HomeMy WebLinkAbout12-09-1991 Council PacketPlanning Ccrinissicn Council
PUBLIC ATTZ>4’DA:ICE
CITY OF ORONO MEETING ATE
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liGBHDA FOR COUNCIL MEETING SET FOR MONDAY, DECEMBER 9, 1991, 7:M F.M
(*)Asterisk items are considered to be routine items to be
enacted upon by one motion by the City Council under the
Consent Item* on the agenda. Discussion will be held upon
request. Memos regarding each of the Agenda items are
available in the Public Packet which maiftli»AfeJ-ained upon
request from the Recorder.
ROLL CALL fee r®»»B
1. CONSENT AGENDA*^fTyOf
I99t
JkPPBOVKL OF HIWnBS
* 2. Regular Meeting of November 12, 1991V W ^
* 3. Stubbs Bay Sewer Public Hearing of November 20, 1991
PASK COMII88IO0 COMMENTS
PLAmiNG COMMISSION COMMENTS - Maureen Bellows Representative
PUBLIC COMMENTS - (Limit 5 Hinotee Per Person)
SORING ADMINISTRATOR'S REPORT
**APPLICANTS** Immediately after tbe Council has reviewed
your application please sign the three (3)
original resolutions at the Recorder's desk.
Applicants need not esecute resolutions for
subdivisions, vacations and denials.
4.
5.
6.
7.
8.
9.
11691 b #1702 City of Long Lake, 130 Orono Orchard Road
North - Conditional Ust. Permit and Preliminary Subdivision ^
Resolution
#1697 Jim Rivers, 1440 Shoreline Drive - After the Fact
Variances - Resolution
#1699 Michael Renard, 1185 Tonkawa Road - Renewal Variances
- Resolution
#1701 Phyllis B. Sprague, 3340 North Shore Drive - Variance
- Resolution
Edwin J. 4 Tracee Gibbs - Vacation of Clara Avenue -
Resolution
Christopher Smith, 3650 Casco Circle - Request For
Foundation Building Permit
MifOR/COONCIL REPORT
ENGINEER REPOST
10. Pay Request #2 Lift Station No. 11 Renovation
12.
CITY ADMINISTRATOR'S REPORT
11. Deferred Compensation Plan Versus FICA for Non PCRA
Employees
Extension of Contact With Strgar-Roscoe-Fausch for
Engineering Consulting Services
1992 Meeting Schedule
1992 Appointments
Prosecuting Attorney Contract
1992 Compensation Adjustment - Resolution
Authorisation to Disburse City Funds for Claims Received
13.
14.
15.
16.
17.
!■A6HIDA FOR COONCIL MEETING SET FOR MONDAY, DECEMBER 9, 1991, 7:00 P.M.CITY ADMINISTRATOR'S REPORT Continued18. 1991 Interfund Transfers and Loan PaymentsRecycling Bid Award 1992 Cont;r«cM Nith Long Lake
C^ty Adninfsi^rator Vacation Request
Absolution Concerning Safety Improvements to County Road 15
Resolution Restricting the Use of the Building Capital
Outlay Fund
19.20.
21.
22.
23.
CITY ATTORMBY'S REPORT
LXCBH8B8 (24*)
BILLS (25*)
ADJOORMHBNT
ORCOillMC 1S80BS AND EVENTS
12/09 - Council Meeting (Last Regular Meeting in 1991)
12/25 - Christmas Day - Holiday
01/01 - New Years Day - Holiday
01/06 - Parle Commission 7 p.ro. Council Chambers
01/07 o Facilities Design Committee 5 p.m. 107L Education Link
01/09 - Lake Use Committee 7:45 a.m. Council Chambers
01/13 - Council Meeting 7 p.m Council Chambers
01/20 - Martin Luther King Day - Holiday
01/21 - Tuesday • Planning Commission 7 p.m. Council Chambers
01/27 - Council Meeting 7 p.m. Council Chambers
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MINUTtS OF THE REOULAR ORONO COUNCIL MEETINO - NOVEHBE
ROLL
1991
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Th« Council met on the above date with the followingI nwJMiers
present: Mayor Barbara Peterson, Counci 1 members Gabriel JabbO^i^^
Edward Callahan and Mary Butler. J. Diann Goetten was abserftt/
The following represented the City staff: City Administrator Ron
Moorse. Public Works Director John Gerhardson, Building & Zoning
Administrator Jeanne Mabusth, Assistant Planning & Zoning
Administrator Michael Gaffron, City Attorney Tom Barrett. City
Engineer Glenn Cook, and City Recorder Terl Naab. Mayor Peterson
called the meeting to order at 7:03 P.M.
(#1) CONSENT AGENDA
Callahan added Items 3. 4. 5 and 6 and removed Item 11.
Mayor Peterson also wanted Ivam 11 to be removed.
It was moved by Butler, seconded by Mayor Peterson, to approve
the Consent Agenda, with the Inclusion of Items 3, 4, 5 and 0 and
with the exclusion of Item 11. Ayes 4, nays 0.
Gaffron noted the applicant was present for Item 4, and thought
perhaps they should discuss this Issue.
Butler amended her motion to exclude Item 4.
Motions for all Items adopted by consent agenda will be Included
In the minutes In their respective numerical order.
(««2) APPROVAL OF MINUTES
It was moved by Butler, seconded by Mayor Peterson, to approve
the minutes of the regular Orono Council meeting held on November
12, 1991 Ayes 4, nays 0.
PUBLIC COMMENTS
Norm Paurus asked the Council to share the latest news of
DNR's consideration of buying property on Maxwell Bay.
the
Moorse noted they have not received information from the ONR to
date. There was a meeting with them several weeks ago at which
the ONR Indicated a plan or specific proposal would not be
available until mId-Oecember. He noted that staff and the City
Attorney are looking at what controls the City ordinances have
over the ONR In their proposal, and will be putting together a
letter to the ONR addressing concerns of the City.
Paurus suggested that the Council look at the overall picture of
property In that area, and urge the DNR to do something Jointly
to Improve the situation In that area.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25, 1991
PUBLIC COMMENTS - CONT.
JabbQur noted that he attended a meeting of the Lake Minnetonka
Homeowners* Association at which the group discussed their
opposition of the landing. he stated that the Sailor newspaper
quoted him as saying "a trade-off maybe could be made with
regards to this issue and Highway 12", which was construed that
Orono was receptive to condemnation of private property. He
noted that the minutes reflected his position that Orono is not
receptive to taking private property, but only of commercial
property when it is for sale to help reduce user density in an
area. He stated that something needs to be done to improve the
situation in that area. He felt the City should wait to see what
the LMCO was willing to do about the issue. He stated that the
Governor's Task Force specifically stated that no additional
landings are needed in Zone 1, and Maxwell Bay is within Zone 1.
He Indicated that with what the DNR is proposing, they wou d be
breaking every shoreland regulation they currently are working to
Implement.
(#3) #1551 ROBERT WAAOE,
UILDHURST ESTATES PLAT -
It^was^moved by^Butler^^^seconded by Mayor Peterson, to execute
amended mylars for the Wildhurst Estates plat. Ayes 4, nays 0.
(#4) «1BB2 CHRISTINE BRICKLEY.
3262 NORTH SHORE DRIVE -
VARIANCE ,, ^,Gary Oelarlous was present for this application.
Moorse explained that staff had not heard
regarding this application until that day.
from applicant
Oelarlous stated that they had estimates to move the garage which
ranged from $1650 to $3200, and an additional $1500 to pour a new
slab. He noted that the garage will cost close to $10,000 if It
Is required to be moved. Me requested the Council to allow it to
remain In Its present position. Ho also thought the Council only
met once a month and that is why ho did not not contact staff
prior to the meeting.
Butler noted that applicant's request should be put in writing
and submitted to staff. She noted that at the last meeting it
iKd suggested thet applicant and staff work together find
other alternatives. She felt there was not enough information in
their packet to act on the application.
Moorse noted to the applicant that the next meeting of the
Council Is scheduled for December 9. 1991.
alternatives. Ayes 4, nays 0.
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MINUTIt OF THI FEQULAF ORONO COUNCIL HEETXNQ - NOVEMBER E8» 1991
(*#9) #1683 ROBERT F. SUESS.
2S90 WATERTOWN ROAD -
PRELIMINARY SUBDIVISION - RESOLUTION #3045
It was novad by Butlar, seconded by Mayor Peterson, to adopt
Resolution #3045 for Application #1683 for Robert F. Suess, 2590
Watertown Road, approving preliminary plat approval. Ayes 4,
nays 0.
(*#6) #1669 TERRY SADLER.
1396 BA*.DUR PARK ROAD >
VARIANCES - RESOLUTION #3046
It was moved by Butler, seconded by Jabbour, to adopt Resolution
#3046 for Application #1689 for Terry Sadler of 1396 Baldur Park
Road, for variances to construct a three season porch In place of
a deck.
(#7) #1691 CITY OF LONG LAKE,
130 ORONO ORCHARD ROAD NORTH -
PRELIMINARY SUBDIVISION - COMPREHENSIVE PLAN AMENDMENT
Jeff Roos was present for this application.
Moorse noted that the Planning Commission recommended approval of
this application.
Mabusth explained this application Is a request for preliminary
subdivision approval of a 13 lot PRO. conditional use permit and
a coeprehensive plan amendment to provide sewer 6'd water to the
lots. She noted that sewer and water will be provided Ly Long
Lake to be credited against Long Lake's allowance. An area
variance would need to be approved as the property contains 24.5
acres where 26 acres are required. A public road Is proposed,
with a future extension to the railroad to serve property on the
north side of the railroad. The city Is recommending conceptual
direction pending receipt of a grading plan. She Indicated that
the roadway has been shifted northward, and will require filling
in that area to raise the roadway. Mabusth Indicated that
covenants will be filed In the chaln-of-title governing future
development when property is relocated within the City of Long
Lake. The Planning Commission made suggestions for development
criteria In the covenant which are noted In the memo. Mabusth
received a call from Mr. Palmer, property owner to the east, to
discuss limiting access. Palmer wanted no permanent or temporary
vehicular access by the Long Lake residents of this subdivision
to the private road within Orono.
Roos explained a grading plan will be finaled and reviewed with
Orono staff the following Monday.
Mayor Peterson questioned the outlet extending to
property.
Wolf's
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 28• 1B91
#1691 - CONT.
Habusth explained there Is an outlet proposed for a future road
to the railroad track to serve properties on the north side of
the railroad# for potential development of 16 to 50 units.
Butler noted the plat does not specify which area Is considered
future roadway.
Habusth noted the road will be platted through
Easements will need to be acquired from the
completion of the roadway.
the exception.
MWee to allow
Butler questioned whether the owner of Lot 12 may loose
bulldable land to provide an easement for the roadway If
cannot be obtained from the MWCC.
dry
one
Roos noted the citing of the exception was mandated by the
location of the underpass. He noted there Is no possibility of
moving the roadway further eastward. He stated that they haven't
decided whether to deal with the MWCC as a part of this plat.
Roos noted that Wolf's property Is marginal for development.
Jabbour was uncomfortable ti.at this Issue needed to be resolved
quickly# which Is now Including access to the Wolf property. He
understood that no other development would ever exit onto this
road.
Roos reiterated that It Is a marginal developable property, but
because It does have a zoning district# they provided access for
a possibility of future development.
Jabbour stated he wanted to make It clear that Orono does not
want any additional traffic other than from this subdivision to
access onto Orono Orchard Road.
Roos understood the Council's position# but noted because of the
underpass# felt It should be retained as an outlet as
historically there was some type of access to the Wolf property.
Jabbour noted that historically the property being developed was
In Orono.
Barrett Injected that another limiting factor may be that the
underpass Is not fully constructed or would need extensive work
and could be very expensive.
Habusth noted It Is the same size as the underpass to Watertown
Road.
Callahan noted he Is not In favor of providing access for the
Wolf property through Orono#
■any times during negotiation.
and he recalled this was covered
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MINUTES OF THE NEQULAR ORONO COUNCXU MEETINQ - NOVEMBER 28, 19«1
#1691 - CONT.
Butler felt the citizens of Orono would be upset that they were
providing for a shortcut from Highway 12 through the subdivision
and onto Orono Orchard Road.
Barrett asked Roos to comment on the suggested covenant language
by the Planning Commission.
Roos commented that Item 2C Indicates more of a concern for the
south property along Orono Oaks Drive. Mabusth noted that Is
correct.
Roos questioned Item 6.
Mabusth noted that bulldable lots are described as pads until the
final plat, at which time they will be noted as lots.
Jabbour asked if any comments had been received from the City of
Long Lake regarding these covenants.
Mabusth noted that the memo had been sent to the City Council but
to date no comment had been received.
Mabusth reiterated Council's position that the exception of the
road should not be shown as an outlot with a future extension.
Jabbour noted that the existing road can remain, but It cannot
extend to any other development.
Roos noted the City of Long Lake's Intention to Indicate this
roadway as an outlot, to be held In reserve In case private
access Is needed under the tracks. He would need to discuss this
Issue with the City Attorney.
Jabbour noted It could be added to the covenant that the roadway
cannot serve any other development to provide through traffic.
Roos noted It will serve the lift station.
Butler recognized that, but Indicated the Intent would be to not
allow through traffic under the railroad bridge through the
development to Orono Orchard Road. Butler questioned the utility
easement that cuts through the middle of Lot 1.
Roos noted there Is a forcemain located there now and they are
working with the MWCC to see If that main can be relocated.
Butler felt It would be an Inhibitor for any future builder on
that lot. She asked If there was a way to reconfigure the lots
to avoid this.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25* 1B01
#1691 - CONT.
Mabusth noted that the lots have already been reconfigured
because of the configuration of dry buildable area and the higher
elevations to the northeast, Lot 1, Block 2 must remain as
proposed. The developer will once again be asked to address the
Issue of relocating the force main, may not be possible to avoid
this easement. She asked the Council if they had any other
development criteria, or comments on the Planning Commission's
recommendation of covenant language.
Charles Kelley. Planning Commission representative, noted the
Commission's main goal was to protect Orono residents to the
south. He felt they should try to restrict uses such as home
occupation and accessory structure storage.
Butler noted the proposed berm along the southern lot line.
Kelley noted the first 3 lots along Orono Oaks Drive could be
harmed but after that the elevations prohibit berming. He noted
that trees may be used for screening these properties. He felt
the City has the option through the PRO process to add conditions
of development.
Mayor Peterson asked Barrett If he felt the covenant language was
specific enough.
Barrett felt that under the agreement with Long Lake, the City
can set forth reasonable requirements. He noted If the covenants
are too restrictive, the whole development may fall apart. He
felt the City should look at general conditions, and provide for
some procedure that would allow a developer to readjust the
covenants to a reasonable degree.
Jabbour asked about enforcing restrictive covenants.
Barrett noted they can be enforced by Injunction, which would
require applying to district court. He noted the plan Is to
provide the City with a legal document that gives authority In
specific areas.
Jabbour felt Orono should decide what Is essential to protect its
residents to the south of the development.
Jim Palmer felt the request for a berm had been misinterpreted,
as they were trying to limit access from owners of the new
development from their back yards to Orono Oaks Drive.
Barrett noted they can covenant that access could not be allowed
from these lots to Orono Oaks Drive.
Roos noted In the past they have found berms to be Ineffective
for this purpose, and felt that screening of another kind may be
more effective.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVIMIIR 2S, 1991
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#1691 - CONT.
Callahan agreed that access should be limited from the lots along
the southern boundary to protect Orono residents in that area.
Mabusth noted there will be a meeting on December 2nd at 9:30
a.m. with Mr, Roos, Glenn Cook. She noted she will be meeting
with Barrett to draft covenants.
Jabbour felt a copy of the draft covenants should be sent to the
Planning Commission for comment.
Callahan felt that the comments by staff and the City Attorney
seem appropriate for Inclusion in the covenants.
It was moved by Callahan, seconded by Butler, to direct staff and
the City 'Attorney to proceed with their plan to develop covenants
that fit into the scope of the discussion for Application #1691
for the City of Long Lake for development of property at 130
Orono Orchard Road North. He requested staff to continue to
obtain the additional Information which is necessary for final
determination of road location and grading, and directed staff to
report back to the Council at their December 9th meeting with the
covenants and necessary documents. He noted this appr val does
not provide for a future roadway to the Wolf property on the
north side of the railroad tracks. Ayes 4, nays 0.
Butler noted they are looking to protect Orono residents and wish
to curtail through traffic.
Mabusth asked the Council to consider any other findings that may
be appropriate In granting the variance for the lot area.
MAYOR/COUNCIL REPORT
A) Butler wished all a Happy Thanksgiving.
B) Callahan noted that Susan Wilson, of the Park Commission, has
been named the head of the Nature Conservancy.
C) Jabbour felt they could expect a substantial turnout at their
next meeting for the Maxwell Bay Issue. He noted that residents
feel the city should be doing something to prevent the project.
He noted that the expiration on the option to buy the land Is mid
to late December and the public information meeting Isn't
scheduled until January.
D) Mayor Peterson noted the Council received a letter from Or.
Sutter regarding the Stubbs Bay sewer project, and she requested
the letter be retained with the minutes In the file.
E) Mayor Peterson noted a notice that she received from the MWCC
requesting attendance at their December 4th meeting. She
Indicated these that wished to attend could contact Moorse.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25, 1991
(*#8) PAY REQUEST #1 LIFT STATION NO. 11 RENOVATION
It was movsd by Butler, seconded by Msyor Peterson, to approve
p^y Request No. 1 for Lift Station No. 11 renovation to
Northwest Mechanical Inc. for the amount of $30,590.00. Ayes 4,
nays 0.
(#9) COUNTY ROAD 15 SAFETY IMPROVEMENTS
Pat Murphy, Director of Hennepin County Public Works,
Pollchik, Design Engineer were present for this issue.
and Bruce
Murphy noted the County has looked at County Road 15 with regards
to safety concerns. He noted In the near future It will repulre
najor maintenance, which may be a good time for other concerns to
be addressed. He noted he has met with the City of Minnetonka
Beach, who Is very interested In a feasibility study for County
Road 15. He stated that In 1984 the Orono Council adopted a
resolution with requirements that called for variances to the
State standards to require less than what Is required for the
roadway. He noted that variance allows for a 2 lane roadway with
8* shoulders to be constructed. He suggested that they explore a
concept of what could be done before final details are designed.
He Indicated that they may be able to develop a project using
State aid funds. He suggested they start from scratch in
development of a preliminary design to cover most concerns, and
felt this portion may be ready by Spring of 1992. He noted the
project may not commence for 3-4 years.
Mayor Peterson agreed that the project Is necessary, and
reiterated the Council Is only approving a 2 lane roadway.
Murphy agreed and noted the most difficult areas will be where
the road Is close to the lake. He noted they will also try to
address some drainage concerns along the road.
Jabbour asked If the traffic counts on the
substantial Impact on the design of the road.
road will have
Murphy noted that traffic already dictates a 4 lane road.
Jabbour noted that placement of the Highway 12 corridor may
Impact the roadway considerably.
Callahan asked If the County has considered the Impact on their
budget the proposed corridor. He noted citizens may be
appreciative If the County were to use Its Influence to deter
additional need for 4 lane roads within the area.
Murphy noted the County has taken the approach that they should
stay out of the Highway 12 decision.
Jabbour asked about the difficulty In obtaining funding for the
project.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMIER 20i ifli
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COUNTY ROAD 15 SAFETY IMPROVEMENTS - CONT.
Murphy noted the ability to do road work Is limited to State aid
funding.
Callahan felt they should go ahead and do the study.
Murphy noted that the project may not be able to fully address
all concerns related to the road.
Butler commented that ^ajor maintenance Is long overdue for
County Road 15, and felt that they should commence with whatever
Improvements they could do to Improve public safety while still
maintaining a 2 lane road. She noted the original Intent of the
roadway was that It should be paved the way It Is driven.
Butler asked If the entire roadway would need to be dug up
entirely and felt that the roadway should allow for local access
at all times.
Murphy noted It may need to be entirely tor>' up, but access would
always be provided for local traffic and emergency vehicles.
It was moved by Callahan, saconded by Butler, to request Hennepin
County, in the Interest of public safety, to conduct a
feasibility study regarding the creation of passing and turning
lanes on County Road 15 within Orono, while maintaining the
highway as a 2 lane road. Ayes 4, nays 0.
(#10) OPTIONS FOR MARINA LICENSE REVIEW
Gaffron noted he Is looking for direction regarding 1992
licenses, and felt the Council has two options:
marina
1. To commence the review process with a Committee, following
staff review, nd to resolve any Issues.
2. To Issue the license as an administrative function and to
deal with the issues as they come up.
Jabbour lelt it would be appropriate to follow the second option.
Mayor Peterson disagreed.
Jabbour noted he sensed frustration about allowing the DNR
proposal, when at the same time Orono allows hundreds of boats
with the marina license. He felt there should be a commercial
site plan review for marinas which would deal with land use
Issues comprehensively. He noted that the City started Issuing
licenses based on number of docks, and now dockage Is controlled
by the LMCO. He felt the City should ensure that marinas are
functioning within the code requirements within residential
neighborhoods to allow the best protection of rights of the
residents.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25, 1991
OPTIONS FOR MARINA LICENSE REVIEW - CONT.
But1«r noted that Jabbour is suggesting that marina licenses be
limited to land use solely.
Mayor Peterson asked If this review would be done annually.
Jabbour felt It should be done once and those
conditions of approval should oe taken to court.
violating
Callahan noted he had no objection to the theory. Me felt they
should start by sending a letter to each marina operator who
failed to submit a 1991 application, and telling them they cannot
open for business the following year until licenses have been
brought up to date. He felt that if a marina Is in violation of
the code, the operation should cease for a pre-determlned time
period.
Jabbour reiterated that the reason they suggested a credit
was because licenses had not been Issued as required. He noted
that only 1 marina did not pay the 1991 fee, and they should be
required to do so.
Qmffron reviewed that 2—3 years ago, Council was approached by
operators to waive the slip fee as the lake was down and business
was not doing so well. He noted that one year the gas station
was allowed not to apply for a license and did not open that
year, but Council stated they would not lose their right to
reopen. He noted the 1991 application and fee has not been
racalvad from Windward Marino, Lakeside sent In the application
but asked that the previous year's fee be applied tc 1991
license, and Gayles sent the base fee but no slip fee. All other
marinas have paid the 1991 fee. He noted that making all marinas
to pay up to date may not be In keeping with past Council's
decisions.
Callahan noted that If that wore true, the slip fee was waived
for only one year. He felt they should pay up or cease business.
Butler noted that they should forget the past and deal with
the present. She felt that they should address land use Issues,
and parking should not be tied to number of slips. She noted the
City needs to look at Individual Issues. She felt this was a new
year with a new Council and they shouldn't go back for past due
fees.
Qaffron requested confirmation that the Council now does not want
to allow credits from past years, and everyone who wants to open
In 1992 must moke application for a license and pay past due
fees.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMIER 2S« iOtl
OPTIONS FOR MARINA LICENSE REVIEW - CONT.
Jabbour fait thay still had to issue 1991 licenses, and it would
ba unfair to make certain marinas pay for the license and allow
others not to. Ha fait staff should come up with a proposal for
dealing with 1992 licenses. He noted that the LMCO will now
require licenses for the next year to be Issued In December of
the previous year. Therefore the City would know in January who
was licensed for that year.
Callahan noted they may need to make amendments to the code, and
felt It was unfair not to deal with the 1991 license.
Mayor Peterson felt the money for 1991 should either ba refunded
or credited.
Gaffron suggested that all marinas be required to pay the 1991
fees outstanding and apply for a 1992 license and pay the
required fees. If the Council feels the code needs to be amended,
have the Lake Use Committee work on the necessary amendments.
Mayor Peterson suggested there be a deadline for the 1992 fees
and after that a penalty fee be assessed.
Gaffron noted the fee schedule provides for a $50 late fee.
Callahan noted that the way to make these marinas conform is to
close their business until they are within the requirements of
the code.
It was moved by Jabbour, seconded by Mayor Peterson, after
further consideration, the Council directs staff to notify
marinas who have not yet paid the 1991 license fee that they
should pay before th? end of 1991 before the Council will
consider the 1992 license. Ayes 4, nays 0.
Callahan noted that with the time the Lake Use committee has been
given to revise the shoreland regulations, there probably will
not bo time to also revise the marina regulations.
Jabbour noted he has difficulty requiring a 1992 license fee
based on slippage, which Orono doesn't govern.
Barrett explained that they can regulate the land use for
marinas, and the number of slips Is a measure of regulating land
use.
Jabbour noted that the City shouldn't charge based on the number
of slips. He asked Barrett the outcome of litigation In
Excelsior regarding a marina owner.
Barrett explained that the marina owner applied to extend his
docks, and the Judge appears to have held that the LHCO may have
wrongfully prevented him from doing so.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25* 19B1
OPTIONS FOR FARINA LICENSE REVIEW - CONT.
Jabbour asked if that decision rendered any rights to the LMCD to
regulate on-shore activities, such as drystacking.
Barrett was unfamiliar with any court case that gave the LMCD
those rights.
Callahan noted a' letter from the LMCD stating they would be glad
to regulate land use for marinas, and they intended to start with
lighting of docks.
<#11) SPATES AVENUE TRAFFIC CONCERNS
Moorse noted this is regarding concerns by homeowners that live
on Spates Avenue aoout excessive traffic on the residential
street.
Gerhardson noted that alternatives were looked at and the
proposal before the Council to barricade Spates Avenue with
banning was agreed upon.
Butler asked how effective- berming could bo accomplished, and
ashSd If a person could sti.l use Railroad Avenue.
Gerhardson noted that for now it would be done with Just a pile
of sand at the intersection of Spates Avenue and Brown Road. He
noted persons could still turn- onto Spates Avenue and then down
Railroad Avenue.
Mayor Peterson asked if this could be considered precedence
setting.
Gerhardson noted that in similar situations, definitely.
Oan Crear* Spates Avenue, submitted a petition from residents
requesting the closing.
Callahan felt that to close a public road, everyone in the City
would need to be notified. He did not believe the road should be
cut off. He believed that the Increase in the traffic count on
the road Indicates that the public wants to use the road.
Mayor Peterson agreed with Callahan to a certain degree. She
reiterated that It is a public road, and felt the public should
be notified.
Jabbour noted that he felt the public should be notified and
stated that he had gotten a call from a resident asking about the
^ssue end Jabbour told hi* he was unaware of anything going on
the road. He felt everyone should be notified.
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MINUTES OF THE NBOULAN ONONO COUNCIL NIITINS - NOVIMIIN gSi |§9I
SPATES AVENUE TRAFFIC CONCERNS - CONT.
T«rry Morsa, Spates Avenue, reiterated that the Council had
commented that they did not want to encourage a cut off road
through the Long Lake subdivision, and here was the same type of
situation. He noted there are 7 driveways on the road of 1 block
long. He noted there are Iv1 kids that live on that street and
there are about 800 cars a day using the road. He felt these
people using the road are only saving minutes by not using the
County Road.
Callahan noted County Road 51 Is very difficult to use at times.
Morse stated that the purpose o»* the road was to be
neighborhood road.
Crear noted that If the public Is tola of the closing, they
probably will be against the closing as they are using the
roadway.
Butler felt that the Crystal Bay residents may be opposed to the
closing, but the majority of Orono probably doesn't even know
where Spates Avenue is located.
Crear noted again the Council's position of not wanting to create
a short cut off Highway 12. but they will allow It elsewhere. He
noted the road was not Intended for this type of traffic load.
He noted the police using the road so much, that when there Is a
problem, they run them down Spates Avenue rather than County Road
51.
Butler had no problem with blocking off the road, but noted It
should be done temporarily at first. She asked If It wouldn't be
better to block the road at County Road 15.
Morse Indicated that had been suggested but the City decided for
maintenance purposes It would be better blocked at Brown Road.
Butler suggested that prior to the close, signs stating when the
road will be closed should be posted.
Callahan reiterated that he Is not In favor of closing the road
and noted that all roads in the area are overused. He stated
that Is a fact of life. He also noted that Wolf cannot get a
curb cut from the State off Highway 12. so that Is not an Issue.
He felt this would be precedent setting.
Butler felt If It Is a question of public safety. Just do It.
Jabbour stated that If the property Long Lake Is proposing for
subdivision were to remain In Orono. the street would be private
and that would eliminate the entire Issue.
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MINUTES OF THE REGULAR ORONO COUNCIL MEETING - NOVEMBER 25. 1991
SPATES AVENUE TRAFFIC CONCERNS - CONT.
Crtar agreed that other roads In the area are overloaded. He
noted a road that the City closed near Minnetonka Beach which Is
similar to this situation. He stated that after the sewer was
put In, the road was repaved at a wider and straighten width.
Jabbour felt there should be a public hearing. He asked 1f
Gerhardson had considered speed bumps and felt they are very
effective.
Gerhardson noted the public hearing could be scheduled for the
last meeting In January.
Butler suggested that It be held at the first meeting In January.
It was moved by Mayor Peterson, seconded by Jabbour. to schedule
a public hearing regarding the Spates Avenue traffic concerns, as
soon as possible. Ayes 3. nays 1. Butler voted nay.
(*#12) STUBBS BAY SEWER STUDY AREA -
ORDER PLANS AND SPECIFICATIONS ~ RESOLUTION #3047
It was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #3047. ordering plans and specifications and accept
bids for the Stubbs Bay Sewer Study Area to be prepared by the
City Engineer. Ayes 4, nays 0.
(*#13) PROPOSED 1992 FEE SCHEDULE -
ORDINANCE #99, SECOND SERIES
It was moved by Butler, seconded by Mayor Peterson.
Ordinance #99, Second Series, adopting the 1992 fee
Ayes 4. nays 0.
to adopt
schedule.
(*#14) VOLUNTEER COMMISSION APPOINTMENTS
It was moved by Butler, seconded by Mayor Peterson, to accept Lne
information regarding volunteer commission appointments. Ayes 4,
nays 0.
(*#15) LEASE-PURCHASE - RESOLUTION #3048
It was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #3046, approving the lease-purchase agreement for the
new City facilities. Ayes 4, nays 0.
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MINUTES OF THE REQULAM ONONO COUNCIL MBITINO - NOVIHIIR SB, IfSI
(*#16) LICENSES
It WAS iBOVAd by Butlsr* s®conded by Mayor Petarson, to approvo
th® following 11c®n$®s:
On~Sa1® Liquor -* Jimmlos Lounge
Off-Sal® Liquor - Navarr® Liquors, Inc.
Club Liquor - Woodhill Country Club
Off-Sal® Non-Intoxicating Malt Liquor - Navarre Lanes
On-Sal® non-intoxicating Malt Liquor - Don Scherven
Off-Sal® Non-Intoxicating Malt Liquor - O*Sullivans*
On-Sal® Non-Intoxicating Malt Liquor - Lakevlew Golf Course
Ayes 4, nays 0.
(*#17) BILLS
It was moved by Butler, seconded by Mayor Peterson,
payment of the All Funds Account. Ayes 4, nays 0.
to approve
ADJOURNMENT
It moved by Jabbour, seconded by Mayor Peterson,
the regular meeting of the Council at 9:30 p.m.
to adjourn
Barbara A. Peterson, Mayor
ATTEST:
Dorothy M. Hallln, City Clerk
MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20. 1991
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The Council met on the above date with the following me
present: Mayor Barbara Peterson, CounciImembers J.
Goetten, Gabriel Jabbour. Edward Callahan and Mary Butler,
following represented the City staff; City Administrator
Moorse, Public Works Director John Gerhardson, Finance Director
Tom Kuehn, Assistant Planning & Zoning Administrator Michael
Gaffron, City Engineer Glenn Cook, Septic Manager Stephen
Weckman, and City Recorder Teri Naab. Mayor Peterson called the
hearing to order at 7:00 P.M.
The Affidavit of Publication and Certificate of Mailing was
noted.
Mayor Peterson explained that this is an informational meeting on
the proposed Stubbs Bay Sewer Project with concurrent meetings to
be scheduled to determine areas of the project and assessments
and finances. She Introduced Michael Gaffron, Assistant Planning
A Zoning Administrator, to give a history and needs assessment of
the project.
Gaffron explained that the septic system issues were first
studied In 1975 when the City rezoned many of Its zones from 1/2
acre to 2 acre zones. The Council's Intent at the time was to
create an area that surrounds Lake Minnetonka with low density to
limit the amount of urban runoff. They felt that by keeping the
low density in rural areas of Orono, Lake Minnetonka would be
kept as clean as It possibly could. The Council felt that by
forcing properties around the lake to connect to municipal sewer,
It forced higher density development to pay for the sewer which
would result In more runoff and more pollutants to the lake. The
Council agreed that 2 acres would give property owners generally
enough acreage to allow a functioning septic system and still
allow for the residential structure and outbuildings needed. The
1980 Comprehensive Plan addressed five developed areas with
higher density that did not fit that mold: Stubbs Bay. North
Shore Drive, Crystal Bay area, Minnetonka Bluffs. West
Ferndale/WIndward Marine area. He noted that during the 1960s
four of those five areas went through a review process and It was
determined that municipal sewer was the most appropriate way to
solve existing septic system problems.
Gaffron noted that In 1975 the City started looking at the Stubbs
Bay area and found that It is a small, shallow bay sensitive to
nutrient Inputs. In 1975, the City went through a study on how
to serve the area with a collector system, which was never
realized and by today's standards probably would not be approved
by the ONR or the PCA. Another option was to supply a forcemain
to the •*Orono/Long Lake Interceptor" which was never built. In
1985 the City commenced an alternative waste management study for
the Stubbs Bay area which was completed In 1988. He noted that
the study ’ooked at each characteristic of the properties
Involved If. ;u study. The area was then expanded further which
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MINUTII OP THI STUBBS BAY SEWER HEARING - NOVEMBER 20. 1991
resulted in a feasibility study for the area.
Gaffron stated that in 1990 a proposal was sent to affected
properties owners that suggested the City would install a trunk
and lateral system that would divide the cost of the trunk system
up equally by the number of total units and would price out the
lateral system to serve each area individually. The Council at
the time noted to the residents that those who waive their right
to appeal would have the whole amount assessed over 15 years
rather than charging lateral costs as a connection charge. He
noted plan that did not gain much favor with affected residents.
Gaffron explained that in late 1990, a few citizens from the area
who were in favor of the sewer project, proposed to the Council
establishment of a committee to work towards the installation of
sewer In the area. That Committee reported that the residents
felt the cost was too much, but that it was also needed.
Gaffron went on to explain how both a trench and mound septic
syatem work. He explained that studies show that a 36
separation between the highest seasonal water table from the
bottom of the trench system is required for proper functioning.
He stated that a mound system will make allowances by forming an
artificial system of unsaturated area. Gaffron noted that the
Stubbs Bay area has high water tables. He noted that when
reviewing the soils map, much of Stubbs Bay would need a mound
system or the map Indicated no system would function in the soil
conditions. Gaffron indicated that Oxford Road does note better
soil conditions, unfortunately it has been found that the maps
are not always right and many of these properties would probably
still require mound systems.
Gaffron pointed out that nutrients in the effluent must be
properly treated. Phosphorus, goes into the ground and adsorbs
onto soil particles. When all the nearby soil particles have
adsorbed as much as they can, the phosphorus moves further away
from the system, which may cause phosphorus accumulations
reaching the lake eventually. Another concern is nitrates, which
start In an ammonia form, which are soluble, and move with the
ground water. He stated that they may be a problem with private
water supplies. Biological concerns and viruses are other
concerns but do not generally affect Orono's lakes or water
supplies partially because of the clay soil present in the area.
Gaffron noted that there are State and local code requirements
for septic systems: 75’ from the lake; 10' from property lines;
10* from buildings and driveways. Orono requires 20*; 50' from
wells, Orono requires 75'; and 3* above the seasonal watertable
In order to keep the biomat degrading so water continues to move
through It. However, he noted that codes have changed and
continue to do so, and therefore older systems would not meet
current standards.
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MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20»*f *
Gaffron noted that on Page 5 of the handout. It exp la.ns
categories of existing systems within the Stubbs Bay area. He
noted that currently 1/5 of the systems are conforming, however
with the proposed new DNR shoreland regulations, some of those
may no longer be conforming. Gaffron stated that about 50% of
the systems in the area are substandard, about 10% are near
failure, about 8% are currently falling. 2% of the properties are
on holding tanks; 4 cabins do not have plumbing; and 8% of the
systems are too close to the lake and are less than 3' above the
lake elevation.
Gaffron noted that some alternatives Include: alter water use,
repair or replace current systems. Innovative Joint rn—site
systems, collection systems with off-s1te treatment. Individual
holding tanks, selective condemnation or demolition, and sanitary
sewer. Sanitary sewer Is the best, permanent solution. He
explained that the DNR regulations will force adoption of the
State Septic Code, which will require when a resident proposes
Improvements or additions to his property, the septic system
would have to be In compliance with current code.
Gaffron reiterated Council's past position, that areas that
S0woped will not be rezoned from a 2 acre standard to
allow higher densities.
Gene Oeterling. 240 Cygnet Place, asked If water quality studies
had been done to determine where the real problem lies, such as
how many fish are dying.
Gaffron explained that In 1975 soil borings were done in the
Stubbs Bay Northeast area, which told them that there was
untreated sewage In the near-surface ground water. He stated
that there are a number of systems near the lake In sandy soils
that are undoubtedly contributing to effluent entering the lake.
He pointed out that the areas near the lake and the streams are
of biggest concern.
Oeterling suggested that the City has concerns but they are not
able to put an exact measurement on those concerns.
Gaffron noted that much greater effort and expense would be
Incurred In attempting to quantify the problem, and to date the
City's determination of the extent of actual pollution has relied
an Inferences based on relative compliance with code standards.
Jane Behrman, 340 Leaf Street, stated that she felt the expense
of additional testing would be worth It prior to spending home
owners' money for sewer.
Joe OeHeo, 400 Oxford Road, agreed with Behrman.
Jabbour pointed out that If the City Is forced by the State to
enforce such regulations, what can the City do about the Issue.
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MINUTES OF THE STUBBS BAY SEWEH HEAAXNfl " NOVIMBIN SO* Ifil
Gaffron noted that Is correct, and said that the State, when
requiring repairs to a system are not requiring the City to show
a pollution problem, but rather if the system does not meet their
code It must be fixed.
Deterling felt that the City could appeal ti.e DNR and PCA
requirements.
Pat Crane, 285 Leaf Street, noted that the proposed regulations
by the ONR basically apply to lakeshore.
Gaffron explained that they affect
Lak« Mtnnatonka, and Include properties 300 either side or
creeks designated by either the DNR or the City.
Crane noted that as of this time, neither the State nor the City
has designated the cre^k which runs through the Cygnet Place
neighborhood. Gaffron (oncurred.
Fred Blanch. Bayside Road, felt that there was a relatively small
number of properties which are creating a general preoccupation
with the sewer system.
Gaffron noted that there are two levels of problems, the
being those systems which are failing or about to fail, and the
second being properties too small to «l]ow for a future
conforming system should the existing system fail.
Blanch felt that they did not have enough information on the
need. He noted that it was a lot of money and felt it may be
5ctter to do one large project Instead of smaller, more costly
projects.
Dennis Shaw. 405 Oxford Road, stated that the site on Oxford Road
that has a falling system, the owner has agreed to rebuild the
system to a conforming system.
SiM-secondary systems.
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MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20. 1991
0^11 , 3180 Ridgewood Circle, felt there is a need in
some ai . • t felt thv«it properties with 2 acres or more should
be allowe. .o remain on septic systems. He stated that
property owners should be al lowed individual alternatives on how
they handle their septic concerns. He noted that the City has
required alternative septic systems, and properties that have
such, win stm be required to hook up to sanitary sewer. He
felt that the cost of the project should be assessed to the
entire City to eliminate possible health and environmental
concerns In the area.
Goetten noted the Council has not determined how the system
win be paid for and In the past, the philosophy of the City has
been that those who benefit will bear the burden.
Jabbour stated that he understands the public’s position as In
1972 he bought a home for $25,000 and was assessed $7,000 for
sanitary sewer, which was reduced to $5,000 through the courts.
He felt It Is Inappropriate to assess the whole amount. He
explained that the Comprehensive Plan, which Is adopted by the
Metropolitan Council, does provide for sewer in the Stubbs Bay
area. He reiterated that the entire City will probably not be
for many years as the MUSA line does not extend to the
entire City. Also, the City Is assessed only so many sewer
units, so for those who feel they can hook-up later, that may not
be so. Jabbour pointed out that the DNR regulations will be
adopted In early 1992 which will implement more restrictive
controls. He noted that homes cannot normally be sold without
certification of the septic system.
suggested that the Council give as much choice to
Individual property owners as possible.
Goetten noted that the City has spent years compiling information
on the project, and sewer is not a positive thing.
Loren Klltzke, 555 Oxford Road, noted that the Council is asking
the residents to foot a $2,000,000 bill without current water
quality information of the Lake. He explained he has contacted
State agencies for their studies, and he found out they have
omitted Stubbs Bay from their studies. He felt they were being
forced Into this situation by regulatory agencies.
Gaffron said they could come back with a proposal on water
quality studies If Council desires.
Jabbour stated that the water quality in the area doesn't matter
because If the regulations find a septic sysfsm In violation and
there Is no alternate on t site, what Is the rfc’«»vance to the
water quality )f the bay ont of the house.
Klltzke fjlt
situation.
It become i Issue of a specific home and Its
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MINUTES OF THE STUBBS BAY SEWER HEARINO " NOVEMBER 80i Iffl
Jabbour concurrad but reminded him that there are many
Mhich currently are percolating sewage to the surface and
homes have no alternate dra1nf1e''d site.
homes
these
Klltzke noted that they should be looking at the whole drainfleld
that goes into Lake Minnetonka, Including those beyond 1000'.
Callahan stated that State agencies are doing just that.
Mayor Peterson introduced Glenn Cook, the City Engineer,
asked him to explain the different areas and costs.
and
Cook explained the property being considered has been divided
Into seven areas, which would all hook up to the forcemain on
Tonkawa Road.
Cook Indicated that the trunk cost would be divided
among all properties in the project, and the lateral costs which
are used to serve a particular neighborhood would be paid for by
the homes served in that area. Cook noted that the lateral lines
would go down the middle of the street, which is why the cost may
seem higher, because the street would need to be replaced. He
estimated the trunk portion of the project to cost $8.30.090, and
the lateral portion to cost $1,114,885. Cook showed a table
which divided the cost amoung areas proposed.
A resident asked why the lateral costs could not be spread
equally amoung those involved.
Cook stated that could be done, but there are some areas where
there Is little or no street replacement, thus reducing the cost.
Klltzke noted that on Oxford Road, the line Is proposed to go
through the front/lake yards rather than through the street,
which would allow for five more houses to be Included.
Cook noted that would be a possibility. He Indicated
project Is approved, work could start In April of 1992 with
completion In August of 1992. Which moans the area would be
disrupted for the entire summer of 1992.
Mayor Peterson Introduced Dave Peterson, Chair of the Citizens
Committee, which was appointed by Council In April of 1991.
Peterson exolalned that he and members of the Committee
taken a random, door-to-door sampling of feelings of the project.
He noted that no one Is excited and some of the comments J®"^®*^
should hav# baan In yaars ago, cost too much. City should
help pay, don't need It but would help to defray the cost.
Peterson explained that he Is not within the proposed sewered
area, but recently his septic system failed and an alternate
system could not be located on his 2+ acre lot. He also
reiterated that under the new regulations, any home improvement
or sale of a home would require the septic system to be brought
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MINUTES OF THE STUBBS BAf SEWER HEARING - NOVEMBER 20, 1991
up to code compliance. He stated that a sewer project will only
get more expensive. He felt that the project is long past due.
Peterson Indicated that Committee members have tried to find
alternative financing, but currently to no avail. He suggested
that the sewer would probably add $125/150 onto the monthly house
payment, which may be near the cost of a holding tanks, which may
be the only other alternative for some residences.
Paterson Introduced the Committee; Todd Ziesmer, 3440 Bayside
Road; John Burger, 3750 Bayside Road; Candl Rowlette, 3775
Bayside Road; John Thiesse, 3845 Bayside Road.
A resident suggested that along with alternative financing, the
City consider paying for the street repair portion of the project
as the street has a life expectancy of 20 years.
A resident asked If Peterson lived in the area.
Paterson noted that h1s mother lives In the Stubbs Bay area and
that Is how he became Involved.
Deter ling noted that a petition has been submitted expressing
100% opposition to the project for properties on Cygnet Place and
Leaf Street. He also felt that Orono shouldn’t accept
legislation by State e*^nc1es. All can be contested, which he
suggested the Council r '^or the citizens.
Jabbour noted that State codes are mandated to a'l communities
within Minnesota, and he would be embarrased to confront State
agencies with opposition to septic codes when there are falling
systems In the City.
Levering felt the City has a covenant to not assess more than the
value of the home allows. He stated that If people feel the
assessment Is fair there will be no court cases.
Mayor Peterson reminded them that they are not here to discuss
financing of the project, but rather the merits of the project.
She noted that most Council members have directly been Involved
with a sewer project In their area so they are well aware of the
concerns.
Dave Peterson felt the problem Isn't so much the pollution
aspect, but rather how are you going to flush your toilets when
systems continue to fall.
Mayor Peterson conf1rm«d that the City staff has also been
looking for alternative financing for the project.
Mayor Peterson Indicated questions would now be taken by area,
starting with Stubbs Bay Northwest.
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MINUTES OF THE STUBBS BAY SIWIA HIANXNO - NOVIMBIA lOi 19SI
Fr«d Blanch, 3965 Bayside Road, asked If there was a possibility
of service extending westward, and felt If a large area were to
be done It would be more cost effective than sewering smaller
areas.
Saffron announced that the City has looked at densely developed
areas, and the City has sewered as necessary those developments.
The City has also decided not to sewer the 2 or 5 acre rural
zones. He stated that his personal opinion Is a 2 acre lot. In a
number of cases, may not be large enough to provide for both a
primary and secondary septic system.
Blanch asked If soon the Painters Creek area would need sewer.
Qaffron noted that those lots are 2 acres, which do not need
Immediate attention.
Blanch asked that the City consider doing a sower project
efficiently for a change.
Cook explained that the existing sewer system downstream has a
limited capacity of 200 units. The Stubbs Bay area may take
about 135 units. To go beyond those units, everything downstream
would need to be replaced.
Blanch asked that If sewer Is provided, they run It along
other side of the street near his property so as to save the
trees on his property.
the
oak
Candl Rowlette, 3775 Bayside Road, responding to a previous
comment about the fact that all the Committee members live on
Bayside Road, agreed that all members of the Committee
Bayside. and reminded the public that anyone could have and still
could volunteer for the committee. She noted the members Have
volunteered a lot of time. She explained that the ^®st of
litigation has been built Into the cost of the system, and If not
oaaded, may reduce the cost of the project.
Scott Anderson. Eastlake Street, asked why the project Is being
considered If the testing to prove It Is necessary has not been
done.
Mayor Peterson noted that further testing could be done. She
reiterated that the project has not been ordered yet.
Callahan stated It was his understanding that 25—35% of the
systems in existence are already falling or on the
falling* regardless whether th> are discharging directly Into
the lake or not.
Jabbour Indicated that the project has been broken down Into
different districts and people should try to Isolate their
and determine Just that areas' need. He noted that Lake Street
Is one O'/ the areas that regulres Immediate attention.
8
MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20, 1991
Andtrson agreed that Eastlake Street is probably the worst spot
on the lake. He offered that most homos In that area are only
400'-500 s.f. and could never house more than a couple of people.
He felt there may be a cheaper option.
John Pidgon noted he has a 2 acre, vacant property in the area.
He felt sewer is Inevitable, and it may as well go in now. He
stated he Is in favor of the project.
Rowlette noted that Mr. Ziosmer, a Committee member, is currently
in a new home with a holding tank. She noted that he has spent
more on the holding tank and pumpouts in the last three years
than the monthly assessment will cost him.
Thiesse suggested the Council find out who is in favor of the
sewer project if the price is fair.
Mayor Peterson called for a show of hands of those in this area
who ore in favor of the project, absent the cost issue; 7 for; 2
against.
Steve Gardiner, 3770 Bayside Road, asked why the pipe is proposed
to go through the middle of his property. Cook agreed it could
be moved.
John Burger, 3750 Bayside Road, noted that he has a 10 acre
parcel with a functioning system, but ho is for the project. He
felt It is time to realize the need in order to leave the world a
better place for future generations.
Jeff Mueller, 222 Bederwood Rd, suggested those people tnat voted
for the project may change their mind when the actual cost is
added Into the question.
Mayor Peterson called for questions from the Bayside North area.
Sherokee Isles, 3630 Eileen Street, asked about the statistics
for her area. Gaffron explained there were 4 properties, 1 with
a felling system, and 1 vacant lot. Isles felt that people who
need the sewer should be provided with it, but for persons who
meet certain criteria, they should have the option not to hook
up. She felt that perhaps the project should be spread out
further to defray the cost.
Gaffron
and ar
j^eed that you can pick out any 2 acre lot
at they do not need sewer.
in the area
Isles a»K«d why other developments are not included. She felt
that a choice should be offered for those parcels that are on the
fringe and meet criteria. She was also concerned about the large
amount of tree loss due to the project, and felt that the City
should do all they can to minimize this loss.
Stephen Whitman. 3620 Eileen Street, noted he has a near 2 acre
lot with a primary and alternate site for septic and wanted to
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MiNUfll OF THI STUBBS BAY SEWER HEARING - NOVEMBER 20. 1991
know why he was Included. He said he would be willin'
covenant restrictions against building on those sites.
Qaffron noted that they will be taking a closer look
properties that will be Included.
Mayor Peterson called for questions from the Stubbs Bay Northeast
area.
Vince Larson. 3500 Stubbs Bay Road, has a 2 acre site that has
been preliminarily tested for a mound system. He explained that
6 years ago he purchased a home on North Arm Drive because It had
sewer and sold that property easily because It had sewer
available. If the sewer Is put In. 20 years from now no one will
say It cost too much but only realize the benefit of sewer.
Charlie Balgaard. 3435 East lake Street, noted that he was In
sticker shock. He wanted to know why the cost was double the
national average cost for sewer projects. He felt that cost Is a
big part of this Issue.
Mr. Glenn, 3465 Eastlake Street, noted that he lives right on the
lake and would prefer sewer. He felt that It will go In one way
or another.
Todd Zlesmer. 3440 Bayside Road, stated that what Ms. Rowlette
said was true about his property and could not see how anyone
could get by paying less for a holding tank. He noted that he
has a 2,000 gallon tank and It needed to be pumped every 3 weeks.
He said he cannot afford to continue to wait for the City to
decide on this propsrty. Ho felt the City should look at the big
picture to make their decision. He stated that he cannot afford
to Install a septic system at this time, and In the near future
also pay a sewer assessment to hook up.
Charlie Balgaard asked again why the cost Is double the national
average.
Jabbour noted that this area has smaller lots, a high water table
and poor soil conditions. He assured Mr. Belgaard that the City
win not be making money on this project.
Cook explained that there Is a need for a relatively high length
of trunk line and many areas where laterals cannot be used. He
also Indicated topography, lake levels, and the need to restore
roads all drive the cost higher.
Dan Esters, 3400 Bayside Road, noted there would be lift station
In his front yard and asked about that.
Cook explained that there would be an electrical panel, with
casting of 9-10' In diameter. Typically there would be no odor
emitted.
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MINUTES OF TK . STUBBS BAY SEWER HEARING > NOVEMBER 20. 1991
Esters felt that a compromise could be made that 50% of the
project be paid by all at first and then as hook ups are made as
systems fall, the additional 50% be paid.
Butler felt It would be hard to convince the bank that the bill
would ever get paid.
Esters noted It would be easier for property owners if the cost
were segmented.
Gaffron reviewed the fees: trunk and lateral fees to be
assessed, SAC charge to be paid when hooked up, permit fee and
contractor cost for connection. He felt that deferring
connections would lead to the City requiring hookup as systems
fall and the property owner claiming they do not have the money
to hookup at that time.
Jabbour noted the City doesn't have the money to fund
project, and would sell bonds which need to be repaid from
assessment Income.
the
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Tom Kuehn, Finance Director, said a general obligation bond can
be assessed at a certain percentage, with the rest being levied.
Additional charges could be assessed later. The City In effect
could defer those costs.
Levering suggested a deadline of hookup within 10
project has been started to Insure compliance.
years after
Blanch felt It would make the project more palatable.
Jabbour asked what would happen If a person protests the
assessment at a later date as not receiving any benefit.
Callahan felt that maybe It could be worked out. He felt they
need to balance the financing to make It generally fair to all
affected owners. Perhaps It could be deferred If the need was
not current. He noted the City does have restrictions when they
levy a bond and It cannot be tailored to Individual needs. He
noted that right now 2 areas need sewer, and something needs to
be done.
Mayor Peterson Invited questions from the Oxford area.
Shaw asked again about the route of the lateral, and suggested by
going down the road It would save r.rees.
Gaffron noted that the way It stands. 2 lots abutting Oxford Rood
would not bo served.
Klltzke felt that the Council needs to consider adding to the
project those 5 extra units In the Oxford/Leaf Street area. Me
also commented on the recent subdivision to the east which has
created 2 dralnageways through the Oxford plat, which creates a
bigger problem for those residents. He felt that they should
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look closely at the criteria for being Involved In the project.
He wanted the lateral to be run down the street to avoid tree
loss.
Cook noted that could be done.
Klltzke noted that all Oxford residents oppose the project. He
^here was no need to fix a problem that doesn t exist. He
felt that those not meeting the restrictions of the ordinance
should be forced to do so.
Goetten noted that the City has hired a septic Inspector who will
be Involved with these Issues. She noted the City does follow up
on complaints by neighbors regarding septic problems.
Klltzke felt that was good and the citizens needed that kind of
support. He noted the long-term fix can be expensive.
Jabbour explained that Oxford Road and Cygnet Place came In at
the end of the study, and he would need further clarification
from staff that the areas need sewer before he would vote for it
In those areas.
Goetten noted that Oxford Road was Included because the lots are
on lakeshore. She too concurred with Jabbour regarding the need
for sewer In this area.
Arnie Robins, 3211 Bayside Road, agreed with the Oxford Road
residents. He noted that he has a 3-year old house and wanted to
know why Fox Bend plat and the church weren't Included.
Goetten explained the Council has considered criteria for
Incluslon/excluslon.
Ter1 Robins felt that Fox Bend should be assessed for possible
future hookup.
Butler noted they won't get the benefit of the project.
Robins noted that because they were putting In miles of pipe,
they may as well benefit and they should have to pay.
Jabbour noted he had a hard time requiring a new development that
has been required to provide for primary and alternate
testing to also be required to hook up to sewer. He noted that
If they are to hook up at a later date, they will have to pay for
It at that time.
Klltzke noted that about 40 homes will not Increase In value the
amount of the assessment, and this concern needs to be addressed.
H* felt that the Council needs to decide how to finance the
project and doesn't feel that how it was done In the past Is
necessarily the best way to go about It now.
T. Robins asked what outside funds have been looked at.
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MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20. 1991
Mayor Peterson suggested she call the City Administrator for
Information on this question. She called for questions from the
Beyside East area.
Susan Hillman, 400 Leaf Street, noted she lives by the new
development and stated they have already experienced additional
water problems because of that development. She noted they are
on a holding tank which they pump every 3 weeks. She would
prefer to have the sewer Installed as opposed to Installing a
mound system.
Jane Behrman, 340 Leaf Street, pointed out a petition which she
submitted noting 10 of out 12 residents opposing the sewer. She
felt the money Is the biggest issue.
Sue Nyhammer. 3280 Bayside Road, noted they Just bought their
home and cannot afford to do any improvements with Increased
assessments. She stated part of the reason they bought their
home was because of the trees and wished to keep those.
Don Boylan, 3240 Bayside Road, noted he Is generally in favor of
the project. He noted that because of a potential sale of his
property, the financial aspect is a big Issue for him. He stated
that when the Oxford development went in, during the digging of
the basements they were filled with water.
Behrman noted that If the project Is commenced, there needs to be
some leeway as to when properties need to be connected.
Mayor Peterson invited questions from the Cygnet Place area.
Bob Provo. 220 Cygnet Place, noted that the estimate for Cygnet
Place Is the highest of all and it Is obvious to him that Cygnet
Place was thrown In at the last minute to help defray costs for
everyone else. He noted that Cygnet Place was Just repaved last
year and It would be a waste to dig It up to put In the sewer.
Gene Deterling noted that even If the sewer were free he would be
opposed because It destroys the rural atmosphere of the area and
encourages further development. He stated that In New England
there are homes that are on septic systems for hundreds of years
with no problem.
Goetten reiterated that If sewer Is Installed, there would be no
rezoning of the area.
Mrs. Deter ling asked how a unit Is defined.
Cook explained that It Is a house on acreage.
Pat Cra.ia, 295 Leaf Street, asked If the gentleman with 10 acres
would bo assessed 5 units because It Is In 2 acre zoning.
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Gaffron Indicated that If the lot were approved to be split in
half now, he would be assessed for 2 units. He reviewed that Mr.
CrAna Is sugQestIng that anyone with the ability to subdivide
should get assessed for those possible future lots. He noted
that Mr. Burger Is the only owner with property that has the
ability to subdivide under current zoning.
Dean Moline,
Cygnet with
each.
248 Cygnet Place, stressed that there are 2 lots on
2 acres and therefore should be assessed 2 units
Gaffron noted that In both cases, one lot Is vacant and used by
the principal residence and therefore only assessed one unit.
Moline felt chat the project was bad timing as the
corridor has not yet been determined, which may run right through
his lot If the southern corridor Is picked.
Bahraan noted that they do not even have an opportunity to sell
their property because the highway Issue has buyers scared off.
Ooug Merz, 3195 Watertown Road, stated that he had a falling
system and Just recently put In a mound system at the cost of
$10,000. He noted he Is for for the sewer but not at that cost.
He asked about the status of the subdivision of the Panuska
property.
Gaffron stated that the subdivider, Mr. Carlson had a problem
with the Army Corp of Engineers, which is still being worked out.
The preliminary plat approval Is about to expire and Carlson will
either have to apply for an extension or refile a new plat.
Crane stated he was surprised to see his prcpsrty was Included as
the original study did not Include property north of the Luce
Line. He felt that because residents asked the dollar amount to
be reduced, the City Included this area. He stated that
according to the handout, laterals to his property will not even
be installed Immediately, but those properties will be assessed
Immediately for the project.
Gaffron noted that only areas with laterals installed Immediately
would be assessed for those laterals.
Crane reviewed that his property does not need the sewer, but was
included to reduce the trunk portion of the «ost for ojjher. He
felt there was no way his property would benefit $19,000 for the
Installation of sewer. He felt that the total cost of the
project should be divided equally which would put the cost at
about $14,500 for everyone. He thought it Interesting that areas
that need the sewer the most have the lowest cost for the
project.
Rowlette f i Jalned that Is not why the cost cf others went down.
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MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20, 1991
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Crane replied that she can say that because she will be served
Immediately with sewer.
Cook explained that the Inclusion of Cygnet did reduce the amount
somewhat, but not equivalent to 29 times. He noted that by
taking out Cygnet Place, the trunk cost probably would be reduced
by $80,000.
Jabbour observed that Crane Is assuming that the City Is doing
everything wrong and that the City will not assume any additional
cost.
Crane felt that the line should be installed Immediately for
hookup, and later assessed for incremental cost.
Goetten explained that when looking at the area, they looked at
areas that were close to the lake that were having problems. She
noted there are some falling systems on Cygnet Place.
Crane noted that Cygnet Place was Included In the project without
the benefit of the general study. He noted that the City did not
review each property Individually. He felt the cost Implication
of adding in this area Is so detrimental to them that there Is no
way to Justify It, especially when there Is no Intent to supply
the lateral.
Cook noted the report recommends certain areas for Immediate
hookup. The report does not make a decision on who Is Included
or excluded from the project. He noted that If the full amount
Is assessed, the property would be able to hook up.
Crane noted that If only assessed for the trunk charge, he would
be unable to hook up, and felt his property was only Included In
the project to reduce the trunk cost for everyone else.
Don Gronberg, UO Leaf Street, noted his property Is vacant land
on which they had plans to build a retirement home. His property
:f .'t of an acre and asked If he would need variance approval to
bul iw
Goetten noted that If the lot was determined to be unbulldable,
there would be no assessment.
Gaffron reviewed that It is a substandard lot which would require
vsirlance approval to build. It should bo determined by both the
City and owner prior to assessment whether the lot would be
approved as bulldable.
Frank St. Lawrence, 253 Cygnet Place, asked If the cost could be
reduced If all agreed to the assessment by reducing the
litigation factor.
Mayor Peterson agreed that It would bo reduced If all agreed to
the project and assessment.
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MINUTES OF THE STUBIS BAY BIWIN MIAB2NQ “ NOVIMBIN 20i 1B9I
Jim Brownl66t 250 Cygnet Place, asked how many systems are
falling on Cygnet Place. He noted that he recently constructed a
mound system because of a falling system, and at that time was
under the opinion that his was the only falling system.
Qaffron explained that on Cygnet Place about 40-50% of the
sys^^ns have been replaced In the past 14 years, many with mound
systems. He noted that In some cases this leaves no alternative
site. Me noted the soils In that area are also wet, and
suggested It Is prudent for the City to prr./lde a trunk line for
the future use of the neighborhood.
Provo noted his house Is for sale, and wanted to know to do so,
should an alternate site be provided. He felt that he should not
have to pay for future needs with his retirement egulty.
Mayor Peterson noted there Is a deferral option for senior
citizens, which Is available until the house Is sold.
Provo noted that he had counted on this ^ney for retirement.
Behrman asked If the City has a record of those properties with
falling systems.
Qaffron noted the report has been updated to Include properties
on Leaf Street and Cygnet Place. He noted that on paper Cygnet
Place Is not In as much trouble as other areas. However, the
pQ05 not add'*ess all Issues which affect the septic
system, so other facti s could be Involved.
0, Peterson noted that even though Oxford and Cygnet were
originally not Included, the City needs to look at what point
those systems will fall and they will need sewer provided.
Crane noted that he would rather participate In the project but
objected to the cost. He felt It Is Important for the Council to
look at Individual property Issues, and offer an opportunity to
elect out of the project If criteria Is met. He felt that the
Council needs to come up with some method to have all properties
Included for the benefit of the lake and Orono citizens.
Mayor Peterson closed the public hearing at 10:30 p.m.
It was moved by Mayor Peterson, seconded by Butler, to order
plans and specifications and bids to be drafted by the City
Engineer for the Stubbs Bay Sewer Project. Ayes 5, nays 0.
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MINUTES OF THE STUBBS BAY SEWER HEARING - NOVEMBER 20, 1991
ADJOURNMENT
It WAS moved by Goetten, seconded by Jabbour,
regular meeting of the Council at 10:32 p.m.
to adjourn the
Barbara A. Pets’'^Mayor
ATTEST:
Dorothy M. Hallln, City Clerk
Vot <
Froai
Oates
Subjects
Chairman Kelley and Orono Planning Commission
Mayor Peterson and City
Ron Moorse, City Administrator ^
Jeanne A. Mabusth, Building & Zoning Administif|^r ^
December 5, 1991 ^
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#1691 6 #1702 City of Long Lake, 130 Orono Orch
Road North - Conditional Use Permit, Preliminary
Subdivision and Comprehensive Plan Amendement -
Resolution
The enclosed resolution nas been drafted per the conceptual
direction of the Council and the approval recommendation of the
Planning Commission.
Jeffrey Roos, applicant’s engineer, has sought further
direction concerning the issue of the future road outlet
extension. Outlet B. He advises that the Long Lake Council
remesibers the earlier discussions concerning the limite.it ns upon
the use of the plat road noting that it was only to oe used if
the development to the north consisted of single dwellings
limited to 8 units and they too discouraged any through traffic
to Highway 12 and concurred that access be solely from Fleming
Trail. In light of the discussions of the Council, staff has
drafted the resolution recognizing outlet B Fleming Trail
Addlition to be used solely for access purposes to the MWCC lift
station and if Council approves, as a pedestrian trail to the
north. Council may consider an addition to the ^strictive
covenants that would require the City of Orono's approval only if
Outlot B is to be expanded to a full road serving a single family
subdivision where no through access is proposed to Highway 12.
Staff is not certain as to the limit of the residential units.
The City of Long Lake recalls 8 units. The Crono staff has
received no direction from the Orono Council. Council is asked
to comment on the following:
1.Is it acceptable to have Outlot B provide pedestrian
access to the north as currently platted?
2.Will you allow a covenant to be added that would
consider a future replat of Outlot B to expand to a
public roadway serving properties to the north side as
long as singla family development is proposed at an
agreed upon density, such development to be served
solely by Fleming Trail?
Mr. Roos has also advised that the Council has accepted the
condition of the relocation of the force main as it intersects
proposed Lots 1 and 2, ^.iock 2. Pinal grading and drainage plans
will reflect the relocat;ion of the force main.
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Zoning Fllos #1691 and #1702
Decenbor 5* 1991
Page 2
Tom Barrett is preparing a draft of the covenants. A copy
of the draft covenant will be sent to the Planning Conunission for
comments to be reviewed at your December 9th meeting. Upon final
review and comment of covenants by the City of Orono, the final
draft will be sent to the City of Long Lake for their amendment
and additions.
Staff will prepare a resolution for your January 13th
meeting directing staff to submit the proposed ccnnprehensive plan
asMndnent to the Metropolitan Council. As originally advised, it
was the Cxty*s plan to include the sewering of the Long Lake
property with Comprehensive Plan Amendment No. 3. The final plat
resolution and conditional use permit for PRD will be prepared as
soon as all required submittals are received from the City of
Long Lake.
The City Engineer will comment on the preliminary grading
and drainage planr submitted to staff for comment on December 5,
1991. Cook will 9 available for any questions Council members
may have when the grading plans are reviewed by Mr. Roos at your
December 9th meeting.
Please review the enclosed resolution prepared for your
Rent and formal action.
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A RB8OL0TI0H 6RA1ITIM6
PRBLUUIIABT APPROVAL OP A
CLASS III SUBDIVISION,
PBR NORICIPAL BONING CODB SBCTION 10.28, SUBDIVISION 3 (A)
CONCBPTUALLY APPROVES A CONDITIONAL USB PBRNIT FOR A PRD
OP 13 RBSIDBHTIAL UNITS AND
AN ANBNDNBNT OP THB GOIMONITT NANA6SIBIIT PLAN
PILES 1691 » 1702
WBBRBAS, the City of Long Lake (hereinafter "the applicant")
filed a formal subdivision application, conditional use permit for a
Planned Residential Development and a Comprehensive Plan Amendment with the
City of Orono (hereinafter "City") on September 23, 1991 for the purpose of
platting 13 residential units, open space outlot and public road. The
property Is legally described as follows:
See Exhibit A, attached to this resolution, (hereinafter "the
property”) and;
NBBRBA8, after due published and mailed notice in accordance with
Minnesota Statues 462.358 and the City of Orono Zoning and Subdivision
Codes, the Orono Planning Commission held public hearings on October 21,
1991 and November 18, 1991 at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon;
and
WHEREAS, at their regular meeting held on November 25, 1991 the
Orono City Council (hereinafter "Council") considered this subdivision
application, conditional use permit and comprehensive plan amendment and
directed staff to prepare a resolution of preliminary approval; and
WHEREAS, at their regular meeting held on December 9, 1991, the
Council again considered this comprehensive land use application noting the
following findings of fact:
1.The property Is currently zoned RR<-1B, single family rural
residential. The district is Intended to allow a combination of
low density residential development and limited agricultural
activity.
2.This property consists of 24"l/2 acres, 9.7 acres of wet areas
that Include the Long Lake Creek and a former sewage treatment
pond that has now reverted back to the original wetland.
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3.
4.
5.
6.
7.
8.
9.
The existing dry buildable area equals 14.8 acres.
The dry buildable land consists of both flat and steeply sloped
topographies. Long Lake Creek in^-ersects the property along the
west side. The former sewage treatment pond, now wetland, is
located in the middle, surrounded on the north by the MWCC
property, on the west by the Long Lake Creek, and the south and
east by the only dry land corridors.
In the early 1960's the City of Long Lake acquired the property
for the purpose of installing a sewage treatment pond. During
the time of Long Lake's attempt to acquire the property, there
was much opposition voiced by surrounding property owners both
within Long Lake and Orono. The City of Long Lake commenced a
condemnation action but matters were resolved between the two
cities out of court and the City of Long Lake completed the
installation of the treatment pond. This treatment pond also
received waste or sewage from sewered properties within the City
of Orono.
In the early 1980's the use of the sewage treatment pond was
discontinued as all sewer linas were to be now taken over by the
Metropolitan Waste Control Commission and the system now part of
the Metropolitan Service network.
Sometime in 1982 a 1/2 acre parcel was divided from the original
25 acre parcel and deeded to the MWCC for the purpose of
maintaining the lift station. A 16" force main runs from the 1/2
acre parcel with the lift station at the north end of the
property to the south to Orono Orchard Road. The force main is
located within the area of the current driveway that serves the
property•
Since the acquisition of the property, the City of Long Lake's
Public Works Department has also used the site for outside
permanent or temporary storage purposes.
At some point in the mid 1980's the Councils of both cities
commenced informal discussions concerning a future residential
development of the property and various schemes of development
were discussed.
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10.
11.
12.
14.
On February 26, 1990, Long Lake filed with the Minnesota
Municipal Board a petition for the concurrent det'chment and
annexation of the property to the City of Long Lake pursuant to
Minnesota Statutes 441.06, Subdivision 5. Then on March 28,
1990, Orono filed its response in opposition to the petition of
Long Lake.
The petition for annexation is presently pending before the
Muncipal Board.
In July of 1991, both cities entered into a settlement agreement
whereby it was hoped that both parties would resolve the
annexation position of Long Lake without further litigation and
the parties agreed as follows:
Long Lake shall forewith file an application for
resoning and subdivision approval of the subject
property with Orono for the development of 13 lots as
described....As part of the application for rezoning of
the subject property. Long Lake agrees to extend sewer
and water to the subject property which shall be
chargeable against Long Lake's allocation for sewer and
water units....upon receiving all appropriate filings
from Long Lake for subdivision, rezoning and
comprehensive plan amendment, Orono shall commence its
required procedures to file an application with the
Metropolitan Council to amend the MUSA line and shall
work with the Metropolitan Council to expeditiously
process that application. Orono agrees to process all
aspects of the rezoning and subdivision application
simultaneously with the processing of the application
for amendment of the MUSA line with the Metropolitan
Council.
13. The comprehensive land use application does not include a
resoning application but rather a conditions ' use permit for a
leslfPlanned Residential Development pursuant to Section 10.32 of the
Orono Zoning Code.
Per Section 10.32, Subdivision
Allowed per total acreage «
acres)
Proposed “ 13 units
Variance - 1 unit
12 units (total acreage *= 24.5
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15.
16.
17.
18.
19.
Per Section 10.55, Subdivision 15 (A) (3), the applicant seeks
credit of wetlands and lagoon areas based on the sewering of the
property.
Proposed 13 unit PRD requires a minimum of 13 acres dry
buildable land based on RR-IB zoning
Existing dry buildable ■ 14.8 acres
Wetlands area “ 9.7 acres
Section 10.28, Subdivision 5 (B). RR-IB Zoning Standards:
Total area required for 13 unit PRD ■ 1.132,560 s.f. or 26
acres
Total area « 1,067, 220 s.f. or 24.5 acres
Total area variance • 65,340 s.f. or 1.5 acres
The following findings have been cited in regard to the area
.^riance sought by applicant:V J
The proposed 13 unit density for the Planned Residential
Development was agreed upon in a settlement agreement
between the cities of Long Lake and Orono.
Based on the PRD format of development, applicant could
obtain 1-1/2 acres of adjacent wetlands credit to achieve
total acreage requirement. The wetlands to the west within
the City of Long Lake cannot be developed based on current
restrictions of other regulatory agencies.
The proposed comprehensive plan amendment that involves the
extension of sewer and water to a rural zoned property is
consistent with previous comprehensive plan amendments of the
City whereby the extension of municipal services has not involved
an increase in densities but rather retains the current rural
residential standards for development.
Section 10.55, Subdivision 8 prohibits any encroachment of a
defined wetlands nor within a 26' setback from that wetland. The
application Involves the westward expansion of a public roadway
into a designated protected wetlands.
Page 4 of 8
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20.
21.
22.
23.
24.
25.
26.
The following findings or hardships can bj cited in regard to the
encroachment of the road into the designated wetland:
a. Steep topographies along east side of plat road would result
in major land alterations if road was to be constructed to
the east rather that the west.
Location of mature evergreen trees along east side of
existing/proposed road.
Based on the topography and location of lagoon, the only
other alternative for access to this property would be via a
private road in the City of Orono.
b.
c.
Applicant has been required to submit a storm water management
plan. Such plan shal L conform to the Minnehaha creek Watershed
Di8trlct*8 8tandards. Applicant will be required to install a
detention pond within Lots 11 and 12, Block 2 located to the
north of the property.
All lots shall be served by the new public road, Fleming Trail
and Fleming Circle. Lot 1, Block 1 shall achieve access via
Orono Orchard Road.
The applicant has proposed a PRD plan for development of the
property based on the unique topographical contours and physical
characteristics of the property, specifically the configuration
of the contiguous dry bulldable.
The entrance to the subdivision has been installed so as not to
Inqpact the existing residential homes on the south side of Orono
Orchard Road.
Special setbacks and landscaping have been proposed adjacent to
existing residential development within the City of Orono that
will lessen the impact of this Planned Residential Development
upon the adjacent properties that have been developed via a
conventional plat at 2 acre + rural densities.
The cities of Long Lake and Orono shall develop restrictive
covenants to be filed against the Chain of Title of these
properties so that the criteria or standards developed for the
future development of this property shall ensure the protection
of the surrounding rural properti<’s in Orono and the future
owners of the properties within the Fleming Trail Addition.
Page 5 of 8
MOW# THBRBPORB BB IT RBSOLVBD# that based upon either one or more
of the findings noted above# the City Council of the City of Orono hereby
approves the preliminary plat of Fleming Trail Addition as presented by
the City of Long Lake per plat drawings by Jeffrey Roos of McCombs Frank
Roos Associates dated September 19# 1991# revised December 4# 1991#
conceptually approves a comprehensive plan amendment that would realign the
Metropolitan Urban Service Area boundaries by extending water and sewer to
the rural area# conceptually grants a conditional use permit for a Planned
Residential Development of 13 single family detached dwellings# and further
grants a variance to Section 10.55# Subdivision 8 that would permit
encroachment of an expanded public road into the protected wetlands within
Outlet A and a variance to Section 10.28# Subdivision 5 (B) and Section
10.32# Subdivision 2 granting an area variance to the total acreage
required for the 13 unit PRD of 1.5 acres where only 12 units would be
allowed at 24.5 acres# subject to the following conditions:
1.
vA
r\
2.
^ •
3.
4.
5.
Outlot A shall be set aside as area credit for the 13 unit
Planned Residential Development known as Fleming Trail Addition.
Applicant shall create open space# flowage and conservation
easements over said outlot that contains Long Lake Creek and
former lagoon site. Samples of such easements have been enclosed
for applicants use. (These have been sent directly to the
attorney for Long Lake's review.)
Outlot B shall serve as access to MWCC lift station and
pedestrian access to the north via existing railroad trestle.
The City of Orono may consider the expansion of Outlot B to a
future road to serve northern properties if proposed development
consists of single family dwellings at a ____ unit density with
no through access to Highway 12# such development to be served
solely by Fleming Trail. City of Long Lake to retain appropriate
easements/control over Outlot B.
Cities of Orono and Long Lake to complete the drafting of
restrictive covenants that would develop the controls and
criteria for the future development of this property. Such
covenants to be in an acceptable form foi fi.'.ing with final
subdivision resolution and final plat mylars.
Designation and dedication of 33' of right-of>way for Orono Oaks
Drive.
Fleming Trail and Floning Circle to be designated and dedicated
as public roads on the plat.
Page 6 of 8
6.
7.
8.
9.
■I
10.
11.
'V
Dedication of drainage and utility easements 10' wide along all
perimeter property linesr 5' each side of interna!, lot lines and
10* along the front street lot lines of each lot.
Appropriate easements to be taken over all utility and
drainageways not included within public road rights'-of>way or
drainage and utilty easements as noted in Item 6 above.
All wetlands and detention/retention areas within each
residential lot to be designated as drainage easements on the
final plat. This shall Include Outlet A that consists of Long
Lake Creek and the former lagoon.
Pinal annexation of this property shall not alter the municipal
boundaries as they are altered adjacent to Orono C^ks Drive.
Applicant's consultant to develop a final development plan that
will include all necessary information for the development of
each residential lot. The development plan shall be referenced
in the private coven<«nts and Included as an exhibit with these
covenants. The development plan shall be kept as part of the
official records of the City of Long Lake to assist future
developer and property owners.
Final Plat Submittals. The final plat submittals must be
submitted to the Zoning Ac'ministrator two weeks prior to the
regularly scheduler ’ouncil meeting on the second and fourth
Mondays of the month. These submittals are as follows:
A.RECORD PLAT drawings in the form of three (3) mylar copies
(one copy for each of the cities and one for filing with
Hennepin County) and one (1) copy reduced to 1 ”>b200*.
Drawing to include:
(a) All items as specified in the conditions ncted above.
E.Executed open space/flowage conservation easement over
Outlet A.
C.Access and utility easments to be taken ov>er Out lot B to
ensure control of City of Long Lake. (City of Orono '-ill
provide sample easements if desired.)
Page 7 of 8
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D. Final plat fees.
Total Due:$300.00 (final plat fee $150.00,
filing fee for plat and associated documents
$150.00)
Applicant is further advised that if this property is to be developed
by persons other than the City of Long Lake that to ensure all
required improvements are installed to the City of Long Lake
standards, that applicant require said person or persons to execute a
Developer's Agreement and post acceptable security.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held this 9th day of December, 1991.
ATTEST t
Barbara A. Peterson, Mayor
f)orothy M. Baliin, City clerk
STATE OF MINEESOTA )
) ss.
lETY OF HENNEPIN )
The foregoinij instrument was acknowledged before me on this 9th
day of Deceslber, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor (
City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Notary Public
Page 8 of 6
t DECLARATION OF COVENANTS L
THIS DECLARATION OF COVENANTS is made thi day
1991« by and between THE CITY OF ORONO/ a
municipal corporation (“Orono*)# and the CITY OF LONG lake, a
municipal corporation (**Long Lake”).
RECITALS
Long Lake ie the fee owner of certain real property that
legally described on Exhibit A attached hereto (the
•Property")# The Property is currently within the city limits
of Orono. It is the intent of Long Lake and Orono to bind the
Property to certein zoning reatrictlons and Londitiont, to allow
the intended development of the Property by Long Lake and in
settlement of a dispute between Long Lake and Orono as to
annexation of the Property.
MOW# THEREFORE# in consideration of th3 foregoing and
other good and valuable consideration# the receipt of which is
hereby acKnowledgod# Long Lake and Orono agree as follows:
1.covenants are the mutual agreement of the
parties and may be enforced by the City of Orono by
Injunction# without reference to monetary damages.
2.Mo permanent# temporary# or informal vehicular or
pedestrian access shall be permitted to Orono Oaks
Drive from the Fleming Trail Addition
3.instruction on each lot shall be
limited to 15% of lot coverage. Lot coverage
includes ♦■he footprint area of all structures within
building The following shall be included in
calculation of lot coveage by structures:
a.All roof structures that extend more than 6
above grade level;
b.Tennis courts# patios# decks# and all similar
open structures when partially or 'ully
enclosed by fences# railings, or walls that
extend more than 6’ above grade level;
c.Pools# including pool basin and associated deck
or patio areas# regardless of whether such pool
basin# deck# or patio is enclosed with a fence.
4.Plantings shall be provided within the 90 rear
setback area of * *ts 1, 2# and 3# Block
.1^-
S'
5.
6.
7.
B.
providing a natural .igual buffer between the
Fleroing Trail Addition and Orono Oaks development.
lh« following setbacks are approved for each of the
residential lots:
a.Lot 1« Block ^ - 30* street setback, remaining
setbacks from creek and wetlands area ■ 26‘:
b. Lots 1, 2t 3, 7, 0, 9, 10, and 11, Block 2 -
35* street, 50* rear, 10* aide setback;
C a Lots 4, 5, 6, and 12, Block 2 - 35* street, 33’
rear, 10' aide setback.
These covenants include the approved development
plan that Is attached as an exhibit to the covenants
and kept in the official files of the City of Long
Lake for reference of future property owners. This
plan shall be enforceable in its entirety by the
City of Orono. Changes in the development plan will
be allowed only upon majority vote of the City
Council of Orono. Such development plan to include
the special, agreed-upon setbacks of each lot, the
approved drainage and grading plan,'Ciretention areas
for surface run-off, elevations of first habitable
floor, wetland areas defined as drainage easements,
and specific numerical designation of DNR-protpJcted
wetland.
(The DNR has specifically asked that the following
be placed within covenants for the development of
the property.)
"Future developer or home owners to obtain
permits from the Department of Natural
Resources and the Army Corps of Engineers if
future improvements Involve further
encroachment into protected wetlands located
within Outlet A. Such impr-'vementa would
include the future expansion of the pla*l road
Into the protected wetlands."
If entrance monuments are to be Installed at a
future date, special care shall be given to ensure
that there are no sighting problems created at
public road intersection because of the location of
the Intersection to existing curve within Orono
Orchard Road. ^ ^
9. The following shall not be permitted:
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STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
this
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Thd £or#goin9 instrument was acknowledged before me
_ day of_ _ _ _ _ _ . 1991, by - - -- - - - - - - - - -
the - - -and
corporation# on behalf of the corporation.
of the City of Long Lake, a municipal
Notary Public
T>iI8 INSTRUIJTNT WAS DRAFTED BY:
POPHAM, HAIK, SCHNOBRICH S KAUFMAN, LTD.
3300 Piper Jaffray Tower
333 South Ninth Street
Minneapolis, MN 55402
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December 6,1991
City of OrofU)
Box 66
Crystal Bay, MN 55323
Attention: Ms. Jeanne Mabusth
Re: 139-1691 Plemffling Trail Addition
(Long Lake Treatment Plant)
Dear Jeanne:
Wc have reviewed the. relimina^ grading plan submitted for the Flemming Trail Addition.
The plan has been revised as discussed at our meeting on Tuesday, December 3 with Jeff
Root. The hill on Lots 9 and 1C will be cut down approximately 20 feet and the hill on luits
4 and 5 will be cut down approximately 16 feet.
The plan does not include a revision of the Flemming Trail and Flemming Circte
intersection. The intersection was to be reviewed and a continuous street alignment
alternate provided. If the O7 of Orono is concerned about outiot B Ivecoming a through
street there may be some options for minimizing this possibility. Outiot ”B" could be
narrowed to 25 feet to provide for a MWCC access only or Outiot "B" could be a part of
lot 12 and an easement provided to MWCC.
Please contact this office if you have any questions.
Yours VC7 truly,
BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC.
Glenn R. Cook
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December 6, 1991
Planning Commission
City of Orono
Crystal Bay, Minnesota 55323
Dear Planning Commission Members:
You are asked to review and comment on the first draft of the
Declaration of Covenants for the Fleming Trail Addition. Council will
be reviewing the first draft cf the covenants at their December 9th
meeting. You are asked to either contact a member of the Council or
myself prior to the meeting if you have any additions or amendments.
Sincerely,
JEAMME A. MABUSTH
Building « Zoning Administrator
JAM/ch
Enc.
cc: Mayor
Council Members
TFI fpHONF. - 473-7357 • EiX • 4734S10
OJS'DECLARATION OF COVENANTS %
THIS DECLARATION OF COVENANTS is made this day
1.
2.
^ 1991< by and between THE CITY OF ORONO« a
municipal corporation COrono-). and THE CITY OF LONG lake, a
municipal corporation ("Long Lake").
RECITALS
Long Lake is the fee owner of certain real property that
ia leoally described on Exhibit A attached hereto (the
•Property*). The Property is currently within the
t*. 1* the intent of Long Lake and Orono to bind the
JwHS^to ceiJ.ill aoninS restric?ions and conditions, to allow
the^intended development of the Property by Long Lake and in
settlement of a dispute between Long Lake and Orono as
annexation of the Property.
HOW, THEREFORE, in consideration of the ,
other good and valuable consideration, the ^
hereby^acknowledged, Long Lake and Orono agree as follows.
These covenants are the mutual agreement
parties and may be enforced by the City of Orono by
injunction, without reference to monetary damages.
Ho permanent, temporary, or informal
pedestrian access shall be permitted to Orono Oaks
Drive from the Fleming Trail Addition.
Construction on each lot shall be
limited to 15% of lot coverage. Lot coverage
includes the footprint area
building iS: The following shall be included in
calculation of lot coverage by structures:
All roof structures that extend more than 6*
above grade level;
Tennis courts, patios, decks, and all similar
open structures when partially or fuJlY
enclosed by fences, railings, or walls that
extend more than 6’ above grade level;
Pools, including pool basin snd associated deck
or patio areas, regardless of whether such pool
basin, deck, or pstlc is enclosed with a fence.
Plantings shall be provided within the 90’
setback ares of Lots and 3, Bloc .
3.
a.
b.
c.
4.
5.
6.
7.
6.
providing a natural visual buffer between the
Fleming Trail Addition and Orono Oaks development.
The lollowing setbacks are approved for each of the
residential lota:
a. Lot 1. Block 1 - 30* street setback, remaining
setbacks from creek and wetlands area - 26’;
b. Lots 1. 2s 3, 7, 8, 9, 10, and 11, Block 2 -
35' street, 50’ rear, lO’ aide setback;
Lots 4, S, 6, and 12, Block 2
rear, 10* aide setback.
35’ street, 33’
9.
These covenants Include the approved development
plan that is attached aa an exhibit to the covenants
and kept in the official files of the City of Long
Lake for reference of future property owners. This
plan shall be enforceable in its entirety by the
City of Orono. Changes in the development plan will
be allowed only upon majority vote of the City
Council of Orono. Such development plan to include
the special, agreed-upon setbacks of each lot, the
approved drainage and grading plan,Vretention areas
for surface run-off, elevations of first habitable
floor, wetland areas defined as drainage easements,
and specific numerical designation of DNR-protected
wetland.
(The DNR has specifically asked that the following
be placed within covenants for the development of
the property.)
"Future developer or home owners to obtain
permits from the Department of Natural
Resouccaa and the Army Corps of Engineers If
future Improvements Involve further
encroachment into protected wetlands located
within Outlet A. Such Improvements wou^
include the future expansion of the pla* road
into the protected wetlands.*
If entrance monumenta are to be inatalled at a
future d/‘ta, special care shall be given to ensure
that theva are no sighting problems created at
public road intersection because of the location of
th« lnt«rs«etlon to .^tin, curv*
Orchard Road.
The following shall not be permitted:
-I-
a. Guest houses;
b. Home occupations;
c. Duplex o-<Xxa^
10.The keeoing of domestic animals foe commercial or
SoJcoJi^isic?.! purpcsas
11.Outlot A shall not be developed at any time.
12. HO through road under the railroad viaduct shall
•vor be constructed on the Property.
XN WITNESS WHEREOF, Long Lake and Orono have executed
this Declaration on the above date.
THE CITY OF ORONO
Its
Its
THE CITY OP LONG LAKE
By _
Its _
Its
STATE OF MINNESOTA)
)ss
COUNTY OF HENNEPIN)
The £<Jte.oin« inskrumant ... .eknowl.<Jqed beCote ire
thl* _ _ day o£- - - - - -— •
and- - - - - - - - - --- - -
and
of the City of Orono, a municipal
iorpot.tlon, on bihTiro£ kh. cocpot.tion.
Notary Public
-3-
STATE OP MINNESOTA)
}SS
COUNTY OF HENNEPIN)
this
and .
The foregoing instrument »as acknowledged before me
__ day nf « 1991. by
the and
corporation, on behalfof the corporation.
of the City of Long Lake, a municipal
Notary Public
THIS INSTRUMENT WAS DRAFTED BY
s.#■
Tot
^yor Peterson"and City Council ^—- - - -— —- - - - -*/V^ ^ ^9gtRon Moorser City Administrator r na-^ i
Frost
Date:
Jeanne A. Mabusth, Building & Zoning Administrator
November 12» 1991
Snbjectt #1697 Jim Rivera, 1440 Shoreline Drive -
After-the-Fact Variances - Public Hearing
Pertinent Ordinances
1.
2.
3.
Section 10.22, Subd. 1 (B) - Lakeshore setback variance.
Required ■ 75’
Existing ■ 39'+
Proposed ■ 22'”+
Variance ■ 53* or 70.6%
Section 10.22, Subd. 2 - Hardcover variance within 0-75'
lakeshore setback area.
Total area » 4,875 s.f.*-l
Allowed = 0 s.f.
Existing as of 1975 zoning «.* >de amendment - 1,251.85
s.f. or 25.6% (835.85 s.f. or 17,14% of structural
hardcover)
Proposed ■ 416 s.f. or 8.53% of structural hardcover
(Refer to Exhibit B. Applicant claims grade-level
patio existed prior to deck. Applicant claims
deck was constructed some time in 1978. No record
of a building permit being issued.)
No net increase in hardcover proposed, only
str:- :tural intensifiction of existlnc.
*-l Although legal description of prop r* y runs to Brown's
Bay side, that portion of the property has been rezoned
to B-2 and is currently occupied with B-2 improvements
in addition to County road right-of-way and has been
excluded from the total area for residential use.
Section 10.23,
Requirt^d
Existing
Proposed
Subd. 6 (B)
30' *-2
7' 6"
1* 6" +
- Side setback variance required.
*-2 The property was zoned LR-IA in 1978. A 30' side
setback is required for deck constructed in 1978.
Zoning File #1697
November 12# 1991
Page 2
List of Exhibits -
A *> Application
B - Applicant's Addendum
C - Plat Map
D - Property Owners List
E - Building Permit 6/10/59 •
P - Building Permit 9/i0/61 •
G - Survey - Building Permit 6/59
H - Survey of Property - 1980
I - Hardcover Fact Sheet Submitted by Applicant
J - Staff Sketch
Additions to Residence
Lakeside Shed
Dsscription of Request
Please refer to applicant's addendum# Exhibit B. Applicant
claims a grade-level stone patio existed within the lakeside of
the house prior to 1972. Sometime during 1978# the stone patio
was taken up and replaced with the existing deck. Staff has no
information as to the exact dimensions of the former grade-level
patio. A building permit was issued in 1959 for <-he additions to
the residence and in 1961 for lakeshore shed, xt would appear
that the residence is currently being used for storage purposes
only.
The limited 75-250' setback area of this property is
developed as a gravel parking area. The City approved a
conditional use permit for the marina in 1980 that allows
overflow parking on weekends during the heavily used sum ar
months. This is also true for the 75-250' setbav'k area of the
property located to the immediate south that involves Application
«1698.
Bardship Stat
Once again refer to Exhibit B. Appl^ ^ seeks approval of
the after-the-fact deck as deck ras existed f.\» approximately 13
years.
Isv
i
'<■
Zoning File #1697
December 3, 1991
Page 3
Additional C'v aents and Planning Comtission Re<>ndation
The Planning Conunlsalon noted that the deck had existri for
approximately 13 years without any notice. The applicant advised
Planning Commission members that the deck was qu .stioned by a
neighboring property owner who was recently denied the right to
construct a lakeside deck on his property. The Planning
CcWiission reccxnrnended unanimous approval based on the finding
that the deck has existed for over 13 years and that deck was
placed over existing hardcover. Approval was conditioned on
notice being p'. . ed in the approval resolution advising applicant
that any irtt, .sificatlon or replacement of the deck would
require variance approval from the City. The enclosed resolution
has been dr fted per the Planning Comnmission's unanimous
recommendation.
Isv
/
APTBR-THB-FACT
SBCnOM It.
AMD 8BCT10H
'JTION GRANTING
JBS TO MUNICIPAL ZONING CODE
SUBDIVISIONS 1 AND 2,
1 .23, SUBDIVISION 6 (B)
PILB #1697
WBBRBAS# James P. Rivers and Mary A. .divers
(hereinafter "the applicants") are ovmers of the property located
at 1440 Shoreline Drive within the City of Orono (herf.inafter
*Clty") and legally described as follows:
Refer to Exhibit A, Attached.
WHBRBASf the applicants have applied to the City for
after-the-fact variances to Municipal Zoning Code Section 10.22,
Subdivision 1 to allow a la)ce8ide dec)c to remain at a 22* setback
€r<MB the lakeshore instead of the required 75* and per Section
10.22/ Subdivision 2 applicant seeks approval of 416 s.f. or
8.53% of structural hardcover where non-stru'-l ural hardcover had
existed prior to 1978 and per Section 10.23, Subdivision 6 (B)
the deck has been placed 6" from the side lot line instead of
the required 30'.
NOW, THBRBFORB, BB .T RBSOLVBD by ^he City Council of
Orono, Minnesota:
FINDINGS
1.
2.
This application was reviewed as Zoning File #1697.
The property is 1 c-rated in the LR-IA, Single Family
Lakeshore Residential Zoning District requiring 2 acres
in area. The property consists of approximately 9,100
s.f.
3.The Orono Planning Commission reviewed this application
on November 16, 1991, and recommended approval of the
after-the-fact variances based upon the followl.
findings:
A.The deck was constructed in 1978 and has existed
on :he property for over 13 years without notice.
Page 1 of 4
B.The structural improvement did not result in an
increase of hardcover within the 0-75* setback
area.
4.The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
that granting the variances 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.
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 variances 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 after-the-fact variances to Municipal
Zoning Code Sections 10.22, Subdivisions 1 and 2 and Section
10.23, Subdivision 6 (B) to permit a 16' x 26' deck constructed
to the lakeside of the existing residence requiring approval of a
lakeshore setback variance of 53' or 70.6%, a hardcover variance
within the 0-75' lakeshore setback area of 1,251.85 s.f. or 25.6%
and a side setback variance of 28' 6" or 95%, subject to the
following conditions:
1.Applicant is hereby advised that any plan to intensify
or replace existing lakeside deck shall require
approval of the City prior to construction.
2.Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
Page 2 of 4
3.The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 9th day of December,
1991.
ATTEST:
Dorothy M. Rallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
STATE OP MINNESOTA )
) ss.
COUNTY OP liENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of December 1991, by Barbara A. Peterson & Dorothy
M. Rallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
Page 3 of 4
Exhibit A
iw':- a. of Surrey: *
■4^^: •’ * . - ■
. . ell that part of Covismaeac lot 1,
, Section Hi HI?:;, R23U, deacrlbad aa follows:
•' et a point on ths shore of Inkn .
-r^^'T^'^manetonlra, which point is found as follows 1
rthsast
'’'‘of a oertaln tract of land deeded to rdpar
. ..; ’Boswell and recorded in Book 7C0 of Cecds,
page 47} thence N 67®43'£ alonp thi
Northerly lino of said
Boswell lar^ to
i
< --
I
i
j.
%
• •• •
e
• r
the shor" of
lake Kinnetcnka;
• thence Kortherly
along said shoro
a llsta/iCe cf
125 feet rzor-'
cr less to a
point in 0
line thiit is
parallel with
■and distant 12C
feet .'iortherl
at rig
froa
line
tract
being
thonco _ ____^ .
65 feet cor'* or'^less to e point .Ir. a lino.dr.’.un mr
,wlth and '2JS5 feet l.'orthorljr at right angle- frora th
line of Eofiw-11 tract alxjv- r*»forTod to; thoncn S (xT^Li^
"ahor* of I4id or Hound Lake; thonc'* CoutJi r.lonr aho
ftid or *’oiUjd hike to a rolnt Ji. h Hr. ’’ w: leh h/>ars
lft*om ^he ^Int of borir.r.i:v; tlt-^nen N (S7 i i*". to
'“and of tho loontlof. u/' r.ll huiL^inra tlitr-'c:., and ull vinibl^t ^
•ncro/.chn’ntn, Lf a«y, frt*-*n or on s/.ld Lum:.
u -r .rdiCt.
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CITY OP ORONO - VARIANCE APPLICAMON ^
Initial Application Fee $175.0(J|t [.; (
($50.00 per each additional v/:^ancaJLiL.
Renewal Variance Fee $100.00
(no change from original application)
After-the-Fact Fees (Double application fee)
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PROPERTY LOCATION
Site Address
Property Identification Number (P.I.D.) _u'Z^ ^ 04"
Attach legal description to application if not included on
required survey.
APPLICANT
Name \\/^tzS
Phone (home) ^73 <^S72-^
Phone (worJc)
Address
OWNER (if different than applicant)Phone (home)
Name Phone (wor)c)
Address:Citv;Zip;
Date Property Acquired 3/73 (month/year)
I (do not) also own the adjacent parcels of land."*^<^ i •South
PRESENT OSE OF PROPERTY
Present 'Zoning District
Present Use of Property Residential
Other (specify)
DESCRIPTION OF RBQOEST
Describe request in detail:
Estimated Construction Cost $
Sbb /
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VARIANCES REQUIRED
Lot Area Lot Width
Setbaclc Variances (Front
^ Hardcover
^ Rear)Side
Other
HARDSHIPDescribe undue hardship or practical d-fficulty resulting from strict
enforcement of zoning regulations: Lrrr^F/-^_ _ _ _ _ _ _ _ _ _ _ _ _
DESCRIPTION OP UNOSOAL 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 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).
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy S^j^xll").
Sketches or plans of floor & elevation views (provide 1 copy 8%"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 your variance application is not complete if th e above
inforaation 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 pavment) and/or consultant expenses
Incurred in review of this ap£^catioi^ and certifies that the information
supplied is true and cor^e^rt^^^the b^st of his/her knowledge.
Applicant's Sig.iatu^^=3^Date
TJ\
ONHBRS 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
review meetings of the Planning Coandssion 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.
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James P. Rivers
1442 Shoreline Drive
Wayzata, MN 55391
September 30, 1991
City of Orono
RE: Variance Application for Existing Wood Decks at 1440 and 1442 Shoreline Drive:
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In 1975, I purchased the property at 1 40 and 1442 Shoreline Drive in the City of
Orono from James D. McMahan. I applied for and received from the City of Orono a
permit to remove an existing restaurant building and to add an addition to the house
at 1442 Shoreline Drive. During the construction of the addition, a wood deck was
aiso constructed. As ^ as I know, the city inspected this addition and deck. During
the mid 80’s, the city inspected this house when a new roof was put on. Up to now,
nothing has ever been said about the addition or deck on this house and so therefore
for the last 15 years, I was not aware there was a problem.
ft The house at 1440 Shoreline Drive had an existing stone patio behind it. During 1978,
this existing stone patio was taken up and replaced with a wood deck. I do net know
when this stone patio was buiit, but do know it was there In 1972 when I first came to
this property.
My hardship is in being asked to remove something that has existed and i have used
for 15 years.
Jim Rivers
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38 1H117-23 22 0011
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REPORT lO. P;A35A01
PAGE 22
3S 11-117-23 22 0004
ClU<i S'TORELIME OR
J P I n A RIVERS
JAMES P A MART A RIVERS
H4<i CO'Jinr ROAD IS
UAT2ATA roi 55391
30 n-117-23 22 otto
J P A H A RIVERS
JAMES P A MARY A RIVERS
HU COLRETT ROAD 15
UAT2A1A »91 55391 rA
38 11-117-23 22 0013
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CITY OF cnoio
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CRTSIAL BAT rtl 55523 A
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J CERIIFT that THE FACTS PErPESimCD ARE AH ACCURATE All) TRUE
PErPEsniiATioH or niropriATioH as it appears this date oh the recordb
OF THE IIIin<rriH COUfHT DEPARTMEHT OF rvOPERTT TAXATlOl.^a YMF liw or m m;%IE0CE AlO BELIEF. / / ^ I IV ini 919J
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Location
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0*75' 75-250' 250-5CC'5CQ -ICCO^
Existing H ardcover in Zone
A, ^y ^0 \ \S.F.
LENGTH WIDTH
•
X S3 S.F.
X S.F.
•S^^**** li.t^X 0-^■4 i%S.F.
X ,S.F.
a. RAR&t'.E X S.F.
c. Driveway X
.S.F.
X , 25 S.F.
D. Sidewalk X S.F.
X S.F.
X S.F.
E. Jatio / been It,X « . 4-/S.F.
E.Landscape
-
X . .S.F.
AREAS
UNDERLAIN
nv X S.F.
PLASTIC
sheeting
•X
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S.F.
.X S.F.
e. Other X S.F.•
Total H ardcover in Zone d-rr/.S5-S.F.
Total Propkty Area in Zone ^/hO S • P •
4[T]X 100 - ^
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Tot Planning Cominlsslon Chairman Kelley
Orono Planning Commission Members
City Administrator Moorse b
Pr<
Oates
Subject s
Jeanne A. Mabusth* Building & Zoning Administ^SCl»^l
November 12, 1991
#1699 Michael Renard, 1185 Tonkawa Road -
Renewal Variance - Public Hearing
SoillJig Districts LR^'IB, approximate area ^ 28,405 s.f.
Pertineat Ordinances
Section 10.22, Subdivision 1 - Average lakeshore setback.
Proposed addition encroaches approximately 1-1 1/2 '
in front of the average lakeshore setback line. Review
Exhibit H.
Section 10.22, Subdivison 2 - Hardcover variance required
within 75-250' setback area.
75-250* setback area - 22,827 s.f.
Allowed hardcover *■ 5,707 s.f. or 25%
Existing hardcover ■ 5,516 s.f. or 24.1%
Hardcover approved by Council Application 1602 * *5,829 s.f.
or 25.5%
*Council required removal of a shed at 168 s.f.
Variance 122 s.f. or .5%
List of Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Application
Plat Map
Property Owners List
Survey
Floor Plans
Elevations
Planning C *^ission Minutes 9/18/89
Council Hiou'wes 10/23/89
Average Lakeshore Setback Line
Resolution No. 2906
Dsscriptlon of Request
The applicant seeks approval of the second renewal variance
to construct a major addition to the east side of the existing
residence that meets all required setback of the LR-IB zoning
district. Portions of grade level porch and second story balcony
project 1-1 1/2' in front of an average lakeshore setback line.
The ismrovements Involve additional hardcover totaling 5,997 s.f.
6.2%.or 26.2%. Approval was conditioned on the removal of a 168 s.f
shed in the street yard resulting in final cover at 5,829 s.f. or
25.5%.
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Zoning File No. 1699
November 12, 1991
Page 2
Finding no change in the current proposal from the original
t%#o applications (1441 and 1602). Staff would recommend approval
based on the findings and conditions set forth in the most
racehtly approved resolution enclosed In your pac)cet. Review
Exhibit I.
Additicmal Conents and Planning Commission Recommendati<
December 4, 1991
The Planning Commission cautioned applicant that the City is
currently reviewing an amendment to the lakeshote regulations of
the City and that a future variance application may not be simply
accepted as a renewal but may require the initiation of a
completely new variance application. The enclosed resolution has
been drafted per the Planning Commission's unanimous approval.
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A RBSOLOTIOII GRAMTIMG
VARIAHCBS TO NIIHICIPAL ZONING CODS
SECTION 10.22, SUBDIVISIONS 1 AND 2,
FILE #1699
NBBRBAS, Michael Renard (hereinafter "the applicant")
is the oimer of the property located at 1185 Tonkawa Road within
the City of Orono <(hereinaf^.er "City") and legally described as
Tract B, Registered Land Survey #853, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 1
(B) to allow construction of an addition to the existing
residence located 1-1/2* in front of the average lakeshore
setback line and a variance to Section 10.22, Subdivision 2
seeking approval of a hardcover variance within the 75-250*
setback area of 122 s.f. or .5% over the allowed hardcover of
5,707 s.f. or 25%.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1.
2.
This application was reviewed «s Zoning File #1699
The property is located in the LR-IB, Single Family
Lakeshore Residential Zoning District requiring 1 acre
in area. The property consists of 28,405 s.f. or .65
3.The Orono Planning Commission reviewed this renewal
application on November 18, 1991, and recommended
approval of the average lakeshore setback variance and
hardcover variance of .5% within the 75-250* setback
area based upon the following findings:
A.The encroachment of the average lakeshore setback
is minimal at 1-1/2* and will have no negative
impact on the lake views of the adjacent
residences.
B.There is no hardcover in the 0-75* setback area on
the property.
Page 1 of 4
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C. The proposed total area or size of the residence
structure Is consistent with the size and area of
surrounding residences on adjacent lots of similar
size.
D. The existing bituminous drive and backout apron
are required to maintain safe access to the
adjacent County road.
4. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
that granting the variances would not adversely affect
traffic conditioner lightr ait* nor pose a fire hazard
or othe' danger to neighboring property; would not
merely serve as a convenience to the applicantr 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.
5* The City Council has considered this application
including the findings and recommendations of the
Planning Commisslonr reports by City staff» comments by
the applicant and the effect of the variances on the
health# safety and welfare of the community.
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1; ■
GOMCLOSIOMS# ORDER AMD CONDITIONS
Based upon one or more of the findings noted above# the
Orono City Council hereby grants a variance to Municipal Zoning
Cede Section 10.22# Subdivision 1 (B) that would approve the
average lakeshore setback variance of l->l/2* for the proposed
addition and approves a hardcover variance to allow 5#829 s.f. or
25.5% hardcover within the 75-250* setback area# subject to the
following conditions:
1. Applicant shall remove a shed consisting of 168 s.f.
within the 75-250* setback area. Such removal to be
confirmed by the Building Inspector at the time of the
footing inspection for the new addition.
Page 2 of 4
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2.
3.
4.
Authorities granted by this resolution run with the
property not with the applicant* but are permissiv
only and must be exercised by application for .
building permit within one year of the date of Council
approval* or this variance will expire on that date
(December 9* 1992).
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.
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 9th day of December*
1991.
ATTESTI
Dorothy M. Hallin* City Clerk Barbara A. Peterson* Mayor
Property owner(s)
STATE OP MIHHESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 9th day of December* 1991* by Barbara A. Peterson & Dorothy
N. Hallin* Mayor 4 City Clerk of the City of Orono* a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
Page 3 of 4
# /C-? VCITY OF OROHO - VRRIAMCB APPLICATION
Initial Application Fee $175.00 iT
($50.00 par aach additional variance
Ranawal Variance PeaCfTOoToo^^
(no change from original application)
Aftar*tha*Fact Peas (Double application fee)
cm CF ow
F/AW.Vil OFFICE13COCOOOOO
nOPBRTY LOCATION
//ftg 9.x ,Site Address
. 01 CEH 100,00
CHECK TL 100,00
RECEIPT-IHAHK YOU
H2C6500 coot ROl T12:.
10/16/9
Identification Number (P.I.D.) ^ j^
.mI n4>-lnn to aoolication if not included onProperty
Attach legal description to application
required survey.
AFPLZCABT
Name cjiAtJ Ro/i^9i^
Address: ^_ _ City:
’•r:.
Phone (home)
_ _ Phone (work) 3CS
Zip:
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(if different than applicant)
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Phone (home)
Phone (work)
%
Address:City:Zip:
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land
tSNT USB OF PBOPBSTT
Present Zoning District
W Present Ose of Property Residential
Other (specify)
o'.
Describe request
nagOBST Estimated Construction Cost $.
in detail: 5^e>ttd4AJlifl. ___________________
TMtlANCBN KBQOZBm)
Lot Area
I.'
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Setback Variances (
Lot Width
Front
Hardcover
Side Rear)
Other
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ADSHIPDescribe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations_ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DBSCRIPTIOn OP UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements; _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _
rbqoxbbd submittals
!• Completed Application Form
2.
3.
4.
5.
6.
7.
8.
Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
Plat Map (obtained with property owners list).
Certificate of survey (signed by a licensed surveyor) to include
hardcover calculations as required (provide one (1) copy 8%"xll" for
reproduction).
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy 8%"xll'*).
Sketches or plans of floor & elevation views (provide 1 copy eJi^xll").
Aa an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please
reaMmber that veur variance application is not complete if the above
been
APFLICAMT'S 8I6HATURB ,
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
suppliad is true and correct to the best his/her knowledge.
j^pplicant'8 Signature
rrect to the beat
Date
« 8I6WOUBB
ovner hereby ackowledges and agrees to this application and further
authorises reasonable entry onto the property by City staff, consultants,
Comsiission members, and Council members for purposes of investiga
tion and verification of tMs request^
Oimer's Signature ''7?icnAl/ _ _ _ _ Date
Applicant must have all subsiittals into the City offices 25 days before the
Planning Cossaission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants mast be present at all scheduled
XOTleif meetings of the Planning Conndssion and Connell. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorised agent attend in your place and to advise the Building s Zoning
Office of this change prior to the meeting.
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•4 ••t i • I vuu I »f COMNXSSXOB !TIB6 SET ^ . I : • .4 18,. 1989
soaiao FIIS «1457-C8BLS0H COHTUIUHO
Planning CoBBiaaionar Ballows» to table this application until
«t«eh tine that the aeptic report has been reviewed by the ataff
and Planning Coamlaaion. Planning Conmisaioner Brown ^estioned
S5S ^eCl^y would protect the draintile or drainage ditches
^^ining through this property? Mabusth
nroteeted with drainage easenents* Kelley placed the
aoDlieant on notice that he should submit information pertaining
t?the location of the draintile before coming ''act before the
Plaining SSiaaion. Motion, Ayes-6, »ays-0. Motion passed.
#1440 18T nSZOMBL B8HK OP TBB LAKBS
244S SdAllfWOOP BOAD ______
duly noted.
Bank*
Mr. Mark Wi.iter was present as a representative for the
Building 4 Zoning Administrator Mabusth provided a brief
explanation of the application being presented.
yii«re were no cosnents from the public regarding this matter
and the public hearing was closed.
CoBBolJilon” toVot,**to rwimind
olan for application #1440, and the installation of an additional
2 jum » Motion, A;res*6, Hayo»0, Motion passed.
#1441
U8S
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■OAD
r^ima»TrMi OP PUBLIC HBARIBG 8:03 P.M. TO 8:09 P-J-
the Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. Copley was present for this matter.
Building and Zoning Administrator Mabustl^^lalned that
staff's hardcover calculations had been__rt-va* »rma. t#as not included. Staff hasStaff's hardcover calculations had been
potion of the 0-“'5' setback area was not
calculated that there - * 11 a 1.2% increase }“ ***^^*^
75-250' setback area. ->usth said there J*® a 1 t 1.
encroachment of the a\ lakeshore setback line.
Planning Commissioner Hanson asked Mr. Copley whether he
would be willing to remove existing hardcover in order to keep
percent of hardcover the same?
Mr. Copley said that he would prefer not to remove any of
the existing hardcover.
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TBB PLAmmiG COMHISSZOH iTZSG SBP , Kl.^18, 1989
rn^mrmi WHX il441-COPLBT COWlHUitU . ^ 4. 4.K-
Planning Conmissionar Brown fto
hardcovar was 24%. Ha would be willing to applicant to
^^•asa to 25% which is the maximua allowed.
fliara ware no conmants from the public regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Cohan, seconded by
Planning Commissioner Hanson, to recommend
a^arage laJceshore setback variance of approximately 1.5 and that
hardcover was to be retained at 2.5%.
Motion, Ayes«6, Hays-0, Motion passed.
«14S2
1720 I . t; r ^
lasft B. V
DXNOOO BOM)
4:i:U4
'"“niJ^SiS.Jlt'orSiIblicStiVMd ertificats o£ Mailing wer.
duly noted.
Mr. Mrs. Pemberton were present for this matter.
Assistant Planning and Zoning
explained the Pemberton's proposal 7^®
l^el deck into an addition to their dining room.
Chairman Kelley asked whether the Pemberton's had received
any input from their neighbor to the south?
Mr. Pemberton said that he had spoken to his neighbors on
both aides and they had no objection.
Planning Commissioner Brown asked if there was existing
hardcover that could be removed?
fAere were no comments from the public regarding this matter
and the public hearing was closed.
Planning Commissioner Brown reminded Mr. Pemberton that
Mr. Pemberton said that he would be willing
la the plastic that is presumed to be underlying the rockbed.
since®h5l?puS^?is l5S»o« vSlf?!**^
It was moved by Planning
Planning Commissioner Cohen, to in
aDDlieal^oa provided that the plastic
?S nSSeast comer of the property is r^ved.
Mllm^d Kelley, Hay, due to their preference to see hardcover
removed rather than converted into permanent structure. Motion
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li '-ns OF OMMO CaOKIL MEBtlHC HELD OCTOBER 23, 1989 a
sj^“:s*5is;,2s.-:r,j; sx? s'.‘s.‘fr,ir-::.r
6*rb«rd.on .aid that he would have re^«* P>^<»P®s«d
~"’^Snel2SiSr'^Jttir^e.“o “d%iS^ «'• 1“^»««P* Pl“
would bo oubolttod for review by City staff?
Mayor Grabek replied that the landscape and entrance
nonunent plan would need to be submitted.
Gaffron asked which road configuration the Council preferred
to see?
was dosignod so as to discourage through traffic.
Mayor Grabek indicated that he preferred the Planning
CoBDission*s recommendation.
City Engineer Cook questioned whether Outlet C would be
developed at this time?
Gronberg replied that a portion of it would be developed so
ae to facilitate emergency vehicles.
Gaffron clarified that the road would be continuous with a
*T” intersection.
s:siViiS
Notion* Eyes-5, Hays-O* Motion passed.
_xm *mi
"ISHS
City Atoini.tr.tor “/•'’c'op'T.V'h^. *i?c\*ci«d ‘biS
to turn around in the driveway.
Counei D««.b.r Go#tt.a Mid , ‘“sh" «‘^d“t bf t**l?h S
.pptJci” t.d thfuffortS a.de by Mr. Copley to beep h.rdeover to a
minimum.
^ sir^
55
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HyyiiTgfi OP OWmO COONCIL MBETHIG HELD OCTOBER 23, 1989
Cfwne PU* #1441-C0P1ET COETmuZD _ K,rmovyd by Counci Imember Goetten
councilBembor P«t«rson, to adopt Resolution #2717, approving
SScovSr^iance and average lakeshore setback variance for ^
^ Copley, 1185 Tonkawa Road. Motion, Ayes-5, Nays»0. Motion
passed.
.4«1452 NBUCBR PI
1720 EHBOTIiOOD ROBD
Hr. Pemberton was present for this matter.
City Administrator Bernhardson explained this application to
the Council and Mayor Grabek.
Councilmember Goettan said that she
proposed, if something could be worked out with the staff to
remove existing hardcover.
Mayor Grabek expressed his concern with the
Into Structure. Mayor Grabek said that he could not see
councilmember Goetten asked Mr. Pemberton if it would be
possible to locate the addition elsewhere?
Councilmember Callahan indicated
Planning Commissioners that voted against approval of this
applieation
Mr. P.«b.rton inaicat.d that he did not
front of the house.
Mayor Orabak said that tha City i»
.Ma bJwln O’ “0 ”• ot th. lakeahor.. *“y“JhT<ity Mt a pr.cd«it by aXlowing .tractor., to b« built
iS tbat^ar... 6rab«k .aid that aach ^ *a h^abip that will warrant th. approval of a varianc.
«*, '“*^ar.nVv**.'^r:M.irc^^ on \hV wh'Tt'i;
M;. "r.“.rrt^"ItJd into th. addition on th. back of th. houaa.
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City of ORONO
JLLY,RESOLUTION OF THE CITY COUNCIL
NO. 2906_______
QRQNa
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS I (B) « 2
PILE #1602
WHEREAS, Don W. Copley (hereinafter "the
applicant*} is the applicant of the property located at 1185 Tonkawa
Road within the City of Orono (hereinafter "City") and legally
described as Tract B, Registered Land Survey #853, Hennepin County,
Minnesota (hereinafter "the property")? and
WHEREAS, the applicant has applied to the City for
a variance to Municipal Zoning Code Section 10*22, Subdivision 1 (B)
to allow construction of an addition to the existing residence located
1-1/2* in front of the average lakeshore setback line and a variance
to Section 10.22, Subdivision 2 seeking approval of a hardcover
variance within the 75-250* setback area cf 122 square feet or .5%
over the allowed hardcover of 5,707 square feet or 25%.
HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota t
FINDINGS
1, This application was reviewed as Zoning File #1602.
2. The property is located in tho LR-IB Single Family Lakeshore
Residential Zoning District requiring 1 acre in area. The
property consists of 28,405 square feet or .65 acres.
3. The Orono Planning Commission reviewed this renewal
application on November 19, 1990 and recoiionended approval of the
average lakeshore setback variance and hardcover variance of .5%
based on the following fxndings:
A) The encroachment of the average lakeshore setback is
minimal at 1-1/2* and will have no negative impact on the
lake views of the adjacent residences.
B) There is no hardcover in the 0-75* setback area on the
property.
C) The proposed total area or size of the residence
structure is consistent with the size and area of
surrounding res'Iences on adjacent lots of similar size.
Page 1 of 4
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City of OROIVO
.il.Y.RESOLUTION OF THE CITY COUNCIL
NO. 2906
GRGNa
D) The existing bituminous drive and back out apron are
required to maintain safe access to the adjacent County
Road.
4. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district? that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property? would
not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty? is
necessary to preserve a substantial property right of the
applicant? and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
5* The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
COMCLOSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning Code
Section 10.22, Subdivision 1 (B) that would approve the average
lakeshore setback variance of 1-1/2* for the proposed addition and
approves a hardcover variance to allow 5,829 square or 25.5%
hardcover Mi.l.j.: *'e 75-250* setback area, subject to the following
conditions :
1. Applicant shall remove a shed consisting of 160 square
within the 75-250* setback area. Such removal to be confiraed by
the Building Inspector at the time of the footing inspection for
the new addition.
2. Authorities granted by this resolution run with the property
not with the applicant, but are permissive only and must be
or'thi? 1° Sn
that date (Deceiver 10, 1991).
3. Violation of or non-compliance with any of *55^
conditions of this variance shall constitute a violation ®
soning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
Page 2 of 4
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.2906
;!\(I
OniINNESOTA )
) ss.
COUNTY OP HENNEPIN )
day of i QjZywiOn this }Q^ —^
deacribad In dndUWho execu
I99Q
county, personally
known to me to be
executed the foregoingtha parsonCsI --------------- -iastnuMntf and acknowledged that he (they) executed the same as
his (thsir) free act and deed.
—/Ly^aJ-
NOTApy PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN }
On this
s
I |H±.199_L, before meday of ^ q nuv^r
It^n
person(s) desor^Ced itr^and wh<^ emeu ted the foregoing instrument.n\i
No^ry. within and for said Cou'ity, personally appeared
son(si de
/>t>ing.r known to me to be the
and acknowledged that he
(their) free act and deed.
(they) executed the same as his
NOTARY PUBLIC
STATE OF MINNESOTA )
)S8.
MTY OF HENNEPIN )•••I*
On this /V^ day of _______# 199_/, before me
a Notary Public within and for said County, personally appeared
I^ ryor^a^ry vioian r w^•• — ------
personCs) describeid in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
I-
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kjiauL^7lU^
NOTARY PUBLIC
Page 4 of 4
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City of ORONO
I I I V RESOLUTION OF THE CITY COUNCIL
NO. 2906_ _ _ _
uRfifMa
4. The undersigned applicant has readr understood and 'c'^eby
n^rese to the terms of this resolution and on behalf of h*..' If#
his heirs# successors and assigns# hereby agrees to the r'ring
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 10th day of December# 1990.
R. Grabek# 'Mayor
Property Owner(aJ
licant(sK /
'tin.
STATE OF MINMESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
ICth day of December# 1990# by James R. Grabek 6 Dorothy M« Hallin#
Mayor a City Clerk of the City of Orono# a Minnesota municipal
corporation and said Instrument was executed on behalf of the City.
Page 3 of 4
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Dates
Subjects
Chairman Kelley and Planning Commission Member:
Mayor Peterson and City Council
Ron Moorse, City Administrator
C/>s,Jeanne A. Mabusth# Building s Zoning Adminisu^^r S -
November 14r 1991
'*4?
11701 Phyllis Sprague, 3340 North Shore Drive -
Variances - Public Hearing
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Pertinent Ordinance -
Section 10.03, Subd. 5 (E) - Whenever a lawful non-
conforming use of a structure or land is discontinued and remains
discontinued for a period of twelve months, any future use of
said structure or land shall be in conformity with the provisions
of this zoning chapter.
Permanent residential use of this property ceased sometime
in 1983. The structure was temporarily used for residential
purposes by employees of the adjacent marinas between 1983 and
1985. In approximately 1985, the building was ccanpletely gutted
and used for storage by the marinas. In addition, the remaining
portion of the property was used for the parking of commercial
vehicles and storage of boats. The commercial use of this
property was never approved by the City and has never been
legally recognized with the issuance of a zoning Certificate of
Occupancy. All modifications of the subject structure were done
without the benefit of building permits. Accessory structures
were removed on the property sometime within 1983-1984.
The applicant proposes the restoration of an accessory
residential use on the property. To restore residential use
requires approval of a variance to the non-conforming use section
of the code.
List of Ixhiblta -
A - Application
B - Applicant's Addendum
C - Property Oimers List
* Plat Man
* Survey
' Proposed Floor Plan
* Site Plan
‘ Ordinance No. 9
* Current Zoning Map
* Former Owners Letter to Staff 8/16/91
' Staff Sketch
D
E
F
G
B
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Zoning File #1701
November 14, 1991
Page 2
Description of Request
Mrs. Sprague has entered into a Purchase Agreement with the
fee owner of the property. Her homestead is to the immediate
west of the subject property (refer to staff sketch. Exhibit K).
Review Exhibit B, in her addendum she advises that her attorney
will be prepared to legally combine the parcels upon completion
of the sale. She proposes an accessory use of the structure
"primarily for storage of hobby/craft items". As already noted
above, sometime in 1983-84 the structure was completely gutted.
The floor plan, submitted with the application, proposes the
partitioning off of the structure into four independent rooms
(Exhibit P). The plan suggests an independent dwelling unit
rather than a storage structure use originally described to staff
that was not to be heated nor served by sewer or water. An
accessory structure or use would require the legal combination of
the property in order to achieve credit of the principal
structure on Mrs. Sprague's homestead property. Does the
applicant propose a guest house use? If so, a conditional use
application must be filed for a guest house use.
Per applicant's addendum, the structure shall be
cosmetically repaired with new shingles, new ^axnt and flower
boxes. No additions or other improvements are proposed on the
property. If residential use is to be restored on this property,
whether it is a primary or accessory residential use, a variance
to the non-conforming use sections of the code would be required.
Mrs. Sprague not only seeks variance approval but als^
asks the City to consider the rezonlng of both properties to
residential. In discussions with the immediate neighbor to the
east. Parcel D on the staff sketch Exhibit K, they also advised
an interest in restoration of residential zoning for their
property.
History of the Sonliig of These Properties
Prior to 1957 the property was unzoned. In 1957 Ordinance
No. 9, Exhibit B, created a commercial district and also allowed
any use wnich would have been permitted in a residential
district. In 1967 the property was rezoned to B-2, Lakeshore
Commercial and all existing residential uses within that zone
became non-conforming.
As already noted above, there has never been a legally
approved commercial use of the property as the City has never
issued a soning Certificate of Occupancy for the commercial uses
of the property documented from 1983 thru 1990. Review the
series of owners reported by the current fee owner in her letter
of August 16, 1991 to the Orono staff. Exhibit J. In 1985 the
Zoning File 11701
November 14, 1991
Page 3
bhen current o%mer James Dunn filed a variance application with
the City for the commercial use of the subject property and the
property designated as Parcel A on staff sketch Exhibit K. The
applicant failed to complete the review of the application. The
property was sold in 1987 to Gerald Toberman and the property
appeared to receive less intense commercial use. Staff could
judge this by the limited number of complaint calls received frcmi
the residential owners. Any time a commercial use is added or
intensified on these seve.ely limited properties, there is a
concurrent impact on the residential used properties. B*>2 zoning
calls for 2 acres. Mrs. Sprague's property has approximately
7100 s.f. or .16 acres and the subject property has approximately
11,050 s.f. or .25 acres. The combining of these two properties
would bring the Sprague property just under 1/2 acre.
Issues for Consideration
A.Bow would you respond to applicant's request to rezone
property to residential? Consider the following:
1. Property has been zoned commercial for approximately 35
years.
2. Impact on values of property.
3. Long-range impact on properties.
B,How extensive must rezoning be so that it would not be
considered "spot zoning"? Remember one of the four parcels
is owned by the current manager/owner of Lakeside Marine.
Mr. Dunn will be vehemently opposed to the rezoning of the
property to residential. Is there the legal issue of "a
taking"? Owners of the remaining lots would concur with the
rezoning.
C.
2.
Are there enough unique findings to be made to support the
granting of variances to the non-conforming use section?
1. The legal combination of the properties will bring the
property closer to area conformance of B-2.
The improvements to the existing residential structure
do not reflect major financial committment or
permancence.
The existing structure and property will be accessory
to principal use on adjacent property.
The property was used residentially thru 1985.
There was never a legal commercial use approved nor
established on the property.
3.
4.
5.
OescrlptloB of Hardships
Refer to applicant's addendum. Exhibit B and findings noted
in Section 'C above. Prior to making your recommendation,
please seek further clarification from applicant concerning
proposed modifications and use of structure.
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r Zoning Pile 11701
December 3, 1991
Page 4
Additional Comments and Planning Commission Recomsiendation
The Planning Commission felt applicant's request to rezone the
property from B-2 to LR-lC-1 would not be necessary based on
applicant's proposed type and level of use. It was recommended
instead that the City grant variances to the pertinent non-conforming
section of the Code and adopt the findings as set forth in
applicant's addendum. Exhibit B, and as set forth in Section C above.
Members recalled the many violations documented against the property
in the mid-80's when the property was owned by the adjacent marina
owner. Nesibers also noted the Impact of the commercial use on these
severely substandard lots. Applicant's proposed use was considered a
positive solution to this problem. The Planning Commission
conditioned approval on the structure never be used for either
temporary or permanent habitation. The enclosed resolution has been
drafted per the unanimous approval recommendation of the Planning
Commission.
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A RESOLUTION GRANTING
A VARIANCB TO
MUNICIPAL X0HIN6 CODE
SECTION 10.03, SUBDIVISION 5 (B)
FILE #1701
NBBRBAS, Phyllis B. Sprague (hereinafter "the applicant")
has an interest in the property located at 3340 North Shore Drive
vithin the City of Orono (hereinafter "City") and legally described as
follows:
Lot 8, "Lydiard's ParJc", Hennepin County, Minnesota
(hereinafter "the property"); and
NHBKEAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 5 (E) to
permit an accessory residential use of a B-2 zoned property. The
residential use of the property ceased sometime in 1985. The non
conforming use code would require that all use of this property
conform to current B-2 standards as residential use had ceased more
than twelve months ago.
Minnesota:
HOW, TBBREPORB, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1.
2.
This application was reviewed as Zoning File #1701.
The property is located in the B-2 Lalceshore Commercial
Zoning District requiring 2 acres in area. The property has
approximately 11,050 s.f. or .25 acres.
3.The Orono Planning Commission reviewed this application on
November 18, 1991 and recommended unanimous approval of the
proposed variance based upon the following findings:
The existing structure and property will be accessory
to the principal residential use on applicant's
adjacent homestead property.
The legal combination of the property will bring the
property closer to the area conformance of the B-2
zone.
Page 1 of 5
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4.
5.
The improvements to the existing residential accessory
structure do not reflect majority financial commitment
or permanence.
d)
e)
The property has been used residentia 1 ly since 1985.
There was never a legal commercial use approved nor
established on the property.
The structure has been used as an accessory storage
structure since 1985 and shall continue to be used as
an accessory storage structure under the proposed
residential ownership and use.
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 necetsary 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 ^he
effect of the proposed variance on the health, safety and
welfare of the community.
O0HCLO8IONS, ORDER AND CONDITIONS
Based upon one or store of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.03, Subdivision 5 (E) to allow the non-conforming accessory
residential use of a B-2 zoned property, subject to the following
conditions;
1.Applicant shall apply for the legal combination of che
property with applicant's adjacent homestead property.
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2.The structure on the property shall be used as an accessory
structure for storage use only. Said structure shall not be
served with sewer or water.
3.Structure can never be altered to allow a bath or kitchen
use and can never be used for either temporary or permanent
habitation.
4.Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one
year of the date of Council approval, or this variance will
expire on that date (December 9, 1992).
5.Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
6.The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
herself, her heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Page 3 of 5
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Adopted by the Orono City Council on this 9th
Decenberr 1991.
day of
ATTEST!
Dorothy M. Rallin, City Clerk Barbara A. Peterson» Mayor
Property Otrner(s)
STATE OP MINNESOTA )
) S8.
OODHTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of December, 1991, by Barbara A. Peterson 6 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
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f'^i'Tm'il'iWIMii ..........■lUfTfc r-** . t. -i,» i>-
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CITY OF OROHO - VARIANC2 APPLICATION
Initial Application Fee $175.00 1 \ //■
($50.00 per each additicnai variance)
Renewal Variance Pee $100.00
(no change from original application)
Aftsr-the-Fact Pees (Double application fee)
PSOPBRTY LOCATION
Site Address Unn'TH <Un^F
CITY OF QRQHO
01 CBH 175.00^
CHECK TL 175.00
RECEIPT-THAHK YOU
It22?140 cool ROl T14:(
10/24/9
Property Identification Number (P.I.D.) ^—pol^
Attach legal description to application if not included on
required survey.
2"
Phone (home) ^7
Phone (worJc)_ _ _ _ _ _
APPLZCANT
Name
Ai. flingP CitV! K3r-------- 2ip:_523Si
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1.^
I (if different than applicant)
Name /VS
Address:_ _ _ _ _ _ _ _ _ ___ _ _ _
Phone (home)
Phone (work)
City:Zip:
b
Date Property Acquired U v; • i ^ 1 I (month/year)
I(td^ (do not) also own the adjacent parcels of land.
V.
PBBSBMT 08E OT PROPERTY CL .
Present Zoning District nAi - -2—^
Present Use of Property \/ i^cA Residential
Other (specify)
DI8GEZPTIOR OP BEQOEST Estimated Construction Cost S
Describe request in ^/ii)drg-r -m./-.»> i aj—C-dNlJtlliXiAi-
g r< ._____________________ _________________________
f»KZANCB8 RBgOZSBD
Lot Area
Setback Variances (
Lot Width
Front
_ _ Hardcover
Side _ _ _ Rear)
other tAgJSf-----i-s-----------------
\BARDSaiPDescribe undue hardship or practical ^^rculty. ^ Mm ^
enforcement of zoning regulations !<^>,-r.'->Trt\it>4<g^ 5 t>-£—fVAiv»Ucr \rtV- ^
•^Qjogft \^L-T. Ciu\^\)c.it'i <r g«r^tp r^TTidi, AA jD awLllSiA:/---baXii —AVi^C^^/T L^T-
DBSCRIPTION OP OHUSOAL PROPERTY CONDITIONS (^3 54‘2- SHt><cc
D6scrib6 unusual prop6r ‘ty conditions preventing compliance with Zoning
Code Requirements ; I * 1^ ftTMTc ----CLMV\iiVlf C.r 1
II A.J ______t ^ g \ C 1 —Kr^il T^fiVi Tt f4k» >.'~^V ■ —
riRED SUBMITTALS
Completed Application Form ^ ^ .
Certified Property Owners List of owners within 150' (you must ootain
rrr-T-f^» from Hennepin County Department of Finance A-603 Govt Center
348-3271). 'v >1ScR\?tvu ^ ^tue.
;p (ubteined with property owners list).
5.
8.
7.
8.
C.rtificate of survey (signed by a licensed surveyor) to include
hardcover calculations as required (provide one il) copy SH xH Cor
reproduction). . . . - w -
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy 8J«"xll").
Sketches or plans of floor & elevation views (provide 1 copy 8»i xll ).
As an addendum to this application, please attach a separate list o
any other persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must f J:hi^^pplicatj.on^^
rsnanber that vour variance application is not complete
4»<r>« hmm not been included.
mpPLICAHT'S S16HAT0RB
The applicant hereby agrees to provide all information require
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 cojyject to the best of his/her knowledge.
______SiaUTORB " ——
The*otner*hereby ackowledges and agrees to this application and father
Applicant's Signature Date
tlon and verificati^H_of this request
^Owner's Signature V Date
V-
mat hav. all aubalttala City office* « daya^
anthecixad agant attend in your place and to advi*. the Building * Zoning
Office of this change prior to the meeting.
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MEMCPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY CPRCRS LIST
SO 00>U7-<3 41 OOIE
0SSC4 NORTH SHORE OR
NMCTONCA PROPERTIES INC
JMCS J OUWI
SEE4 »nRTH SHORE DR
ORONO MN SSSn
SR 0R-U7«n 41 0015
OSSSO 'NORTH SHORE OR
ROV R NEXKTER
PERN NEXKTAR
5t4 E 4YTH ST
XNBLEHOOO CA 40S01
S 0S-117>tS 41 0016
C 4 NORTH SHORE OR
S ES (JWXNA CORP
R <«JS HARXNA CORP
SS44 NORTH SHORE OR
NAYZATA m SRSn
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SR 00-117>23 41 OOlS
0SSS2 NORTH SNORE OR
S RAMOERO A H 8CH0CNEHAN
S E RAtCERO S H J SCHOENEMAN
BIOS NOOOLAMI OLVO
MPLS m 55417
SR 0R-117-2S 41 0014
0SS42 NORTH SHORE OR
PHYLLIS R SPRAGUE ET AL
PHYLLIS R SPRAGUE
SS42 NORTH SHORE OR
NAYZATA m 55S91
TOTAL BATCH 004 00007
REPORT NO. PAGE P14SS40I9
SR OR-117>2S 41 0014
OSSSO NORTH SHORE DR
JAMES J DUNN
JAMES J OUMI
5224 NORTH SNORE OR
ORONO MN 55591
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SR 0R-117-2S 41 0017
0SS44 NORTH SHORE OR
GAYLES MARINA CORP
GAYLES MARINA CORP
SS44 NORTH SHORE OR
NAYZATA Ml S5S91
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AMI TRl*
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE REOMOS
OF THE HENNEPIN COUNTY DEPARTMENT pF PROPER TAHAnON«.TO THE/^ST
OF MY RN0HLE06E AND RELIEF.
DATE /mimL
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in r.ot 8, "Lydiard's Park’
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November 13.1991
(IICW ! 5 1991
Me. Jean Mabus'
Zoning Admir’«5*''«tor
City ofOrono
1335 S. Brown Road
Ciyetal Bay, Minnesota 55323
RE: Variance Request
"Olson Property7Sprague
Dear Ms. Mabusth
We have no objections to the proposed improvem •- ts to the "Olson property" as
proposed by the Spragues-provided that the hcase is painted on the exterior,
the fallen smokestack is removed from thw loof on the east side, and all debris is
removed from the yard in the spring within a reasonable time--and provided that
no commercial business is condjcted from the building.
Any improvements to the existing structure will help return a little of the
residential quality that has been sorely missed for several years.
Sincerely
Marcia Schoeneman
3332 North Shore Drive
Orono
Sandra Ramberg
3332 North Shore Drive
Orono
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T Zoning File 11703 November 12r 1991 Page 2
As already noted above the majority of the affected property
owners have petitioned for the total vacation of the unimproved
right-of-way. The Public Works Director has reviewed the area
and has confirmed that no existing municipal sewer lines or
public drainage ways exist within the unimproved right-of-way.
John Gerhardson has asked for a 10' drainage and utility easement
in exchange for the City vacating the right-of-way.
Review staff's sketch Exhibit J of the drainage and utility
easements to be acquired by the City pending final resolve of the
underlying fee ownership of tne 20' width. Under no condition
shall the City vacate any portion of the right-of-way unless an
appropriate drainage and utility easement is granted by the
underlying fee owner.
Staff Re datlon
To approve the vacation petition of Edwin and 'iracee Gibbs
and Helinda and Ross Brown for the vacation of Clara Avenue as
originally platted in the plat of Loma Linda finding no further
public purpose in the 20' dedicated right-of-way. Based on the
following findings:
1. Owners to assume portions of vacated right-of-way are
to provide appropriate drainage and utility easements
to the City. The City shall provide the appropriate
resolution vacating the dedicated right-of-way but each
property owner will be responsible for creating the
appropriate instrument to update either their
certificate of title or abstract.
The vacation application will not be presented before
the Council until the matter of underlying fee
ownership is confirmed for the City.
is-
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Zoning File #1703
December 3t 1991
Page 3
Additional Comments and Planning Commission Recoamendation
Additional Exhibits
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Gronberg letter dated 11/21/91
Section Map 7-117-23
Section Map 8-117-23
Dedication Language Loma Linda Plat
Plat of Loma Linda
The owners of the property to the immediate west of Clara
Avenue* review Exhibit C, were present to once again advise of
their desire to acquire the 10' of right-of-way. The Planning
Commission advised that the vacated right-of-wai would revert to
the original underlying fee owner and that it would be the
responsibility of the applicants to provide this confirmation
prior to scheduling before the Council. Normally the City would
have no interest in the resolve of underlying fe*» ownership. The
City is only concerned as to the fee ownership as it relates to
the granting of future drainage and utility easements.
Please refer to Exhibits K through O. Applicants' surveyor
has provided confirmation confirming underlying fee ownership.
The vacated right-of-way shall revert to the property owners to
the east (Brown & Gibbs). The City will ask for drainage and
utility easements along the west 10' of the vacated right-of-way.
The City has received no further comment from the Knoxes on this
matter since receiving the surveyor's information.
In response to a request of the Knoxes (property owners to
immediate west) City will not vacate the most southern 15' of the
right-of-way providing access to the southern portion of their
property via dedicated right-of-way.
The Planning Commission recommended unanimous approval of
the vacation application and amended the original request to
exclude the southern 15' of Clara Avenue. The enclosed
resolution approving the vacation has been drafted per the
Planning Commission's recommendation.
A RBSOLOTION VACATING
AN UNDEVELOPED PORTION OP CLARA AVENUE
WITHIN THE PLAT OP LOMA LINDA,
(SECTION 8, TOWNSHIP 117, RANGE 23)
HENNEPIN COUNTY, CITY OP ORONO, MINNESOTA
PILE NO. 1703
WHEREAS, the City of Orono i& a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, on October 28, 1991, Edwin J. Gibbs and Tracee Gibbs
filed a petition with the City of Orono requesting the vacation of portions
of an unimproved right-of-way )cnown as Clara Avenue originally dedicated in
the plat of Loma Linda and legally described as follows;
That part of the 20' wide Clara Avenue as dedicated in the Plat
of Loma Linda, Hennepin County, Minnesota, which lies south of
the westerly extension of the north line of Lot 31, Loma Linda
and which lies north of the westerly extensior of the north line
of the south 15* of Lot 20, Loma Linda (Sectio.”' 8, Township 117,
Range 23), Hennepin County, Minnesota; and
WHEREAS, after due published and posted notice, a public hearing
was held before the Planning Commission on November 18, 1991, regarding
said vacation and all interested persons were given an opportunity to be
heard; and
WHEREAS, after due standing and consideration, the Planning
Commission voted to recommend approval of the requested vacation and the
Council of the City of Orono finds that said vacation, as proposed, is in
Iceeping with the public interest and consideration of the following
findings:
1. Existing 20* width of right-of-way would not meet current
standards for development of a public road.
2. Based on the pattern of development within the Loma Linda plat,
there is no need for a right-of-way for access purposes.
Page 1 of 2
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N01l» THBRBFORB BB IT RBSOLVBD, that the petition of Edwin J. Gibbs and Tracee Gibbs is hereby granted by the Council of the City of
Orono and that the unimproved right-of-way legally described above is
hereby vacated. Granting of the petition is subject to the following
condition:
1.Upon vacation, and before this vacation is filed with Hennepin
County, the benefiting property owners shall grant to the City
easements for drainage and utility purposes 10' along the west
side of the 20' vacated right-of-way.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held _ _ _ _ _ _ _ _ _» 19_ _ _ _.
Barbara A. Peterson, Mayor
ATTESTED BY:
Dorothy M. Rallin, City clerk
STATE OF MINNESOTA )
} S8.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of December 1991, by Barbara A. Peterson & Dorothy M. Rallin,
Mayor a City Clerk of the City of Orono, a Minnesota municipal
corporation and said Instrument was executed on behalf of the City.
Notary Public
Page 2 of 2
iitr ViTiit ri
'7tS>
CITY OP ORCNO - GZNESAL LA2TO US2 APPLICATION
PROPERTY LOCATION
1135Site Address r)ma Li n(k Av^ lud
Property Identification Hunter (P.I.D.) 0^' I 11'
Please attach legal description to application if not included
on required survey. _ _
applicant
Name
Address
Phone (home ) 2. ~
Edwin 0- •^TrCl(j6C GibbSphone rwork) ?) • -------
iMfir ^IQTB In.______ City Mound _ Zipj)5^(i^_
UNNER (if different than applicant)Phone (homt'
Name Cfet
Address 1155
MnHineQU
L •JIW jncvi
Phone 4--73-30QO
City rironn fin
Date PropettJCJcquired Q ~ ^ I- - - - - - --—
I (do) ™_no^ also own the adjacent _*
(month/year)
PEES — CONDITIONAL OSE PERMITS “
RAnAwal Pee - 1/2 Current Fee
After-the-Fact Fee - Double Current Application Fee
S 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 £f OTM
FmHC£ OFFICE 13S020000C
01 CEH 250.00CHECK' Jl 250.00
Grading and
retaining'wLhin 7S- of laKe.horeldA7S.f
PRD/PID - see fee schedule
OT3 f' v:APPLICATI
$200.00
$250.00
$175.00
$ 50.00
$250.00
$100.00
Commercial Site Plan Review (+ consultant fees)
Vacation
Easement Vacation ,
Easement Vacation With Subdivision
Rezoning (PUD - refer to fee schedule)
Appeals
vr V --------^
Other - see fee schedule
r/wry '
PRBSE21T US5 OF PROPERTY
Present Zoning Districi:
Present Use of Property Residential
Owner (scecifv)
OBSCRIPTION OP REQUEST
Describe request in detail:
REQUIRED SUBMITTALS
1. Completed Application Form.
2. 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).
3. Plat Map.
4. Certificate of survey (signed by a licensed surveyor).
5* Topographic survey (existing and proposed contours) if land
alterations involve changes in elevation (grades).
6. Construction planr if applicable (see staff for requirements).
7. As an addendtun to this application, please attach a separate list of
any other persons you wish notified this application.
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.
Initials of Clerical Staff:_ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _
AFPLICABT'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
in review of this application, and certifies that the information supplied
is true and correct to the best of his/her )cnowledge.
Applicant’s signature Date
0NWB8 SIGMATURB
The.owner hereby acknowledges and a^ees to this application and further
authorized reasonable entry onto AAa property by City staff, consultants,
agents,' commission members, /Council members for purposes of
investigation and vepifijgation^^o^^.hjffi request. , ,
Owner's signature r,-*- v/Date
Applicant must havta a\Mhx^tAiftta\a into the City offices 25 days before the
Planning Ccsontsslnn IlKVinTf ^-Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Coujaission 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 advise the Building 6 Zoning
Office of this change prior to the meeting.
-tue fVdiDfTS lifg- -to he CLS
i t t-M»iViA nP hen’ll b/ -phe<pmfV.y4y CMlHeX^ i)t^(nf,\ ur—tjm mi l:
nP CXarOcr^ Ave. (^(sox/flrfVhnn
ktifc r.(4y oC Ororto d dmmcf^eJ^i- uim
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MM DATE 10/tS/n
BATCH 001
HEMttPIN COUNTY PHOPiHTY INFORHATION SYSTEM
TROPEATY OMCRS LIST
DMA ADDA
CBfCR NMK
TAXPAYER
NANE/AOOR
SB 07*-117-tS XA OOOA
DIDST LONA LINDA AVE
R A R RNOK
RAIPN D RNOK
1DE9 LDHA LXfBA AVE
HOUND m 853AA
PROP AODR
OIDMR NAME
TAXPAYER
NANE/AOOR
SB B8-117-CS XS OOlX
DIUD LONA UNDA AVE
N H DOCXNAMI ET AL N/L EST
NXLLXAH A DOCKNAIM
USB LONA LINDA AV .
NOUNO m- 5SS64
R %
PMIP ADOR
OMCR NAME
TAXPAYERp
h NAME/AOOR
um
■
«
ff..;.,:
\\i ■PM» AMM
OHNER NAME
Fv'-
TAXPAYER .
NANE/AOOR
SB 0B>lI7*tS XS DDIT
OllSi LONA LINDA AVE
JEFPREV L NARTINEAU
JErfREV L NARTINEAU
I1S5 LONA LMA AVE
NOUNDMI. B5364
SB DB-117-XS XS OOXX
DIDAl LONA LINDA AVE
JAR 8TRAININ9'
JANES A STRAININB
IDAS LONA LIND AVE
NOUND m BSSAA
PROP ADOR
OMCR NAME
TAXPAYER
NANE/AOOR
SB 0B>U7>XS ES ODXA
DllXt LONA LINDA AVE
ODDER L MLLIAie
ROOER L NILLIAHS
BIS SN UTN ST
NILLNAR Ml SAXOI
p:-fh-. ■
f
08-117-23 23 0010
William Bockmann
3422-Livingston Ave
Wayzata, MN 55391
08-117-23 23 0009
John Laschuk
1082 Loma Linda Ave
Mound«HN 55364
SB 07-117-XS 14 OOlX
0114S LOHA LINDA AVE
JEFFERY D JOHNSON ETAL
JEFF 0 JOHNSON
1145 LOHA LINDA AV
HOUND HN 55SA4
SB 0S-117-XS XS OCXS
01140 LOHA LINDA AVE
STANLEY H GOLDBERG ETAL
STANLEY GOLDBERG H D
7D19 TUPA DRIVE
HPLS HN 5S4SS
SB 08-117-XS XS 0020
011X7 LOHA LINDA AVE
K H HEBSTER ETAL
ALLEN A KATHY BAKKE
11X7 LOHA LINDA AV
HOUND HN 5SSA4
SB OB-117-23 XS 002S
OIOSS LOHA LINDA AVE
R C BRO»M ANA BROW
ROSS C A MELINDA A BROItl
loss LOHA LINDA AVE
HOUND HN 55SA4
TOTAL BATCH 001 OOOIS
08-117-23 23 0011
Louis Herman
3140 Chowen Ave So #105
Minneapolis, MN 55416
08-117-23 23 0008
Roger Mattson
1074 Loma Linda Pvet
Mound, MN 55364
REPORT NO. PI435401
PAGE 1
SB 07-117-23 14 0055
01034 LOHA LINDA AVE
RAJ HEGG
ROGER A HEGG
1034 LOHA LINDA AVE
HOUND Ft4 55SA4
38 OB-117-23 23 0018
0003B ADDRESS UNASSIGNEO
STATE LAND OEPT
CITY OF ORONO
STREET
6/19/70 ST DEED 1S6BSS |Ns:
M ■ A
36 06-117-23 23 0021
01119 LOHA LINDA AVE
H J A C J POLLARD
HILLIAH J A CAROL J POLLARD
1119 LOHA LINDA AVE
HOIMD HN 55364
<!^csue|
3B 08-117-23 23 0024
01038 LOHA LINDA AVE
R H SANDLER ETAL
R H SANDLER
1038 LOMA LINDA LANE
HOlRa HN 55364
=fcfc
08-117-23 23 0024
R W Sandler
1038 Loma Linda La
Mound', MN 55364
08-117-23 23 0025
C Douglas Holcombe
1040 Loma Linda Ave
Mound, MN 55364
08-117-23 23 0007
Robert Radunz
5505 River Bluff Cir
Bloomington, MN 55437
F MM DATE iO/»/n
bATCH 001
HEItCPlN COUNTY PROPERTY INPORHATION SVSTEH PROPERTY OHNERS LIST
08-H7-23 23 0005
Donald Ekeberg
1056 Loma Linda Ave
Mound, MN 55364
08-117-23 23 23 0012
William Bockmann
1130 liOma Linda Ave
Mound, MN 55364
07-117-23 14 0007
LaVonne Sorenson
1001 Loma linda Ave
Mound, MN 55364
07-117-23 14 0012
Jeff Johnson
1145 Loma Linda
Mound, MN 55364
07-117-23 14 0055 .
Roger Hegg
1034 Loma Linda Ave
Mound, MN 55364
07-117-23 14 0056
Lori Huinker
Gary Wollner
1030 Loma Linda Ave
Mound, MN 55364
07-117-23 14 0062
Richard & Charlene Gudmunsen
1160 North Arm Drive
Mound, MN 55364
!REPORT NO. PSAB5401 PAGE . t
08-117-23 23 0013/14
Stanley Goldberg
7019 Tupa Drive
Minneapolis, MN 55435
07-117-23 14 0013
Eugene Geyen
1155 Loma Linda Ave
Mound, MN 55364
07-117-23 14 0061
Timothy Bro
1140 North Arm Drive
Mound, MN 55364
1 CERTIFY THAT THE (ACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF TNFORKATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY OEPARTMENT OF PROPERjy T^TION, TO THE^KST
OF HY KNOHLEDGE AND RELIEF
OAT
EF. / /
C7
4
.M
In lifn
Ralph B. and Ruth E. Knox
1029 Loma Linda Avenue
Mound, MN 55364
Noveinber 8, 1991
City of Orono
Planning Commis^iun
1275 South Brown Road
Crystal Bay, MN 55323-0066
REFERENCE: Consideration of Application #1703, vacation
petition of unimproved public right-of-way known as Clara
Avenue, Loma Linda, Hennepin County, Minnesota.
Planning Commission Members:
As the owners of the adjoining property west of the subject
right-of-way from which a 10 foot strip was donated for the
purpose of developing Clara Avenue, my wife Ruth and I are
anxious to have this property returned to the parcel from
which it caae.
Informal incpiiries from time to time at the Village Office
led us to believe that a vacation petition would be more
favorably viewed if all property owners, both east and west
of the right-of-way, worked together to each reclaim ten
feet running along their property line. Ruth and I proposed
to our neighbors on the east that we thus present a ''solid"
front and also share the cost. However, our neighbors at
that time favored to take no formal action.
The land we wish to reclaim, through this or other
proceedings, is that which was separated from our property
to begin with. The previous owner who gave up the 10 foot
strip to the County now lives in the neighborhood. Please
reference the attached notarized letter from Myrtice Warnes
who recalls the event.
Not being familiar with vacation proceedings, and what
precedence has been established in such matters, we would
like to know if it is customary for the land to be returned
as in a situation like ours. Please contact us if you
require any additional information, or if there is anything
else we need to do before the meeting in order to reclaim
this land.
Respectfully
NOV 6
Myrtice Warnes
1025 Loma Linda Avenue
Mound, MN 55364
November 6th, 1991
To Whom It May Concern:
I wish to make known that the property now owned by Ralph
and Ruth Knox was first purchased by my father, Oscar F.
Dahl, on May 29, 1909 (Book 661 of Deeds, Page 497) ; and was
subseguently deeded to me, Myrtice Seeger the daughter of
Oscar F. Dahl, on June 30, 1951 (Book 627 of Misc., Page
320) .
To the best of my recollection, representatives of the
Village of Orono in the fall of 1955 told me they needed 10
feet of my property along my east property line to add to
land already acquired by the county.
The reason given me for the use of this land was to develop
^ proposed road to be named Clara Avenue. For this purpose
I willingly provided the needed 10 feet along my east
property line.
It is my wish that the 10 foot strip of land given by me for
the road that was never developed, be returned to the
present owners of the property from which this strip of land
was taken.
Sincerely,
Myrtice Wames
(Formerly Myrtice Seeger; Myrtice Dahl)
Myrtice Harnes signed before me a notify f?’’ Hennepin County
State of Minnesota Dated Novemeber 6, 1991
donna aHOHAN
iyjj
CERTIFIC SURVEY:^
FOR RALPH AND RUTH KNOX
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LEGAL DESCRIPTION;
The East 267.oo feet of the North 326.90 feet
Of the South 832.50 feet of the Northeast
Quarter of Section 7, Township 117,Range 23^
This survey subject to anY__ajld_a_l^_e^sen>i~~‘'~
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KIM A. REAUME
REGISTERED
land surveyor
612-542-9559
4IS 80PKINS CROSSSOAO
MUINETONKA, MINNESOTA
55343
I hereby certify that this survey,
THAT I AM A DULY REGISTERED LAND
SURVEYOR UNDER THE LAWS OF THE
STATE OF MINNESOTA.
DATE //»2^-90 REG. noT T9577
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?r KCOFFIN & GP.ONBERG, INC.
euRVEYINQ. ENOINtCniNO AND LAND PUANNINQ
A82-A TAMARACK AVENUE
LONG LAKE. MINN. SS39a
473-4141
November 21, 1991
Edwin & Tracee Gibbs
2614 Clair Lane
Mound, MN 55364
Dear Edwin & Tracee;
As shown on the enclosed copy of the plat of Loma Linda and the
half section sheets from Hennepin County, all of the dedicated
Clara Avenue is to the east of the Section line seperating Sec
tions 7 and 8-117-23. As shown in the dedication of the plat of
Loma Linda, Clara Avenue was dedicated to the public all out of
this plat and all in Section 8-117-23.
Thus, unless your neighbors to the west owned anything in Section
8 (whir‘‘ is very unlikely), they should not have a right to any
of vacated Clara Avenue.
Sincerely,
COFFIN & GRONBERG, INC.
Hark S. Gronberg, P.E. & L.S.
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Tot Mayor Peterson and City Council' ‘ ti ■9Ron Noorse^ City Administrator
Pratt
Datai
Sobjaett
\Jeanne A. Mabusth, Building & Zoning Administra^r ^
December 6, 1991
Christopher Smith, 3650 Casco Avenue
Request for Foundation Permit
List of Bshibits
A - LeGran Homes Letter , November 26, 1991
B - Letters from Adjacent Property Owners
C - Sketch of Average Lakeshore Setback Line
D - Plat MapE - Develofmient Packet-Site Plan, Elevations and Floor Plans
%
OescrlptioD of Beqoest
In the process of reviewing the building permit application,
it was detexmineed that an average lakeshore setback variance was
required. Review Exhibits C and D. Although the property to the
inediate west is platted with a 20* corridor to the lakeshore,
it still qualifies as a lakeshore lot and therefore subject to
the average lakeshore setback protection. The concern of the
property owner is the delay created by the fact that there are no
Planning Caaad.ssion or Council meetings scheduled for the last
two weeks of December. The Smiths have filed the required
variance application for review at the January 21, 1992 Planning
Commission meeting. The application will be Immediately
scheduled for review by the Council at the January 27th meeting.
It should be noted that had the Planning Commission held their
optional meeting on December 16th that the Smith variance
application would not have been renewed by the Council until
January 13th.
Please review Exhibit A. The property owner claims
construction difficulties and further delays and increased costs
because of the road weight restrictions in mid-March. Staff
would argue that because of the snow cover, frost depths have
been minimised this year. The major concern appears to be the
mature maple trees and the need to complete foundation and heavy
grading work during winter months to ensure trees' stability.
Applicants were advised that the earliest this variance
application could be presented before the Council was January
27th. The only variance sought by the applicant is the average
lakeshore setback variance. The previous house had existed
within the general vicinity of the proposed house. The adjacent
neighbors, review Exhibit B, have voiced no concern with the
proposed new construction plan. The applicant has asked for
special consideration of the Council in light of the time of
year. The owners ask that a building permit be issued only for
the foundation of the structure.
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3650 Casco Avenue
Page 2
December 6, 1991
It is not the policy of the City to issue building permits
for foundations only because of the possibility that the building
permit for the remainder of the house may never be applied for
and the City is left to deal with the potential hazards of the
foundation excavation* Applicants should be advised that at
of year to excavate a foundation requires special
preparation* The City would require the capping of foundation
with the first floor* the heating of the foundation and
backfilling around the exterior of the foundation. Applicant's
contractor had originally discussed merely placing hay bales to
protect pertinent areas of the foundation structure.
The applicant's contractor has advised that the Smiths are
both attorneys and are prepared to enter into an agreement with
the City to agree to remove said foundation if the average
lakeshore setback variance is not approved by t^e Council.
would recosmend that appropriate security be posted to ensure the
removal. As an additional safeguard to the City, «taff would ask
that the agreement include a disclaimer that if building
construction is not proceeded with by April 1, 1992 that Bald
g^ipucture would have to be removed by a deadline date of April
IS, 1992.
Optlcma of Action
A.Approval* Approve applicant's special request and direct
the City staff to issue a building permit for a foundation
only. Said foundation shall be capped, heated and
backfilling completed along exterior foundation walls.
Owners to execute an agreement where they would agree to
remove said foundation if City Council denies the variance
application to the average lakeshore setback and further
agrees that if a building permit for the remainder of the
residence has not been issued by April 1st that said
foundation shall be ronoved by April 15th. Said agreement
is to be accompanied by a Letter of Credit at 150% ““f the
cost to remove foundation. Building permit for the
foundation cannot be issued until the agreement has been
i^^Yl^^ed and approved by the City Attorney, executed by
owner and Letter of Credit submitted to the City.
OR
B.Denial. Applicants are advised to work with the building
to assure that all information has been supplieddepartsMnt —--------- -----------
to coa^lete the building permit application for the complete
residence structure* The City Council will review the
variance application on January 27, 1992 and a building
permit can be issued on January 28th, if Council approves
the variance and applicants have agreed to all conditions of
that approval by executing the approval resolution.
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O M E S
November 26, 1991
RE:REQUEST FOR FOUNDATION PERMIT FOR CHRIS & MARY SMITH
RESIDENCE ( 3650 CASCO AVENUE I WHILE SMITHS ARE IN APPLICATION
FOR A VARIANCE TO BUILD THEIR NEW HOME
With regard to the above-referenced property, LeGran Homes, Inc.
is requesting that a foundation permit be granted by the Orono
City Council at this time. Standard procedure would have us
appear first before the Planning Commission, but because their
December 17, 1991 meeting has been cancelled we are coming
directly to the City Council with this urgent request.
The following reasons outline the problems which will be faced if
the foundation permit is not granted at this time:
A.If construction cannot begin in early December, we will
be faced with some of the worst frost depths in the last
ten years, due to no snow cover and very wet soil
conditions.
B.If construction cannot begin until February 11, we will
be faced with both the frost problem and road
restrictions. The road restrictions, typically beginning
in early March, will stop the construction process for
6-7 weeks, costing the Smiths approximately $6000 - $7000
in increases.
In addition to the morietary problems, there is a greater
concern about the 300 year old maple trees on the
property. The Smiths have spent 6 months and several
thousand dollars to woi*k the construction around these
trees. If the heavy part of the construction process is
not completed by March 15, there is an increased
possibility of damage to the trees, due to the frost
coming out. Obviously, the trees are important to the
Smiths, and we assume they are also valued by their
neighbors and the City of Orono.
We appreciate your consideration of this matter, and hope you will
take these points into consideration as you address this issue.
Sincerely
J/6hn Schulties
President, LeGran Homes
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... 1521 94th Lane N.E. Blaine, Minnesota 55434 (612) 780-5756
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20 November 1991 1 T ; *
i 2 2 1991
ll»]tMr.MikeGaffi
Asiittant Zoning Administrelor
City of Orono
Box 66 Orysial Bay Road
Orono. Minnesota 55323
Re: Variance for Building Pennit for
Christopher and Maty Smith at 3650 Casco Avenue
Dear Sin:
We are the ownen of the property at 3630 Casco Avenue, the property adjacent to the referenced
proper^ on the south and west sides.
We have reviewed the proposed location of the house to be built on this site. The house is
pwpotfd to be located ^)proximaiely twenty feet from the north property line (aligning with the
north wall ot die existing house) and a minimum of twenty-two feet from the southwest property
Hiift. This is five to six feet northeast of the location originally shown on the site plan.
A sketch of die proposed location is enclosed.
We fed dial diis ixoposed location will not adversely affect our property or views of Lake
hOnnelooka. and that it will nunimize damage to the large trees existing on the site. We have no
ol^jection to this location.
We encomage you to grant an average lake setback variance to the Smiths for the house at this
loe^tdwi and allow them to proceed immediately with construction. Building during the winter
mottdis will lessen the impact of construction on the trees.
Sincerely.
Peter Gramuider
Dale: nMi
Kerry Graffunder
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November 22,1991
Ci^ of Orono
Box 66
Crystal Bay, MN 55323
ISWj 2 5 1991
Attn: Mr. John Gerhardson
Re: City of Orono
Lift Station No. 11 Renovation
Our Ffle No. 13959
Dear Mr. Gerhardson:
Attached is Pay Request No. 2 for Lift Station No. 11 Renovation. All work has been
completed and the Lift Station is on line with the new control panel.
We are still the 5% retainage until Northwest Mechanical submits the O & M Manuals
and IC-134 Forms for this project
We recommend the City approves this pay request. If you have any questions, please call.
Youn very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC
Dai^ Kirschenman
DKdi
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29IS WHt Mghwsy Si • St. Paul. Mfontseta S5IIS • 612-636-4600 • 35tti Arurtvefsary
• «
City of Orooo, 13‘t Brown Road, Ciyital Bay, MN 55332 Dale November 22, 1991
October 31.1991 to November 22, 1991
Northwest Mechanical, Inc^ 432 Mill Street Boa 40, Long Lake, MN 55356
REOUF5T FOR PAYMENT
Lift Station No. It Renovation
File No. 13959
I SUMMARY
1^ 1 Contract Ai
L*
3 Cfcange Order • Deduction
4 Reviaed Ctontract Amount
$ Vyue Compleled to Date
« Material ou Hand
7 Aawunl Earned
t LeaaRclain^ 5%
f Sab>Tolal
111 AMOUKT DUE THIS REQUEST FOR PAYMENT NO.
.7
llMOMMMled for ADpfovri by:
1^ ANDERUK A ASSOCIATES, INC
AMtOMd bv Cootractof:
-mirniwi rr MECHANICAL, INC
Approved by Owner
CITY OP ORONO, MN
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"" OcMber 31,1991
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Date:
48JOOOJ10
Mill
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1 Hm total price for tlw lift italion
renovatioo to indade the removal of
editiiig equipment, piping, controls,
and aceemories; imtaDation of a
concrete top slab w/acccttbatch; she
fanproeenMnia: electrical irork; painting
and other adac. items spedfietl
Total Work Completed to Date
48,000.00 1 I I III I-48.1
S48.000J00
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Mayor and City Council
Ron Moocse, City Administrator
//
December 5, 1991
Deferred Compensation Plan Versus FICA for Non-PERA
Employees
A Federal law (OBRA) effective 7/1/91 required all public
employees not eligible for a pension plan to be placed on FICA
(Social Security). This law generally affects those employees
who are exempt from PERA membership including seasonal employees
and those part time employees who earn less than $5,200 per year.
This could also include CounciImembers who have decided not to
join PERA.
The law provides for a public employer to use a deferred
compensation plan as an alternative to the FICA requirement*
This option must be exercised by December 31, 1991. In order to
exercise the option the City must have an OBRA compensation
program in place. This program included a deferred compensation
plan and guidelines for participation.
The advantages of the deferred compensation plan option are two
fold:
1. The City does not pay FICA tax on these employees.
2. The eligible employees who generally are hired on a
short time basis pay 7.5% of gross pay into a deferred
compensation plan rather than paying the FICA tax.
The deferred compensation contribution is refundable at
termination of employment. The FICA tax is not refundable.
These two advantages taken together reduce the City's effective
seasonal employee cost by 6.3% while increasing the effective pay
rates for seasonal employees by the same percentage. Although
the cost savings to the City would not be great at the current
seasonal staffing level the number of seasonal and temporary
employees may increase substantially in future years.
If the City selects the deferred compensation option it has
significant flexibility regarding which employees will be
eligible and whether to give employees the option of choosing the
deferred compensation versus PICA. The Council may choose to
make the deferred compensation plan optional for CounciImembers.
It is recommended > the deferred compensation option be
mandatory for all eligible employees other than the
CounciImembers with the exception of those who, because of other
legal restrictions, cannot participate in a deferred compensation
plan. i.e. Those who are already contributing at the maximum
deferred compensation level.
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Th« action required is to authorize an OBRA deferr-.i compensation
plan and program. It is recommended that the (•'^ited Statesplan and program. It is recommended that the (•'^ited States
Conference of Mayors Deferred Compensation Plan be used for this
purpose because there are no administrative or set up fees in
this plan. This is an important consideration because of the
turnover in seasonal emolovment.
was * V ^Aissse a as e 9 e <9 «stfl ^
turnover in seasonal employment
I realize this is very short notice for Council actioor however»
the window of opportunity closes on December 31, 1991 and
December 9 is the last Council meeting of the year. Please call
me or stop in on Friday or Monday so that I can explain the legal
requirements and options to you.
)
A RB8OL0TION AOTMORISIIIG THB ONITBD STATES CONPBRBNCfe OF MAVORS
(U8CH) DBPBRRBD COHPBMSATIOM PROGRAM TO IMCLODE ALL CITY OF ORONO
BNPLOTBBS, TO BRABLE THB PROGRAM TO BE OS ED AS AN OPTIONAL
PENSION PLAN FOR ORONO ”OBRA* EMPLOYEES
WHEREAS, the City Council of the City of Orono adopted
Resolution 3029, A RESOLTUION AUTHORIZING PARTICIPATION IN THE
UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM
(Exhibit A); and
WHBRBA8, the City Council of the City of Orono has
considered offering this Deferred Compensation Program to all
eligible City employees and elected officials pursuant to federal
legislation permitting such plans as an alternative pension plan
for **OBRA” employees; and
WHBRBA8, certain substantial tax benefits could accrue
to employees and elected officials participating in said Deferred
Compensation Plans; and
WHBRBA8, such benefits will act as incentives to Cit>
employees to set aside and invest portions of their current
income to meet their future financial requirements and supplement
their City retirement and Social Security (if applicable), at no
cost to the City; and
WHEREAS, the U.S. Conference of Mayors has established a
master prototype deferred compensation program for cities and
political subdivisions permitting its member cities and their
employees to enjoy the advantages of this program; and
WHEREAS, the guidelines for participation in the program
by "OBRA" employees will be set out in a separtate "OBRA"
alternative pension plan program, and
WHEREAS, the U.S. Conference of Mayors, as Plan
Administrator, agrees to hold harmless and indemnify the City,
its appointed and elected officers and participating employees
from any loss resulting from the U.S. Conference of Mayors or its
Agent's failure to perform its duties and services pursuant tc
the U.S. Conference of Mayors Program;
HOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Orono:
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(1) The City Council hereby adopts the U.S. Conference
of Mayors Deferred Compensation Program and its
attendant investment options and hereby establishes
the City of Orono Deferred Compensation Plan for
the participation of all eligible City Employees
and elected officials; and
(2) The City Administrator or his designee are hereby
authorized to execute for the City^ individual
participation agreements with each said employee
requesting same, and to act as the "Administrator”
of the Plan representing the City, and to execute
such agreements and contracts as are necessary to
implement the Program. It is implicitly understood
that other than the incidental expenses of
collecting a.iU disbursing the employee's deferrals
and other minor administrative matters, that there
is to be no cost to the city for the Program.
(3) The Mayor and City Clerk are hereby authorized to
execute the necessary documents to allow the City
of Orono to authorize its Deferred Compensation
Program with the United Sta^.es Conference of Mayors
to incl'^de all city employees, to enable the
progra < < be used as an optional pension plan for
Orono "ObtvA" employees.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held December 9, 1991.
ATTEST:
Barbara A. Peterson, Mayor
Dorothy M. Hallin, City Clerk
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DATS:
Mayor and City Council
Ron Moorse^ City Administrator
December 5» 1991
*N
SUBJECT: Extension of Contract With Strgar-Roscoe-Fausch for
Engineering Consulting Services
In mid 1991 the City contracted with Strgar-Rosco<^-Fausch to
provide consulting services concerning the Highway \2 corridor
study. The contract specified a maximum expenditure of $7,000.
This maximum has been reached.
It is important that when the draft scoping document is prepared
the City has assistance in responding to it so that the final
scoping document addresses the city's interests and concerns.
SRF has indicated additional services related to review of the
draft scoping document, attendance at meetings where the document
is presented and discussed and related technical assistance could
be provided for a cost not to exceed $5,000.
It is recommended that the city enter into a contract with SRF
for additional consulting services for a cost not to exceed
$5,000.
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STRGAR-ROSCOE-FAUSCH, INC
CONSULTING ENGINEERS
mSSFORTATIONR CIVIL ■ STRICTURAL ■ PARKING ■ LAND SURVEYORS
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J. AttMd >Mtin9« including Policy end Technical Cowittee
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DATS:
Mayor and City Council
Ron Moorse, City Administrator
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December 4# 1991
SUBJECT: 1992 City Meeting Schedule and Calendar
I have attached a proposed 1992 City Meeting Schedule for Council
review and adoption. The Park Commission has again selected the
first Monday of each month as its meeting except for the months
of Mayr Juner July and August when they will meet on the first
Tuesday of the month. Although the Planning Commission has not
taken official action concerning its 1992 meeting scheduler the
Planning Commission date continues to be shown as the third
Monday of each month.
An additional item related to the 1992 calendar is the
designation of the floating holiday. The resolution explaining
the floating holiday is attached. It is recommended the Council
designate Thursdayr December 24th as the 1992 floating holiday.
This will provide for a holiday on Christmas Eve and a 4 day
weekend for the Christmas holiday.
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Q ■»:00 P.M. Council Meeting 2nd ( 4th Monday
1992 OROHO CITY HEETIH6 SCHEDULE
Adopted
O?:00 P.M. Planning Conunission 3rd Monday
(May through October 1st Monday
as an alternate date)
7:00 P.M. Par)c Conunission
X Official Holiday
1992 ^
JANUARY APRIL
s M T W T F S
X 2 3 4
j A 7. s 9 ion
i3 16 17 Id
lfXfp22 23 24 23
29 30 31
S M F S
3 4
to It
14 13 16 17 18
m 22 23 24 23
28 29 30
FEBRUARY
S M T W T F S
I
2 3 4. 3 6 7 8
MAY
JULY OCTOBER
5 M T W T F S
12X4
S Af r IV r F s
12 3
3 <5)A 8 9 to it 4 (3> A 7 8 9 tO
t2B2t4 t3 t6 17 Id llEJld t4 t3 16 17
19® 21 22 23 24 23 t8^20 21 22 23 24
26E2 2d 29 30 3t 23^27 28 29 30 31
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AUGUST
S M T W T F S
1
NOVEMBER
S M T W T F
~67 i a 9 2®A5 6 7 8 8 t2 H14
9 Ifflll I'ailH t}\l0lJil2J^ 14 IJ 16 9 igil 12 19 {4 {{ 15<S>I7 18 19 20 21
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“DM
DECEMBER
S M
MARCH JVNE I SEPTEMBER
S M T W T F 5 S M T w T F S SMTWTFSISMT ^ ^ ^ *
f A I 9 5 6 7 <2>A 3 4 3 6 A 2 3 4 3 a ^ ^ ^ , f 4.
a TO III n 12 tl 14 7 B 9 to tt 12 13 6 X<S> 9 to It t2 6 A S 9 10 11 12
IfS>J7:i» 19 30 21 I9@16 17 10 19 2o|lJia^lO 17 10 19 19 015
29 90 91 20 29 90 m 2930 27 2d* 29 30 31
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GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2996
h RB8OL0TIOII FORNALLT JUX>PTING
AOMINI8TBATIVB MID P8R80IINBL POLICT CHANGES
TO THE FLAM 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
require adoption of such a policy by resolution.
HOW, THEREFORE BE IT RESOLVED, that the Administrative
and Personnel Policy revised 1/28/91 be amended as follows:
The City shall observe the following
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 s^ter 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.
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-- ••iGlTYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2996
Adopted by the City Council of the City of Orono at a
£0gtiiac Council meeting on July 22# 1991 •
ATleST:Barbara ^Peterson#Mayor
ollin# City Clerk
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DATS:
Mayor and City Council
Ron Moorse» City Administrator
X. ^
December 4« 1991 %
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SUBJECT: 1992 Appointments
Attachments $1.
2.
3.
Resolution Designating Appointments for 1991
Resolution Amending the 1991 Appointments to
Reflect the Acting Administrator and the New
Police Chief
Proposed Resolution Designating Appointments
for 1992
Each year the City Council adopts a resolution designating
selected appointments for the coming year. Changes in
appointments for 1992 are generally related to the new City
Administrator and the new Police Chief and are as follows:
Representative to AMM - Ron Moorse
Legislative Liaison to Amro - Ron Moorse
Auditor - Malloy, Karnowski & Co.
Emergency Preparedness Director - Stephen X. Sullivan
Southwest Sanitary Sewer District - Ron Moorse
Suburban Health Nursing Service - Ron Moorse
Suburban Rate Authority - Alternate - Ron Moorse
Minnesota Police Recruiting System - Stephen X. Sullivan
Alternate - Ron Moorse
West Hennepin Human Services Planning Board
• Dale Woodbeck
• LaDean McWilliams
- David Use
Hennepin Emergency Communication Organization
- Ron Moorse
Alternate - Stephen X. Sullivan
North Tonka Crime Prevention - Stephen X. Sullivan
(5/9/93)
Highway 12 Appointments;
Policy Committee - J. Diann Goetten (Alternate)
Technical Committee - Nary Butler (Alternate)
Please review the proposed appointments. The resolution will be
presented for Council adoption at the January 13, 1992 meeting.
A RBSOLOTION DESIGNATING SELECTED APPOINTMENTS
FOR THE TEAR 1992
BB IT RB80LVBD, by the City Council
the appointments and designations for
of the City of Orono, Minnesota that
the year 1992 are as follows?
APPOINTMBNT/DBEIGNATIOH
Acting Mayor
Planning Commission Rep. to Council
Park Commission Chair
Representative to Lake Minnetonka
Conservation District
Representative to Association of
Metropolitan Municipalities
Legislative Liaison AMM
AMM Legislative Contact
Lead Attorney
City Attorney Firm
Alternate Attorney
Lead Engineer
City Engineering Firm
Auditor
Fiscal Agents
Insurance Agent of Record
Official Newspaper
Official Depositories/
Investment Vendors
1992
Edward Callahan, Jr.
Alternate
Richard Flint
JoEllen Hurt
Ron Moorse
Ron Moorse
J. Diann Goetten
Tom Barrett
Popham, Haik, Schnobrich,
Kaufman and Doty
William Soth, Dorsey & Whitney
Glenn Cook
Bonestroo, Rosene, Anderlik
and Associates
Malloy, Karnowski 6 Co.
Ehlers & Associates
Duweyne P. Carlson
Apple Valley Insurance
The Laker and Pioneer Newspaper
First National Banks of:
The Lakes (Navarre)
Wayzata
Minneapolis
St. Paul
Wayzata Bank & Trust Company
Marquette Bank, Min*ieapolis
American National Bank 6 Trust
Company of St. Paul
League of MN Cities - 4N Fund
Norwest Bank Minneapolis
Twin City Federal Savings &
Loan
Piper Jaffray 4 Hopwood, Npls
Dain Bosworth, Inc., Mpls
Prudential-Bache, Mpls
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aPPOIHTHBIiT/DBS IGNATION
Official Depositories/Continued
Investment Vendors
Weed Inspector
Assistant Weed inspector
Transportation Committee
Emergency Preparedness Director
Eoutliwest Sanitary Sewer District
Suburban Health Nursing Service
West Hennepin Recycling Commission
Hayor*s Association
Suburban Rate Authority
West Tonka Senior Citizens
Minnesota Police Recruiting System
West Hennepin Human Services
Planning Board
(2 Plus Alternate)
Building Code Board of Appeals
Development Committee
p.'m.Hennepin Emergency Communications
Organisation
1992
Maryland Nat'l Bank^
Baltimore^ MD
Franklin Savings Bank,
Ottowa, KS
North Fork Bank 6 Trust Co,
New York
Commerce Bank, Virginia Beach
Virginia
Hon Fed Bank, FSB, Costa Mesa,
California
Connecticut Bank & Trust,
Hartford, CT
Columbia 1st Bank, FSB,
Arlington, VA (Wash D.C.
Branch)
Chase Manhattan Bank,
New York, NY
Barbara Peterson
John Gernhardson
John Gerhardson
Stephen X. Sullivan
Ron Moorse
Ron Moorse
John Gerhardson
Barbara Peterson
John Gerhardson
Ron Moorse (Alternate)
Barbara Peterson
Stephen X. Sullivan
Ron Moorse (Alternate)
Dale Woodbeck
LaDean McWilliams
David Use
Steve Anderson, Mtka Fire Insp
Tom Anderson, Hopkins Building
Official
Maureen Bellows, AlA Architect
Jim Hanson, Builder
Theodore Paulfranz, Sdina Fire
Chief
Public Works Director
City Engineer
Building 6 Zoning Admin.
Ron Moorse
Stephen X. Sullivan
(Alternate)
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ArP01HTiaiiTA>BS IGHATION 1992
north Tonka Crime Prevention
Coalition Board of Directors
Stephen X. Sullivan
(5/9/93)
Barbara Peterson (5/’9/93)
Highway 12 Appointments:
Policy Committee
Technical Committee
Cltiaens Committee
Barbara Peterson
J. Diann Goetten (Alternate)
John Gerhardson
Mary Butler
George Johnson
Eleanor Winston
John Massopust (Alternate)
Adopted by the City Council of
fting held _ _ _ _ _ _ _ _ _ _ _
the City of Orono, Minnesotar at a regular
Barbara A. Peterson, Mayor
ATTEST:
Dorothy N. Hallin, City Clerk
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City of OROINO
RESOLUTION OF THE CITY COUNCIL
NO. 2919
lOLOTXOH OSSX6S&TII96 SELECTED APPOZMlflEIITS
FOR THE YEAR i991
Bl XT IS80LVSD by the City Council of the City of Orono, Minnesota
that the appoincaenta and designations for the year 1991^ are as
f ellowaI
Ef!P0IB..«iSHT/IIISI6EaTZ0H 199\^
Acting Mayor
ill
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Vlanning Coaaiasion Rep. to Council
Vark CoHiission Chair
Raprasantative to Lake Minnetonka
Conservation District
Raprasantativa to Association of
Metropolitan Municipalities
Xiagislativa Liaison AZlM
ANM Legislative Contact
Lead Attorney
City Attorney Pirn
Edward Callahanr Jc.
Alternate
Richard Flint
JoEllen Burr
.1
Alternate Attorney
Lead Engineer
City Engineering Firm
Auditor
Piseal Agents
Insurance Agent of Record
Official Newspaper
Official Depositories/
Investment Vendors
Fi:
J. Diann Goetten
Tom Barrett
Pophaa^ Baik, Schnobrich,
Kaufman and Doty
William Soth, Dorsey & Whitiey
Glenn Cook
Bonestroor Rosene, Anderlik and
Associates
Pannelli Kerei Fesotee •,Co
Lnlers £ Associates
Duweyn P. Carlson
Apple Valley Insurance
The Laker and Pioneer Newspaper
First National Banks of:
The Lakes (Navarre)
Wayzata
Minneapolis
St. Paul
Wayzata Bank £ Trust Company
Marquette Bank, Minneapolis
American National Bank £ Trust
Con^any of St. Paul
League of MN Cities - 4M Fund
Norwest Bank Minneapolis
Twin City Federal Savings
Piper, Jaffray £ Bopwooa,
‘ .t-Dain B' orth, Inc., Mpls
Pruden ^1*-Bache, Mpls
£ Loan
Mpls.
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City of OROINO
RESOLUTION OF THE CITY COUNCIL
NO.-.019
k d
IPPOIRTHT/toESICMATIOH
Official Depositorias/Continued
XnTsstaaat Vendors
I lleed Inspector
^"luisistant Weed inspector
transportation Coasittee
■nerpency Preparedness Director
$€ tbwest Sanitary Sewer District
• «arban Health Nursing Service
i W t Hennepin Recycling Commission
lt«or*s Association
^fllbttrban Rate Authority
Maryland Nat’l Bank, Baltimore, M’j
Franklin Savings Bank, Ottowa, TvS
North Pork Bank & Trust Co, New York
Commerce Bank, Virginia Beach, vA
Hon Fed Bank, FSB, Costa Mesa, CA
Connecticut Bank a Trust,
Hartford, CT
Columbia 1st Bank, FSB,
Arlington, VA (Wash D.C. Branch)
Chase Manhattan Bank, New York, NY
Barbara Peterson
John Gerhardson
John Gerhardson
west Tonics Senior Citizens
mnneaots Police Recruiting System
West Hennepin Human Services
Planning Board
(2 Plus Alternate)
Building Code Board of Appeals
;|)eveloi»ent Committee
pennepin Emergency Communications
r Organisation
John Gerhardson
Barbara Peterson
John Gerhardson ^ ^ ^
Barbara Peter- n
Dulloo Chlrf
Gary Cheswick (Alternate)
/^LaOean McWilliams
/ David UseUiotseiKsr (Alhesnite)
Steve Anderson, Mtka Fire Inspec.
Tom Anderson, Hopkins Bldg Offic.
Maureen Bellows, ArCA Architect
Jim Hanson, Builder
Theodore Paulfranz, Edina Fire Ch.
Public Works Director
City Engineer
Building S Zming Administrator
Hash Bsenhardaen-
f.w
(Alternate)
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) ■-City of ORONOi-i
RESOLUTION OF THE CITY COUNCIL
NO. 2919 _________
APTOZaiMBN 7/toB8I6HATI0N 1991
*%J U-1
re«ee Chi^ (5/9/93)
Barbara Peterson (5/9/93)
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North Tonka Crime Prevention
Coalition Board of Directors
Highway 12 Appointments:
Policy Com^ttee Barbara Peterson
atkfc^*^J*>»aajfag|e Dernhaedaew
Technical Committee John Gerhardson
Cltlsens CoBusittee George Johnson
Eleanor Winston
John Massopust (Alternate)
(Alternate)
at a
Barbara A. Peterson, Mayor
, City Clerk
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■mifm
RESOLUTION OF THE CITY COUNCIL
NO. 3012_ _ _ _ _
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A RSSOLOTIOH AMBMDIliG RBSOLOTIOH #2919 DBSIGMATIHG SBLBCTEO
APPOINTNEHTS FOR THE TEAR 1991
BB IT RBSOLVBD by the City Council of the City of Otono»
Hinnosota that the appointments and designations for the year
1991 be amended as follows:
APPOZHTflBliT/DBSIGHATIOM 1991
Representative to Association of
Metropolitan Municipalities
John R. Gerhardson
l^gisla^ ve Liaison AMM John R. Gerhardson
lergency preparedness u Stephen X Sullivan
Minnesota Police Recruiting o;^stem Stephen X. Sullivan
Gary Cheswick (Alternate)
Highway 12 Appointments:
Policy Committee Barbara v^terson
Mary Butler (Alternate)
Adopted by the City Council of the City of Orono, Minnesota, at a
^•gular meeting held August 26, 1991*
ATTEST:
Ed^^ j. CayrahanT
Acting Mayo^
Ze
allih. City ClerK
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DATE:
Mayor and City Council
Ron Moorse^ City Administrator
December 4, 1991
SUBJECT: Joint Powers Agreement for Prosecution Services
I have attached the Joint Powers Agreement between the City of
Minnetonka and the cities of Orono, Minnetrista and St.
Bonifacius for provision of prosecution services. This is a two
year agreement. The fee will be $30/000 in 1992. This fee will
increase in 1993 by the percentage increase granted by the City
of Minnetonka to members of its AFSCME Union for 1993 wages.
It is staff's recommendation that the agreement M approved.
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JOINT POWERS AGREEMENT
FOR PRC3ECUTI0N SERVICES
This agreement is between the City of Minnetonka
("Minnetonka") and the cities of Minnetrista, Orono, and St.
Bonifaciua (sometimes collectively referred to as "Cities"), all
of %rhlch are Minnesota municipal corporations with the power to
cooperatively exercise municipal powers pursuant to Minn. Stat.
1471.59.
1. Purpose. Each of the Cities and Minnetonka have the
power and responsiblity to prosecute criminal matters within
their respective jurisdictions. They wish to provide for the
exercise of such prosecutorial powers by Minnetonka on behalf of
the Cities. Each of the Cities has previously contracted for
prosecution services with private sector law firms but believes
that contracting with one city to provide these services will be
more economical and/or efficient.
2. Provision of Services. Minnetonka shall provide all
of the personnel, office space, and supplies necessary to
prosecute the criminal offenses for which the Cities are
responsible, including enforcement of the cities' codes of
ordinances. In addition, Minnetonka will provide legal advice
and training to the Cities' departments which have law
enforcement and code enforcement duties. All personnel
providing these services will be Minnetonka employees, and
Minnetonka will be responsible for all employment matters
related to these employees, including employee benefits,
workers' compensation, and unemployment compensation. When
hiring any attorney to perform these services, Minnetonka will
include a representative from each of the cities, at their
option, in the interviews of the finalist candidates. On
occasion, Minnetonka may subcontract for assistance from
attorneys who are not Minnetonka employees. Mxnnetonka will
provide the identities of these individuals in advance to the
Cities. Personnel provided will consult with the Cities'
elected and appointed officials regarding policy and guidelines.
3. Pees. The Cities will pay the following fees to
Minnetonka for calendar year 1992:
Minnetrista
Orono
St. Bonifacius
$20,000 per year
$30,000 per year
$ 7,000 per year
For calendar year 1993, these fees will be increased by the same
percentage increase granted by Minnetonka to members of its
APSCME union for. 1993 wages. The fees will be for all of the
serviems described 'n paragraph 2, except that each City will be
responsible for ail costs of any appeal, excluding Minnetonka
personnel costs. Before pursuing any such appeal, Minnetonka
Must receive approval from the city Administrator or City Clerk
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of the affected City. "'he fees will be paid in advance, on a
quarterly basis beginning December 31, 1991. Minnetonka will
notify each City in writing after the 1993 percentage increase
has been determined. If this notification occurs after January
1, 1993, each City will have 30 days after the notice to
reimburse Minnetonka for the increase retroactive to January 1,
1993.
4. Term. This agreement shall begin .Tanuary 1, 1992, and
conclude December 31, 1993, unless Minnetonka is unable to hire
and train sufficient personnel to provide these services by the
commencement date. In the latter event, the annual fee to each
City will be decreased proportionately. Minnetonka will
commence the provision of services no later than February 1,
1992.
5. Termination. Any of the Cities may terminate this
agreement if Minnetonka fails to perform the services provided
in paragraph 2 above by giving 60 days advance written notice of
termination to all of the other parties. Each City will not be
responsible for paying fees during any time that Minnetonka
fails to provide it the required services. Minnetonka may
terminate the agreement if any of the Cities fails to pay the
fees due within 60 days after Minnetonka notifies the City in
writing, with a copy to the other Cities, of the delinquent
payment. At Minnetonka's option, termination by any party voids
the agreement as to all parties, upon 60 days advance written
notice from Minnetonka.
6. Renegotiation. After July 1, 1993, the parties will
analyze the fees to determine if they accurately reflect the
costs incurred by Minnetonka in providing prosecution services
to the Cities and are appropriately allocated between the
Cities. The parties agree to negotiate in good faith a
potential extenr^on of this agreement with or without a revision
in the fee structure.
7.Exchange Data The Cities will provide all
information, data, and reports necessary for the prosecution
services, including police reports and arrest records, to
Minnetonka without charge. The parties will cooperate with each
other in every way possible to assist in the provision of these
prosecution services.
8. gonfIdantlalltv. Minnetonka will maintain the
confidentiality and privacy of documents which the Cities
provide, in accordance with the Minnesota Data Practices Act.
9. Indemnity. Minnetonka will indemnify and defend each
of the Cities against all claims arising out of Minnetonka's
performance of the services specified in paragraph 2 above.
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10* Tnauranea. Minnetonka vill obtain professional
liability insurance to cover each of the Minnetonka employees
providing the services under this agreement.
11. ^mmnOmmn^. This agreement may be amended only in
tnriting signed by all of the parties.
12. Motlees. All notices required or permitted in this
agreement and required to be in writing must be given by first
class mail addressed to the relevant City at its city Hall.
Date:CITY OF MINNETONKA
Its Mayor
And
Its City Manager
Date:CITY OF MINNETRISTA
Its Mayor
And
Its City Administrator
Date:CITY OF ORONO
Its Mayor
And
Its City Administrator
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Dat«:CITY OF ST. BONIFACIUS
Its Mayor
And
Its City Clerk
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12491.1
TO:
FBOH:
DATS:
Mayor and City Council
Ron Moorse, City Administrator
December 4, 1991
SUBJECT: 1992 Nonunion Employee Compensation Adjustments
Attachments: 1.
2.
3.
4.
Memo Concerning 1992 Wage and Insurance
Adjustments
Proposed 1992 Compensation Resolution
Compensation Plan Step Eligibility for 1992
Proposed Compensation Schedule for 1992
Each year the Council makes an adjustment to the Compensation
Schedule and to the city's contribution toward health insurance
as part of its pay plan. Based on the information in the
attached memo on wage and insurance adjustments it is recommended
the Council adopt a resolution which incorporates a 3% general
pay schedule adjustment. It is also recommended that the City
contribution for family health insurance coverage be increased
$20.00 per month from $231.00 per month in 1991 to $251.00 per
month in 1992.
The pay schedule includes three public works employe«»s, Ste ^
Hansen^ Dale Skreen and James Gregory, whose pay levels be t
limited due to the City’s efforts to comply with the reg. .eroents
of the pay equity law. These employees have had theit oise pay
increases limited in recent years through the use of lump sur
payments versus increases to the base pay rate. In 1991 when
other staff received a 4% general pay increase these employees
i^oceived a 1% base pay increase and a 3% lump sum payment. For
1992, because these employees are still above the pay level
indicated by the pay equity requirements, the recommendation for
their pay is a 0% increase to the base pay rate and a 3% lump sum
payment. Because these employees received a 3% lump sum payment
in 1991 the result of the 3% lump sum payment in 1992 will be a
0% actual increase.
To provide an actual increase in pay would require a 1% increase
to the base rate in addition to a 3% lump sum payme't. Taken
together the base pay increase plus the lump sum amount would
equal 4%. This amount is in total a higher percent than the
ganeral increase provided to other employees in 1992. To provide
this higher percentage increase would undo what was accomplished
by the lump sum increases of prior years. Although the use of
lump sum payments in lieu of base pay increases does not
immediately affect total pay, tb® end result is that total pay
increases are significantly reduced. When the general rate of
pay adjustments falls from one year to th» next, total pay levels
are frozen. This is the situation we are in with these employees
in 1992.
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DATE:
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Mayo^ City Council
Ron Mootse, City Administrator
Hovember 22, 1991
SUBJECT: 1992 Wage and Insurance Adjustments
X-
The proposed 1992 wage and insurance adjustments are based on the
following criteria:
A. Wage Adjustment Criteria
1, Cost of living increase
a.) US consumer price index: annualized increase
from October *90 to October *91 is 2.9%.
b.) Minneapolis/St. Paul consumer price index:
annualized increase from the first half of
1990 to the first half of 1991 (July *90 to
July *91) is 3.1%.
2. Market comparison
a.) The average increase for 14 comparab. « cities
is 3%.
B. Insurance Contribution Adjustment Criteria
1. 1992
coverage)
insurance premium increases (fami1 y
Pla'^
1991
Premium
1992
Premium
Dollar
Difference
Percent
Difference
Group Health $321.46 $356.76 $35.30 11.0%
PHP/Medica $340.00 $399.50 $59.50 17.5%
Ned Centers $357.20 $389.35 $32.15 9.0%
A) The averagepremium increase is $42.32 per month.
B) 50% of the average increase amount is $21.16 per month *
C) The majority of staff are on PHP (presumably because it was
ifch# l#ast expensive alternative to Group Health)* The $59*50 per
month increase has now made PHP the highest cost plan.
STAFF RECOMMENDATION
The initial budget estimate for general salary increases was 3%.
The insurance contribution was not specifically estimated because
of the volatility of insurance rates in recent years. The city s
policy concerning annual insurance contribution adjustments has
to split the average increase on a 50/50 basis. This policy
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has enabled the city to respond to the large premium increases
while continuing to control expenditure increases. If premiums
continue to increase by double digit percentages in future years
the need to control expenditures may require employees to assume
a larger share of the cost increase.
Based on the criteria identified above the recommendation
regarding 1992 wage and insurance increases is as lollows:
A. Wages: 31 increase
B. Insurance: $20.00 per month increase ($251.00 per
month!
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
K BBSOLOTION NO.
OTABLISHIMG SALARIES FOR CITY BMPLOTBES FOR 1992
El IT RBSOLVBD« by the City Council of the City of Ocono,
Minnesota that Initial salaries and wages for City employees be established
as follows* effective January 1* 1992:
NAME POSITION
Ron Hoorse
Dorothy Hallin
Stephen Sullivan
John Cerhardson
Jack Ecinkhaus
TtMMMS Euehn
Joanne Mabusth
Nlobael Gaffron
Lyle Oaan
Ronald fteffenhagen
Stamen ifeckaan
Linda Vee
Carole Haaenan
Son Robslne
Wayne Qaast
Steve Hansen
Dale Skceen
Janes Gregory
■arry Rathbvn
Rar 0*Erlen
SCO . Oberalgoor
Gragory Falaer
Charlotte Snutson
Linda Walters
•moo Tang
Carol Hanaing
Janie Eosna
Ricky Earnlts
David Gonan
David Nelson
Jani.^ lannsn
City Administrator
City Clerk
Police Chief
Public Works Director
Public Works Supr.
Tress/Finance Direcw>' *
Zoning Administrator
Asst. Zoning Administrator
Building Offici’^i
Golf Course Supervisor
On Site Septic Manager
Deputy City Clerk/Admin Sec.
Secrstary/Recorder
Police Secretary
Public Works Supr. I
Street Dept. LEO
Street Dept. LEO
Public Works Maintenance
Pn^lic Works Maintenance
’ic Works Maintenance
\c Works Maintenance
1 lie Works Maintenance
Oepty Trsas/Sr. Acet. Clerk
Asst. Finance Director
Field Inspector
Asst. Pol.ee Secretary P.T.
Copy t Pile Clerk I P.T.
Police Officer* P.T.
Community Service Officer P.T.
Community Lurvics Officer P.T.
Clerk* Police P.T.
Foot Hokest A.)* B.)
1991 SALARY 1992 SALARY
$53*000.00 (9/1/92 Review)
31,181.00 $32*117.00
49,000.20 (2/1/92 Review)
47*599.00 49*027.00
39*595.00 40*783.00
53*250.00 54*850.00
45*332.00 46*692.
36*198.00 37*284.00
36,198.00 37*284.00
31*224.00 32*117.00
26*019.00 26*800.00
10.786/Hr 11.109/Hr
10.187/Hr 10.492/Hr
11.984/Hr 12.344/Hr
16.137/Hr )6.622/Hr
12.665/Hr 12.665/Hr B.)
12.665/Hr 12.665/Hr B.)
14.110/Hr 14.110/Hr A.)
12.795/Hr 13.179/Hr
12.795/Hr 13.179/Hr
11.516/Hr 11.861/Hr
il.516/Hr 11.861/Hr
11.994/Hr 12.344/Hr
13.899/Hr 14.316/Hr
14.991/Hr 15.441/Hr
I0.l87/Ht 10.< 2/Hr
9.549/Hr 9.836/Hr
10.042/Hr 10.343/Hr
5.304/Hr S.463/Kr
6.249/Hr 6.436/Hr
6.839/Hr 7.044/Hr
uled and worked
September 15 and
15)
A.) $.42/Hour* B.) 9.38/Hour
EE XT F3RTHER RESOLTBO* that mileage for City use of private cars
City business be reimbursed at 9.275 per mile.
Adopted by the City Council of ttio City of Orono* Minnesota at a
isgolac meeting held December 9* 1991.
RTTESTt
5oBoiby h. Haiiin* city cietk
12991.12(9S)
Barbara A. Peterson, Mayor
t
12691.1
1992 COMPENSATION PLAN
STEP ELIGIBILTT’'
Compensation Current
Level StepPosition
Persons Employed/Promoted Since Plan in Effect
ligible
Step
City Administrator
On-Site Septic Manager
Oepnty City Clerk/
Admin. See.
Seereta ry/Reco rde r
Public Works Maint.
Public Works Maint.
i^olice Chief
Patrol Of£icer/PT
4
5
1
2
2
1
2
(.85) 1
2
3
3
2
3
3
3
(96 1
A TTAci(/!!s7LT'3
Revievr
Date
9/01/92
7/13/92
4/23/92
9/09/92
5/21/92
10/72/92
2/01/92
4/06/92
211:3.6 (50)
?.ev. 3/25/91
I
P
grouping
I
5
6
8
9
POINT RANGE
44 - 47
48 - 51
52 - 55
56 - 59
60
65
64
68
69 - 73
74
79
78
83
10 G OG O1GO11 89 - 100
12 101 - 110
13 111 - 124
CITY OF ORONO
COMPENSATION PLAN
APPE3IDIX B
POINT GROUPINGS
mid point
45.5
49.5
53.5
57.5
62
66.5
71
76
81
86
105
117.5
t^rrPc{j-nt(rryC
POSITIONS IN GROUPING
CSO
Laborer
Clerical I
Clerical IT
LEO
HEO
police Secretary
Sr. Accounting Clerk
Deputy Clerk/Secretary
Recorder
Public Works Maintenance
Patrol Officer
On-Site Septic Manager (E)
Asst. Finance Director
City Clerk (E)
Golf Course Supervisor (E)
Building Inspector
public Works Supervisor I
Asst. Zoning Administrator
Building Official (E)
(E)
Lieutenant (E)
public Works Supervisor II (E)
Building/Zoning Admin. (E)
Public Works Director (E)
Police Chief (E)
Finance Director (E)
City Administrator (E)
(E) - Exempt
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cm OF ORONO
CGMPENSATION PUUt EXPECTED PERFORMANCE LEVEL^1992
LEVEL STEP
I
1 9.77B
2 9.289
3 9.886
4 10.492
5 11.202
6 12.168
7 13.125
8 14.128
9 15.236
10 16.666
11 19.081
12 22.414
13 26.562
STEP STEP STEP
11 III IV
9.295 9.811 10.327
9.836 10.382 10.929
10.468 11.049 11.631
11.109 11.726 12.344
11.861 12.520 13.179
12.884 13.600 14.316
13.897 14 669 15.441
14.959 15.791 16.622
16.133 17.029 17.925
17.647 18.627 19.607
20.203 21.326 22.448
23.733 25.051 26.370
28.124 29.687 31.249
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CITY OF OROMO
COHPENSATION PLAN
EXPECTED PERFORMANCE LEVELS
PART TIME REGULAR POSITIONS
1992
LEVEL STEP STEP STEP STEP
Clerical I
(L2/SII Max)
$ 8.360 $ 8.852 $ 9.343 $ 9.836
Police Secy
(L4/SI Max)
$ 8.918 $ 9.443 $ 9.967 $10,492
Patrol Officer
(L6/SI Max)
$10,343 $10,951 $11,560 $12,168
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12591.2 /?
TO:
FROM:
DATE:
Ron Moorse/ City Administrator
Tom Kuehn, Finance Director 'fTAA.f^•
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December 5, 1991 </>
SUBJECT: Authorization to Disburse City Funds for Claims Received
ISSUE - Authority to disburse City funds for claims for payment
received between the December 9th Council meeting and the
December 23rd cancelled Council meeting.
DISCUSSION - This month we have only one Council meeting/
scheduled for Monday/ December 9th. The second Council meeting
would normally be held on Monday/ December 23rd, but has been
cancelled in line with previous years practices. We will have
the next scheduled Council meeting on Monday, January 13, 1992.
Me therefore are requesting authorization to do a normal check
writing for the cancelled Council meeting. This practice has
been done in December each year with the Council then formally
approving the claims at the first meeting in January of the
following year.
TO:
FROM:
Mayor and City Council
Ron Moorse, City Administrator
Forwarded recommending approval.
PROPOSED MOTION - Moved by _, seconded by
City Treasurer to disbuse City funds in
to authorize the
payment of claims
received for the December 23rd Council meeting, which has bean
cancelled and that such paid claims are to be presented at the
January 13, 1992 regular Council meeting for formal approval.
Ayes , Nays
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TO:Mayor and City Council
FROM:Ron Moorse# City Administrator ^£c
DATE:December 5# 1991
SUBJECT:1991 Interfund Transfers and Loan Payments
Attachment: A. Finance Director's Memo Dated 12/5/91
ISSUE
Approval of end of the year transfers between funds.
INTRODUCTION
At the end of each year the Council is requested to formally
transfer monies between funds. These transfers fall into two
categories;
a.) Budgeted Transfers - Items designated in that years
budget when originally adopted. These require formal
fund transfer to implement.
b.) Fund Obligations - Loans and payments from one fund
to another to reimburse expenses incurred by one fund on
behalf of another. This is generally for City portions
of special assessments.
RECOMMENDATION
Recommend approval
PROPOSED MOTION - Moved by _, seconded by _, that the interfund
operating transfers# loan payments and special assessment
payments on City property be approved as presented# effective
December 31# 1991. Ayes _, Nays _.
. ■ .1.
TO:
FROH:
Ron Moocse, City Administrator
Tom Kuehn, Finance Director •
DATE:December 5, 1991
80BJBCT: 1991 Interfund Transfers and Loan Payments
At the end of each year it is necessary to transfer monies
between certain funds for the purpose of providing support as
nr' fr\T rianavmant- of ontstandina loans« as scheduled.
Detween certain lunas ui. ptuviuiuy
budgeted or for repayment of outstanding loans, as scheduled.
The necessary transactions for 1991 are listed below.
FUNDS
FROM AMOUNT
General Inp & i>.”Uip Outlay $60,750.00
Water Operating Sewer Operating $ 2,932.00
General 1985 Imp Bond
Debt Service
$ 5,910.00
Permanent Inprove
Revolving (P.I.R.)
General $16,309.76
General P.I.R.$ 1,980.00
General Permanent Improve
Revolving (P.I.R.)
-0-
PURPOSE
Annual operating transfer
for capital equipment, new
and replacement as budgeted.
Budgeted loan payment
(princ $2,443, int $489)
for water tower
refurbishing - payment #10
of 11 - balance o/s
12/31/91 $2,443.
Budgeted payment, 6th
installment of 15 for
special assessments for
sanitary sewer on City
owned property in Crystal
Bay (princ $3,080, int
$2,830). Balance o/s
12/31/91 $27,695.
Transfer of 1991 special
assessments col lected to
repay monies borrowed for
Co. Rd. 15 street light
project. Balance o/s
12/31/91 $60,621.90.
Payment 2 of 5 for City
share of costs of Woodhill
Ave. street improvement
project (princ $1,494, int
$486). Balance o/s
12/31/91 $4,484.
No amount was budgeted for
payment 4 of 10 for City
share of costs of Co. Rd.
15 street improvement
project. Bal o/s 12/31/91
$154,000.
It is requested that the foregoing transfer, loan and special
assessment payments be approved effective December 31, 1^91.h'-
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Ron Moorse, City Administrator
John R. Gerhardson, Public Works Director
December 2t 1991
Subjectt RECYCLING BID AWARD 1992 s .®*5?
Oft.Oflt,On November 20, 1991 bids were received and opened for^^Ti^
providing curbside recycling services for 1992.
Bids were received from rolka Dot Recyclers of Buffalo,
Minnesota and BPI. Following are the bids:
Polka Dot Recycling
BPI
$48,600
$84,886
The low bidder. Polka Dot, currently provides curbside
recycling for $40,680 per year. After reviewing the Impact of
the increase, I may or may not recommend an increase in fees to
the resident.
KecoameBdetiOBt To award the 1992 curbside recycling to
Polka Dot Recyclers of Buffalo, Minnesota for an amount of
$48,600.
Proposed Motions _ _ _ Moved _ _ _ 2nd to award the 1992
curbside recycling to Polka Dcr Recyclers of Buffalo, Minnesota
for an amount of $48,600.
Isv
TO:
FROM:
Mayor and City Council
Ron Moorse, City Administrator
Forward to Council with a recommendation for approval.
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TO:
PROH:
DATS:
Mayor and City Council
Ron Moorse, City Administrator
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December 4, 1991 %
%
SUBJECT: 1992 Contracts With the City of Long Lake for Pol ice and
Fire Service
As directed by Council, staff has worked with the City of Long
Lake to develop new contract language for the Police and Fire
service contracts. The new language principally addresses the
issue of penalities for late payment.
1. Interest penalty for late payment
2. Termination for late payment.
I have attached copies of the proposed 1992 Police and Fire
service contracts with the new language underlined. It is
staff's recommendation that the Council approve *’-^e contracts as
proposed.
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jkORESNBVT AMD COHTRACT FOR LAN ENFOACENCNT
TRZS AGREEMENT AND CONTRACT mads and antarad into thia
day of_ _ _ _ _ _ _ _, 19_, by and batwaan tha CITY OP
WONO, Ninnaaota, and tha CITY OP LONG LAKE, Mlnnaaota, la mada
undar a*^d by vlrtua of Kinnaaota Btatutaa 1965, Saction 471.59.
WITNT8SSTHI
VKERZA8, tha City of Long LaXa ia daairoua of contracting
with tha City of Orono for tna parformanea of law anforcanant
aarvieaa within tha City of Long Laka; and
VH1RIA8, tha City of Orono ia agraaabla to randar law
anforcamant aarwicaa on tha tama and conditiona haralnaftar
aat forthI and
miBREAS# a contract auch as this ia authoriiad undar and by
vlrtua of tha proviaiona of Minnasota Btatutaa 1965,
Saetion 471.$9.
MOV, TKllllPORBi tha City of Orono agraaa that it will
nrowida law anforcamant aarvieaa for tha City of Long Laka on
tha following tasma and conditiona and tha City of Long Laka
agraaa aa followst
1. fma. For tha pUTpOSa Of this
Agraamant, tha taxaa in this aaction shall hava tha maanings
^van to thorn.
"Contract Yaar" aaans a 12 month pariod during
which law anforcamant aarvieaa ara to ba randarad orA.
vara randarad to tha City of Long Laka by tha City of
Orono. Tha Contract Yaar shall eommanca on January 1
and taminata on tha naxt Daeambac 31.
B. "Contracting Citiaa" maana any city which ia a
party to this contract or a similar contract which by
ita tarma is intarralatad with thia contract for tha
purpoaaa of datarmining total coat for tha Contracting
Citiaa, which ara Orono, and Long Laka, and Minnatenka
Baaoh, and Spring Park.
C* "City of Orono Police Budget" shall inoluda all
praliminary astimatad and actual
tha PoXica Dapartmant of tha City of Orono for a givan
Contract Yaar, including but not limitad toi
1.All inauranea coats including PBRA, 0A8Z,
VorJears Cempanaation Liability.
2. All salarias, fringe benefits, ovartima.
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3.All coats of equipment and apparatus
acquisition and maintenance.
4. All non-proaecution conaulting feea.
5. Holiday and aeverance pay.
6. Unamploymant benefits paid
7. Utilitiea.
8. Telephone service.
9. Gasoline and oil for police cars.
10. Books and periodicals.
11. Hearing apparel and bedding
12.
13.
Officer equipment
Rental costa or estimated fair market rental
value of building.
14.All other expenses normally and reasonably
incidental to the operation of a ten
officerr Chief Included, police department
IS.Administrative overhead charge of 10% of all
of the above costs.
16.Contract charge of 6% of the net budget (budget and aministrative overhead clurge
lese town aid credit) divided among the
contracting parties excluding the City of
Orono.
e. The designation *Orono - Long Lake -
Bpring Park Police Department-* shall be
affiaed to the aide of all police cars used by the Orono Police
2. sufcHa
Xianetonka Beach -
inserted in the appropriate telephone directories nay be
distributed in the Contraoting Cities. If another city
contraota with the City ot Orono for service, its name maj •l*^
be added to the above.
3, ft# The level of services rendered to
2.
City of Long Lako. Thoao officara will respond to all
neeoaaacy ealle within the Contracting Cities^ but their
priority will be the City of Long Lake.
There shell be four additional officers# identified as
individuals# who when on duty shall be stationed within the
City of Spring Park. These officers will respond to all
neoessary calls within the Contracting Cities, but their
priority will be the City of Spring Park*
4. Saapnnaihiiitv. The law enforcement
■•rvioes rendered to the City of Long Lake shall be under the
sole direction of the City of Orono. The degree of services
rendered# the standards of performance, the hiring and . .
discipline of the officers assigned, and other matters relating
to regulations and policies, shall remain in the control of the
City of Orono* However* the Police ^ief of the City of Oroiw
Pfgfgmf- Any disputes between the parties to this
agreement as to the eatent of functions and duties to be
rendered hereunder, or the level or manner of performance of
such service# shall be resolved by the City A^inistrator of
the City of Orono. if the City of Long Lake resolution, the City of Long Uke nay appeal within thirty days
upon written notice of the resolution to the City of Crono
asking for arbitration, as providedJUbiliilstrAtos? o£ thm City of Orono thnll tubiRit to tho City of
XiOAO Lnlco A Bionthly roport of iorvicoi xondorod to th® City of
Long Lake as well as suggestions regarding any changes that may
be nelpful.
These reports will consist of copies of Bxireau of Criminal
J^prehension Criminal Justice information summaries for law
enforcement services rendered within the City of Long
These reports shall be sent within seven (7) days of receipt by
the City of Orono.
5. Joint IdYiaory CQjMli;Ui>appoint two volunteer members to a Joint fdvUory
tne name of sueh appointees shall be furnished Orono Administration. These swsibers shell be voting residents
of fsf‘h community* The Joint Advisory Cosmittee shall be
voting residents of each community. The Joint Advise^
Coamdttee shall meet the third Wednesday of each month to
disouss and mshe recommandations# hear all evidence and
arguments it deems relevant and shall malM written
reeemsMndatieas for solutions of the problems raised to the
City A^Onistrator of the City of Orono and the city wuncils
of the Contracting Cities. Any recommendations siade by the
Committee shall be advisory only.
3.
g. nffir.mrm. Wmolava ot City Qf QroilQ. Officor*
Mtiontd to duty in th« City of Long L«k« ■h*ll be police
offlcsri o£ tho City of Orono which City ihAll
obllgotloni with rogard to workori conpeniation,
aonloymaAt to any officer aaalgned to duty within the City of
Long La3co unleea the City of Long Lake employe officera directly. Independent of thla egreenent, to provide epecial law
onforeement services in the City of Long Lake. In auch event,g.2i^‘SS^4‘5»S:V!2irJtS.‘?,=K “
Without first obtaining written approval of the City
adiiiniotrator of the City of orono which approval shall not be
unreasonably withheld
7.Enforcement policies within the
City of Orono shall prevail as thess^S’SLi! 5??^ MSS's*:»rJi??:<"£^LSS?
The City of Orono officers assigned to duty within the City of
Long LM shall enforce that City's ordinances.
nevigay to
assigned duty
appointed police officers of that city.
10. oifiaiiA. All offensss shall be charged in accordance
with the ordiaancee of the contracting city offense oeeurred *. each ease possible, otherwise, the charge
shall be made in accordance with the laws of the state of
Hianesota or the laws of the federal govemstent.
11. wwifiatian. This Agresiient shall remain in full
force and effect from January 1, 1992, until December 31, 1992.
Xn the event that the City of Long Lake
igresBient prior to the emplration^of the_ term set Y*
idth or without ———cause, the City of Long Lake agrees to pay toentreordinary '
;Shiii ‘ihS ‘»Sis: s th. City 2* ~such tesmiaetioa; said costs inelude but are not limited tossasTSiJrasas; ssss.;'
4.
CUT., occ.tion.d ^
sfMi s-!Sif
quality of iti ehoico.
SSbirS SiiSh M iSi^S-n?: th. ».tt.r .h,Xl b. iubBlttjd to
•rbltrotlon •• ptoviood in barograph 15B of thla Agraanant-
vohieloi andparxoxn uno aarv&cvp wn^vit ---------Osono than provida tha naeaiiaxy aquipnant and- -"w..tha City of £ono Laka ahall provida any naeaaaary auppllaa auch
aa tlekat booka and foraap vnlch nuat ba ipacifically prlntad
for tlia City of Lonp X«aka.
13.L.t2l^XiJM ig liMka_ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -Y Qg ^_ _
2XSrk
and amployaaa.
14, waaijmiAif^aga. Haadquartaxa for tha aarvicaa randarad
bo tha City of Long Laka undar tha Agraaaiant ahall ba loeatad
at offieaa ownad or laaaad by tha City of or
eitiaana of tha City of Long Laka hitithar is F«-®« " othar Biaana of ooniBiunication» Sarvicaa ahall ba randarad
to tha City of Long Laka on a 24-hour baaia.
13, rM 1^0 *hm ritv of Long Lakt.
A._ _ _ _ _ _ _ for and in conaidaration of
randition oTl. inforcanant aarvicaa undar thia
Agraaaantp tha City of Long Laka ahall pay total
baaa eoata dataminad by tha formula p aa
illuatratad balovp for aach Contract Yaar.
s.
fr
V
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rOWCUXA FOR RLLOCRTZOV OF COSTS
BUOOtT SUM 2992
EZMZBZT R
(to bo dotomlnod)
OlOhO
LOSS
LAO
KTIA
beach
B9tZN0
9AU
tOTALI V116IT
FopulAtloa
2 of ToUl
foilllt Appliod
ABAOM VolttOtiOft
S of Soul
ft. Appliod to
Totol
Miltf of loodo
2 of fotol
ft. Appliod to
SotAl
Am (iq. Miloo)
2 of Totol
ft. Appliod to
Total
Coopooito 2
Totol of folgbtt
6 •
BUI r.i -t ^ ^.J
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0XSTII2BUTX0V OF COSTS
CXTY or OBOMO fOLXCB DCPMTMBIIT 1992
OBOBO - LOBO XJUCB - NSKB BBBCB - SPBIBO BABB
(to b« dstsrminsd)
TOTAL OtOMO
LONO
LAXI
HTKA
UACX
srtXHO
9A»
Coapotita I
Applitd to All
last Itidstt
lOX Ada. r««
‘^AL
Torn Aid
C9 S 1,990)
9 oflieari
Total
(BIT Tova Aid)
OoBtvaet Char|«
eoatvaet Charga t
Total laao Coat
•
Add'l Offieara
Coat
Taos Aid
(7 s 9,900)
Bit Tam Aid
SoBtraet Cha«|o
Total Adda Othora
SIABD TOTAL
7.
iMMiM ....J
Th» ftctori o£ th« formula shall ba deflnad aa followi*
■i*
to oach Contract Yaar from tha than moat raca
ulation
1, prior
racant
HitropoUt«n Council '• MtlMto oxcopt in ■
nax whon thoco it • now eontonouo flguxo owailoblo bjr
Mguot lot, than that flguz* ahall ba uaad
..........- rnrtractlna Ciati *h*i!Ki:a ^aiattSi! et :Seh eonylStlS 1. y td
?SS!SiSS dSaTOl s. tha official fHuta. of tha
Hannapin County Attaaaor'i oapartmant.
i0h Cl tng eitvt Tha llnaar
mfiSs nf rnadtT **gaa^*f highwayii avanuaa. t^roughfaraa, and othar public waya of a contracting
citypoll ea, aa dat
by a gv4liflad anginaar
o» aumiBt ISth of aach yaar during which thla contract Mnrin a«a«, tha City of Orono
oontxaeting city fMh*iaar^Sar'anfcvBflt Taar. On Saptaobar ISth of aaen yaax
Clty^of orono ahall notify aach contracting city of
tha aatiaMtad coata for tha naxt Contract Taar* Tha
coat .hall b.4yi^4-gi on Joiiuory 1# April ly July i# *110
Octobar i of tha naxt Contract Yaar by tha contracting
city to tha City of Orono.
B a^itratlfla* if tha contracting city ia
aaariavad by tha dataminatlon of tha city of
raMlDt of tha City of Orono'• audit. Said
appaal ahall ba in writing and
to^ City of Orono aaking forBeard of Arbitration. Tha Board of Arbitration
ahall oonalat of thraa Moonai on# to M
appointad by tha City of Orono, ona to ba
tha third to ba appointad by tha two ao aolooMO.
Tha naaa of aach ubiUMOc ^
wcitiao to tho othar party, lo tha awaattwt
tha two arbitrator, ao aalactad do not appoint
^ SSrTirbitrator within 15 day. altar r«:.lpt
8.
c.
o£ written notice of appointment firet two arbitrators/ the Chief Judge of the
Dietrlct Court of Hennepin County ehall nave
juriadiction to appoint, upon application oi
either the City of Orono or the appealing
contracting city, the third .Board. The third arbitrator eelected ahall not
a reeldent of either contracting city, and
ahall be a city manager or admlnlatrator. The
arbitrators' eapenaea and fees, together with the
other expense, not Includ^g counsel fees,
incurred in th® conduct of tho nsbitmtlon# ■hall
b« divided •qudlly b«tir««n th* pwtlM to th*
•rbltntlen. Arbltrition ■lull bo c^uetod in
aceordanco with tha unifosn Arbitration Act#
Chanter 572 of the Minnesota Statutes, and any
decision shall be rendered within 60 days of
appointment of the thlf* arbitrator. Said
arbitration ehall be binding on both parties.
EarsgoSS gg;. rtSi*i?oiic2iSd,« o?s5f in'"
to aasure that any contracting city is not
subsidising the others.
Therefore, the City of Long
?2uSii2r*SS2ir5w*o«!h*cSiit?oet
2Si'2^iiS'c22!rKS;S“SiSJ 2lt!?R25"g «
of the total Police Budget, net oi town aid, as
illustrated on Bxhibit B, Section 15A.
The City of tong Lake understands and agrees that
it is impossible to project with complete
police depertaent budget for the ® JS2 aTear and will submit to the City of tong ^ke a
Bunary of said costs. The actual costs set
forth for the prior Contract Tear may result in
9.
D.
•ith«r A credit or a debit applied to the
eatinated contract charge to the City of Long
Lakef whether or not contracting city if
third end fourth quartere from the eatimated
iLttSSir.»ihTMtlSitld eontt«ct eh«t9* for current
year by adding one-half of the debit to each of
the third and fourth
. .................. .................1 Manoaireg. The
coat of nSitional manpower above the baae coat
oontraot to the City of Long Lake ahall be
determined aa followai
ell offieera divided by the number o
officera timea the number of apecific
offieerar 88 houra of holiday pay at the
hourly rate# wearing apparelr hoepitaliaation, life inaurance,
memberahipa, workera corapenaation
peneiona calculate at the Above. Thia total io then added to the
total coot per contracting city (total net
of town aid pluo contract charge) for Long
Lake to deteraine coot of aervlce for Long
Lake for the new budget year. Thia procedure ia illuatrated in Exhibit C. Thia
coat will be an actual coat.
S* to b2Si”Sn.id.«tlon to toy Controct r.jr
at the beginning of the Contract Yw,of additional officera in which event they
ahall pay all thoae extraordinary coata aa
outlined in Paragraph 11.
Waireente ahall be
10.
;•*
J«nn«gv 1. April 1. Ju ly 1. «>d Octob«t ; 9f two
w—ka affr r9C<iD t by Long Lak«» whicntYtX
!■ iafr. If thm anttrmTiv biiiinai art iWt,P4^
of Orenonotification to tho Cltv ^9 ho offoetivo
inf rcat not
of tho notice Qf t«
PavMCiita pado affr th# data dttt ihttU
pv tha Mir^nnnoi^a Suorama Court.
!«• «ng«iaa« and IndynnlfiCfttlM* Aa part 0^ tha
folic# Bttdo#t for oAOh Contract Tear# ^puxchaaaa liability inauranea to inaura tha City o£ Orono
a^nat liability ineurrad in tha randaring oj **'J?*^SJ3**'^
m^*oJ"sss'SoSi:f:5 ^ ss w
Oreno axpoaaa itaaif to potantiaixy unwxiiww**- J?™*^**^ llaMl**^*- Motwithatandino any languaga to tha contrary
srsTss/srSn^LSs ir3siSt2St^?;;.r(£;t~2
all oxpantoa ralatad tharato ara «.>,«inauraneo^lieiaa of tha City of Orono in
Contract Tear in which tha act or allagad act giving riaa to
any olain for loaa or danaga occurrad.
■■-“.•s^4iii^!Jsrs\g.5r^ sir“s°. ^ as s.aJ^2Jssc^s^!s.!a^T»“nJ ‘g•3r “
«»« r.^)ca i£ it wora providing auch aarvicaa thrwgh
dapartnant* without liniting
tte foraSiS; SS^ca’chiaf of tha City of Orono or hia
I will have tha aola diaeration aa todaaignaooottiMoat that will anawor auch eail« and it ahall not bw •
wtolatioa of thia hgraamant nor ahall tha City —faaSiSla to tha City of Long Laka or to a third party for
fny loaa which aay raault in tna avant that tha City of Orono,
11.
A pwioui call. The City o£ Long Lak; agraaa that
It will hold Mxwlaaa and Indaonify
jttdgaont rondarad againat it or tumi paid out ^aattlasanti payaant or dafanta of any auch claioa to tha axtant iminaurad or undarlnaurad arlaing out of any calla for
pollea aarvlcaa to ba randarad in tha City of Long Laka.
17, Motwithatanding any of tha abova# tha contract cltiaa
ahall hava tha right to approve any ajmaaditaroa and/or ineraaaa la nuabar of ouamlaa Inoludad In tha annual budgat. Notloa
prraMad and non-bud»tad capitalIntha nuad»ar of offleara ahall ba givan in writing ^o^ha SatraetljirCitlaa prior to actual arpandltura for auch itana
and tha Contracting Cltiaa ahall tharaaftar hava until
naxt council mooting In which to approve and/or diaapprova tha
mmmm ii» vrltino or alaa It ia agraad that auch propoaad
aspandlturaa may ba mada and tha coat tharaofInSat yaar't budgat. In tha avant tha Contract^g Cltiaa
•hall dliapprova auch non-budgatad •*P;2^iJ “f?,S2^toInoraaaa in tha nuabar of officars,tha City of Orono for any coata Incurad by tha City ®£ C>^®5®
ahottld tha non-budgatad capital and/or Iwraaaa to nuabar of
offleara ba mada daaplta auch diaapproval, Furtharmoror tha
coat of auch dlaapprovad capital axpandlturoa and/or J**'®***JJ
to niinbar of offleara ahall not ba oo^utad in jjjw*laaa Coat'' or "Contract Charge" harainabova aat forth for each
extracting city for tha yaara in which tha dlaapprovad
axpandlturo(a) la/ara mada.
ia, Motwithatanding any language herein
to the contrary« or to prior contracta batwaan the ?5^credit or dablt due to tha City of Long Laka or to the City of
Orono on account of prior agraamanta and contracta MfXeXant batwaan the partlaa ahall ba payable In 1J92 aa
provided herein for credit or debit payment a payable In 1992
and tharaaftar.
ia wpianatiQit. Under the baaic
contract tha City of ^no will deliver 24 hour patrol
raaponaa throughout Spring Park and Long l^aka a^ will
XttXna patrol*throughout tha city with tha baaic
naadai an«* will conduct periodic aacurlty chMka of..Tin It oallad door rattling), and will conduct auch dutlaa
aa raguaatad by tha council. They will aubmlt regular raporta
to tHclty ofllclala and appear at council maatlnga or any•• rSqLr.d to th. council.
the Chief or any other mainbar of tha department aa required by
tha council.
12.
Th« d«p*rtm«nt hat a good public ralationa racord and hat
wall trainad off lean* Four officart which wara J*^®*^**^
ajiU SSk aSd which will ba aatignad to"onaldaration batwaan tha City or Orono Polica Dapartaant and
tha Spring Park oeuneil
Tha daoartmant haa a good public ralationa raoord and b®J
wall t?aiSd^ficara. Thraa Sfficara which wara raquaatad by
and which will ba aaaimad to Long Laka by mutual
eonaidacation batwaan tha City of Orono Polica Dapartmant and
tha Long Laka eouneil.
Tha dapartmant haa vary wall trainad
• SnSKSing procMi m r.q»tr.d by J.O.8.T. end 1.
a raguiramanta of tha philoaophy of thia dapartmant.
20. rnntrmet. Motwithatending languaga in
Saotion 1(A) on Paga 3, or Saction 11 on Paaa 4 of thia
Aoraamant ahall ba affaetiva January 1# 1993.^ and ahall
eontinaa in full forca and J^' ^ill^ 9 ration contract ahall not axcaad caianoar rfSa 4?gaaorawiapt batwaan
eontraot’citiaa argnang thia adda^um agna to participate
in a pro rata ahara of all tha operating ®? ^5*dapartawnt'a total baaa coot baaed upon adSptrSiMt. It ia undaratood that tha formula for allocation
^ tto diotribtttion of coo to will ba iS/xi
Btatad in tha contract in tha laot para^aph of Afi wam It ia further undaratood that tha citiaa of Long
t.ava andTs^ing Park may, due to budget conaidaration in
Contract Tear at tha beginning of tha Contract Taarr adjuot tha
number of additional manpower.
a.rs.'SSl.’SJ .
diaeriminata againat any amployaa or applicMt
5SSUy"in5“iii'SS4dST2i.I!^ V.u
aubco^raeta antarad into for tha parformanoa hereof. Thia
paragrTh ia inaartad in t^.contract to comply with tha
i^aionpxo^aiona of Minn* Stat. i 101. S9.
CITY OP OhONO C0!1THACTIK0 CITY
City Mminiatrator City Clark
City of __
Mayor Mayor
13.
H'-,
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Th« abov« agr*»ra«nt waa ravlewed and approved by the city
council of the City of ■■ — ^7 Reeolution
Ro. ____edited _________________________f —•
The above egreewent wee reviewed and approved by the city
council of the City of_ _ _ _ _ _ _ _by Reeolution Mo. - -
dated « —•
CJPtSKie
14.
-■ - - - -_^
i? *
CONTRACT FOR FIRE PROTECTION
Thl* Agr««m#nt, madQ and antared into this day of
, 1991/ by and batwaan tha City of Long Laka, a
munieipal corporation of tha County of Hannapin, Stata of
Hlimaaeta (hM*ln«ft«t eallad "tong taka") and tha City of
Orono, a mutlelpal eotporatlon of tha County of Hannapin, Stata
of Mlnnaaota (haralnaftar callad "Orono")i
1. In conaidaration of tha tarmf/ covananta and othar
aattaca that ara haraaftar a at forth, Lo.* g Laka agraaa to
fumiah fira aacvica and protactlon to tha proparty locatad in
Orono and aa ahown, on tha city nap of Orono, which nap "1908
fira aarvioa diatrlcta" ia incorporated harain by rafaranca and
Long Laka furthar agraaa that Ita flraman will maka a
raaaonabla effort to attend firaa within tha aaid limlta of tha
City of Orono whan notified of auch firaa | that in tha event of
two fira ealla fron municipalitiaa or indlvlduala under
oontraet with Long Lake, tha firat call ahall hava priority,
and tha aacond call ahall be anawarad an aoon aa poaaibla, it
being undaratood by tha partlaa hereto that Long Laka haa made
or eontaaiplataa naking ainilar contracta with other
nunicipalitiaa or indlvlduala othar than Orono.
a, tha road and weather conditlona ara to be auoh that
tha fira run can be aiada with raaaonabla aafaty to nan and
agulpa^ft and tha daeialon of tha fira chief or other fira
dapartaant officer in charge ahall be flnaliaad aa to whathi
road and weather conditlona aaka a fira run poaaibla or
advlaabla
^
3.That Long hr not be liable in any way to
;i{
1,
bronOf or to any inhabitar >.4, property ovnara within the
limita of the City of Orono at ihown on aaid map/ or to any
peraon/ firm or corporation for failure of Long Lake'a Fire
Departaont to attend a fire/ or put out a fire/ or for damage
to goodo/ property/ or for any act of omiaiion.
4* Long Xtake shall purchase/ own and maintain in good
order aueh fire apparatus and equipment as it may consider
neeessaxy and suitable for fire service and fire protection to
Orono and to such other municipalities or individuals as Long
Z«ake cor tracts with/ it being understood that property within
Long Lake shall have the first call on the service of the Long
Lake Fire Department«
S* Long Lake agrees to furnish not less than five (3)
firemen on each call within the said boundaries as shown on the
said map in the City of Orono.
That Long Lake shall carry liability insurance
protection itself against damage claims of its firemen for
personal injuries sustained while in service within the aaid
limits of Orono as heretofore set forth/ and further carry
liability insurance saving both parties harmless so far as
negligent acts of the firemen of Long Lake are ecneemed*
7. A* Command Responsibility. The fire chief of Long
Lake or his deputy shall have the sole and esrlusive right and
responsibility to prescribe the manner and * *4 of giving the
alarm for fire within the sj»cvice care/ an<f prescribe the
manner and method of responding to calls and rendering the
3.
••rvlcafl contenplated. The aald fire chief or hia deputy shall
iffliMdiately upon arriving at the scene of any alarm or fire
emergency have the sole and exclusive responsibility and
authority to direct and control any and all firefighting and
emergency operations at such scene or scenesf including the
direction of Orono police officers at the scene with respect to
traffic controli protection of citiaens, and other incidents of
the emergency.
B. Nature of Long Lake Undertaking. In no event
ehall this Agreement be construed to fix upon Long Lake any
reaponiibility or liability to Orono or to third parties which
ere greater or different in kind than the responsibilities and
liabilities borne by Orono if it were providing such services
through its own fire department. Without limiting the
generality of the foregoing^ the fire chief of Long Lake or his
deputy will have the sole discretion as to the men and
eguipBMnt that will answer each alarms provided that protection
will be reasonable considering available men and equipment» and
it ehall not be a violation of this agreement nor shall Long
be held responsible to Orono or a third party for any loss
which may result in the event Long Lake, in the exercise of
reasonable judgment is unable to respond or to respond promptly
or to respond with only limited men and equipMnt, or is
delayed in responding to a call by reason of answering a
previous call. Orono agrees that it will indemnify Long Lake
for any judgment rendered against it or sums paid out by it in
eettlesMntr payment, or defense of any such claims.
3.
I
6. Ai And for compensation for the said fire protection,
Long Lake shall charge Orono, and Orono shall pay to Long Lake,
a sum egual to that percentage which Orono'• limited aaaeased
oalcttlation within the said corporate limits served by Long
T,tK^ ia to the total limited assessed valuation of other
amnioipalities or persons under contraot for like or similar
fire protection provided by Long Lake, including Long Lake's
limited assessed valuation, times the annual Regular Fire and
Speeial Fire Budget of Long Lake. Payments by Orono shall be
made in quarterly Installments and shall become due and payable
at the start of each quarterly period of the calendar year,
i.e.i January 1, April 1, July 1, and October 1.
All payments due under the contract pursuant to the ttrai.
fhall be billed Quarterly by Loo^ L#kf ami detiyfggd .tQ
Orono not later than two weeks before th bill is due.—Payment
be delivered to the City of Lena Lake not, later than
January 1* April 1, July and October li or two weeka
after^rgeeijt bv Orono< which ever is later. If the Quarterly
are not paid within thirty (30) davi Of the datt thtT
are due, the City of Lone Lake shall havm
written notificatien to the City of i
contract to be off active thirty (Ifti
the Botice of Termination unless the_
default by paying int due plus interest net later than
thirty f30^ davs follewina receipt ^
Vereinatioa
4.
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p,YBfn^« aff r th> due aara ■naxx -- - - - -^-—
riTTIfTI^T charge inf rttt for ••ch day thtt
th« «m« gmnaint unpaid at th« statutory raf of Inf rtit
on <
dili
>■ lot by tho Minnoiota Supw Court ai of that
Tho wmunl RoguUr Firo and Spoclai Firo Budgot of Long
Laka 1)1*11 bo oubnittod to Orono on or beforo Soptonbor 20th of
oooh oolondnr yoax.
9. Thli ogrooBont ihall b* offoctlvo January 1, 1992 .and
Bftfttinua in foreo and of fact untU paeoabor 31, 199^
irt»« iitigMfcion of thia contract ahall not axcaad calandar ya^
1992 prior wrlttan aaraaroant batwaan tha partlo
barato.
BTTBfVt CITY OF LOMO LAWS
City Clark Mayor
ATTBSTi CITY OF OROMO
City Clark
CJOiSXOa
Mayor
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TO:
from:
DATS:
Mayor and City Council
Ron Moorsor City Administrator ^
December 5r 1991
SUBJECT: City Administrator Vacation Request '4j7
Th« City Administtator employment agreement indicates
a^ i 4.«J «ha 1 1 not use anv vacation during the first 6
Adnlnistr tot "/J, “*® eCial situation arises, in which
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TO:
PROM:
DATE:
Mayor and City Council
Ron Moorse, City Administrator
December 5, 1991
SUBJECT: Resolution Concerning Safety Improvements to County Road
15
The City Council at its November 25th meeting indicated support
for a feasibility study by the Hennepin County Public Works
Department concerning safety improvements to County Road 15. The
Council also directed that a resolution be drafted reflecting
their support for a feasibility study. The attached resolution
has been prepared for Council adoption.
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h RBSOLOTION REGARDING SAFETY IMPROVEMENTS TO
COUNTY ROAD 15
WHEREAS, County Road 15 is currently in need of
substantial maintenance and safety improvements, and
WHEREAS, the City Council has determined that it is
important to maintain County Road 15 as a two lane roadway.
HOW, THEREFORE BE IT RESOLVED, that the City Council of
the City of Crono, in the interest of public safety, requests
that Hennepin County conduct a feasibility study regarding the
creation of passing and turning lanes on County Road 15 within
the City of Orono while maintaining the roadway as a two lane
road.
Adopted by the City Council on
ATTEST:
Barbara A. Peterson, Mayor
Dorothy M. rtallin, City Clerk
w'V.
TO:
FBOH:
DATE:
Mayor and City Council
Ron Moorse, City Administrator
December 4, 1991
%
SUBJECT: Resolution Restricting the Use of the Building
Capital Outlay Fund
The attached resolution indicating the intent of the Council to
restrict the use of the Building Capital Outlay Fund for payment
of the debt service on the city facilities bonds has been
prepared for Council adoption.
A-
A RBSOLOTION RESTRICTING THE OSB OF THE
BUILDING CAPITAL OUTLAY FUND
WHBRBASf as part of a longterm plan the City has established a
substantial Building Fund for construction of new city facilities to house
Its Public Works, Police and Administration staff, and
WHBRBAS, because of low interest rates in the bond market the
city has decided to bond for the majority of the cost of the city
facilities rather than use the total building fund to finance the city
facilities, and
WHEREAS, the financing is being done through a lease-purchase
agreement with the City’s Housing and Redevelopment Authority, and
r WHEREAS, the Building Fund will be used to provide for the lease
~ payments used to pay the debt service on the facilities bonds, and
WHEREAS, a portion of the interest earnings from the Building
Fund has been used to support the General Fund, and
WHEREAS, the City Council has determined that the Building Fund
should not be used for any purpose other than those indicated above.
I hereby
MOW, THEREFORE, BE IT RESOLVED, that the Orono City Council
restricts the use of the Building Capital Outlay Fund as follows:
K-'
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The principal and interest earnings will be used to reduce
the lease payments to minimize tax levies required for the
lease payments.
2. The portion of the Building Fund interest earnings used to
support the General Fund will be reduced over time.
3. The Building Fund will not be used for any purpose other than
those indicated above.
Adopted by the City Council on
; ATTEST:b.'^rbara A. Peterson, Mayor
Dorothy M. Hallin, City Clerk
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list of licenses for council approval
FOR meeting op December 9. 1991,
%
Off-Sale Non-Intoxicating Malt Liquor -William Wear
Orcno Self Service
2160 Wayzata Boulevard
Club Liquor License - Wayzata Country Club
200 Wayzata Boulevard
Gambling Permit - Northwest Tonka Lions Club
@ Navarre Lanes
3525 Shoreline Drive
Residential Kennel License -G. James Spinner
940 North Arm Drive
Wayne & Gayle Carrier
1376 North Arm Drive
Jane Kline/Steve Bell
4455 West Branch Road
Marilyn Pickard
4607 Watertown Road
Maxwell Alvord
960 Brown Road North
Suzanne Fackler
3700 Togo Read
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Interoffice Memo
Date:
To:
From:
Re:
December 4, 1991
Ron Moorse, City Admi ni str ator ^
Steve Sullivan, Chief o
Retail "O-ff Sale" Liauor License renewal
The application of Mr. William Wear nas been reviewed by
this Department. In checiinq the police department records,
we -find no violations under Mr. Wear s name, nor that o-f
Orono Self Serve.
Therefore, I have no objections to his license being issued.
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N*. UJ-AMcMlMirMNtMUcmMMMIw—^1^»lwl>ln M«ii m—»“orr" i«t. i>"<•uMti ■tcvw Cat
RETAIL “OFF SALE**
I^UIe o( illinnefttita,
C«WN4y -----------
T« the....0»VfHt(*r,..............
JJ^sllcAics^UJ..
1 ...... .....or...CR^^..Q.
of Um....... Q/ iT'/.......... of (y^ a//6>
................SUte of Minnesota:
J^.Cf.Qy/iy____________________________
M :
••«••••••• toto
JUrifty .....-./or « Uapiu# /or tk9 Urm of ——)/£,amA
from $hs.____JEi.AxT...............................day of.—\ZA/VA//'tJ0,y^----------
mo iha
!■ Orifiatl Pmckafct Oalj* Non-Intoxicitlnf MiH UqoorSt
090 doflood hy low, foo oooouwiptioo **OFf** ikooo ooHait^ yromiom io Uw
____^/.zy ___________»f____-------------------
^^0 /f 0 R S.e.^Ly'/C. -c
2160 Wayzata Boulevard
i» fiy, 10 mil
Cin ^ ChCNO
01 QiH 25.00
LH£a Tl. 25.00
hE(IIPT-Tim YOU
n:29yio ccoi m m:29
lZ'02/91
♦. ^
oi whitk yiooo ooid oypHooni—^ptrolo.. ...lAo huoioooo of — ... ----
.....____^Gnyf ..C......STc /C^
__/.S___12/_______oiiiMon of iho OniUd Statss; of good moral ohoroeior
ood rojmioi omd ho.miu...,ai§aimod lha ago of fi yoaro; that-----.........../ ^------- proprioior of ths
for wkiok tho lioomm aoOl bo iooood if thU appUoation is granisd.«•
Tboi ooid oppfloami ww/lnt___Mio appUoaUoo purouani amd oub/ooi to all iho tows of lA# 9UUo of
MlomoooOo owd lAo orilMHOot ood rogalaiiooo of said— .................appUooMo ikoroio, mkioh
mn hantf mad* a part hmof, ao4 htmty a/rmS ic obrnna and ebry th* tarn*;
• •Oo«0»0*0S0O« •••
II MVa St ilnH—il
Each ^fpikmal fonher stotrs that by tkr commencement of business and by July I of each succeeding year said
oppik ooi wiU hoeo paid tbo Federal ^necial OrcK|Hi/uifio/ Tax to the Bureau of Alcohol, Tobacco and firearms for a
retoii dealer.
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Date:December 4.1991
To:Ron Moorse.City Admini
From;Steve Sullivan, Chief c
Re:Liquor License renewal
? X. Ti
The application of Mr. John A. Downev has been reviewed by
this Department. In checl:inq the police department records.
Me find no violations under Mr. Dcwnev s name, nor that ot
Mavcata Country Club.
Therefore, I have no objections to this license beinq
issued.
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PS 9016 (tl . 891
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
LIQUOR CONTROL DIVISION
333 SIBLEY • ST. PAUL, MN 66101
PHONE (612)296-6434
APPLICATION FOR CLUB ON SALE RETAIL LIQUOR LICENSE
Thi$ application shall be completed by an officer of the club seeking a license. This application and the proof
of liquor liability insurance must be filed with the city clerk or the county auditor. To qualify for a license a
club must have at least fifty members, been in continuous existence for at least three years, have an elected
governing board and limit sales to members and bona fide quests only. The annual license fee is set by statute
(M.S. 340A.408). Granting of a license by the city or county is discretionary.
TYPE OR PRINT
Carportiion Nime
MAYZATA CXXKfRY CXUB
Loc Mkki (Sumi Address)
200 NAYZATA BLVD
Municipaiitv
NAYZATA
Club TraOfl Name or DBA
WAYZATA COUNTRY CLUB
License Period
From 1-1-92 To 12-31-91, 612, 473 8846
Suildiny Owner's Nome
NAYZATA CXXIOTRY CLUB
Counly
HENNEPIN
Sieie
MN
Zip Cede
55391
0u<‘ '’ ng Ownof s Address
SAME
Are there any delinquent
taxes on the property?□ Yes No
Club Mendger s Name
JOHN A. DOWNEY
Namd ol Mambay ol Managing Board
Naifia of Mambar of Manogir^ Board
Address
Address
Noma of Mambar of Managing Board Address
No<na of Mambor of Managing Board Address
The Licensee must have o.ie of the following;
CHECK ONE
E2 A. Liquor Liability insurance (Dram Shop) — $50,000 per person, S100.000 more than one person; $10,000
property destruction; $50,000 and $1(X},000 for loss of means of support. ATTACH “CERTIFICATE OF
INSURANCE * TO THIS FORM
OP
O B A Surety bond from a surety company with minimum coverage as specified above in A.
OR
C. A certificate from the Slate Treasurer that the Licensee has deposited with the State. Trust Funds
having e market value of $100,000 or $100,000 in cash or securities
I Give Date of Club Chencr
if Vetarene or Fraternal
Organiiation
C mg of fncgrgoFOtion
JUNE 30, 1956
1 Number of Years of
Continuous Existence 35
of the Club
Number of Years in
Current Quarters 35
Number of Club
Members
Will the Club be
Issued a Lawful □ :.s Ql No
Gambling License?
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1 Are any members, officers, agents or empolyees paid profits from the sale of beverages to dub
members? NO___________________ ____
2.
3.
Are any employees paid salaries?YES
Has this club or any employee been convicted of a violation of Federal or State law or local ordinance
relating to alcoholic beverages? _____________________________________________________
If so, give names, dates and violations
4. Does any wholesaler or manufacturer of alcoholic beverages own or have any interest in furniture,
fixtures or equipment for the licensed premises?________N?______________________________
If so. give details__________________________________________________________________
5. During the past license year has a Summons been issued unde' the Liquor Civil Liability Law
(Dram Shop) M.S. 340A.802? □ Yes El No If yes, attach a copy of the Summons.
6. Will you serve liquor on Sunday? □ Yes □ No Amount of Sunday License Fee ________
I certify that I hme ifad^^t^bove questions and that the answers are true arul correct pf my own
knowledge.
EIS
A^ic«ni
wreci p
IF LICENSE I8SED BY THE COUNTY BOARD; REPORT OF COUNTY ATTORNEY
I certify that to the best of my knowledge the applicants named above are eligible to be licensed.
□ Yes □ No
If no. state reason____________________________________________
REPORT BY POLICE DEPARTMENT OR SHERIFF'S OFFICE
This is to certify that the applicant, and the associates, named herein have not been convicted within the
past five years for any violation of Laws of the State of Minnesota, or Municipal Ordinances relating to Intoxicating
Liquor, except as follows ______________________________________
UCENSE APPROVAL OR DENIAL
License Granted Denied
SIQNATUflE CITY CLERK OR COUNTY AUDITOR DATE
License Granted Denied
SIGNATURE UQUOR CONTROL DIRECTOR DATE
IMPORTANT NOTICE
ALL RETAIL UQUOR UCENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP
IS ISSUED BY THE BUREAU OF ALCOHOL TOBACCO AND FIRE ARMS FOR INFORMATION CALL 612-290-3496.
•r
FOR BOARD USE ONLYLQ214»»BASE*PP#_
FEE
Minnesota Lauifiil Gambling
Premises Permit Application - Part 1 of 2
CHECK
INITIALS.
DATE_
r\»nmnt -
Oi^Mtizition bM« lieanf numbtf O-G/ShO
Clast of piafflitas ponnii
(efMck oiM)
(~| A ($400) Puil-tabs. tiptearOs. paddlawhtolt. raffles, bingo
PrwniSM poimtt number B ($250) PuN-tabt, tipboards, paddlewheels. raffles
l~l C($200) Bingo only
D($150) Raffles only
Boi (Do not use tfw addreu of your gambling manager)
^Ql________
SUla 2p Code County
Nam* of eNafMMuriw*offic«r(canftol be your gambing manager) Tide
jTal^ liVilCp. S^r?>‘s\^.gy^-V-
ri232acli60»b«y'
Oaytimp phoot number
Daytime phone number
If ai»p^/lng for a nla— a or C pennlt fill in days and beginning & ending hours of bingo occasions:
No more than seven bingo occasions may be conducted by yourjusaoizaUfiO per week.
Diy Bc^liisdiic/Endlng Hours Day Begtnnlng/Exxllng Hours Day Beginning /Ending Hours
.to.
Ifbl&go will not bo cenduetede chock boro | \y\
xTTT A’^ABFeamoe iiexrw ^jbouieswabidhr.ebuigfopawBwedbi^
. ^tieet AdiWsa (do not usie a post offioe box number^
wMtinol^lmils? CZlYet ONo IIno,istownahip i—i otganiiad i—i unorganiied □ unincorponled
Cl^ end Count) talMraganMne pramlaaa to locaad OR Towmibip and County wheru gambfing premise* is toeatad if outsido of diy imits
Nm» aid aSaWof bgN (
AA .
'of tigN oanar of ptumiSM
iA $1. ^n^r'yit.rx
C% . Sua ZpCoda
eSSAQAPA/te^ ZAr. A^.
Q YES □ NO
A
SmSJ LiDtiiJ.
.y
Minnesota Lauffiil Gambling
Premise Permit Application - Part 2 of 2
7nr
K Bank Aooouni Numbar
fi,nt hLinA_____________0<y?>l-^l9
Ci^ Staia Zip Coda
v\< » irv^ l
SfRCC^ fJlciuSf«tf»e/ /-n. f^ond fe7dCrt^/[v\Q >^flLrvac^j«^
0 mir^lObi£/h^ fk'iict^ If^ll/d Am/J
'TjALn L>5^/^ fi\nr)rlj^aL ^/m^ri /4^av/
>n-n:iirrinn_ AatliorlaBtloa
I htraby oonMni that beat law antoicamant offioars. tha
bcMid or agania of tha board, or tha oommitaionar of
ravanu# or puMk: aafaly. or aganta of tha oommiaaionara.
nuqr antor tha pramiaaa to anlorca tha law.
Bask Raeordls Infonnation
Tha beard ia autVirIzad to inapaet tha bank racorda of tha
gambfing aooouta whanavar naoaaaaiy to fulfill
raquirafnania of currant gambling rulaa and law.
Oath
tdadarathat:
•I hava raad thia application and all information aubmittad
to too board la true, aocurata and oomplata:
•al elhar raqubad bdermation haa baan fully diadoaad:
•I am tha chiaf axacuthra offioar of tha organization;
*1 aaauma fuR raaponaibility for tha fair and lawful opara*
tion of all activitiaa to ba conductad;
•I will familiariza myaalf with tha lawa of Minnesota
govarning lawful gambling and rules of tha board and
agree, if Roansad, to abide by those laws and rules,
including amendments to them;
•any changes in application information will ba submitted
to the board and lo^ unit of government within 10 days
of the change: and
•I understand that failure to provide required information
or providing false or misleading information may result in
the denial or revocation of the license.
Date
\ 1 g if f r rir
1. The dly *muat sign this application M tha gambling pram
iaaa is toctoad wthin dty Umlta.
2. Tha oounly**AND township** must sign this application if
tha gambling pramiaaa la locatad within a township.
3. Tha tocal unit govammanl (dty or county) must pass a
resolution spec' iHy approving or denying this application.
4. ^^gy^{Jf]fjgpal unit of governmanfs resolutton ao-
nitwing tht« anniieation must he attached to this anplication.
5. If this application is denied by tha local unit of government.
It should not be aubmittad to tha Gambling Control Board.
Township: By signature betow. tha towrtship acknowladgas
that tha organization is applying for a premises permit within
township iimits.
CUV* Of County**Townshfo**
IMia:
1711 W. Caawt y Bead ■
Mils LC214(Pan 2)
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GITYof ORONO
(I *
RESOLUTION OF THE CITY COUNCIL
NO. ________________
A RBSOLOTIOM GRANTING GAMBLING PERMIT FOR
NAVARRE LAMBS LOCATED AT 3525 SHORELINE DRIVE
BE IT RESOLVED, the City of Orono agrees to approve the
gambling permit application for the Northwest Tonka Lions Club
for operations at Navarre Lanes, 3525 Shoreline Drive.
The above listed resolution was moved by
and duly seconded by
The following CounciImembers voted in the affirmative:
The following CounciImembers voted in the negative:
The above resolution was duly adopted on December 9»
1991.
Barbara a.Peterson, Mayor
ATTEST:
Doroiby H. Hailin, City cierk
^ 31, 19i/Effective January ir xyji—
Owner:G
.M QUO /0or4^Property Address: i
(InSlud* city «HTW
Mailing Address (if different):
Phone: (home> ^> 'J
/0/frv
(work ) 33 y- /»/ c cj
IBBTm K«n»«l ticeni.(payont »u»t accompany application)
w.4,„, HO. of dogs to ba leapt at ore time:^
(over 3 months of age)
Principal Breed:
pngpaas for more than 2 dogs.__
__a.. inside V- kennel structureD09S normally kopt• ■ ~
oTM. xannal Licansamnat accompany application)
Marne of Business:cm OF csffiw
, _____________________FJ/IAUCE OFFia
?:^‘“:‘'St«SiSl'-»r..ding, vateiiuiii -i" letaii, a»CW ,
Normal Business Hours:
01 CEH
£im Ji
^^5.00
Aftar Hour. Contact, (njm.)(phone)
Dog runs/exercise areas are
RECElPT-lMii(
cool ROl TlUC
11/27/S
inside ____^outside ----^both
She undersigned ^s^specLfM on this form; the
Council fo^ • Kennel License • ^ license is permissive only
uadaraignad SJrity*^^ riolata any provision of any
•««* « ragulation, tha »nd_ar.ig.^fitv Ordinance or other law or r gu . premises prior to
ffi -KJSi
cSdltions Imposed by the city v.o
lieenae approval.
/A 4^'^/
Date
1----------------------: _y?i7irf Or/ita.
•eommanda Approval_ji^ Danial—
Date /JL />4hL
«
^ .
KBSHEL tICEHSB APPLICaTlON
Effective January 1, 19 to December 31, 19^
Own«ir:__ _ _ _ _
Mailing Addra*s (If different):
Fhena: (***■>"** ^ '^7/ - Z' C
/\ ' tr
(work)^ 5
/
IpllT^^on]
Maximum Ho. of dogs to be kept at one time:,
(over 3 months of age) ^ z ^
Principal rr--»- ^ ^-----------------
Purpose for more than 2 dogs; ^t<r rc^- - - - --- - - - -
DO,, normally kept: J:^insid. - - -^kennel structure
IBBCUL Kennel Ucen*. Infonnation: $150.00
(payment must accompany application]
Name of Business:
inside outside both
f“5fy!.*°^I^SinS: breeding, vete..na.y care. reo».l,
Hormal Business Hours;
After Hours Contact;
Dog runs/exercise areas are:
The undersigned ^S^^pmciiLed on this form; the
Couneil for a kennel license is permissive only
ondonipned adcnowledpe. ^ riolate any provision of any•ad dooa not grant any authority to vwwte^^ *undor.i9«id hereby
City ordinance or "JL*^^/Mct the pranises prior togrants the City penai.e.ion to inspect tnp during the
Ileonso approral and at any other reasonaoi. ti
lieonsa duration; “<LV’codS'*aS^er SJs’ including any
U5SKT^“i:$o::S^inh.‘='?fty°lS;‘ncil a. part of any kennel
liea&ae approval.
CITY OFDROHS
FIHAHCE OFFICE
1313500000 ^ ^
01 CEH |5.jJ
«SW Tl 25.00
-4£S£IPT-rm YOU
0229960 cool PQl T15:
12/OV
Date
i I Date
rr^
KEHNEL license application 10^7
Efftctive January X, 192X « Oeceruier 31, 19^
■ J/l/iyg fCL - P /0«m«r:____
Nailing Address (if different)?
Phone s (hone) V 7 2. - V 7 V "7
o /Z. o A/ <3
n / /u r^/ 0 ^ ^ 3 6~ V
(work) 92i_:££££
Maxiauii HO. of do«» to bo kept at one tiine:./^
(over 3 months of age)
Principal Breed--------------------------- , „ /n
_ . p^£<rr.A//4L P<LrS Fo/lPurpose for more than 2 dogs; r 0 ----------------- ^
Dog. normally Icept: 2<^inside -------^kennel structure
Vz^ifiS
imCXAL Kennel License Information: $150.00
(payment must accompany applications
HfjDS of
breeding, veteiiuaij uaie, reuaU,
Normal Business Hours t„
j^ter Hours Contact: (name)
(phoxiQ
Dog runs/exercise areas are:
tiry Df omQ
inside outside
nma tTricr
1^00000 _ ,
01 QSi 25.00
iHECX TL 25.00
bo^EIPT-TUAHS YOU
’ 1(229090 COOl ROl 713:1
5he undetiisned ***'?*^?."*„*2 as^»peci*X®^ **’*Connell for a Kauel tie*”* lieenee ie permiseiTo only
ondarolgnod •"'’“‘•^•^’•f.SSJiJv^^Violate any proriaion of any and doea not grant any authority to jwia« ^anderaig«id hereby
City Ordinance or oth» law or regjila^ > "• prior to
orutn the City pernla.aion to in.p.«^ ^he
liSSU SSJSl*. •"“rsS’.i raiat»“iV .S.u “5SK!S;’i5.!“S'"‘™^«“".c.i.. p... »< •■' ‘P””*
Xieanaa approval.
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____________ _ 1^1 n/i^lSnr^
Recommends Approval^.^:;^ Denial
Date Z.2,/«//gz
Owner:
KEUMEL LICENS2 APPLICATION
Effective January 1, 19- - to Dece-tber 31, 19,
IuaI d '"~^C K
Property--(include city
lUiiiaj Mdress (if different)!
Hiooe< I -(cOH I.
BO. of dogs to be )cept at one time!^,£-----
(over 3 months of age)
C;>gAg -c. e.Principal Breed:
Purpose for more than 2 dogs t_ —
Dogs normally Jeept: X inside
7
kennel structure
OBHBtCXU Kennel License InforMtion: S150.00
“n^St siast accompany application)
Huie of Business:
cifY OF emo
-r:A'A«E OFFICE
V A A A A A______________________ uT^soom
______________ 01 OEM 25. OC
Business Activities: j i ™ter'nary care, retail! ^iFHEik 71 25.0((example: boarding, breeCing, veterinary RECEIPT-tHm YOU
^229530 cool ROl Til:
Normal Business Hours:--------------------------------------------------------------11/26/
Hours Contact: (name)iphon6)
Dog runs/exercise areas are inside outside
--------------------
be undersigned ^^.^e^ciVied Vn this°form; the
■d does not grant any Moulationi the undersigend herebyIty premise, prior to
„„tVlSrcity P«»/«Vi “ Vth.r’r.r.oSSlV time du'ring thehs:s ;snr». a s-ssis-tA'
licmnse approve lo
BSnoi^Spt^ri Date tjln
eeimMads Approval_<^;^ Denial
y
9H.
• •
0%m«r
Fro
kehnel license application
Effsctiv. January 1, 19- - to Decainber 31, 19,
iHcTzIpT
Pbona. (ho»a)J£ll:imi------------ -----------------------------------------
Ho. of dogs to bo kept at one time:_j5-
(ovor 3 months of age)
Principal ki.)n^ ^fids—IsLill^ ^principaa preen■. tvm i—ingj"”' .
purpose for more than 2 dogs
Dogs noraally kept: y inside _^kennel structure
HBCXU Kennel license inforMtion: SISO.OO
(payment must accompany application)
pjiiM of Business*
Business Activities- -1■—^-re^inarY care, recai(example: boarding, breeCing, vece.^na-y et;c.)
ii:
Normal Business Hours:_ _ _
After Hours Contacts (n»e^^
Oog runs/exercise areas are:inside ou'cside
me undersigned “ereby makes ;^PP“«Vi“a Vn lhi.°form
aad dome not grant any -tion:^ the Mdersigend hereby
City Ordinance or oth^ t??nVoect the premises prior to
grants the City ?•“*-••• Ither reMonable time during theS:s:: •r^^
5SSSK?.“iS5o!l:S'S'y^Ae“c'fty cluncii as part of any kennel
Ilemnse appiraval.
CITY CF CSftVO
f iHAiia OFFICE
CHECK Tl 25.00
cl^tCEIPT-THm-YOUm
any '
Date
4s/
giev Ose Only1^^Date /2 A
Approval^jc::!^
rrr-
KENNEL LICENSE APPLICATION
Effective January 1, i9 ^ to December 3 ,
Owner:5;
,^y ^ vc-tj 'fdOn.—
nclude city and zip;
4
3?/
iCalliag Address (if different):
Phone I (home)______V {work) ^ f ^ ^ 3 o<
;XSBRXAL Kennel License Information; $25.00
(payment must accompany application)
Maximum Mo. of dogs to be kept at one time:
(over months of age)
Principal Breed:
purpose for more than 2 dogs:
Dogs normally kept:
j:?rok
, , 'T
IfTrTM. Kumel Liens. InfoiMtion: S150.00
(payment must accompany application)
{feme of Business:
Business Activities:
(example: boarding#ling# veterinary care retail# ere.)
Nonsal Business Hours:,
Hours Contact: (name)(phone
Dog runs/exercise areas are:inside outside
CITY OF OffM)
FlfiME OFFICE
3500000 ^ ^
^ ^ 01 CEH g.WTL 25.00
receift -thm Y0U_DOg ------— —-------- luy ^
• und.r.Hn.d f^Vp.eiVi.d on this for... th.
oaeii tor • K«^l J khJrl licrs. is pernissiv. only
tonlgaod .okoowl«lg.s Uts «iy provision of any
iMd dM. not 9rant any th. ^d.rsH.nd h.raby
5^ Ordlnane or otbw laj* Ji*^^“,„t*th. prrais.s prior to
Casta tb. City ophlr r.asonabl. tin. durin? th.
Ilesaa. approjal Jf-Md ayr... to abid. by th.aasa. durationi and th. unOMS^noo «s . „y sp.cial
anV f.nn.l
-----^val.
iaeeimnds »pproval_4il_ Oanial.
nst.
r
mas
Afro
A
!•
.
r- a ;-.iir»-:''ii i • Vij V, v.^-,V^' -V-f11/24^1 M Cl P»IIC<liStnm'■ '-.r-'. V
|i
r.:
Ik
r:
*>■.
‘i..'
I# '■'
jjjr' ■i-.
IMME DPT
MOERtON. MUCE L
MI2IEN. SUE A
lOSNA. 4AMIC L
MJMCNAUt. JOHN F
tm!9M'^Xilf^|RVlNQ- - - - - NUtT E
I. DAN T
iOHN N
•AFFRON. NICHAEL P •NAROteN. JOHN R
r"*jSEl D
sasiiiYCAROL J
_______ CAROLE
KARNXTZ. RXCKV D
KEHNBN. JANXCE M mimoA^j^gURLom
eSSITj*
____NSKI. JAMES
t8xll£RTfsCOTT 0
tlCN. RAA d V L
LVLE E . IREIORV .
WAYNE A ■ARRV J
•«*i»>N< DALE S ^2fTEPFCANAQIN^.RONALO 93
ME 31
31
31
1342
31 31
31 31
31 31
31 3343
35 43
12 42
31
12 31
31
IS IS 33
12
31 3S 42
92
33 42 92
92 42
BICCK, LAMRCNITOMCNECK. LAMRCNCC TOMCm, MARK W
VANC. MUCE Lvn'lxmda s
MILTERS. LT*9A 0
WECRMAN. S1i.PHEN J
31
31
31
33
42
IS
33
••
0)
YTO CURRENT
GROSS GROSS
43362.61 1515.26
23069.04 959.72
13796.09 541.55
36514.03 1522.99
39529.00 1649.00
4343?.16 1640.45
19034.47 1107.92
42039.25 1759.35
37271.31 1454.24
39577.70 1747.44
39177.21 1599.04
33391.69 1392.23
47021.91 2005.02
1657.45 169.74
33050.00 1615.60
29755.14 1199.28
27250.75 1145.52
13172.10 591.69
4492.30 914.97
9739.74 200.94
1936.13 243.47
22697.13 659.73
49047.60 2049.09
42476.29 1743.51
11911.20 2039.40
41117.66 1672.39
4390.39 193.72
24090.97 1275.42
29439.41 1244.33
33915.99 1392 23
24176.72 921.29
33079.49 1290.99
296J?5. ?4 1340.29
29iH6 49
29nf 23
1266.77
1200.96
13191.92 1994.56
35997.44 1426.49
40277.49 1426.49
37597.39 1563.30
2B246.54 1199.30
20417.97 913.32
26263.56 1111.92
22336.29 1000.73
w3'990.35
ar PI aaaaaaaaai
•-----12/31/«1 PR: 114CB PRR»r00R lit. ^. Ilf «r ••3
NAME OPT
ANOr*SO»* BRUCE L
COKf«i.CK, JAMES L
DEMBOUSKX. JAY ENGLISH lil. IRVXNO
ERICKSON, KURT R FISCHENidH, DAN T JOHNSON, BRADLEY P MOROWCZYNSKI, JAMES
THOMTON. MARK R rOMCHECK. LAWRENCE F TOMCZYK. MARK W
11712/31/F. »R:
C« ^ ,
I NAME
3131
31
3131
313131n31
31
DPT
( BUTLi. «ARY C I CALLAH!#.*;. EDWARD J ' GOETTEN. J-OIANN I : '<BOUR. GABRIEL .
i K ZRSON. BARBARA A
1111
11
11
11
YTOGROSS
CURRENTGROSS I41947.BS
41791.71 17929.$S
40292.90 3SI17.07
37130.2639706.27
39445.29
34400.96 39951.00 36004.09
1630.11
1569.13906.34
1566.13 1569.66
... ^
* - *■ *J ^
9'i
ff'-
1569.13 1599.66
1599.66496.27
1569.131599.69
*
■ V
»- *'•uV.*-
- I.' '*-5-
■ • • r'—"% .V•* •^v..
. ;..Ai
15,690.99
mm
' Jr—* " - i.— ^ ■ 'J - , • -—
•... - J.'
mm
; . - *. . ? - -- -‘ V*
• . -** 4 •
■ - - - .S'* - *•Vj
VTO
QROSt!*
CURRENT
GROSS TjJ
2416.7C l6o. 042912900.04
2600.04
3600.00
241.67241.67
241.67
241.67
300.00
1,266.69 . ■ ♦ > .4
• "a ’• * *’ . ^
'rv f
* >..
1991 Cliy OF ORONO CHECK NO. DATE343003
343015
343030
343030
343030
343030
343030
343030
343054
343085
343098
343098
343199
343199
343228
343228
343228
343228
343258
343272
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12 04/91
12/04/91
12/04/^1
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
17/04/91
12/04/91
o
AMOUNT 30.00
30.00 •
16.75
16.75 •
49.50 4' 50
620.47
921.16
1.541.63 •
5.650.00
58.00
5.708.00
50,000.00
254.550.00
154.550.00-
25 450.00
/siAbO.OO •
9.90
9.90 ■
273.55
CHECK REGISTERVf.Nr.C<Ra;om ITEM DESCRIPTION MEMBERSHIP
A T 4 T TELEPHONE
BUDGET PRINTING •'RINTING
CARGILL S/’i.
CARGILL SALT
SALT
SOFTNER SALT
ROLF E ERICKSON
ROLF E ERICKSON
ASSESSOR DEC
POSTAGE
FIRST TRUST CO INC
FIRST TRUST CO INC
FIRST TRUST CO INC
FIRST TRUST CO INC
BONO PR INC DUtl/1
BOND INT DUEl/1
BOND INT DUE 1/1
BOND INT DUE 1/1
GLENWOOD INGLEWOOD WTER
G 4 K SERVICES UNIFORMS
12-09-91 PAGE 1 ACCOUNT NO. INV. i P.O. 8 MESSAGE 01-4380-129-31
01-4320-175-34
24.89 & T INFO SYSTEM DATA PROC 01-4340-059-1424.89 at & T INFO SYSTEM DATA PROC 01-4340-069-1540.45 AT A T INFO SYSTEM DATA PROC 01-4340-129-3124.80 AT A T INFO SYSTEM DATA PROC 01-4340-129-3124.89 AT & T INFO SYSTEM DATA PROC 01-4340-174-3324.89
164.90 *
AT A T INFO SYSTEM DATA PROC 01-4340-249-42
3,997.78 BARTON SAND/GRAVEL SAND 01-4233-249-42
01-4322-129-31
01-4233-249-42
72-4234-549-91
01-430/ 059-14
01-4321 059-14
45-4610-908 00
45-4620-908-0/
45-4620-908-00
45-4620-908-00
01-4324-099-17
01-4221-249-42
■ • ■-CKS
-CKS
•■•-CKS
•■•-CKS
■■•-CKS
■••-CKS
-CKS
•■•-CKS
•-•-CKS
o
I.4I
r
9 a a» . •1991 CITY OF ORONO CHECK REGISTER 12-09-91 PAGE 2CHECKNO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV.8 P.O. 6 MESSAGE343272
343272
343272
343272
12/04/9112/04/91
12/04/91
12/04/91
84.5622.02
33.02
9.36
422.51 •
Q & K SERVICES
Q & K SERVICES
G & K SERVICES
G & K SERVICES
MAINT BLDGS UNIFORMS
UNIFORMS
UNIFORMS
01-4343-129-3172- 4221-549-91
73- 4221-569-92
74- 4221-590-93
•••-CKS
343291 12/04/91 3.85
3.85
HALLIN/DOROTHY MILEAGE NOV 01-4381-039-12
•••-CKS
343370
343370
12/04/91
12/04/91
1.000.00-
1,148.86
148.86 n
JIM HATCH SALES CO
JIM HATCH SALES CO
STROBE LIGHT 4427
STROBE LIGHT 4427
01-4232-249-42
01-4232-249-42
•••-CKS
343397
343397
343397
12/04/91
12/04/91
12/04/91
23.82
8.93
20.84
53.59•
KUEHN-THOMAS
KUEHN-THOMAS
KUEHN-THOHAS
MILEAGE NOV
MILEAGE .NOV
MILEAGE NUV
01-4381-069-15
01-4381-174-33
73-4381-589-92
•••-CKS
343404
343404
343404
343404
12/04/91
12/04/91
12/04/91
12/04/91
188.37
94.09
9.59
36.56
3r8.61 ft
THE LAKER
THE LAKER
THE LAKER
THE LAKER
TAX HEARING NOTCE
LEGAL PUBLICATIONS
BLDG B0NDS-6IDS
PUB HRG SAN SWR PROJ
01-4323-069-15
01-4323-174-33
15-4323-651-00
24-4323-408-00
•••-CKS **
343437
343437
12/04/91
12/04/91
16.48
69.98
86.46 a
CITY OF LONG LAKE
CITY OF LONG LAKE
FLA“«"3
MNT -FT STATION
01-4325-249-42
71-4344-5*59-92
.► ’
V.
ft ft ft
343S62
343S92
3435B2
343S92
343S62
343S62
343562
343562
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
397.13
222.02
2.91
164.2.3
20.97
1,731.78
867 SO
50.63
3,457 57 ft
NSP
NSP
NSP
NSP
NSP
NSP
NSP
NSP
UTILITIES
UTILIT’ES
UTILIT1.:S
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
01-4324-099-17
01-4324-129-31
01-4324-175-34
01-4324-249-42
01-4324-290-61
72- 4324-549-91
73- 4324-501-92
74- 4324-59U-93
•*V
- -t
•••-CKS '
343565 12/04/91 1.072.04
1.072.04 ft
NSP STREET LIGHTS 01-4325-249-42
■i
ft ft ft
•.»
-
tv
■p-
i
1991 CITY OF ORONO
343719
343774
343782
12/04/91
12/04/91
12/04/91
oCHECK REGISTERCHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. IN
343S82 12/04/91 24 44
24 44 «
OMAN/LYLE MILEAGE INSPECTIONS 01-4381-174-33
343621 12/04/91 1.507.00 MEDICA CHOICE DEC INS 01-3872-000-00
343621 12/04/91 966.00 MEDICA CHOICE DEC INS 01-4151-039-12
?43621 12/04/91 462.00 MEDICA CHOICE DEC INS 01-4151-069-15
343621 12/04/91
294.00 MEDICA CHOICE DEC INS 01-4151-121-31
343621 12/04/91 420.32
MEDICA CHOICE DEC INS 01-4151-126-31
343621 12/04/91 966.16 MEDICA CHOICE DEC INS 01-4151-129-31
343621 12/04/91 378.00 MEDICA CHOICE DEC INS 01-4151-174-33
343621 12/04/91 1,155.00 MEDICA CHOICE DEC INS 01-4151-249-42
343621 12/04/91 210.00 MEDICA CHOICE DEC INS 72-4151-549-91
343621 12/04/91 315.00
6,673.48 •
MEDICA CHOICE DEC INS 73 -4151-569-92
343628 12/04/91 1,125 40 POPHAM HAIK &ASSOC LEGAL RETAINER-SEPT 01-4301-080-16
343628 12/04/91 5,105.15 POPHAM HAIK A ASSOC LEGAL PROSECTNS-SEPT 01-4302-080-16
343628 12/04/91 687.07 POPHAM HAIK &ASSOC LEGAL CONSULT-SEPT 01-4303-080-16
343628 12/04/91 700 10 POPHAM HAIK A ASSOC LEGAL HRA FORMATION 01-4303-080-16
343628 12/04/91 200.40
POPHAM HAIK A ASSOC NO TONKA CRIME 01-4303-129-31
343628 12/04/91 462.50 POPHAM HAIK A ASSOC LEGAL WOODHILL SWR 01-4303-840-71
343628 12/04/91 1,411.97 POPHAM HAIK A ASSOC LEGAL APPLIC-SEPT 01-4303-840-71
343628 12/04/91 1,660.00 POPHAM HAIK A ASSOC CITY HALL LAND ACO 15-4303-651-00
343628 12/04/91 3,869.15 POPHAM HAIK A ASSOC CONSTR MGR CONTRACT 15-4303-651-00
343628 12/04/91 245.94 POPHAM HAIK A ASSOC LEGAL CONSULT-SEPT 24-4399-400-00
343628 12/04/91 144.00 POPHAM HAIK A ASSOC LEGAL CONSULT-SEFT 24-4399-455-00
343628 12/04/91 104.00 POPHAM HAIK A ASSOC LEGAL CONSULT-SEPT 24-4399-456-00
343628 12/04/91 1.710.00 POPHAM HAIK A ASSOC LEGAL CONSULT-SEPT 24-4399-457-00
343628 12/04/91 64 00 POPHAM HAIK A ASSOC LEGAL CONSULT-SEPT 24-4399-461-00
343628 12/04/91 43.00 POPHAM HAIK A ASSOC LEGAL CONSULT SEPT 72-4303-436-84
343628 12/04/91 77.40
17,610.08 •
POPHAM HAIK A ASSOC LEGAL CONSULT SEPT 73-4303-434-82
3436S7 12/04/91 65.39 RFG PET■ & SUPPLY CO DOG FOOD/SUPPLIES 01-4244-129-31
65.39 •
59.07
59.n7 •
DIXIE PETRO-CHEM FLOftlDE 72-4234-549-91
22.36
22.36
THOMTON/MARK MILEAGE 01-4381-129-31
10.40 TOMCZYK/MARK MILEAGE 01-4381-129-31
u
12-09-91 PAGE 3 ■ P.O. • MESSAGE
•••-CKS
• • •-CKS
a ■ •-CKS
a a a -CKS
-CKS
a a a -CKS
O
• -u-i1991 CITY OF 090NO CHECK NO. DATE343783
343794
343815
343815
343815
343815
343815
343815
343815
343815
343815
343815
343815
343815
343815
12/04/91
i«;/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
12/04/91
#
0AMOUNTCHECK REGISTERVENDOR ITEM DESCRIPTION10.40 •5 45 5.45 •TOMCHECK LARRY TRAINING
33.40
33.40 •
ULTIMATE AWARDS NAME TAGS
81
81
40
117
179
81
81
280
12
28
78
24
100
1^85
.07
.07
.54
.62
.27
.07
.07
.50
. 16
.38
.57
.20
.00
.52 •
US
US
US
US
US
US
US
US
US
US
US
US
US
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
WEST
COHMUN
COHMUN
COMMUN
COMMON
COHMUN
COMMUN
COMMUN
COMMUN
COMMUN
COMMUN
COMMUN
COMMUN
COMMUN
TELEPHONE
TELEPHONE
TELEPHONE
CRIME LINE PHONE
TELEPHONE
TELEPHONE
TELEPHONE
DAMAGEiPEPAIR
TELEPHONE
TELEPHONE
TELEPHONE
ADVERTISING
ADVERTISING
0ACCOUNT NO. INV 12-09-91 PAGE 4 • P.O. i MESSAGE01-4356-129-31
01-4221-129-31
01-4320
01-4320
01-4320
01-4320
01-4320
01-4320
01-4320
01-4399
72- 4320
73- 4320
74- 4320
74-4323-
74-4323
039-12
059-14
069-15
129-31
129-31
174-33
249-42
249-42
549-91
569-92
590-93
590-93
590-93
343821 12/04/91 151.79
151.79
VILLAGE CHEVROLET ENGINO PARTS 8428 01-4232 -249-42
343901 12/04/91 273.00
273.00 m BELL & HOWELL 92 SERV AGRMNT 01-1299-000-00
343902 12/04/91 2,095.35
2,095.35 M
COMTECH CONST PAARTS 01-4233-249-42
343903 12/04/91 250.00
250.00 a
.TAMES A GRABEK REFUND SUBD FEE 01-3502-000-00
343904 ;2/04/91 277 '0
277.50
CITYOF MEDINA SEWER LINE EASEMENT 73-4344-569-92
•••-CKS
•••-CKS
•••-CKS
•••-CKS
• • «-CKS33.033.97 FUND 01 TOTAL GENERAL FUND
5,538.74 FUND 15 TOTAL 8UILDNG CAPITAL OUTLAY F i-
2,304.50 FUND 24 TOTAL PERM IMPROVE REVOLVING F
75,450.00 FUND 45 TOTAL 1985 IMP BOND D/S FUND
2,999.19 FUND 72 TOTAL WATER OPERATING FUND
1,690.02 FUND 73 TOTAL SEWER OPERATING FUND i •-*.
262.76 FUND 74 TOTAL GOLF COURSE OPERATING FD
121,279.18 TOTAL
f*
0
r .
9 ^
C^l.
COUNCIL MEEHNO
DEC 8 1991
CITY OF ORONO
Si
'■ ■
■
Decerter 3, 1991
DEC 5 1991
City of Orono
P.O.Box 66
Crystal Bay, Minnesota 55323-9900
Tot Orono Councilt Ret December 2nd,1991 issue of the Pioneer
"Citizens ask Orono Council to block
end of Spates Avenue" By Curt Anderson
The sense of this article would indicate that access to this street would be
blocked to anyone who wanted to enter from county road #Hi6 or exit from county
road #15» This also would seem that the proponents of this is not asking this to be
declared a private road in which all maintenance, repairs and upkeep would become
the responsibility of the owners adjacent to this road; rather that the taxpayers
would assume the financial repairs, maintenance, and upkeep. If the later is what
they are asking, we would be definitely opposed to such a ruling by the council
because if tax money is assuming the financial responsibilities of this street,
^hen as a taxpayer, we want access of this street.
Wo further believe that the traffic relief this street gives county road #51 is
essential and it further enhances the ability of fire and police, and emergency
units faster response time to those citizens on that street.
This is a community and the community has no obligation to pay for or allowing
any segment of that coninxinity to isolate themselves.
‘ctfully Yours,
Virgil H. Rollings
Corinne M. Rollings
1225 Lake view Avenue
Wayzata, Minnesota 55391
Phono U734i327
VHRfcmr
/<^>n
November 25, 1991
PJC11'^
city of Orono
p.O. Box 66
Crystal Bay, Mn
(DEC 2 1991
55323
RE; STUBBS BAY SEWER PROJECT.
I was to the meeting on November 20, but because I could
not stand any longer left before you got to my area.
1 would like to express my thoughts on this project.
As one of many, I cannot pay this asse-'^ment, eventho,
it is spread over a 15 Year period. Cost is a very
important factor and cannot be mininized.
This cost is more then many of the homeowners can absorb.
With our economy and job rate at a low level, this certainly
is not the time to hit us with anything more.
Many of us are on a fixed income and this certainly would
create a hardship or to lose our homes.
I know there are systems that are failing. Why can't these
systems be brought up to specs. Some household cannot use
all the water they want, we ghny^Ld be conserving our most
valuable natural resourse...water...
My system is functioning properly, my usage is limited.
A single bathroom, single person household, usage is small.
I have always watched my usage so to continue would be no
I understand that you will be assessing each household as
to financial burden and necessity.
Please enter my request to be exempt. If in months or years
to come, my systems fails or cannot be functional, assessment
can be made then.
I hope the village will be in contact with the homeowners
as to any developments on this project.
Yours truly;
Kathryn Anderson
398 Leaf St.
Long Lake, Mn. 55356
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Honorable Barbara Peterson, Mayor
City of Orono, MN,
%0V 1 9 1991
Dear Mrs. Peterson:
I am a resident of the Oxford Division which is the
designated part VI of the Stubbs Bay Sewer System.
My residence is in full compliance with the Orono City
ordinance regarding both land area of 2 acres or more and
Septic System set back from the lake. Our house v/as built
in 1906 and have had no problems with our Septic System.
viiere are at least 2 ether areas on our nroperty where
alternativie Septic System sites could be utilized if such
case would ever arise.
Therefore, in concert with other Oxford residents we
request exclusion from the Stubbs 7.3.y Sewer plan.
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Respectfully
Ron and Veronica Sheldon
3225 Bayside Rd. Box 61
Orono, MN. 5L356
Cc. City Administrators of Orono
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MINNEHAHA CREEK
WATERSHED DISTRICT
P.O. Bo* 3S7, Wavzata. Minnesota 55391
MMOOF MMIMBIS: James R. Spensleyi Pres. • Joim E. Thomas • Richard R Miller
Mwl 0. Ertckson • C. Woodrow Love • Clarkson Linotey • Thomas Maple. Jr
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MEMORANDUM
TO:
FROM:
DATE:
All Municipalities Within th: Minnehaha Creek Watershed District
Board of Managers
November 29, 1991
SUBJECTS Renewal of Existing Management Policy and Operating
Procedures for Gray’s Bay Headwaters Control Structure
Under Section IV.2 of the "Headwaters Control Structure Management Policy an.’
Operating Procedures" for the period March 1,1989 to March 1.1992, the Board of M^agers
is hereby notiiying each municipality within the Watershed District that the Board intends
to reQuest the Minnesota Department of Natural Resources to 'jncw the existing
management policy for the Gray’s Bay Headwaters Control Structure for the three-year
period commencing March 1, 1992.
The Plans i*nd Programs Committee will meet at 7:00 PM December 5. 1991 in Room 110 of
the Minnetonka Community Center to consider the Management Poli /. Based on the
Committee's hearing on November 21, 1391, the heavy fall rainfall and the recent drought,
small changes to the policy will be considered. The intent of changes would be to lengthen
the period of low flows and delay the release during periods of low water. During the
summer of 1991 the nsh screens were maintained in an effort to limit discharge of
Eurasian water milfoil downstream necessitating frequent monitoring of the structure.
In addition to this information gathered the Board depends on the cities to provide specific
information on which to base decisions concerning op^^ration of the structure.
The Board desires to receive comments froi any municipality which wishes to comment
or suggest modifications in the present ma' agement policy. The request to the Department
of Natural Resources for renewal will be made on December 30, 1991. A copy of the present
Management Policy was attached to the earlier memorandum sent to you Octobei i9, 1991.
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DEC 5
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MIIVIMEHAHA CREEK
WATERSHED DISTRICT
P.O. Box 387. Wayzata. Minnesota 55391
MNMQMUNMaS-.JarwsR SptnsleyiPres •JohnE Thamas• RicharcR Miller
Itobin 0. Efichion • C. Woodrov* Love • Ciartcson Linoiey • Tiwas Maote. J'
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ml Miniicroiiiii (
PLAHS AMD PROGRAMS COMMITTEE MEE' NG
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7:00 p.m.
Thursday, December 5, 1991
Minnetonka Community Center -- Room 110
Minnetonka, Minnesota
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1. city of Wayzata -- Gleason Creek Project.
2. Long hake Clean Water ''artnership Program, Phase II.
3. Grays fla: Headwaters v,^ntrol Structure management policy
and operating procedures.
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TO:
FROM:
DATE:
Mayor and City Council
Pon M' 1, City Administrator /\
December 5, 1991
SUBJECT: Repeal of Minnesota's President*al Primary
I have attached a letter from State Representative Steve Smith
concerning the repeal of th^ Minnesota Presidential Primary.
Many citis» have adopted resolutions calling for the repeal. The
major issues are as follows:
1. The Primary will cause additional cost to local
governments without providing additional funding.
2. Many see the Primary as an inexpensive way for
political parties to obtaif.- .ists of voters by party to
use in their campaign and fund raising activities.
3. The Primary does not directly affect the el»>ction of
candidates to public office.
The Council may wish to adop*- a resolution similar to the
attached ''’ity of Mound's resolution calling for the repeal of
Minnesota: a Presidential Primary.
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Steve Smith
state Representative
District 43A
Hennepin County
Minnesota
House of
Representatives
COMMITTEES: GOVERNMENTAL OPERATIONS. PENSIONS SUBCOMMITTEE, JUDICIARY FAMILY LAW SUBCOMMITTEE.
CIVIL LAW SUBCOMMITTEE LOCAL GOVERNMENT AND METRO AFFAIRS. TRANSIT SUBCOMMITTEE
December 3, 1991
Ms. Barbara A. Peterson
P. O. Box 164
Crystal Bay, MN 55323
Councilmembers as follows: Edward Callahan, J. Diann Goeiten, Gabriel Jabbour and
Mary Butler
Re: Repeal M.S. 207A - Presidential Primary
Dear Mayor and Councilmembers:
Enclosed is a copy of a Resolution (No. 91*166 "Resolution calling for Repeal of
Presidential Primary") forwarded to me by the City Council of Mound, Minnesota.
I enclose a copy of their cover letter as well as my response to the Mayor and
Councilmembers of Mound.
I thought you would like to know what a neighboring city thinks on this issue and invite your
input to me as your State Representative on the question of repeal of M.S. 207A the
Presidential Primary.
Sincerely,
iteve Smith
State Representative
2710 Clart Lana. Mound. Minnesota 55364 (612) 472-7664
State Office Building. St. Paul. Minnesota 55155 IR FAX (612) 296-3949 (612) 296-9188
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Steve Smith
Statt Representative
District 43A
Hennepin County
Minnesota
House of
Representatives
COMMITTCeS: GOVERNMENTAL OPERATIONS. PENSIONS SOBCOMwnEE. JUOJCIARV. F_AM«^^
CIVIL UV« SUBCOMMITTEE LOCAL GOVERNMENT AND METRO AFFAIRS. TRANSIT SUBCOMMITTEE
December 2, 1991
Mayor Skip Johnson
CityHaU
5341 Maywood Road
Mound, MN 55364
Councilmembers as follows:
Phyllis lessen
Liz Jensen
Andrew Ahrens
Ken Smith
Dear Mayor Johnson and Councilmembers:
I have received your Resolution No. 91-166 'Resolution Calling for Repe^ of Presidential
Primal/: as well as a November 13 cover letter signed by your City Clerk, Fran.
I didn’t know if you had foiwarded the Resolution to other city councils Moimd lake
ynULiNilFR so I have taken ihe liberty of doing so as weU as a copy of this letter.
Cenainlv there are arguments that favor holding a presidential prim^. For
arguably it U a means of broadening voter participation m the selection of presidential
candidates.
I -■.,...■.,1 riiat many cities are forwarding resolutions that me sMar to youre to the
s» “nS Si s.
Mv Dosition is as foUows: I said more than once campaigning for this job, that any time theSr ^
Oppose unfunded state mandates for local governments.
I will keep you advisej
Sh /
Smith, 5»(e Representative
2710 Claf Lww. Mound. MinnwoU 5S364
Awiem BuHdtnq. St Paul. MInnwota 55155
(612) 472-7664
m FAX (612) 296-3949
(612) 296-9188
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November 15, 1991
Representative Steve Smith
District 43A
Room 353
State Office Building
St. Paul, MN. 55155
SUBJECT: REPEAL M.S. 207A -PRESIDENTIAL PRIMARY
Dear Repgeuentative Smith-
the resolution is because of the failure of the State ^gislature
to provide funding to pay the costs of conducting this extra
Primary.
The City Council was of the opinion that the funding
Presidential Primary should come from state and/or political
party revenue sources not from local taxes.
mwArafore# the City Council is asking that there be legislative
action in the special legislative session scheduled January 6 -
17 1992, calling for the repeal of Chapter 207A or a
postponement of the Presidential Primary for at least four years
in order for full funding to be approved at the state level,
eliminating the need for any local government funding for
conducting this primary.
Thank you for your cooperation
Sincerely,
Francene C. Clark/Leisinger, CMC
City Clerk
enc
printed on recycled paper
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November 12, 1991
RESOLUTION NO. 91-164
RESOLUTION CALLING FOR REPEAL OF PRESIDENTIAL PRIMARY
WHEREAS, the statute establishing the Presidential
Primary was initially adopted without legislative hearings; and
WHEREAS, the Legislature has not provided reimbursement
of local government costs for conducting the primary; and
WHEREAS, the Presidential Primary is designed to
provide voters an opportunity to express preferences for the
nomination of presidential candidates by major national political
parties; and
WHEREAS, the statute establishing the Presidential
Primary (M.S. 207A) requires voters to declare which political
party ballot they will receive prior to casting their vote; and
WHEREAS, such political party voter identification will
become public information and a permanent record on the voter
registration file; and
WHEREAS, such records will be available for political
campaign activities, including canvassing and fund-raising; and
WHEREAS, the purpose and effect of the balloting
conducted during the Presidential Primary are unrelated to the
actual election of candidates to public office; and
WHEREAS, the outcome of the Presidential Primary
balloting will not determine the election of candidates to public
office in Minnesota or at the national level.
MOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, call on the State Legislature to
repeal the statute establishing the Presidential Primary to
eliminate requirements for local government to fund the costs of
the primary since such balloting is essentially a political party
activity which should not be financed with tax revenues.
The foregoing resolution was moved by Councilmember
Johnson and seconded by Councilmember Jessen.
The following CounciImembers voted in the affirmative:
Jensen, Jessen, and Johnson.
325
November 12, 1991
The following CounciImembers voted in the negative:
Ahrens and Smith.
Resolution carried.
ss/Skip Johnson
Mayor
Attest: city Clerk Q
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LAKE MINNETONKA CONSERVATION DISTRICT-- - - --
BOARD OF DIRECTORS
AGENDA
Public Hearing. 7:00 pm
Regular Meeting. : 30 pm nPC 9
Wednesday, December 4, 1991*^
Tonka Bay City Hall, 4901 Manitou Rd (County Rd
1991
19)
7:00 pm:Public Hearing: Proposal to increase liquor license
application fees for sale of wine and
nonintoxicating malt liquor from $150 to $300 per
charter boat.
7:30 pra: Regular Meeting: Board of Directors
Call to Order
Roll Call
Reading of Minutes - 10/23/91 Board Meeting
Public Comments - From persons in attendance not on agenda
Chair Announcements, Cochran
COMMITTEE REPORTS:
1.
B.
C.
HATER STRUCTURES, Chair Grathwol
A, Approval of minutes, meeting of 11/16/91,
Excelsior Bay Yacht Club (now Excelsior Park Tavern)
Special Density, Variance and New Dock License
applications, recommending an amendment to the
applications, to consist of 15 transient. 14
ov0might storage and three charter boat slips, (32
slips total) with three charter boats (of limited
passenger capacity, 2 to 14 persons) providing
passenger service from Excelsior Park Tavern docks!
Nagel Dock Use Area Variance, recommending
approval of draft order as amended by the committee;
Resolution Setting Application Fees for Licenses
for Multiple Docks or Mooring Areas, Commercial
Docks, Launching Ramps and Docks in Excess of 100
feet, for District Mooring areas. Deicing, Special
Density, Variances and for Permanent Docks as
approved by the Board 10/23/91, as recommended by the
committee;
3 or 4 boat storage study, recommending staff
continue to monitor 3 or 4 boat storage as part of
the annual boat inventory, in lieu of requiring
registration for docks storing 3 or 4 boats!
D.
E.
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Board of Directors Agenda, 12/4/91, P. 2
4.
F.
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H.
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Code Amendment regulating high intensity lights
directed out on the lake, recommending the second
reading be scneduled for the 1/22/92 Board meeting
lUlow, cities an opportunity to respond;
icing *1icense applications recommending
approval for the 1991-92 winter season as detailed
minutes:
Maxwell Bay Access proposed by MN DNR.
recommending sub-committee appointment to work with
DNR giving general support to the public access
acquisition, to include representatives of local
residents, DNR and Orono board member Hurr:
Additional business recommended by the committee;
2.ENVIRONMENT, EHM Task Force, Chair Reese
A. Zebra Mussel Proaction Flan, per edited enclosed
copy, for concept discussion;
Report on MN Lake Management Federation state
wide Exotics Committee and response to LMCD plan to
control Zebra Mussel;
Additional business recommended by the committee;
B
3.
B
LAKE USE. Chair Pillsbury
A. Approval of minutes, meeting of 11/25/91;
Special Event renewal application for Lord Fletcher's
Broomball, recommending old fee schedule to apply for
1991-92 as a result of advance application received
prior to fee schedule change;
Joint and Cooperative Agreement with Hennepin
County for Sheriff's Water Patrol 1992 services,
recommending apprcal, to be accompanied by
subcommittee meeting summci^ics with concerns to be
addressed on an on-going basis;
Resolution setting application fees for Special
Events and Watercraft for Hire, recommending
approval;
Resolution setting application fees for wine and
non-intoxicating malt liquor, subject to results of
12/4 Public Hearing;
Date of 1992 Save the Lake Recognition Dinner,
recommending Wednesday, 2/19/92 at Lord Fletchers;
Appointees to subcommittee on Access Sign Study,
amending appointments to include Foster, Reese, and
Slocum participating with LMLOA member appointees;
Additional business recommended by the committee;
0.
E.
G.
H.
FINANCIAL REPORTS, Treasurer Boswinkel
A. Statement of Cash Transactions, month ending 10/31/91
B. Audit of Vouchers for Payment
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Board of Directors Agenda. 12/4/91, P. 3
5.EXECUTIVE DIRECTOR REPORT, Strommen
A. MN Lake Management Federation Conference highlights;
B. MLMF Exotics Steering Committee recommendations;
C. Minnetonka Middle School EWM class presentation 11/22
UNFINISHED BUSINESS
1.
2.
3.
Management Plan review progress with Met Council;
Conflict of Interest sub-committee review, meeting
rescheduled for week of December 16:
Additional unfinished business
NEW BUSINESS
1.
2.
3.
Committee structure for 1992 operations; Chair Cochran
Committee chair appointments; Chair Cochran
Additional new business
ADJOURNMENT
EXECUTIVE SESSION TO CONSIDER LITIGATION
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UlCD Board of Directors October 23, 1991
Harry Hurley, 4764 West Ann Ro"\d, Sprin^^ t’ark. (Seton
Village Association), said their dock costs continue to rise. As
a resident it seems like a hefty increase.
Toro Levoy, Treasurer, Lakewinds Condominiums, expressed the
concern of 196 owners about the estimated 40% increase. They
have paid their fees on time and feel the increase is outrageous.
Neil Gostagna, LMLOA, said it continues to look like the
Board is trying to get money from the same sources. It should go
to a user fee in his judgment.
Mark Breneman questioned how the Board can justify the
$50,000 increase. Reese responded that this is the first
increase in five years, and it does not meet inflation during
that period. Boswinkel /arned against using percentages as they
give a wrong perspective based upon the amount of money being
talked about.
Win. Skolnick, 4100 Wendover Ct., Minnetonka, asked how much
it costa to issue a license, and what is included in the cost.
The executive director responded that the cost is based on the
administration of dock licensing, special events, variance
applications, public hearing costs, charter boats processing and
all of the public accommodations the District is allowed to
license. It takes into consideratior mMCD administrative costs
for operating expenses as well as personnel.
Skolnick concluded he believes a study should be conducted
and those people who use the lake should pay the fees.
Charley Jones, Minnetonka Boat Rental, said the fees they
charge have not increased in the past five years.
Hurr suggested that LMCD Board and LMLOA members may be
interested in a free hearing on a Regional Parks Workshop,
"Should There Be a Fee for Access to Regional Parks?"planned for
10/28. A meeting notice was given to LMLOA President Don
Qermanson and circulated to interested board members.
LeFevere said the fee increases, based upon the total amount
of the budget, are within the legal autliorisation given to the
District. The amount of the fee is within the discretion of the
Board.
Babcock noved, Hurr seconded, to amend the motion for
approval by charging a late fee for multiple dock license
renewals at a ninimum of $50 or 10% of the license fee from 12/1
through 1/1, 20% through 3/1 and 30% after 3/1. Motion to amend
carried unanimously.
The motion to approve the application fee schedules for the
1992 and 1993 seasons, as amended, subject to a public hearing
for the proposed liquor licensing fees. carried, Markus and
Slocum voting fiay. 1
C. Three
Grathwol
and Four Boat Storage
________ moved, Pillsbury seconded,' to approve
of an Ordinance for dock r<sgistration as follows:
1) All residential docks storing 3 or 4
watercraft. at a $10 fee, to include information as
by the subcomiiittee report of 9/18/91.
preparation
res tricted
recommended
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LMCD Board of Directors Octol)or 23, 1991
two
or 4
2) All shared or combined residential d-.".'ks of
restricted watercraft at no fee, shared docks v;ith 3
restricted watercraft to be registered at one SIO fee.
Slocum said he supports the need for the information but
asked that the $10 fee be eliminated. He feels we are a.sking for
information to identil rentals and other data, and then chaining
for it. Grathwol suggested a sunset provision or charging a
higher fee for one year and then charging a fee onl.v v/hen there
is a change. Carlson expressed concern ab'.'ut any .additional fees
to property owners, and to look at what it will cost to
administer.
Doswinkel suggested a letter be writtetj to thos*^ with over
two boats, asking that they comply as required.
Qrathwol responded that this is an att-iMiipt to Ijring l..>gether
information in response to complaints ab'.>ut rental <■.•1 d<;'Ck3 to
non-residents. Support from the great mas.-.e.? ot per-sons on the
Lake will be needed to make it successful.
Foster expressed concern abo'.it adding anotlier layer of
registration requiring another form. He favors preventing rental
of docks without a license because it Ls .^pp.arent from
advertit»ements in the papers that it is being done. He believes
LMCD does not have the staff, pov/er or
done on this issue. Foster believe.s
Thibault indicates an infinitesimally
four boat storage docks. among the k
Lake. The executive director stated a
shows there with 187 docks with three, four or more boats out of
an estimated 2.000 docks on the Lake. The staff receives five
or six complaints per season about use of docks hy otlier tljon tlje
resident, all of whicli have been .tcteil upon. The ci.'ncern is that
as this storage increases, especially with tlie return of normal
water levels, it increases the potential growtli o£ the Lake use.
Grathwol added that the expiratioti of the moi-atorium on tlie
building of multiple docks will result in iii':'re applications for
multiple docks. Reese mentioned the District’s indication to
marina owners that something would be done about the private
rental of slips. Babcock does not see tliat this study addresses
boat rental.
Grathwol moved, Foster seconded, to refer the study back to
the subcommittee. Motion carried. Markus, Heese, Owen and
Pillsbur/ voting nay.
whatever t<.-> get the Job
the inventory done by
small number three and
(Jf.iU boats stored on the
1991 phy.sicai inventory
D. Code Amendment Regarding High Density Lights
le first readingGrathwol moved, Reese seconded, to approve t
of a code amendment to Secti<;>n 2.0.3, addinp dock license
requirements for lakeshore sites utilising high iiitensity lights.
Slocum noted this amendment do.als with liglttp on docks. not
on shore. He believes It should go back to the ejunmittee.
responded that this is the first reading and if there
concerns. the concerns could be discussed at the committee
the cities could be asked for comment.
Babcock spoke in favox* of the proposed ordinince.
Hurr
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LAKE MINNETONKA CONSERVATION DISTRICT
Board of Directors
Rei^Iar Meeting, Wednesday, October 23, 1991
Tonka flay City Bali
draft
Call to Order: The meeting was called to order by Vice Chair
Foster at 7:35 p.m.
Roll Call
Heabera Present: Bert Foster, Vice Chair, Deephaven: Janies
Grathwol, Excelsior; Robert Pillsbury, Minnetonka; Jan Boswinkel.
Minnetonka Beach, Treasurer; Scott Carlson. Minnetrista; Thomas
Reese. Mound; JoEllen Hurr. Orono; Douglas Babcock. Secretary,
Spring Park; Robert Slocum, Woodland. Also present: Charles
LeFevere, Counsel; Sgt. Wm. Chandler, Sheriff’s Water Patrol;
Rachel Thibault. Administrative Technician; Eugene Strommen.
Executive Director.
ffeabers Absent:
Rascop• Shorewood.
David Cochran. Cliair, Greenwood; Robert
Oath of Office:
LeFevere administered the 0 th of Office to newly appointed
Board nembers George Owen, Victoria, and Duane Mai'kus, Wayzata.
They were seated as members of the Board of Directors of the Lake
Minnetonka Conservation District. Foster welcomed them to the
Board. , ,
LeFevere administered the Oath of Office to the newly
elected officers of the Board of Directors, Thomas Fieese. Vice
Chair, Jan Boswinkel. Treasurer, and Douglas Babcock. Secretary.
Foster turned the gavel over to Vice Chair Reese.
Reading of Minutes
Hurr moved, Grathwol seconded, to approve the minutes of tFie
9/25/91 meeting with the following correction: Page 8 Conflict
of Interest. Paragraph 3, line 2 to read "LeFevere said ti^at
adding the word "To" goes beyond the requirements of the law."
Motion carried unanimously.
Public Conments
Gabriel Jabbour, Orono CounciImember. informed the Board
that the DNR has taken an option for a piece of land on Maxwell
Bay for a public access. Jabbour consider! this of interest
because the Management Plan suggested it would be years before
DNR would have the money to do such things, but they are already
moving full steam ahead.
Strommen presented a letter from Greg Rye. Wayzata
Councilmember• suggesting the portion of the Management
referring to the removal of Board members by the LHCD Board be
changed to "An LMCD Board Member of a City can be replaced only
at the discretion of the appointing city." Reese asked the Board
if any action was preferred.
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LMCD Board of Directors October 23. 1991
Markus reported & discussion v;ith liye who wondered v/hy there
is so much animosity over such a small issu^. Jt appoars LHCD
doesn’t have the power. They want their own p'ower to hire and
fire their own members. If the Board has this rov»er, it would
only be a self-serving body, tending to take out a member who
does not agree with the majority.
Reese responded that this topic was discu.ssed during tlie Plan
re*''iew, and there was not support for Waysata’s position to
change the wording. Reese invited the Beard to express its
comments on the i.ssue.
Grathwol pointed out that h*^ doe.s n«;>t believe that
deliberative body sliould give up tlie right to conti'ol its
members. He does not believe that that sliould be very easy,
the 20 years this body has existed it has never happened.
Grathwol added that to him it is a fundamental principal of
democracy in deliberative bodies tliat they mu.st liave some control
of its own membership. That does ri'.>t mean cities who appoint
members should not have the power to control people they appoint.
There were no further Board comments.
any
own
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Chair Announcements. Hone
Committee Reports
1. ENVIRONMENT
A. Eurasian Water Milfoil Ta;?!; i'<:>rce. Chair Reese
1) Reese submitted the Eurasian Water Milfoil Tcisk Force
position statement on the Problem of Eurasian Water Milfoil in
Minnesota Lakes for consideration by the Minnesota Lake
Management Federation at its lU/27-29/91 annual conference.
Strommen explained the Federation is made up of Lake
Associations throughout the state and prof e.ss ional people
involved with local, regional and state public agencies. The
Federation was reactivated in 1969. The group is the only
existing non-profit association representing like oriented groups
on a state wide basis. Reese s.^iid there are other proposals
being developed by lake associations lo be pr* .ented along the
same line.
Don Germanson. Lake Minnetonka Lakeshore Owners Association
(LMLOA)t said their organisation has been viorking with the Metro,
Brainerd, Hubbard County and Wright County coalitions of lake
associations to urge the 40U-member Federation to back a more
extensive proposal al.so presented to the Board.
Grathwol moved, Hurr seconded, to support the Eurasian Water
Milfoil Task Force position statement on the EWH problem as
reflective of the LMCD Board’s concern for Eurasian water milfoil
as a detrimental aqu.itic plant if left uncontrolled, and to
encourage the MW Lake Management Federation general membership to
support the concept at their i.>ctober 27-29 annual conference.
Motion carried unanimously.
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LMCD Board of Directors October 23, 1991
B. Reese presented a second proposal adopted by the EWM
Task Force for creation of an interagency agreement to prevent
the spread of Zebra Mussel among Minnesota lakes. The agreement
is proposed to be ready upon consensus by a state-wide contingent
of private and public stakeholders for implementation by April 1,
1992.
Foster moved, Babcock seconded, to add "These treatments
will also apply to live bait and live bait containers" to
pj7®ventative measures in the draft proposal, and to support tlje
draft proposal as amended, and furtlier invite the MN Lake
Management Federation general membership support of this ./vncept
at its annual conference 10/27-29/91. Motion carried
unanimously.
C. Mark Breneman, 4014 Sunset Drive, Spring Park, spoke to
the Board on the matter of the Gray’s Bay dam. He noted all
three gates are open and the water level has dropped from 929.49’
on 9/25 to 928.82’ on 10/20. His calls to the Minnehaha Creek
Watershed District (MCWD) indicate they will leave the dam open
until sometime toward the end of November. The rules for the dam
control set the level of Lake Minnetonka at 928.6’. Breneman
suggested the MCWD take daily readings and adhere to the
regulations.
Dayton Williamson, 2012 Villa Lake, Mound, said he has
9" of water at his dock. He said no one is suffering with
l^^gber lake level. Hurr responded that the citizens should
the Watershed representatives directly. The LMCD had input
the dam was constructed, but does not have any control over
dam.
Hurr moved, Reese seconded, to direct staff to advise
Minnehaha Creek Watershed District managers that the LMCD Board
is concerned about maintaining the level of Lake Minnetonka (at
928.6') and ask the MCWD to continue to re-evaluate the criteria
used to establish the rules. Motion carried unanimously.
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2. WATER STRUCTURES Chair Grathwol
A. Minutes Grathwol moved, Pillsbury seconded, to approve
the minutes of the Water Structures and Environment meeting of
10/12/91 as submitted. Motion carried unanimously.
B. Fee Study
Grathwol presented the Fee Study sub-committee
recommendations for license fee increases in two stages per the
10/23/91 schedules handed out at the meeting with ad.iustments to
the late penalties to be reviewed by committee for 1993 and
wine and non-intoxicating beer license application fees subject
to a public hearing for consideration of the increases as
required. ^, * i ^_Grathwol moved, Hurr seconded, to approve the Applxcatxon
Fee Schedule for the 1992 and 1993 seasons as submitted, dated
10/23/91.
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LMCD Board of Directors October 23, 1991
Markus asked about the intended use of tlie additional money-
being raised by the fees. Grathwol responded that tlie additional
money raised is approximately $5U.00d. It will be used to cover
the costs of administering the license and permit operations. By
covering more of the costs through fees, tlie city levy obligation
is expected to be reduced.
Slocum stated he believed the original purpose of tlie study
was to implement user fees. Slocum believe.s this cannot be done
under the present law. Slocum believes that any tiiought that
taxes will be reduced is not realistic . He said the Board is
moving too fast as tlie increases do not address all the users of
the Lake. Gratiiwol responded that tlie Board keeps hearing from
the cities and taxpayers that they are uncomfortable witli the tax
burden. This is part of the approach of finding new sources of
funding and is only part of the solution. Carlson added tliat in
his opinion no taxpayer will see any relief. It will impact the
cities in their budgeting process.
Markus believes the LMCD keeps g-'ing to the same group of
people for funding. The Distx-ict has a surplus in its funds, and
he suggests that should be used to give relief to the small
business people who are having financial difficulties in
operating marinas. It is also necessary to go to user fees, he
added. In Marcus’ judgment, a 2'jZ increase is exces.sive. Elurr
responded that the increase is only about 1% of the rate a
marina charges for a slip, (the increa.se being $5 the first year
on an average 2.5 watercraft storage unit slip) Reese added
the LMCD will develop proposal.^ for the legislature to get them
to consider the broadest base user fee. In the meantime it is
necessary to demonstrate to the legi.slature that everything
possible has been done to fund lake managemeiit pr'.'grams from
local income sources. Boswinkel said the fee increases are
directed to the people benefiting from the administration of tlie
Lake, and the Board is doing the Job it is supposed to do.
LeFevere counseled care in the terminology being used.
These are not charges for the use of the Lake. It is not a fee
based on someone's ability to pay. These are license fee.s which
the Board is authorised to require up to the amount it costs to
administer the licensing program. The Board cannot set a fee
greater than the cost to license.
Jerry Rockvam, Rockvam Boat Yards. Inc., Spring Bark,
mentioned a previous allusion to refunding some of tlie money to
the cities. He was advised that tliat part of the lee study
program has not been approved by the Board.
Don Germanson, LMLOA, said his organisation w.auld like to
see a subcommittee appointed tonight to study user fees.
Gabriel Jabbcur, Orono council member, suggested the
District could hire an outside contractor cheaper to do the
licensing than trying to do it in-house. He also disagreed with
the proposal not to charge late fees, v/hich work to the
advantage of those who do not wish to comply by paying by the due
date. He suggested auditing the efficiency of the staff to see
how much it doe.s cost to administer the iicen.sing. He a.sked for
reconsideration of the late pen.alty.
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LMCD Board of Directors October 23. 1991
LeFevere said his understanding in preparing the amendment
was that the reference was to be lights directed to the Lake
which cause a navigational hazard, striking words 'on the Lake”,
now limited to lights on docks.
Babcock asked to change the motion regarding docks in excess
of 100' in length.
Grathwol and Reese accepted the changes in wording
eliminating the wording "Docks in Excess of 100 feet in Length"
in Paragraph i and eliminating the words "docks of more than 100
feet in length or a" and the words "on the Lake" in Gubd. 1.
These changes add a new category of docks to the multiple dock
section.
Foster noted he was uncomfortable with reference to
"unshielded lights" being more than intended.
Reese expressed that lights are being installed at great
expense as this is being considered. He favors tlie ordinance,
urges Its adoption.
Foster moved, Slocum seconded, to refer the proposed
ordinance amendment back to the committee. The vote was 5 ayes
and 6 nays with Markus, Boswinhel, Babcock. Reese, Hurr, and
Owen voting nay. The motion failed.
The first reading of the original motion as amended was
approved. Foster voting nay.
E. Petition to Minnehaha Creek Waterslied District
Grathwol moved, Pillsbury seconded, to approve and forward
to the Minnehaha Creek Watershed District a letter petitioning
the reactivation of the Long Lake Creek Subwatershed storage and
retention project. There is no expense to the District. Motion
carried.
F. Deicing Applications
of theGrathwol moved, Pillsbury seconded, approval
following deicing applications:
1) New: Excelsior Park Charters, at Excelsior Park
Tavern multiple docks. Excelsior Bay.
2) Benewalit Minnetonka Yacht Club, Carson’s Bay
Rockvam Boat Yards, Sites 1 and 2 combined
Motion carried, durr abstaining.
3) Thibault .'eported that Creg Malik, 4908 Three Points
Blvd.. Mound, ka.. made application for a deicing permit. Malik
has a permanert dock for three boats. The LMCD does not have
records of anr violations in the operation of the applicant's
dock.Reese asksd LeFevere what LMCD'a legal basis is where the
applicant has been observed by two board members as storing more
than four boats in a dock not licensed for multiple boat storage,
but no written record exists of this alleged excess boat storage.
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LMCD Uoarcl of Directors October 2J, 199!
Apart from the fact that LHCD has never cinrrred the
applicant with a violation, Lef’evere resf.".>ii<Je'J that t!ie two
issues are separate, that of an application for deicing a
permanent dock, and an alleged operation of a multiple dock
without a license. If there is a violation of a multiple dock
license, LMCD should require them to secure a licen.se. LeFevere
does not believe an applicant should be tangentially punislied in
any other way for not having a license that they are otlierv»ise
entitled to because they may have violated any other unrelated
provision of the code.
Hurr moved, Dabcock seconded, to approve a deicing permit
for George Malik with staff to review tlie need for a multiple
dock license in 1992. Carl.son qu^^stioned the multiple dock
license condition until a violation has been established. Motion
carried, Pillsbury voting nay.
3. LAKE USE. Chair Pillsbury
A. Hinutes Pillsbury moved, Grathwol seconded, to approve
the minutes of the Lake Use Committee meeting of 10/21/91 as
submitted. Motion carried.
B. Resolution Limiting Signs in Channels
Pillsbury moved, Foster seconded, to approve a Resolution
restricting the placing of signs in channels. Motion carried.
C. Deposit Refund
Pillsbury moved, Foster seconded, to -approve a deposit
refund of $100 for the Nelson Wedding Fireworks. Stubbs Bay,
8/3/91. Motion carried.
D. Water Patrol Report
Chandler indicated there were no clianges in the report as
set forth in the Lake Use Committee minutes of 10/21/91. He
added there are two problems with snowmobile and watercraft
registrations.
1) The new registrations of snovnnobiles call for a 2" x 5"
sticker with 1" numbers in place of the large 3■'numbers, based
upon pressure from the snowmobile industry associations.
Snowmobile thefts and moving violations are on the increase.
Identification would be difficult for the deputies because of the
small numbers. The Water Patrol, UN Sheriff’s Assn., and other
enforcement agencies are trying to rally support to persuade the
DMR to retain the larger identification numbers. LMCD’s support
on this concern is needed.
2. A problem has developed that tlie watercraft
registration division of the DNR. is not proce.-,s Itig watercraft
licenses in a timely manner. Boatf-rs aje being stopped for Icick
of registration numbers. Tlie temporary license in the owners
possession does not help the deputie.3 to make a vi.sual
-continued
LHCD Board of Director:October 23, 1991
identification of a watercraft. Owners are becoming frustrated
by the stops and safety inspections which fellow. Titling of
watercraft has further complicated the registration processing,
the system is also being tied into fish and game lotteries.
Pillsbury moved, Foster seconded, to direct a letter to the
Trails and Waterways Division of the DNK expressing tlie LNOD
concern about the size of the identification on snowmobiles and
the delays in is'uing watercraft licenses. Motion carried.
4. FINANCIAL REPORTS, Treasurer Boswinkel
The Board received the Statement of Cash Transactions for
the month ending 9/30/91 and the third quarter financial report
ending 9/30/91 and ordered them filed.
Foster moved, Babcock seconded, to approve payment of
in the amount of $38,387.77, Checks 8185 through 8235.
carried.
bills
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5. EXECUTIVE DIRECTOR REPORT. Strommen
A. Strommen reported bids are being taken for a second
computer. He estimates the cost will be less than the first
computer system, and under the $2,000 equipment budget.
B. The Metropolitan Council needs an e.xtension of the
review period for an additional 45 days beyond the November 4
extension deadline.
Hurr moved, Foster seconded, to extend the dates for the
Metropolitan Council review of the Management Plan for Lake
Minnetonka for an additional 45 days, from 11/4/91 to 12/16/91 in
order to accommodate the final di'aft review. Motion carried.
OMFINISHED BUSINESS
1. Conflict of Interest Policy Statement
Hurr moved, Foster seconded, to table the conflict of
interest policy statement back to the committee, and then bring
it back to the Board at the December meeting. Boswinkel
questioned the purpose of bringing the statement back to the
committee. Hurr responded that she wants more input from those
p0QpiQ who were advisors to the committee. Boswinkel pointed out
that the people who were advisors to the committee were the ones
who put the statement together. Boswinkel stating he was one of
^hoDi •
Foster withdrew his second, Babcock seconded the motion
upon Foster’s withdrawal. The motion carried with Markus,
Boswinkel, Slocum and Foster voting nay. ^
Boswinkel asked for further clarification of Hurr s
objection to the statement. She responded that the statement in
her opinion does not adequately reflect the input of those
people who were asked to advise the committee.
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UfCD Board of Directors October 23, 1991
ADJOURNMENT
Slocum moved, Babcock seconded, to adjouin
Motion carried. Meeting adjourned at 9:30 p.m.
tlie meeting
David Cochran, Chair
Douglas Babcock, Secretary
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LAKE MINNETONKA CUNSEUVAl'lON DISTRICT
Action Report:Water Structures and Environment Committee
Meeting:7:30 a.m. Saturday, November 16. 1991
Norwest Bank Bldg., Waysata, Community Room
Members Present: Bort Fost.oi-, D'.-'pliaven; Jam*';-. Mratliwol.
Excelsior, Chair: David Cochran. Creenv;ood; Robert t’iilsbury.
Minnetonka: Thomas Reese, Mound; Robert Rascop. Ghorewood;
Douglas Babcock, Spring Park, Vice Chair; Tom Penn. Tonka Bay;
Robert Slocum, Woodland. Al.so present: Rachel Thibault,
Administrative Technician; Eugene Strommen, Executive Director.
ENV1R0NIU?NT
1. Eurasian Hater Milfoil Task Force, Chair Heese
A. Report of 11/15/91 Task Force meeting
Reese reported Jay Rendall. Department, of Natural Resources,
Exotic Species Coordinator, made a sii?nificant contribution to
the 11/15 meeting.
Foster added the DNR has developed an exotic specie.s plan
which is in draft form. It does include funding. The DNR is
working with the Corps of Engineers, from whicli tliey expect to
receive funding in 1992.
Reese reported the appointment of a sub-committ*ae to advise
and help the LMCD develop tlie 1992 control program on Lake
Minnetonka. The sub-committee will include representatives from
Hennepin Parks. the DNR, Lake Minnetonka Lakeshore Owners
Association (LMLOA), Lake Restorations, Inc., a marina owner
]^opjres^ntative, Freshwater Foundation, and the LMcD. Tlie sub
committee will meet December 2.
On funding Reese said the legislature is providing DNR
$440,000 in 1992, 1993 and 1991 from the $2 watercraft surcharge
for control of all exotics. EWM will re*Deive $250,000 for control
state wide. ..... ^ i /i -Foster reported he attended tlie House Mini Session on 11/1/.
The Legislators indicate they are beginning to hea»* the EWM
problem. To solve the EWM problem in Minnesota would cost
$10•000»000. To treat the entire Lake Minnetonka v/ith SONAR
would cost $2,500,000.
Foster commented on tlie difference of opinion between the
fishing community and the recreational boaters as to problems EWM
does or does not cause. He mentioned Rendall said EWM will
affect the fishing over a period of time as the good fishing
^Xong the milfoil beds has the potential to deplete the fish
population. He also said Rendall hears from persons all over the
state that milfoil is not being taken care of at the launch
ramps.
U. Zebra Mussel Proaction Plan
Reese presented a draft plan he designed to prevent the
introduction of the Zebra Mussel into Lake Minnetonka, as a place
to start discussion with the D'^ard and to guide stafl as foll*:*ws.
Hater Structures and Knvironment Committoe Nov^imber lb, 1991
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1. Reduce the total number of access points to just a few
higher quality accesses. There are 26 accesses listed in the
Arndorfer report. This plan would propose blocking off all
except long term accesses and spread the accesses around the
Lake. There would be about 6 high quality accesses with parking
or shuttle buses.
2. Man these accesses up to 24 hours a day depending upon
the access, the season and the weatlier. Block tliem off during
periods that they are not manned.
3. License cooperating marina.s and car washes, to operate
an approved system for boat cleaning that will clean.se a boat of
any potential for introducing the mussel to the lake.
4. For a fee. boats to be launched are cleaned. and a
certificate issued.
5. Certificates are turned in at launch points. certifying
that the boat has been cleaned x>/ithin a specified period prior to
launch. The certificate would be valid for launcliing only on the
day issued, details to be worked out.
6. Process applies to all boats to be launched in the lake,
including lakeshore homeowners.
7. Boats are checked at access points for milfoil when
leaving the lake.
8. Restrict live bait use in tlie lake. Foster added that
the DNR controls where the water for bait tanks come.s from.
9. Greatly increase the number of available boat rentals of
all types.
10. Increase the number of rental slips on tiic lake.
Reese said he has developed the plan in response to the
expectations of a number of groups that the LMCD will come up
with a plan. Rendall is developing a plan to control exotics
from the source. Rendall encourages development of a plan by other
organizations. Reese proposed di.scussion by the committee and
forwarding the draft to the Board. The goal would be for tiie
Board to instruct staff to finalise a plan to include staff,
dollars and timing. ... . j
Slocum noted the added problem of the mussel being carried
into the lake by water fowl and float planes.
Babcock acknowledged the good thinking behind proacti«pn.
He believes the plan would reduce the risk of large infestation.
Penn sees the need for a pro-active stance. He recognizes
that there may be parts of the plan LMCD can and cannot do. It
is preventative maintenance.
Foster said controlling the zebra mussel is more difficult
than milfoil. He believes there has to be a weighing of the
nature of the disaster with the radical nature of prevention as
the draft plan proposes. He sees milfoil as a greater problem
than zebra mussel. He questioned the cost of 24 hour access
inspections. Foster also expressed concern about the fishing
tournaments and suggests inspection and treatment should be
required in their special event permit provision. He is also
concerned about funding being taken away from the milfoil
program.
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Water Structures and Environment Committee November 16, 1991
with
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Grathwol sees the need to educate everyone about the
problem. While he sees the chance of success as minimal,
everyone must be asked to help, change their attitud-^s. get them
all to talk about it - it is going in t{ie right direction.
Cochran acknowledged there could be a problem
Implementation, but he would like to .see a plan, perhaps
through the EWM Task Force, and presented to the Board.
Cochran moved, Babcock seconded, to forward the concept
a proaction plan designed to prevent the introduction of
Zebra Mussel into Lake Minnetonka to the Board for discussion.
Motion carried.
The executive director reported tl>e Minne.sota Lake
Management Federation appointed a steering committee which meets
on 11/16 to deal with exotics. This el fort will bring in the
whole state. Radical changes are needed. That group will
welcome public agencies to bring out the costs (dollars,
inconvenience and sacrifice) and determine the public’s
willingness to support it. Babcock added that if there were
enough money to cover the costs there may not be tlv= negative
reaction expected from the public.
Foster moved, Pillsbury seconded, that the LMCD Environmer.t
Committee direct the executive director to present the conceptual
plan to prevent the introduction of Zebra Mus.se 1 into Lake
Minnetonka to the Minnesota Lake Management Fedorati';>n as an
indication of the committee's concei'n -about Zebra Mu.s.sel and that
this is one method being contemplated for the protecti'.*n of Lake
Minnetonka. Motion carried.
WATER STRUCTURES
The agenda was amended to consider Item 3 to
public.
accommodate the
3. Excelsior Park Tavern, Excelsior Day, Excelsior
was
the
The Excelsior Park Tavern (EFT) multiple dock license
brought before the committee for clarification. In 1990
ownership changed from a private yacht club facility to a public
restaurant, the Excelsior Park Tavern. When operating privately
as the Excelsior Bay Yacht Club (EBYC) there were .3L‘ transient
slips. The EBYC applied for a reconfiguration of the dock with
eight additional slips. They were granted approval of 40 slips.
26 for overnight storage rental, 10 transient and 4 for charter
boats which would boai*d and discharge passengers as well as
docking overnight. The license was conditioned upon furnishing
specific amenities. An Environmental Assessment W«.irksheet was
prepared. The City of Excelsior denied the use of slips for
boarding and discharging charter boat passengers because of a
lack of sufficient parking. The additional eight docks liave not
been built. The EPT has been operating with tlie 3U original
slips, 18 of whicli are overniglit storage, lU transient and 4 for
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Wa'taz' Structufes and Environnont CommibLoo Noviimber lb, 1991
charter boat overnight storage. Amenities required under the
special density provision of tne new dock license were provided
except for the charter boat operation, proliibited by the City of
Excelsior due to parking limitations.
EPT leased transient dock space from the Mai Tai. a non
operating ad.jci- ent restaurant, in 1991. EPI indicated it does
not have immediate plans to rebuild the dock witii tlie additional
8 slips. ^ , ,
Michael Bx'oso. EPT. said they operated in 1991 with only a
small ten passenger catamaran for charters. They plan to operate
three small capacity charters in 199.'1. two to tourteen capacity.
It is not known whether the City of Excelsior will approve these
three smaller charters.
Babcock said the reason the license was approved was the
availability of the charter boats. In view of the denial of this
service by the City, it is his judgment that a new license is
required. , . ,
Fred Brunt.ien. EPT. said the EPT does not plan dock
reconfiguration at the present time. . • u *
Grathwol stated that the committee is looking at the 4U boat
license. The LMCD is not getting what it was promised. The
needs to state what it wants to do.
Babcock suggested the EPT withdraw the application
proceed with a 32 slip application. Then the owner could
apply for the 40 slips after January when the moratorium
multiple docks ends. Babcock added he is not against a
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application for this area as the location demands it. He does not
feel the conditions for the special density license have been
met. He voted in favor of the 40 boat license only because of
the charter boats being available for public use.
BruntJen said the EPT wants to keep the rental slips as that
helps with their financing. He rioted it cost $0000 to provide
life guards for the public swimming program amenity. Money from
the slip rental was allocated to that operation.
Cochran was excused. , • * •
Rascop said the circumstances call for a new application.
He suggested denying the 40 slips. Bruntjen asked how thev could
operate as a business if the whole plan is changed. They are
working with the City. EPT wants the overnight storage and
charter boat operation. This is the time of the year EPT will be
advertising for 1992 rentals.
Grathwol summarized the discussion by saying this comes
before the committee because of the change in the charter
operation. the cliange from a private to a public operation and
because of the delayed reconfiguration. Ho stated the committee
wants to get more transient slips and a resolution as to how
Charters will be handled. Now that the EPT is public. Foster
sees need for more transient slip.s and less need lor amenities.
Ho suggested a trade- off between the swimming lessons and more
transient slips. , , ^
Reese noted the smaller charter.s proposed do not need as
much parking.
Water Structures and Environment Committee November lt>, 1^91
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Rascop said as far as he is concei-ned the EAV/ v/hich went to
the City was not approved for 40 slips with tlie required
amenities. A new application is needed.
Babcock mf ed, Foster seconded, to refer the Excelsior Park
Tavern license to the staff to work with the applicant to reach a
conclusion which is acceptabl*'- t''« tlv applicant nri'i meet.'"; LM<*D
requirements. The staff report is due at the Kl/4/yi meeting of
the Board. Motion carried.
Foster asked that item 3 be reintroduced subsequent to the
discussion of items 1, 2, 4, and 5 on the agenda. The applicant
Indicated to Foster that he needs additional answers.
The EPT would be comfortable with amending the license
application for 32 slips. They would keep the swimming lessons
despite the cost. EPT does ask for 15 transient docks, 14
overnight docks and 3 charter boat docks for both overnight and
loading and unloading passengers. This will allow the EPT to go
to the City of Excelsior with a plan approved by the LMCD.
Foster moved, Slocum seconded, to recommend to the Board an
amendment to the new dock license application for the Excelsior
Park Tavern to have 15 transient slips, 14 overnight storage
slips and 3 charter boat slips. The charter boats would be
overnight .storage and would load and unload passengers. The
other amenities would remain the same as they v^ere with the 40
slip application. The configuration would remain unchanged.
Babcock expressed concern if the City says no to charter
boat loading and unloading. Fo.ster suggested that the three
charter slips would then go into transient use.
Babcock expressed concern about whether there ai'e enough
amenities for 14 storage slips if the charter boat.s are denied.
This is a negotiated arrangement coming out under tlie Code prior
to the amenity point.s amendment. He added he does not believe
whether a city denies or approves an application should affect
LMCD’s position.
Babcock asked whether an EAW wo.»ld be needed. The executive
director confirmed an EAW is not needed unless there is a dock
expansion for a facility over 2U,0ao sq ft per Environmental
Quality Board Rules.
Birun’tjcn was advised that if the EPT wants to expand to 40
slips it will have to make a new dock and special density license
application.
The motion carried.
1. Bupp E«ength Variance Application
Grathwol reported tlie review the public hearing report
findings ha.s been postponed to the January, lyyj meeting as
the applicant is still prepax*ing his proposal with the affected
nelghbor(s).
2. Nafiel Dock Use Area Variance
The committee received a draft of the order for
application for variance by Terrance and Jili Nagel.
the
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Water Structures and Environinent Committee November 16, 1991
executive director asked lor a change in v;oriing on page the
second sentence to read: Likewise, the docl-- which had existed on
the Nagel parcel lor a number ol years had been c..cside ol the
authorized dock use area for that parcel and has been so r^
constructed . . . i r
Reese moved, Pillsbury seconded, to recomme-d approval or
the draft Order for the Nagel dock use area variance with the
corrected wording as suggested. Hnt,i...ri carri''d.
4. Resolution to Implement Fee Increases Approved at the
10/23/91 Board meeting.
The Resolution as presented wa.s corrected as fr.llov/.s:
Paragraph .3 to read: NUW. THFKFFnRE. BE I'l' ^ HE^:;uLVEL> that
application fees lor licenses required by the provisions
hereinafter cited shall sapeursede Resolution 61 and 6Z and be as
follows:
Section Ic is to be deleted atid tiie subsequent sections
renumbered.
Babcock moved. Reese seconded, to recommend arprov.ai ol a
Resolution Setting Fees for Licenses for Multiple Docks or
Mooring Areas. Commercial Docks. L.auriching Ramps and Docks in
Excess of 100 feet, for District Mooring Areas, for Deicing, for
Special Density Licenses, for Variances, and for Permanerit docks
with the corrections a.s noted. Motion carried.
5. Staff Review of Proposed RegistrabJon of Docks with 3 4
Restricted Watercraft.
The committee received a report 1 rom riiibar.lt dated li/o
responding to the recommendation for registration of docks with 3
or 4 restricted watercraft. The report includes the procedure
for identifying the docks, notification of tlie cwp.ers and
follow-up and a detail of the implementatiori. The stall
conclusion is a recommendation to postpone the implementation ol
registration for at least 2 years. The implementation was
determined to be very time consuming. Staff will continue to
inventory unlicensed docks with .3 or 4 restricted waterciatt.
The committee proceeded to discuss the proposed registration
and alternatives. Grathwol said the study originated by
recognizing there are about 6.ODD boats on the Lake. Management
Plan study discussions said that number may double. The
committee was looking for a way to control this potential growth.
Slocum said there should be a mechanism to control the
growth of the rentals at private docks. He feels there is a
positive in the regi.stration process. Residents who have 3-4
boats at their docks should prove the boats are their own. If a
complaint is received it would only be necessary to ask it the
boats are registered.
Foster su«ge-ted LMCD investigate advertisement • lor rental
space at private properties.
Thibault said tlxe individuals advertising in the newspaper
are obvious offenders. Others rent to friends or by word of
mouth without advertising. Renters could be contacted an
advised that if they are going t o rent slips they are required
to have a commercial dock license and mu.st oomplv with city
ordinances.
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Ha'ter Structures and Environment Committee November IG, 1991
Penn wondered if this is the best use of Tliibault's time.
It would seem that responding to the a'.l.s and handling complaints
would be as effective as searching out the 3or 4 boat docks.
Babcock wanted it known that the LMCD is not saying
residents cannot have 3 or more boats. If renting. they must
pay the same fee and meet the same req»iirements as a commercial
marina.
The executive director added that the annual inventory of
boats would indicate if there is growth in the number of 3 or 4
boat docks, a valuable boat storage growth indicator to monitor.
Grathwol moved, Foster seconded, to accept tlie staff report,
to direct the staff to continue to monitor 3 or 4 boat docks and
seek a way to find new methods of enforcing the commercial marina
activities (at residential docks). Motion carried.
g. Policies and Procedures Subcommittee Study
Babcock presented a summary of administrative and code
amendments recommended by the Policies and Procedures
Subcommittee. He did not ask for action, .iust review.
Grathwol suggested another ordinance change which requires
registration of combined residential docks. Babcock said he
would rath~r not meet as a sub~cornmittee again. He would like to
address t» at the Water Structures Committee level.
Grathv-.l said the report could be accepted and placed on the
January committee agenda with anticii* ,t.ed action at the January
Board meeting. ,
Thibault mentioned the Bupp and Whinnery docks. both in
excess of 100’, and currently under di.scussion. She asked
whether they need a license as well as a variance. The
Code currently requires docks over lUU’ to be licensed, as well
as requiring a variance. The proposed ordinance on lighting
would delete the licensing requirement for docks over 100*,
because all docks over 100’ also require a variance. Grathwol
said this will be handled at the January meeting.
Babcock called attention to tlie three types of license
applications recommended in the changes, new, renewal and
“amended". , , . , .
The exef’utive director said the amended application has been
discussed with the LMCD attorney. The Code Sec.
subdivision 7, provides for a new dock license when any changes
are made. The Board may waive tlie fees and public hearing under
conditions stated in the Code. Babcock said he favors allowing
minor dock changes regardless of density. Grathwol said on
f];andfathered docks, when their density exceeds 1-10 , t e
District should retain control over these docks. Babcock stated
that allowing minor changes permits the marinas to better
themselves over time.
Pillsbury was excused.
Babcock agreed to continue the study to the
committee meeting.
January
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Water Structures and Environment Committee Novomlier 16, 1991
7. Review of I’roposed Code Amcndjnent re Hi^h Intensity Liclits in
Shoreland Area.
liad its firstGrathwol reported the proposed amendment
reading the October Board meeting.
Reese emphasized the problem i.s vdiere tlio lights are
directed. Babcock suggested a wording that if the tilament is
visible, the lighting is not legal.
The executive director said the lights may come from
buildings. The pi'oposed Ordinance was sent t«a (.h*' cities lor
their comments. He suggested tiiis is an opportunity lor the
cities to come up with a uniform lighting ordinance. That would
attack the problem from the shore where the light is emanating.
Reese favors the idea of involving the cities.
Foster said he opposes this ordinance because it is not
definitive enough. 1) The Ordinance for deicing requires
lighting the entire area. 2) It does not address street lights
3) The lights at the Excelsior Conunons blinds anyone driving into
the area. 4) It does not address non-lake sliore property.
Foster mentioned the type of low-level lights Deeplutven has on
its docks and the use of shielded street lights along their boat
slides. , . . ,
Reese raised the question of why tins provision is
being proposed for the multiple dock license ordinance when it
addresses private docks. Babcock also mentioned having it in a
separate ordinance. Grathwol responded that the LMCD attorney
determined a provision in a separate ordinance would not be
enforceable, except as it relates to regulating light on docks.
Foster moved, Babcock seconded, to recommend the Bo.ard hold
the second reading at the January meeting to give tlie cities an
opportunity to respond. Motion carried.
0. Deicing Applications
Reese moved. Foster seconded, recommended approval
following deicing applications
Renewals
Dennis Carlson, Greenwood. St. Albans Bay
Crystal Bay Service, Orono,Crystal Bay
Curly’s Minnetonka Marina, Tonka Bay, Echo Bay-
Frank Elshaug. Greenwood, ST. Albans Bay
Gayle’s Marina, Orono, Maxwell Bay
Gray’s Bay Marina, Minnetonka, Grays Bay
Howard’s Point Marina, Shorewood, South Upper Lake
Minnetonka Boat Works. Orono. Browns Bay
Minnetonka B-^at Works, Wayzata. Waysata Bay
Douglas Rai- .ad, Minnetonka. Waysata Bay
Paul Resberi, Minnetonka, Grays Bay
Tonka Bay Marina,Tonka Bay, Lower Lake South
Rodney Wallace, Greenwood, St. Albans Pay
Waysata Yacht Club-Site 1. Waysata. Waysata Pay
Waysata Yacht Club-Site 2, Waysata. Waysata Bay
City of Waysata. Waysata Bay
James Wyer, Deephaven, St. Louis B.ay
of the
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Hater Structures and Environment Committee November IG. 1991
William Hansen. 5450 Three Foints Blvd.. M'.-)Uiid. Jemiint^s Bay
at Sea Horse Condominiums, 1 slip, apolicant will furnish a
letter of approval from Seahorse Condominiums.
Dou^ Waldocii, 4215 North Shore Drive. Mound. West Arm
Motion carried.
9. Proposed l)NU Access at Maxwell Bay
The executive director presented a report on the proposed
DNR access for Maxwell Bay. He said ..^oEllen Hurr. Orono. reports
that the DNR proceeded on the access acquisition because they
were invited to purchase the land. t>ne ot the points tavoring
this access is that it satisfies a Management Plan objective to
provide more car/trailer parking, but the Management Plan does
not require an access ramp. Hurr advised tne executive directoi
that the DNR would be better served by looking for more
car/trailer parking space not on the Lake shore.
The executive director continued that tlie Lake Minnetonka
Lakeshore Owners Association (LMLOA) is concerned about adding
another access in that bay as there is an access in North Arm.
The LMLOA's line of reasoning is to get the DNR to move the
access or go for parking off the Lake. The LMLOA is pointing out
to the residents that this is a marginal site f^r any form of
development. T'he long term potential for that site would woik
well for park property.
Foster said he has some concei'ns that in tlie Management Plan
LMCD confirmed the need for 7U0 car-trailer spots. The Lake
needs more car/trailer parking. This site i.s between two marinas
in a highly commercial area of the Lake. Foster* suggests the
LMCD support the plan. Slocum added this site is practically
commercial anyway. , . , r
Grathwol suggested the committee determine what kind of ramp
would be the best. Grathwol suggested the ramp, as this location
is a shallow area, would be good for small boats. The DMR should
build a model ramp for smaller boats.
Babcock said he does not want more acoes.s point.s because ot
the Zebra Mussel threat. He reminded the committee that
the Management Plan calls for the LMCD to be the lead agency for
developing the Lake.
Foster noted this is a modest 25 car access. The ramp
should be of the shallowest design for small boats.
Slocum said it is a rarity to get a new access. He believes
the committee should support the acquisition.
Babcock moved. Foster seconded, to recommend a sub-committee
he formed to work with the DNR giving general support to the
acquisition of public access at Maxwell Bay. The subcommittee is
to include representatives of local residents, the DNR and to
include Hurr. Motion carried. .
Reese mentioned that Hennepin Cou^Vy has posted No Trailer
Parking*'signs on Bartlett Blvd. near the Hound City access. He
said parking has not been a problem on thiii street. Foster said
conversely on County Road 16. that road Is signed to re.strict
parking to car trailer parking.
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Hater Structures and Environment Committee November 16, 1991
10. Grays Bay Deun Control
The executive director reported that the Minnehaha Creek
Watershed District Grays Bay Dam Control policy will be discussed
at a meeting on 11/21. Cochran has stated lie believes the policy
has worked well and does not suggest any recommendations or
changes. . n iThe committee noted this wa.s discussed at the Uctober Board
meeting. On the Friday after the Beard meeting the dam was shut
down at 928.67'
11. Other
Grathwol reviewed the accomplishments of tlie committee in
1991. He mentioned 1) Inventory of docks over lUU’ 2) Review of
the 3-4 boat storage situation 3) A preliminary study of wetlands
4) Lake recreation use statistics which need more documentation
5) Completion of the amenity value study 6) Review of the
shoreland zoning 7) Fee .study I'eview 8) Study of dock use
measurements. Grathwol feels there was success.
12. Boat License Surcharge
Grathwol said he has talked to Bill Becker of the DNR about
a boat license surcharge. Grathvxol feels tliat if done right
there is a way to get a boat license surcharge. We vould have to
make some allies and share with some other lakes.
Foster mentioned the possibility of a county license. The
people up north are paranoid about licensing because of the
tourists. They do not seem to have an objection to Metropolitan
licensing if there is a sharing.
Babcock suggested the option of licensing on lakes of a
certain size. Penn said we would be better off focusing on the
user group.Reese said Hennepin County has appropriated $15h,000 tor
milfoil control in 1992 and future years. The County Attorney
advised the County Board it has no authority to make
appropriations. The County Commissioners are expected to seek
legislative approval to do so. LMCD has applied for $70,000 in
matching funds in anticipation of their availability. If this is
accomplished and if all funding comes through, it could eliminate
the need for boat sticker funding. , riuir*n
Penn said the boat sticker idea would lielp fund the LMCD.
Babcock added there are things in the Management Plan such as
water quality management which will need fundi g. Grathwol
concluded that he does not believe it will go through the
legislature this session.
13. AdJouriuMnt
The meeting was adjourned at 10:40 a.m
See Page 11 for signatures
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ffater Structures and Environment Committee November 10, 1991
FOR THE COMMITTEE:
Eugene Strommen, Executive Director James N. Crathwol. Chair
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LAKE MINNETONKA CONSERVATION DISTRICT
Action Report:Lake Use Committee
Meeting:Monday, November 25, iy9l, 4: 3U p.tn.
Norwest Bank Building Wayzata. Community Room
Members Present: Bert Foster. Vice Chair. L'eephaven; David
Cochran. Greenwood; Robert PilLsbury. Chair. Minnetonka; Thomas
Reese. Mound; Douglas Babcock, lipring Park, Tom Penn. Tonka Bay.
Also present: Captain Larry Peterson, Sheriff’s Water Patrol:
Rachel Thibault, Administrative Technician; Eugene Strommen,
Executive Director.
The meeting was called to order by Pillsbury at 4 --3U p.m.
FletchersA. Special Event Renewal Application for Lord
Broomball. . +1Foster moved, Babcock seconded, to recommend renewal or trie
Special Event application for Lord Fletchers Broomball, noting
the application was received to meet the due date wliich was prior
to the fee increase adoption therefore recommending that the old
fee schedule apply. Motion carried unanimously.
B. Joint and Cooperative Agreement with Hennepin County for the
Sheriff’s Water Patrol Services.
The committee received a draft of a cover letter to
accompany the Agreement. The cover letter was prepared by
Cochran and the executive director following two meetings of the
sub"Committee appointed to study the Agreement.
Foster presented a memorandum to the committee detailing a
number of items which he feels need further discussion. Cochran
asked for approval of the draft cover letter, stating there is
agreement to meet periodically with the Water Patrol to verbally
bring up the issues raised by Foster. j ♦
Foster stated he supports the Agreement and moved its
approval, Cochran seconding the motion.
The committee proceeded to discuss the cover letter draft.
Cochran said the cover letter intent is to address the
concerns expressed by Board members and citizens. oster
expressed his concern that the Board is not fully informed on the
Water Patrol activities and there is a need to more address
the comments in his memorandum. Foster suggested the Board
members will become better informed by accepting the offer to
ride along with the deputies on a Lake duty shift.
Probable Cause: Peterson listed some of the more frequent
reasons for making a stop such as no lights. no registration
numbers, coining too close to another boat at high speed. high
speed in a quiet water area and excessive use of a spot light.
These are violations which give the deputy a probable cause for
stopping a
whether the
noted that
boat and also offer the opportunity to determine
bperator is under the influence of aioolioi. Peterson
many boaters are using the designated driver.one
lorthrridu^ticr of iwi= from 101 in 1990 to 74 in 1991.
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Lake Use Coounitbce November 25, 1991
Reese said he was at the first seb-cominittee meeting and in
his judgment the cover letter is a watered down version of tliose
discussions. He would like to see the concerns in Foster’s
memorandum pre.sented in writing to the Water Patrol. Foster said
he wants to be sure there are additional meetings with the Water
Patrol to work through these additional concerns. It is his
belief the user experience issue needs improvement. He did not
intend a full discussion at this meeting. He is not comfortable
with the draft cover letter and would prefer a letter asking for
another meeting, listing the concerns.
Peterson reviewed the draft cover letter commenting as
follows:
Paragraph 2, Page 2. Line 5. he requested ."for moving
violations" be inserted after ^'.written warnin.'?". The Water Patrol
is not staffed for the paper work inv<.>lv»=’d in the suggested
follow up on all written warnings. Cochran noted the last
sentence indicates this suggestion is open for further
discussion.
Item 2. Page 3. amend to read: Deputies should have
additional sensitivity training in de.aiing with the public.
Item 5. Page 4. amend to read: The Water Patrol agrees to
work with the LMCD to develop monthly, or more often, current
enforcement information pertinent to Lake Minnetonka.
Item 6. Page 4. amend first sentence to read: Income
sources for Water Patrol funds charged to Lake Minnetonka were
Identified as approximately 34% coming from MN DNR Water
Racreation Fund and 66% from the County Board for a $419,000
total.
Reports Discussion. Penn suggested adding reporting needs
to the contract. Reese suggested using the shift reports to
tabulate the basic information so more timely reports are
received. Foster suggested using the LMCD staff and computer for
data tabulation. Foster added perhap.^ it is up to the committee
to detail the type of information needed.
The executive director suggested approving the Joint
Cooperative Agreement and accompanying it with a transmittal
letter with a reference that tliere are additional items of
concern to be addressed by a sub-committee. He suggested sending
the minutes of the sub-committee meetings with the Agreement.
Peterson suggested including Steve Tallon, LMCD Prosecuting
Attorney, on the sub-committee.
The motion for approval of the Joint and Cooperative
Agfooment was re-worded to read: Fo.ster moved, tochran seconded,
to recommend approval of the Joint and Cooperative Agreement with
Hennepin County for the Sheriff’s Water Patrol services with a
letter Indicating the LMCD is taking into consideration ongoing
items of concern as addressed in the minutes of the sub-committee
meetings dated 10/15/91 and 11/5/91. Motion carried unanimously.
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Lake Use Committee November 25,1991
C. Communication regardiriR DNR’s Proponed Change in the Size of
Snowmobile Registration Numbers.
The executive director distributed a copy of the letter sent
to Commissioner Sando opposing the change in the sire of the
snowmobile registration numbers. The letter was authorized by
the Board at its meeting 10/23/91 in response to an appeal for
support from Sgt. Chandler of tlie Water Patrol. DNR information
in it was obtained from Tom Danger. DNR Trails and Waterways.
Copies of the letter have been sent to Hennepin Parks and the
White Bear Lake Conservation District for support. The key point
in the letter is the request for an opportunity for interested
agencies to discuss the proposed change with tlie DNR staff
before the DNR publishes the public rule change notice.
Peterson said the Minnesota Sheriff’s Association is sending a
letter ob.jecting to the change and lie will furnish staff with a
copy.
D. Resolution to set Application Fees for Specir»l Events and
Watercraft for Hire, superseding Resolutions 62 and 59 (in part).
Babcock moved. Cochran s».sconded. to recommend approval of a
Resolution Setting Application Fees for Licenses for Special
Events and Watercraft for Hire on Lake Minnetonka. Motion
carried unanimously.
E. Resolution to Set Application Fees for Wine and Non-
Intoxicating Beer Licenses, superseding Resolution W54.
Cochran moved, Babcock seconded, to recommend approval of a
Resolution Establishing Liquor License Application Fees for the
Sale of Liquor on the Lake. Motion carried unanimou.sly. It was
noted a Public Hearing will be held on the fee changes at 7 p.m.
on December 4, 1991, prior to the Board meeting.
F. Sot Date for the Save the Lake Recognition Dinner
Reese moved, Cochran seconded, to set Wedne"..day, February 19,
1992 as the date for the Save the Lake Recognition Dinner.
Motion carried unanimously.
Q, Review Appointees for Subcommittee to Study Signs at Accesses
on Lake Hinnetonka
Pillsbury appointed Foster and Reese to .join Slocum on the
sub-committee studying the signs at acce.ss points on the Lake.
They are to review the adequacy of the current signs calling on
LMLOA for assistance, and recommend additions or changes.
Babcock asked that the pamplilet distribution be continued.
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Lake Use Coounittee UovfMnber 25, 1991
U. Water Patrol Report.
Peterson reported the following:
* Lake ice conditions are dangerous. Thei*e have been a
number of people on the ice. The Water Patrol removes children
from the ice and can only advise adults. There have not been any
Lake ice accidents that they are aware of at this point.
* Deputy Ken Schilling has returned fr«->m the Florida marine
school with a wealth of information on boating accident
reconstruction. His knowledge will be helpful in issuing
citations. Pillsbury asked for a written report from Schilling.
* The Water P.atrol will start new training courses for new
deputy applicants in January. Three new deputies will be sworn
in at the Water Patrol Recognition Dinner. Peterson e.xpressed
disappointment that 0 applicant.^ dropped out before finishing the
course. ...
The executive director, Foster and Pillsbury and spouses
will attend the Water Patrol Recognition Dinner on Saturday,
11/30 to represent the LMCD. Peterson add*^d it is a time for
installing the new deputies, recognising their achievements and
mishaps.
I. Additional Business
Reese asked the committee to recommend a sum of money be
donated from the Save the Lake Fund toward the restoration of the
MINNEHAHA. an authentic streetcar boat. He said the boat will
provide a multiple user experience, in keeping with the LMCD
goal, allowing more people to use the Lake. The boat can be
on Wednesdays and Saturdays in the shed just north of County Road
19, 1/2 block east of the Shorewood Yacht Club entrance,
Excelsior. In response to a comment from f’enn. Reese will obtain
an updated financial statement on the restoration. noting they
have a $600,000 restoration budget.
Reese moved, Cochran seconded, to recotnmend a sum, to be
determined by the Board, be donated from the Save the Lake Fund
toward the restoration of the MINNEHAflA streetcar boat. Motion
carried unanimou.sly.
J. Other
Penn asked to be on the sub-committee working with the Water
Patrol.
R. Adjournment
The meeting was adjourned at 6 p.m
FOR THE COMMITTEE;
Eugene Strommen, Executive Director Robert Fiil.sbury, Chair
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Lake Minnetonka Conservation District
NF.ws :!Ku:asf
November 21. 1991 Contact: Rachel Thibanlt 473-7033
Subject: Winter Survival and Enjoyment on Lake >'innetonka.
The Halloween blizzard caught most of us off-guard.
Docks and boats got frozen in the ice of Lake Vitinetonka
causing e.xtra work and trouble. fn some cases, it has been
necessary to deicc the area around docks t*> protect boats
that can’t be removed. Citizens are advised bv the Lak
(ijximetonka Conservation District (LMCD) that a license is
required TO INSTALL, MAINTAIN OR USf DEICING EQUIPMENT ON
LAKE MINNETONKA. This license specifies certalti safety
requirements such as fencing, thin ice signs and lighting to
protect the public. To obtain a deicing license application
or additional information, call the LMCD office at 473-70:^3.
Another winter reminder - persc-.s having buoys in Lake
Minnetonka must remove them or subm* ge them under the lake
ice no later than December 15. A later date may be
authorized in writing by the Sheriff’s Water Patrol upon
written request by the owner prior to December 15. Written
requests should be directed to: Hennepin Count.v Sheriff's
Water Patrol. P.O. Box 187, Spring Park. .'IN 5 5304.
The LMCD has produced a brochure summarizing the rules
applying to winter recreation on the Lake. These brochures
are placed in containers at the lake accessec. They are also
available at city halls and marinas. They can be picked up
at the LMCD office, Norwest Bank Building. 90(5 F, . Wayzata
Blvd., Room 160. Wayzata.
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REMEMBER! Ice is NEVER considered safe by the Sheriff s
Water Patrol. The DNR has produced a valuable billfold size
card on recommended minimum ice thickness for sustaining
people and various vehicles. Call the '^\T. . 296-3310 for a
copy.
The LMCD Board wishes everv.jue a s n nd e n joy able
winter lake use experience!
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