information on these and other items ot business. For thooe of you who have called the oil ice regarding the appearance ot the Hoev Shopping Network on Triax Channel 3 <KITN-cnannel 29», it turns out KITN has been doing work on their antenna, along with other carriers on the tower ^Channel 17 has been out for several days now., and MIN has been down on a frequent-but-sporadic-basis. For technical reasona. ac cording to Triax, it is necessary that Channel i always carry a signal in order for the other channels to function properly. The Hose Shopping Network provided that signal without causing any other problems technical ly. riTN progressing personnel tell me they are nearly done with tne an tenna work; however, in late July, early August, they will be doing more work related to the changes being made now, which will result in some in termittent outages, also. If you have any questions about this matter, please give me a call. Finally, the subscriber survey vae nailed to Triax subs with the July billing. A copy is enclosed for you. in case you don't have cable. It will be interesting to see the responses to this survey. Agein, please earii your calendars for August 20. Susmer is a busy tise for everyons; if you won't be able to attend the August meeting, please 9iee us a eall at the office (474-55J9>* Thank! you MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING TUESDAY, JUNE 10, 1991 5»00 P.M. ROOM 204 EXCELSIOR COMMUNITY CENTER 443 OAK STREET, EXCELSIOR I. CALL TO ORDER Chair brancei called the meeting to order at 5:02 P.M. DIRECTORS PRESENT Barb Brancei/Shorewood Jim Olds/Excelaior Tim Pattrin/Orono Tim Salarar/Minnetrieta Otto Wilczek/Minnetriata Jimmie Hright/Green*»ood (arr 5:45) OTHERS PRESENT Jennifer Watta/Admin Kathe Ehlert/Adm. Aast. Mark Babcock/Babcock, Langbe in A Co. Paul Nazarow/Trxax (arr. 5:50 ) II.APPROVAL OF MINUTES Brancei aaked for diacuaaion or approval of the May mlnutea. Motion 6.10.91.li Pattrin moved to approve the May minutea, Wiiczek aeconded. The motion paaaed unanimoualy. III. REPORTS Treeeurer^e Report Wilceek preaented the Juat Claima for the period 5/22/91 through 6/10/91 (attachment 1). Motion 6.IB.91.2; Wilczek moved to approve the Juat Claima for the period 5/22/91 through 6/10/91. Salazar aeconded. The mo tion paaaed unanimoualy. Mark Babcock, of Babcock, Langbein A Company, preaented the audit of the financial atatementa of the Cooraiaaion for the yeara ending December 31, 1990 and 1989. He pointed out that e^etementa were prepared on the caah baaia of accounting and (in reaponae to Hilczek'a queatior. atated that the audit no longer included depreciated aaaeta. Wilcaek aaked what the Ciwed aaaeta conaiated of and Hatta ewplained an equipment l,nventory waa kept on file and updated annually. Wilcaek reminded her to make deietiona from that liat, aa well aa addi- tiona to It. Wetta atated that ahe would file the review with the atate auditor'a office by June 30, 1991, aa required. She alao atated that becauae the Commiaaion waa not involved in any legal probleaa Babcock had adviaed that there waa no need to have the attorney aubeit a letter atating ao. Babcock concluded by atating that recordkeeping waa currently done eanually but that it could be coeputerlaed, eug- geeting eeverel appropriate eoftware peck /ee that Uatta could inveetigete. Watte aaked what the benefit of accrual accounting would be and Babcock ekplainwi that it would give a eore ac curate picture of the financial poeition. The coeeiaeionera thanked Mr. Babcock and he waa eacueed. LMCCC Jun« Minutes- -Page Two Adainistrator•s Report Watts reported that the FCC had passed rules on the regula tion of cable, although the regulations would not affect the LMCCC. Jim Schindler's Production Report indicated 13 programs produced at the Excelsior studio and seven produced by the Orono atudio. Sha noted classes had begun lor the summer and registration had been good. Watts distributed a copy of a letter trom Minnetonka Community Services indicating a rent increase for room 2t>4 to S430 per month, up S30, effective July I, 1991. She also ex plained that Minnetonka Community Services had been very helpful with the installation of the air conditioner and necessary electrical work. Watts reported that Hughes-Seamans had notified her and would not be able to attend the NFLCP conference, as indicated at the May meeting. Since arrangements had been made. Watts had contacted other members about going in place of Hughes-Seamans. Pattrin had indicated he would attend if Olds could not, but would confirm with Watta on Wednesday. She reported briefly on the ITVA workshop on nonlinear editing she had recently attended and thanked the Commission for allowing her go, as it had been very informative. Watts reported that the 199] miscellaneous-video and tape- etock allocations had not been received from Tnax. She had spoken to Nasarow, and he indicated he would check on it. She eleo explained e problem with one of the studio cameras. She indiceted that she would like to suggest the Commission begin talks with Trlax about equipment replacement. IV. b> Trlax Charge for Non-Cable Belated Service Callo Watts stated that she had not yet received a legal opinion from the attorney on this setter and suggested that the item be tabled until the opinion had been received. Hotloti 4.ia.91.3i Wilcsek moved to table discussion of the Tries charge for non-cable related service calls pending legal opinion. Pattrin seconded. The motion passed unanieousiy. Since the Trlax representative had not yet arrived, and the remoining iteee under Unfinished Business required his input, the Coamieeion agreed to proceed to New Business. V. _ _ e> Request to Approve Purchase of Plaques for Outgoing Comelsaioners and Officers Notion 4.iB.B1.4t wilcaek aovmd to approvs the purchase of % M 7 wood plaques to recognixe outgoing coamiseioners and of- fieere. The wording would bei "In appreciation of inaae* for mervice and commitsent to the davelopaent and adamiatrst ion of eable television regulation in the Lake Nmnetoniia Coaeunities ■ * Hughes-Seaeane seconded. The notion passed unaniMuely. uMCCC June Minute*--Hage Three b) Requeot to appoint bylaw* comaittee Watt* explained that alter a review of both the oylaw* and the joiht-power. agreement, ohe had concluded it wa* the joint power* agreement that contained out-of-date information or wa* non-inclu*i V# of chan(3e* in admi n i* t rat ion . Motion 6.1B.91.5; Wilczek moved that staff be directed to es tablish a committee to review the joint powers agreement. Pattrln seconded. The motion passed unanimously. Pattrin and Salacar agreed to serve on that committee. c> Request Watts listed discounts to the newslettexs* and for public access Motion 6.IB.91.61 NFLCP for 1991-92 unanimously. to Approve 1991-92 NFLCP Membership the benefit* to metr ,«r*nip in the NFLCP as regional and national conferences, quarterly support of a national organization that lobbies . The membership fee wo"id be S175>.00. Piit^x-in moved to approve membership in the ; Hughe*-Seaman* seconded. The motion psssed d) Appoint 1992 Budget Plenning Coeeittee Ae Treseurer, Wilczek offered to eerve on the 1992 Budget Planning Committee, Olds offered to serve sleo. Motion fr.lB.91.7i Wilczek eoved that the 1992 Budget Planning Coemittee coneiet of Wilczek and Olda. Hughee-Seassne eeconded. The notion paseed unanimouely. /^fter conclueion of regular buain'se. while the committee waited for the arrival of the Triax repreeentative. membere in- foreally diecussed soee iteme that had been postponed earlier. Watte eeked if the committee would like to officially start equipaent replacement proceduree. Motion fc.ia.91.§1 Wilczek eoved that etaff be directed to pur- eue the ieeue of equipment replacement with Triax. and that once apeclflc iteme have been identified, the matter be placed on the agenda. Pattrin eeconded. The motion paaseJ unanimouely. t^ben provided coamieeionere with background inforea tlon on the Channel 21 signal problem, stating that Triax had installed new equipment and had moved the transaieeion signal to Q different frequency in hopes of eliminating the interference, but that other channels were now being affected. Pattrin stated that probleee with service to return-eignel paths (I Mete) had been going on for a long ties, and he euqgeeted the frenchiee be emended to include stronger requireeente for maintenance. oida explained that requirements could not simply be added to the franohiee without a renegotlation of the agreement by both pertiee. Wilcsek directed etaff to aak MACTA to address cus- toeer service and aerviee standard# at the state levsl. Peasrow having arrived, the Coeeieeion returned to the Tria* rs|K>rt. 111. BRRQBTl Trisa Report At this tise, Matsrow distributed the monthly report ee voll as the studio report. LMCCC Minut««--Page Four Homes Passed Basic Subs Expanded Basic Subs Total Pay >'nits Total A/Os Total Remotes S :< j z 910 93 9S4 713 J23 446 He stated that the check for miscellaneous-video and tape- stock funds had been sent to the Commission, and Tnax had been working on the Channel 21 problem by replacing some eguipaent end moving the signal to anotner fiequency. Watts informed him of the alignment problem with the studio camera, and he agreed to have it repaired again. She stated that she would like to begin talks with Tnax regarding equipment replacement. Watts then noted for Nararow that the service- charge issue had been tabled pending receipt of a legal opinion. Pattrin asked Nazarow for any informatici h® had on the subject of charges for additional outlets at Holy Name School. Naaarow stated that public schools are provided free service. Watts read from the franchise agreement, which stated the cable company was required to provide free installation and basic ser vice to public buildings and nonprofit organisations. Nazarow agreed to provide free installation with no charges for the ad* ditirnal outlets, if Holy Name School would reimburse Trisx for thetr costs on the line extension and underground cable work. Pa»trin indicated they would. Hot ion 6.ia.91.9i Wright moved to adjourn the meeting. Wtlcsek seconded. The meeting adjourned at P.M. fvespertf ul ly submitted. Kathe Ehlert Administrative Assistant Hu, F LHCCC JUST CLAIMS 5/22/91 TO 6/18/91 DATE MAY 23 JUH K 1 PAYABLE ITV* TWIN CITIES U.S. POSTMASTER NORTHS IDE APPLIANCE JIM SCHINDLER JENNIFER WATTS KATHE EHLERT DANA GIBBS IND. SCHOOL DIST.§276 VOSS LIGHTING U.S. WEST EPA AUDIO/VISUAL PERA NFLCP PETTY CASH JIM SCHINDLER JENNIFER WATTS PORTLAND MARIOTT HOTEL U.S. POSTMASTER JIN SCHINDLER JENNIFER WATTS KATHE EHLERT DANA GIBBS NORWEST BANKS PERA BERNICK 6 LIFSON PAYCHEX LAKE BUSINESS SUPPLY CINEOUIPT SKADS TRAVEL PERA .TOTAL CLAIMS AMOUNT ACCT •70.00 CONF/SCHOOLS 38.2S POSTAGE 300.00 OFFICE EQUIP. 605.20 P.3YR0LL 843.00 PAYROLL 62.36 PAYROLL 130.00 PAYROLL 400.00 OFFICE SPACE 7.41 MISC. VIDEO 116.72 TELEPHONE 110.34 MISC. VIDEO 102.85 PERA BNFTS 645.00 CONF/SCHUOL 90.23 VARIOUS 22.38 MILEAGE 51.90 MILEAGE 1111.80 CONF/SCHOOL 33.01 POSTAGE 497.65 PAYROLL 834.08 PAYROLL 57.30 PAYROLL 122.24 PAYROLL 1342.44 FED TAXES 168.8 PERA BENEFITS 37.50 LEGAL SERVICES 48.30 SEC'Y SERV. 35.15 OFFICE SUPP I9i.99 STUDIO/MISC VID 1014.00 CONF/SCHOOL 9.00 PERA LIFE <9180.67 Bhm\ EXCELSIOR B«GinAliiG balance Claina Intertat Service Charge •31810.09 •9180.67 124.16 *12.40 ENDING BALANCE •22741.11 KCU ACCOUNTS Neianc* Share Acet Balance Preferred of Depoett (6/101 of Oepoait (6/241 •5i57.93 51623.B5 26000.00 20000.00 ENDING BALANCE •1034B1.7B TOTAL FUNDS • •126222.98 189 9199/90910 How would you nt§ your ovor§n cibh iotvico? A.□ Exc^lont □ Good □ FMir □ Avorag* □ Poor A. If you eatlod th§ cabla otttca, how many Uttwa did tha tala- phona rtng batora baing anaamad? How would you rata ina Cut^ omar Sarvica ftat^aaantauva who harnHad your call? A.a EMcatlant □ Good □ Fab □ Aaaraga [JPoor Hava you had a rapalf or aarvlea call m tha la^yaar? A.OYaa UNO A. How would you rata our mrrtca tachntean’a abiitty to aoha your prof^amf □fair QAvaraga QFoor It you had a repair or service call within the last year, did tha service technician arrive as scheduled and resolve the problem on the first visit? A. It no, why not?____ Does your TV have to be connected to a convener box to receive cable? A.□ Yes n No Did you order any additional services within the last year? It so, what? A. What la your favorite cable channel? A. CQtnimntt: N0ISIA3iaV0 XVIHl suiejdojd isajaiui laooi spods loouos qtSm /wo 7 sSufieauj pjeoq lOOUos sBuiiaaiu uounoo Aiio iuouo isoiu uDiBM noA op svuejOojd uoiqm ‘os;/ •eA ilZ JO oz '61 ‘9 siauueuo 00 OuiunuejDojdleoof qoiem noA oq '£ eoA [ isoipms leoot am fo auo le dousHJOM uoiionpojd oepiA e usifsi jeae noA sash z lean onondjo$ soipnis uoiSiAdjdi ssaooa septAOjd xepx /vi/i ejeme noA sjv ’l :s0!i!ipe/ pue sieuucMO sseooe oiiqnd moqe suoiisenb Maj e joms -UB 01 noA a><!i pjooM uoissjujujoo aiqeQ e^uoieuu!v«< 0><bt eqj^ noA aAjes jauaq 01 sn d|aq him uOfiBiujo/uj siMi luauiAed Aiqiuouj jnoA q)}M 1! ujnje: puB Ae/uns $iq) eiaidujoo oj siueiuouj e a^jej assatj imm noA wm sn im 'A Equipment at issue in cable lawsuit tiled against citiesiy Tlwnf Mfrrt VltflMI Um Am fiw ftart if i aiidirif*i IHa M 4mi aAmm imtttf Hit ra»hi—latiftfiMawarKlimt MandaiiU la (ha Uvniit art Byratvilla. Eagan ami Iha •itfiwnia/Eaian CaMt Cbiii- TYmf aUfft Cabin TV Nvili CanUal H undar canCrae- IimI aMigaiien la mpteet lU now appraacMng iM yanfiiM. ^bla TV Hm CaMa North CaiKrmI Com- Corfi hna (Uod i iawomi la tadval DiAtnd Dan M N BN roBiatm la •anrad rahia auttomart in itimiirlJIa and Eagan •met \ma Mndar a |oin4 pawen agrttmtal, Iht Burni* viiia/EaiBA Cahia Cammiami waa appoMiiad la raguiala Iht Aa part of lha franchiao or dbianct, Cabit TV North Can- IrmI muH provida public acr aa rhaiairN Public aemf ofTrea lha eommynlfy an oppartunify la prodyci ridoa programt eaMacaii frao of charga THa piMic aka haa froa acrana la rabtt aguipmaiit; a^iapmant vrhaaa rrplaccmanl k m thspuu rttMB ) ara trying la poaa rttiuirtmofiu upon Uia cabk coppany for tha replace mofd of i public aecoH) aquip* ntcfd/* aaid Torn Umfim, at larmp for Cabia TV Nonli Cca< Iral “Itiay go finhar ihaa the pracbcaJ roifuimnafili allow **Cabin TV North Central con landi H hot la only rrpair. main* laia and raplara aa noroMary. which Iht company haa dw. Unrhtfi laid Arrordim ^ ^ china orthiunra. adopted when cable wrvira began in tha arm. nmriy fun tna would bo noednd to raplaco ongmal oqiapmam Thai CON k aa mtmala for raptacamanl of oquipmant in ihr eighth ynar lo tha l«h ym/ •liar Iht ordinanca waa metad. It • (ha ifticrpralatioa of fhal pronakn wtneb lha bow soia dkagraa on Tha fraachifo agrrrmant haled **mimatrtf" raplaca wionl eoMa dMnld lha famniiiml na funcl ionB fur wtach It voi purrhamd breauna of wanr and toor." Undlm •aol Juu hocauaa (he coot a wniten in (he agrc omaid daaan I force the coffipoay la replaca aquip Ritfii ilill aoriung. ha Mid IVt miiiMlm wera ndudevJ LAW^TT; iePl^ U Lawsuit Ik m§ tha ffipany*a Pik coro." Creighian laid Bmidm. the ciliaa know mora about «bai ‘i happening ia Iht mkikUBiilm Public acemi wiii cMinue la ba offamd whnairer Ukm ovar da kiafiagamani. he laid. **T1i^bk«« g aary tmM pur^ SHtaakikilkMi^^ Thayaraml lo bt kMd tar • dktafOBi mr»nr.:r.r?r.rrr!sS: Ckbit TV Narih Caktrol mtaHikg HiiaB opdpkOBi.** aaid CroiifMkk. atlamky far lha ckiOEta rahio TV Narth raairai vHb a aunMkary m tha liPggtl gaoo bkpkkd r Ifftar ■djpkkgtaMhoMr kM tkkikkitki.** ■w / idkiiillii II li'iriii'nilliiiir "i J r < • .1 A/» K-Z i . . ; j j. I'lK :’' <>1- •»^ f CtM rmchae renewal* cleiikr<l. Municipal overbuilds. ;.J lliree^ear renewal lenns. Ninety pane* of customer service fuidelines packed into a renewal conliract Wlien Uie li>84 Cid)le Act became law. operators thoucht they'd won a rclaUvely free hand in runninf their busi ne»es. Waan'l the whole idea of The Act to curb flie power of overzeaU HIS city rcK'ulators'* VMiat liapt>ene<l ’ Wlial hain>t*ned—and is liai^ (HMunn —is Ibis: it's fraiuluM* renewal lime in /Vnierica. and over llic last 15 years the rules have chanjjetl. TliouKb Hie /Vt remains inucb anti on ;wi>er little H»*ems different, m reality ibe negotiating landscajie lias b«*en ratlically altered Framing* 20 CitllVIlltB • ». I •/ 4 • audiorities, even in buctdic IxirRs. have developed new sophistic*, lion (iroups like NAIOA (tlte National Association of Telecom munications Officers anti Advis- i rs). wlikh didn't exist 15 years ago. strive to etbicate franchise authorities about the weapons in their arsenal And an army of law>ers and consultants has sprung up to see that franchise ^imCabkAct ^VPOs«dly stripped ■r.'•a# cfmostoflheu powwovar 0^ But recent f-r'fotMt derisions. ':ir f - ;:,t: some careful Pmamthn (or ft\ '/-i',' *^nnewals.are drem new dout. vilfluttofA* •••••A ^vtriuuiici, Umunicipal overbuild, a short review, franchise fees...," 8®ys John Mansel, a senior analyst with Paul Kagan Associates. “In absence of rate control they are looking to generate as much control as possible." *T^is is nothing new," says Steve Efliros, president CATA, the Community nna Television Associa tion. *They have always done what Uiey are doing now in the renewal process. This is just the second time around.” . ..c/ItI always had provisionsfor a city to deny its operator True, the tools the cities have are the same ones theyVe always used to lever age concessions from cable ®®**V*mes. But recent court dedaions have rendered those tools more effective than ever before. Threats of denied renewal and munici pal overbuilds, to name two, <moewe%hedaboutasheav- 11)^ M a 12 ounce hammer in the hands of franchise authorities. Now that ham mer has become a lOoound sledge. ft is also a critical time for w • . MrUafiht »hn<witautis,«,,,iK, ii.1tiM franchises were granted. Cities now hove a window of rtunity to, •.» • * How did the cities bulk up thdr powers? They have been husfry working out in court. ^ a«^ v|pcraior renewal, but the presumption of renewal was so strong, and the denial procedure so labyrinthine. It seemed as though any incum bent system was in for life. Not anymore. The City of Rolla, Missouri denied Rolla Cable System Inc. renewal on three of four possible provisions under The Act— specifically that the cable system had not complied with its con tract, the quality of service was poor, and that the operator did not have the ability to provide ser- V" - promised in its proposal. It went to court and in the end, the city of Rolla wore the hurel wreath. That was a pretty sobering decision, that one city took an operator through the process and won,“ says Frank Lloyd attorney at Waahkigtoo law firm Mintz. Levin. Cohn, Ferris, Glovsky and Popeo. "Somebody got through this procedural mme field and knocked out a cable operator." Even Eflros, who notes none of fi»e>e negotiating methods are new,saidintheCATAnewilet- f*^|*What the case did prove ... renewal process under the 19W Act does indeed have **^th—and you had better heed the warning." 'Hie case is now on sppeaL but its impact is already being felt The Rolla dedafon has ceit^ chanavH tfw>------» -■___ l.b- BY ROY FURCHGOTT <Aitivmaa • jst? i, n,, 21 il| Mkm Ov irbuMif Or a city can overbuild, and as Uie franchise authority, it can cut itself financial ami regulatory breaks it would never allow a competitor. Tlial’s what happened in Nkeville. Florida. Threatened with a municipal over build, Warner Cable filed suit in U S. District Court in 1985. Warner con tended that a city-owned system would have an unfair advantage—paying no frandiioe fee, being cross-subsidized by tax dollars, and having regulatory control as well as the right to see Warner's confidential business infor mation. The end reauk. Warner argued, was that its right to free speech was being demed. The court rejected the claim. aay’.ngWanier'a right to speak had not yet been suppressed, and that it could not sue for a threat to impinge free speech. Warner appealed to U. S. Appeals Court, the llth Circuit, which upheld the lower court Now Warner is trying to get Nkeviiie on the Supreme Court slate. Too bod for Time Warner, you might think, but the ramiilcations are ter reaching. In a friend-of-the<ourt brief aubmiticd to the Supreme Court attorney Lloyd writes. “... city fran chising authorities srill use the 11th Circuit's decision as leverage to iindemiinc... (dud fran- diise renewal process that t»rotects cable oper ators against municipal overreaching." The brief goes on to argue that the Niceville decision opens the door for the sort of inappropriate quid pro quo concessions the IU84 Cable Act was intended to preclude. Shirt laask la Vifae Not all of the ham mers in the franchise tool box are as dramatic or as topical as those used in Rolla or Niceville. But other tools are more prevalent. Like the short renewal term. Where it was once the standard, die 15-year renewal period is becoming as arcane as bell bottom trousers. They are going for a shorter renewal term, and if they can’t get it. they go for a reopener clause," says Mansel. The reopener clause allows a city to reopen negotiations on the franchise outside of the formal renewal process The cities say they need a shorter V ^VI y i\ *diNl renewal period to assure that a cable system will keep its technology “state of the art." Though it goes unmen- tiuned, it also keeps cities from becom ing locked into long-term contracts they can’t amend in the event of new regulation Ojierators retort that short TIPS FOR A SMOOTH RENEWAL your hialory mid poarntinl goodien for the fbfrire.” Failing to tri0{er the procem during the three- year window can lead to dire conaequencea. “If you don't trigger the formal proceas during this window, you are left back with the old riidard {prior to the 1984 actl, which la mbitiary and caprkioua,” anya Lloyd. Tfou want to have your lawinn Mints, Lavin, Cohn,’The beat way to protect a franchise ia through common sense measures thst often got i^iored. says Wes Heppler. a partner specialising in if^ton law firm. *You start the procaaa early, you nsake sure you have good records at cus tomer satisfaction to back up your claim, put in a raasonabh* ptopoaal. and above aO. run a good system.'* ■ ILF. 22 CAIllVfllfrR • HIT I. IffI terms tlon'l allow them to recoup investment on improvements made in the previous renewal period 'niouRh the truth lies somewhere in hetween. the renewal iieriod has become a pow erful bareaininft chip. Tl»e process is tO'ing and e.xpensive—and is Retlinif more expensive as leRal and consult ing fees add to the bill. Any doubts as to the cities' ability to tie a system in regulatory knots need only look to Angola, Indiana, which wanletl In giveTriax Communicntions a three-year franchise. Because the 1984 Act requires an operator to begin the renewal process three years before the franchise expires, Triax would have finished negodations only to have to start all over again. After five montlis of negotiation, Triax got a five year renewal with a five year extension. Ot Fact* Raft Rtfalatiaa The threat of regulation from the cities exists not only during the renewal process, but throughout the franchise period. Even under the Act, cable operators have an Achilles heel—the cities just had to learn how to exploit it. Now they have. Thai chink in the operator's armor is the customer service contract. Cer tainly it remains a bargaining chip dur ing renewal, but that contract opens the potential tor de facto regulation “The 1984 Act was clearly a cable industry act, slanted toward cable,* says • franchise consultant asking not to be identified. “People thought the fraiKhiae authority had lost all regula tory power and it did lose a loL .So the cities had to ask what leverage does a dty or county have, and customer ser vice is a big part of it. Cities are very concerned about rates, but there is not much they can do about it There is definitely bargaining that goes on There ia so much room you have, then you have to be creative.* Thai creativity may begin with the atandarda. which is why it has become a common part of renegoUa- tion. “WhM you have seen in the last years is increased focus on more carefriHy articulated conaumer protec tion Mandarda, says Norman 5iinel, an mon^ with Arnold and Poner a Waahinginn law firm that represents a number ot franchise aufhoriUes. as ^ aa NATOA “Virtually every oty in negotiations is getting one * And a city may not have to be m M.n I't'H SOU) f ! f ' |j' t I. '• »• K . • ’ ,. » » » ': \ Tiimir'>i)\ Cwmhinu u I m v\. 0 A V October M. 1991 A Perfect 1991 lOlli Anniversarv y iv nrr? wonMOM onpicct Rfti%trt(jon Mari|fr SIka IrK 609 mim * ( A • I J V I s I 0 K . J u I T I . Iff! 23 P' '■ ’ 1^'. i Ul. * 'X p V ^ \y• i'~*» „i te. w •/ renewal to get a stringent l ustmm'r service contract. “S<inu* cities liavt* negotiated Iconsumer slandardsi wiili iJie cable comj^any, but they doni lidv to. Tlte AiL‘t gives the .Yanchise urul c eral power to enact thos^* rules,** s;* s Dr. Barry Orton, professor of teUvoiiv munications at the University of W"is conain, Madison, and a Cranchise con- "Franchise authorities will use the 11 th Circuit ’s decision to undermine the franchise renewal process that protects cable against municipal overreaching," ------frank Lloyd Mintz, ievtn Cohn ferns G/ovs^<y end Pop eo siiliani |ur J’i ye.!r s A »■ fn-v, luvr tnrd to r.'un it .I* 'wn t Irm s tliMMl— hut tiu-v i un ' W.mu*r ^ fiis<igrees w]\U i )rlnn s !nier]>M- taljon u( tjie .'\t t. rUicl m.unUun^ (luit the si'fA'ice contr.iil must agretMl on KecMnll<"^s. i I ties are bnnguig prrv sure to be;ir by mslalling stringent mt vice contracts C onsider what Iran . • r, , \,--A . ,rl< ( itv f» ■' 1! M.inhultan C .ihlr V ' 'u iM r»‘ru*vK ;ii IrIm‘ .'f 'U nds of [UHiT vrr^ u r It :i> fu »T f!.!!!- * «r V Its' i • ‘ I • «‘ 1 ( * * I f i’ U-'i ,i r.un|),iign lh.it '• Ifi* '! nM!!»*rP» utK. .iruj hMs auf! vfih’A.iv ,if{s sm!irr<’en1 lot suh s< nIxTS sufs,f've<l! rrsj«on<| ffl " savv 1 hvinor Zink. fliP^^f *r nt the ()lfue of C miv 'nun I ulifuis ami il«‘!»ulv 'C [ ♦.ni . hi'^ns fur \»-‘A York i ilv Y •nf>lr t(M>k lime ;intl wrufr Y-ttfUs lliev li.hi dales, n.imes. photos |ol prol) • ?3 ’sI It w;is ihnfubs down .ill iJie w.iv P.ie level o| tnistniiion was s<) high it A.IS iru rmiihleP As a result. ’!u uty L.id Imit* trouble negoti.iljng a hettv 7tV som*‘ p.igt*s <d consumer prolei ti<m ind semee standards written into the renewal agreement How do these rules open the door to de facto rate regulation? liu ludetl in What Does A Season Of 84 Hits Sound Like lb You? 21 CAIIIYISIOI • JQIT I. Iff! I the contract are demands requirinj^, for example, tiiat phones be a/iswcrcd wiiitin four rinRs. and that no aistomer be kepi on holrl nmre than 30 soi'onds 31>e fine for violalinK a rule can run as luRh as $1,000 per infraction. And tJierein lies the potential for rejpilnfion A francliise authority has tlie pre- roRative to be as diliRent or as lax in enfon'inR its customer service Ruide- lines as it wishes. A city that is content with the cable company ’s operation can sit back and respond to complaint calls as they come in. Or, if it is dis pleased. it can go looking fur infringe ments and levy fines. Potentially, when rates are what die city regards as rea sonable. it can enforce customer ser vice guidelines with a wink, a nod and a warning. But you can bet that an operator will have to do some fancy stepping when it comes time for a rate hike. *(Cities| are not threatening with denial, but they are more aware of the authority they have, specifically cus tomer service standards,” says Warner VP Matz. "In some cases cities have viewed rate control as their only clout, but if they have a tough service standard, they have ■omcUiinf to faU back on.” So f.nr. ronsiiluiiils .intl iav^Acrs sav that cilics hav<’ bren i<-asoi).ibl«* m cnforceincnl, hut r»*in;im waiv Sav'; Iffrns. “laislomiT s*-rvi. fj nuchl !»«• .i l«‘v»*r \\«‘ ll havf' to s«*i‘ how ihcv u--*’ It If they arc uiirca'ii)nal)i«. we i| go In court.” Coble's Own Workout Court is .ilwiiys .m opiioii And according to Fffros. it is an option tlwit !hr industry' is regularly exercising ^tere is a lot more legal ac tion going on. because if (cities) want plav this gaiTie, we have to lake them to court/ he says Al the same time <»|)erators are catching on that they have to re-think their negotiation strategy I 'ncler The /\ci. it had lociked as thougfi fitx^mtors could steam roll the cities They can't Wliat the NCTA and CATA have now recognized, is if you can ’t lK*at >m. join ’em. And maybe if you can beat 'em. join 'em anyway —It s easier to work with a partner than an adversary “In some cases, some cable compa- ni€*s —a minonty of cable companii fell they didn't have to pay as much attention to officials and customers as was necessary." says John Wolfe, spokesman for NCTA "U's clear the indusuv has to pay more attiMtion li llie fra/K hisp authority " And to lenrii the industry' how to effritivrly attend to the franchisr authority, as well as the public in gen era! .MTAand CATA are going to do what NAFf)A has apparently been clffH'tive in doing—educating its con stjtuents on how to better handle the negotiating proc ess As most in ifie industry know by now. ( .ATA. under contract to NtTA. is developing an extensive public rela tions training program that will leach local managers how to form better relaijonships with franchise authorities and consumers. The groups have ear marked about $1.5 million for the effort, which wiP 'ompliment a $7 .S iTiillion nabonai im<«ge adverbsing caii> pajgn Ac cording to negotiators who work in the trenches, including Warner's Mair, it is money well spent "When you have good relationsliips with a city, you ’d be surprised how smooth the renewal process is." he says. *We just had several contracts come up in the Columbus (Ohio) area, and we had very smooth, cordial negotiations, and worked out an arrangement that ben efits both groups. It can be done.*QD "‘4 I* 1111-vr MMrinen CKvIghc Gooden and Frank VkXa'Plui ne NadorW^.' League ’s stolen base champ. Wxe Coieman Thnk ificHC * ! d«nard fans wRh the Men 94 tvnes a season —- from me Big Apple —\XAVCf? ^ mm r« «w; tRkgi Mvmviit (kllivisioi • f VIf I. 1991 2» NH Moisiaaxa)tVO919fD ¥)U« 3)IV1 SliVU «9^lNN3r 1 69^U0000 M3 INSIDE Pfimt Nttmark, Sp9rttCkannd kit QVCLMkt ViF( Aft^ivn dtownW miit takt JCPtnnty’% A«m»/3 kmk in lkmmvkttM/2§ Nr 34^ m Mte Hock /17 CaWMnia Operators EMbraHed in Battle Aninst Cable Taxes ^ALIPOWU C a BLC OmtATtHtS are (hrealen- W inf to rally the etate'e 5.5 million cable anbecribere ^nat a propoerd lelecnmmu nicatioaa tax unleea the cash-strapped state IrglsIaTiirr becks down on its plan to slap a 6 percent excise tax on telecommunications The tax, srhich srould be levied on tele- phone service. lofigHiMtafice car^ and ca ble service, srould pul some Caliiornia oper atom' total tax bunJens In the 25-to-30 per cent range, said Dennis Mangers, senior vice president of the California Cable Televi- 5r« TM «H p«|v J9 TMTOUAHIST STAMIAI .1 A' Technical Standards Proposal May Force Rebuilds, Upgrades ■y Carl Wetnachonti tk f'Kovi^inn in the Federal Communk'slions Me ommission's proposed rule making on lechnical standards, due out at the end of June, coukl require sweeping upgrades or rebuilds of mwh ol the nation's cable plant. According to two sources, the proposal would force operators to provide a 6 deribei per millivoli signal at the subsciiber's television. But the nation's cable infrastructure was created to satisfy a need lor 0 dBmV — a comparative mea sure equal <0 1.000 mtcrosmlts (1 millivolt) — only half the signal strength of the »« dBmV mra e said to be contained in the proposal. That's a starclier Thai's very demanding.* ,Ser rCC ifn pag* Ifi OvarbuHd la Florida: Sapromt Coart Rafocts Waraar McavMt C mo N A Binw to cabtr operators fartng mumcipal loverbwkh. the Supra me Court on June 17 re fused to consider Warner Cable C nmmuaira- twns Ur s luments that ito FWxl Amendment rights would be viofaned by a nwanipal aver budd in Nirevige. Fla. The court reieewd without comment Warn er's srgum enta that Urn overbitild would drive its sys tem out of bsMtaewk thns MHufinf oa it* free s peech rtfhts. Tbe court's decishm uot la hear the case iHs aland a aeriro «l Iswer caurt decisisns ruing that Ike efry't Isle Warner's First AmendmeW 'tWe are extremely pleaseit with ihr ruinf i we antriaale bcM w the cmir TV busF r: f •:W5i’ 'it?.-I. Pr • m . r .i. 1 High T(Kh WWi MMrtioii of MEU ArriciALS Jones iNTEtNATioNAi. Vknew Pre. it Bush would mention Mind Exicnski inivcrsily in a aiRiili delivered June ' in Grand Junction, Colo., but the chiei executive had a sur priae In store for them. Bush cited a Mind Enteniion student. 74-year old Corolyti Sharp, during the speech. Tlie lonea people antidpaled a comment on MM EMcnaion. but they hadnl planted Sharp, a Colorado resident, as an obvi ous meidkMi. So how did a presidential speech writer know about Shart)^ In m«'et in^H (iunni{ the past several months with White House staff members, Jones exec utives had {>ass<^i out ___________ copies of (i)enn Jones’ book. “Make All America a Si bool.” It seems the speech writer read the book which includes a MIMN section on Sharp. SIC French as it applies to tennis courts A spot created by the agency TBWA in New York promotes the French Open sweepstakes by superimposing a lan guage lab tape to a video of a tennis game. GalUc voices teach viewers precfout idioms such as: **Down in front* or “^lliese are our seats* — with Englisli subtitles, bien sur. MRLEZ-VOUS TENNIS? In one of TCra image ads Iasi year, viewers at a Montana barbershop took French 101 via cable Now Tim# Warn#r City CM# (New York) subscribers are learning ba* SAIUNO CONDtnOlii; Sailing condi tions next week off the coast of Maine include winds of 10-15 knots and seat of 1-3 feet, increasing slightly on Friday Flight conditions from Maine to Denver (to check on new home construction) are expected to be variable. CoiNt Relic ts Niceville Case QttIKtI in iIm Mar Mura,* saitl Nicrvilla dty drdi Gaargt Irrlud. *1 MB claartr diMppoimad ihai the UL& SMpfgwa Caurt daclncd lo lake the caae,* mid IMd Jaaaa, Mider vice preti- deal aad gaaei^ couaaal for Warner CiBiBBiBlraHiBi hK. The haMla katMan iha arttetn and (he aMdMUp af rehtaBdiiBi vaten approved allavMie cWla wrvico. Warner auad lo UmIi *e ckrt plM8 lo hoHd a $2 mUUun MlMIlPMrVI II, at Mm I MBt«« wd *ripa* be- frugal approach lo First Amendinrni is- WMrs,* aiud a spokesman fur the National Cable Television Association Kob Slofhlard, vice president of com munications for the Community Antenna Television Association, said, 'rhe case will not go away. Gone, but not forgotten ia the way to sum H up.* Some observers took heart from the court's refusal lo hear the rase. The court ’s action doesn't give any in- dicalion how it would rule on the merits of the case, according to Frank Lloyd, an allomey with Mints. Levin. Cohn. Ferris, Giovsky and Popeo in Washington, D C There are also other cases iovoWiiig aiiioii liiol overbuilds m federal courts — Par^ould. Ark., Monanlon. N C.. ('.las fow, Ky and Nrgaonrr, Mich. — and at •ome poim. the iaaue wil conte up again before the Supreme Court Uoyd aatd. However, il may be too iMe for some operMora. aaki Wes Heppier. an altoniey with Cole, Raywid and Braver man in Washington. Consolidated TV Cable 5«ervire Inc. in Frankfort. Ky.. plans to sell its plant to the municipally owned Community Service Inc -This IS an eaample of what can ha|n pen.* Heppier said. *The government speaker wilt replace the private opcralar.* The cities are competing with an enti ty they regulate, ghdog thM a trenwa doua advantage. Iltppiar saM. Rut obaervera fr^ the municipal aide of the picture were encouraged. “The decision dears the way for aoy city that wants lo consider (a mwtidpal overbuild),* said Larrine llolbrooke, m attorney who represents cities. The esse is signidcsnl beet cates that *the courts won't cable operators' claims that everything they do it men!.* wa» *aa ♦ t<I# m i, ty study t wiS tsaue munhii finance tbe eyHem and adwrtiae l#r a buiMer iMa Abaolutsly positlvRly p#rfaet drop cabi« Inttallatlofit, •v#nrtliu#l of doaiaaliig tlio cobi# - and It laoto tbo lit# ofthodrop. No signal dooradallofi. No trouMo eaio.signal dogradatlon, Notro Ml. dsavsnngsgMRE^ylg^ • raJPerafSar PtwiNKU 9 /one ti. mi r ! . V* V For Cable Companies It's time for service to meet the NCTA standards Si>RvicE EiEcimvu (hrough- l#o«it Ihc cable imiuttry have apent moel of Ihia month determining — for thohr boaoet — how many of (heir tyt- lomo are in comphan ce wMh (he NCTA’a vohmlary Cualomer Service Sundardt. When the ayWamo hove been in com pliance for 12 nwnthOi they can apply (o tlie NCTA for a Seal of Good Cualomer Service, whh the onuo of proof being or. cable aymema and operming oompaniea. The key word hen ia "complMoe* be^ cauoo when the atandarda were an- Mowed in Februa ry ino, Ihe NCTA aaid by Mr mi *of (he requkemenl ■MliMMHM cnmpnMC* m ter 12 montho, ayatcnia had after (he 1910 announce- by Ihia July Al pew dme. the NCTA didnl have a count of how many ayate ma hove applied, but an hdarmal aurvey by Cable in- dlcniea the majori ty of ayatema are i>i aa For Wamor CaUo, Papor Shuffling Creates Probiema ffl*OR Warner C able Communicaiions ■ Inc., the (ougheal NCTA Cualomer Service Standard to meet regvda aolv ing a “aervice problem" within 36 hours after it is logged, according to Tim Man Ion, Warner ’s vice president of cus tomer aervice Tlie problem, Hanlon said, cornea down to paper shuffling at seven ayatema. •They're primarily our larger ays tema.* Hanlon said. “The difference seems to be the way they treat paper In small systems, they Men't as likely to wait for a work order to print to give it to somebody to route th^ svork to go out the next day or (he day following that and get it done. The activity is a little slower (in a smaller system), and when the cus tomer calls and says my picture ia out. ilie dispatcher will get on the radio and say IL’3 S Main St., and we go and do It." Hanlon said. ‘But in a very large system, which has a bigger volume of activity, we have traditionally managed that work by putting it out fur a day or two, which is Ihe time it took for us to schedule the work, print a work order, give it to a technician, and let the tech nician route It TVhal we re trying lo get these hig operationa to do. and a number of them already have, is forget Ihe paper and go to live dispatching on al the work nedera. We want them lo use the biUmg ayalem to track it. but not to feel they n^ to wait until they've printed a w^ order and given it to a technician to roule.” That may seem bke a small matter, but Hanlon aaid it'a not •becauae you're utking about changing one of the very funda menta l aapecta of how techniciawa do their work. They're used to going out in the field with pretty much a whole day's worth of activity and being in charge of how they get it done.* know tbit tilt nuh Jtrillf tf tjiBlftiiis l*m calling •ft in cftiiipliftnct, but not nftcmftfir for 12 monttw.** -lIulirtTiT divvrWe of cmttvmtt tentn Umiled Arhatl •There in really only one issue that our systems from full com- >.* said TVm Hanlon, vice praaident of customer :^vice for Warner Cable, the fourth-largest cable operating company •That ta Ihe aervtcw- cad response time, the 36-hour re«|uire- namt on service prnbteim * companirs may have different di for these requif^»"Mts. Hanlon said. A common drlMtion of other arrv '*e problems might be *dog chewed the re mote.* Hanlon said. *1t ’s usuaffy a dr gra d ed (Hcture, Md we've got to go ia and change a couple of F litlings or maybe well find something in Ihe distribution system and have to go in sod do aonie Bne work.* For TCI. the toughest standard hM far no has beeo aoswered. said Bryaot HiO, cads,* HU said *1 diinh the Xtuecund ia probabl y the lough one * Cal volume io affe«i%>d lo IghI of m mony things that on- such as c I r For compsny. die that the NCTA iwrotdent o( operotawna for ffllbm efolr the syUema saov have been • ptonce for a very ksng ttow. «e cant due wmew that ' />m2d. 199/ Operations Cash-raising Case Study When system revenue must be increased, what can a manager do? *niE Manager of a Sl.OOO-aub- I acriber ■yticm. Corporate haa just giscfi yo« ci|hl mootha lo increase rev- CMK$119,000 » or risV. being fired. Thai chaOtngc ara'* one of the case Miiea prea eiHtd la participants during Wmmm In CiMt’a NatiMal N' »-nient CanfcrcMe on June 2/'in Denvv. Teanwof a banl oli,il people from vari- nna dadplnio in die cable biduoiry used their eoMhlMd tvlodom to develop the ■ccmingly obvi- MM aolutions for beefing up rev enue fast — adding a pay chawrl. adding j shopping channel, adding pay-per- •Xat the solu- as ex- gUHd If Iwy btanhal, vke president af the oMolaro dMrion af TeteConanuni- bosk than I The IhBited U rm franw af eight 5-' r ''Thf avtrage systam is going to boar from 1 to 2 porcant of its customars a month; what a great oppor tunity to ask for the o^ar.'* Barry Marshall via pmident wfstern division Tele-Commnmratiotis Inc. acquisition campaigns. ■ Sales strategy for new customers with a multi-pay component. (Fur exam ple, basic plus two pays plus two re motes.) ■ Aggressive sales and retention ef forts fur the new homes passed. ■ Targeted discounting of prices, of fering discounts in only the low<hurn ar eas. Regarding the bonuses for CSRa and s al espeople. Marshall suggested going a step further srith a policy similar to one that in uaes to give all employees an in centive fnr arHitv. For example, installers get $5 far each pay networli lltey sell wtiiie in the home, and CSRs and oilier employ- ccs get $2 per pay sale. MarslMil said. *They (employees) suddenly have this incentive to gn answer the phone or go run lo the counter to help a customer be cause they just might sell something. ThM's a different ndod-set as opposed to a person who sita in the back and says. Tm an aoroutium. I don't do that.' Ail of a sudden, they aren ’t so busy anymore, snd lunch hours are easier to cover.* MaraiuR also emphas.zed that asking for m upgra de or a a^ at every opportit- nity la a aound buameaa tactic th« moat *Ihr av erag e syalem is going to hear mouth; srhat a great opportunity to ask far the order,* MarshaM said *8ervice technicians and even diapalchers should aaklarlhrorder, h'sKkethedoor^iMloor aulas guy who knows he is gomg to get turned dowu W times; he's happy to keep h* knows tie is gamg to not going to buy X and Y.* The experts suggested that once a system has its 'blocking and tackling* in order, it then can focus on the strategic and long-term issues of the pay business. For example, will systems change the way they approach the pay business or simply “milk* it while it defines? Marshall said. The answer is clearly no. because the operative word there is 'declining. If you milk it now. you're not going lo have it.* Tlie experts also had ideas that they believed would double the revenue of the one pay-per-view channel carried by the case study's system: ■ Rearrange the channel lineup to add another pay-per-view channel and a bark er channel. ■ Start a training program to make ev eryone a pay-per-view sal es perso n, e^ie- daily CSI^ ■ Schedule more aggressive cross channel pron-otkm of pay-per-view. Advertising dso was seen to have the potential for growth at this system, with only 2.5 percent of avails being sold and revenue of $10 per lubacriber per year. “llie general manager nc^a lo look at the operation to see what is holding revenue down,* the experts said *lt would not be unrealistic to expect rev enue of $12 oer sub per year.* Other idna: • increase rates charged to commer- cial i»- ■ Sell some ad avails to 900-number commercial bus inesses. ■ Start a daaaiRed ad channel Jack FMtIe. opera tiona vice preaident with Rifkin A Aaas rinteu, faum sd an iw- creaaed cmpliaaia on advertising. He nos ed thm npermon can eape ct about a SO said operalora can eapect a low proAt margin about $1 ahopi second shopping channel r of a a king in some projecta arc better than olbera.* IViUlc said. *1 the real wnrid. proiecta om there that *Cvea though the customers call m costa In a and oak for .X, that dnesn l im-an diey're pnuntixe your bwkf /tmn* 24. 1991 Y I;.;. s^r l;'"' t,; ■ '.;. ' ^., 4'’ ■ -. t) -‘ r. ■ 'xy ' ms. !>>/ I m fe^C: %:ip| y::l MINNESOTA GROCERS ASSOCIATIO Ht. July 10,1991 JUl 1 2 Mr. Mark Bernhard son City Administrator City of Orono Box 66« Crystal Bay Orono. MN 55323 Dear Mark: Recently a number of Minnesota communities have introduced and heard ordinances pertaining to self-service displays of tobacco products by retail stores. We are the state trade association that represents retail grocery and convenience stores including those in your community. While we have a fundamental problem ivith any changes adversely affecting grocers in-store mcrduuidising procedures, we are interested in working with local governments to address community concerns I respectfully request diat your office notify us of council intentions in a timely manner should such an ordinance of this type be considered by your dty council. Furthermore, we are more than willing to discuss this issue with you or other representatives of your cemununity to share our perspective Sincerely. Hcnland, CAE 'resident ■ * ■ U9 9r ClAia • -»■ ■: i c - t » * • CA- • ‘ r <r - -V 'I- fctyj'''’m-:mv. W:>. &■■■:'■' to"I'’ 'fc. ■'feii,. fe;.' ■ m.w rbV?:, ■T^C '■ r-TV' ■ ■ iw- m-m.:: fctei: ^:v’: f k: m: m, ry ■ iv„. M/':- 4^' u y^:-- A. B. D. E. LAKE MINNETONKA CONSERVATION DI STRI LAKE USE CONKITTEE AGENDA ^UV. Monday, July 15, 1991, 4;. LMCD Office, Conf-*torice i\v, 900 E. Wayzata Blvd. Suite 160 (Elevator access for Handicapped; use west entrance on Wayzata Blvd. Adjustments to Slow Buoys as rec mended by Tom Reesr Bert Foster, as result of inspection offered at June meeting •id 1. Addition of slow buoy at Skogbergs Point, West Arm 2, Adjusted placement of Slow buojs at North Arm Discussion of Dogs fracturing and floating in and arouiid Tonka Baj* public docks C. Special Events 1.Application for a fireworks Display for the Nelson Wedding on 8/3/91, 11: 15PM, on Stubbs Bay at the Carlson Compound 2.Consolidated Race S c he du 1 e / M i nn c , oiika Ya c h t Club request for temporary buoys to mark milfoil beds in Browns Bay and North of Big Island during Interlakes Regatta 8/1/91-8/4/91. 3. Deposit Refunds Hater Patrol Report Additional Business recci.imended by the Committee 7/9/91 ’'i' / \ [^••11 NOAfi \ \ I I 1 ......,.................... ________ ^ ^ \ / Si::W'' 'o. eWUNOTON NORT HtR,,.f^'-ILHOAD I I . ■> REVEQETATION PLAN FOR cun ROOD \ vi*n <frv <t*u ^ewTirx-C<*lr*=N W(\l1fr- »vt-1+-iV.riArm- r»»•t|t<‘tiMUK Av*A’t««*»»irk'Mif HM. UlUOi , If •*v Vl»UAM(>vik«. A>rr -TUM»-p.U*.Y ■VC«90 S|»AH. k4>pett- I FA -r-|L|bPb AnecJ«ANtf»l An. uiu> M.. uHttftt ?toft»SBP 'Ovr-) ----fcvi»r. iia* -S'fra®* ^TY-« ■»*■ ■ I WiM. , \ VlTT-i MOIH. «•**•*«/M»K(ffAHlH». m»vpb>b4»*4.) lAlK. : ; to W*-i» f.O./ Afc.«*f 1*^. / i . • ■ ‘ k»Of»s : . 5 f L Ml> tUUM T>l*«Tm»W> tsuifA UnAlU t-' 5 ^ defineian<r^ '^; omw*. rwAMT rWTIkMAMk utiHUt “>«**.'«•'; ePWMirWJ. ^ . 04 «•0 P-' '■ ■.. ■ -: r. ip- !■■(i-' ■»w ''•«. , ‘.-r -i ■• ;. ••,••.* . • _, .i, ..,,«;i«!n .tv; M DETULtHElT■40 i ■s .^Kir c^t. tAr :-m 4;II -'•»!MCE{".S.Sr IT■*i- .!• a ^.ssnsrsKr)*** vo«*« ' iSi-t -ISuM^ATioia @ 14'• I'-o*’ 1iiP^-•S- .S': me EWIfiP^,.:||iii=.*llgf 1 ^...tr:------T,”-;- REVEQt:TATION PLAN FOR CLAIR ROOD COFFIN & GRONBERG. INC. ENGINEERS.UND SURVEYORS AND PUNt HRS LONG LAKE. MN. ■'"'''‘cv;, W" ■KMlACI'j AtJUlItU* 10 IMt »IUAU fll , Hi niieiinepiti Cniinlj, •ll■•■l,■vat4MtNNflONI.A OIMII- 0 : Iron ajckor fm.4}x Soot cicxtion ■: H«<n Snj Itrtl M«c n>»tj a Iff* i 111ttino {ontonr (ram ICQiyCMTATIOit L/cWTuoi fAiurr^ SILT fence DETAII__ :**f•:firiSisSJSi^ir",#'$fffl: :'-:■ ■■ . ■, ■ ;v- •iflP:;‘■ ■“-,». i Ki>sm AVr, f jpi:liii'liiifi m ■|i«i r ^■%-i-III S I^OQX#cciiiriCATt or svorcr roi•oAiucfA or NtN*HaNU'»(AC»-»rHAi*|iiii Cfftintf. Ninii«%ot« Oticripimn iu,.rr/,z,zv. 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PUKM m^y- ■ rTRINVTY CHURrU / BCH SCOUT GAvR^GE ^T ^ V* ^ve : .'OTO^o . mr :il -A.:r:--- ■ •% r ■ mm -t * C«rtificat« of Survey for Donald U. Moyerof Lots S,6,7,t Slock 1, Minnetonka Suonlt Sark Hennepin County, Minnesota Legal Peseriotion Lots 5, a, 7 and 8, Block 2, Minnetonka Siinmit Park. This survey shows the location of all existing buildings and visible "hardcover" and a proposed addition in rela tion to the boundaries of the above described property. It does not purport show any other improvements or en croachments . I hereby certify that this survey was prepared by me or under my direct supervision and thr.t I am a duly registered Land Surveyor under the laws of the State of Minnesota. COFFIN i GRONBERG, INC. #1656 _ _ _ _ _ _ _, Lie. No. 12755 Engineers, Land'Surveyors, Planners Long Lake, Minnesota Date ; 5-22-91 Scale: 1" » 20' o : Iron marker imMim. ".':j:^.. - 'V ' ‘.V •■‘^' '«'•■ ■*-.' *“ '' •■ ' *'• - .'’ ''' '> ■' *■ ;- t Ma ^ -‘ 26.4 ac. ; 1-^,5—.- -:^- ^ /- / • '^j::iL . mi.:*.nrrr~.^»ES-r „_,TfSS3Ui 3:^; ■ c,^; amR^R ' freem'Vh «WWIJ»^-mit - ?f-. >- ■ >»W» ».'»-ar ~«-^---.»..?rfj(?»>^,«e^-..--^ ..^ v» — CERTIFICATE OF FOR DON BECKER SURVEY MU liMi *nT« . - (iTpyi—-- ' ^^==^*»>------—L-^ -iiir'' ,T7i r. ---------------------------------------^ //t: \ \ I \li14.1 r-_ tmr* 4M **» " niu4\ oStT \ «rfV (t*€ J, ratf #Mr Jt •« ^ ‘h- (pC,;L-\VE ^ ^ \ ' ----- "5" ■=^ «r=t1Si = It'S =r* -xsa: s-ar-KBX*- * = i-.* ” Prt05PECT A^irSUE ; 7 Tuftin'* ._ :Jr sw c» /“• M , LEG^L DESCRIPTION xn that part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117 North, Range 23>Mert of the Sth Principal Mer idian described as follows: Beginning at a point on the west line of the Northeast Quartet of the Southwest Quarter of said Section 10 SIS.625 feet norti of the southwest corner of said Northea'it Quarter of the Southwest Quarter; thence North 130.00 feet) thence East 20S.0O feet: then e South 130.00 feet; thence West 208.00 feet to the point of beginning. 8BE» 270.10 sg ft., jr 0.62 acres ,1 N SCALE r»30' A im/r A. i r 4 a DENOTES IRON FOUND s XNOTES IRON SET ------DENOTES DIRECTION OF SURFACE FLOW » ■a DENOTES EXISTING ELEVATION laiNDOlOTCS PROPOSED ELEVATION > PROPOSED ELEVATIONS ^•LOWEST FLOOR 'CT.. 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