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HomeMy WebLinkAbout04-23-1990 Council PacketAGENDA FOR COONCIL MEETING SET FOR MONDAY, APRIL 23, 1990, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obta^ed upon request from the Recorder. COUNCIL ROLL CALL 1. CONSENT AGENDA* APR 231990 CITlf.OFOROw/2. Oath of Office - Officers Ricky Karnitz and Jay Dembous API W15>.>L OF MINUTES * S Regular Meeting of April 9, 1990 LAKE MINNETONKA CONSERVATION DISTRICT REPORT * 4. LMCD Comp Plan - Revised Draft PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT **APPLICANTS** Inmediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 5. #1334 Rebers Construction - Sugar Woods Plat - Lot 2, Block 2 - Request for Loop Road 6. #1411 Sussex Square Development, 3020 Fox Street - Subdivision A. Road Name B. Approval of Entrance Monuments 7. #1428 Otten Brothers, Willow/Highway 12 - Final Subdivision, Rezoning and Commercial Site Plan A. Final Subdivision - Resolution B. Ordinance Amendment - PUD Rezoning C. Appeal of Signage Plans 8. #1494 Francis Lightly, 3585 Frederick - Variance - Resolution 9. Clarification of Hardcover - Eaves MAYOR/COUNCIL REPORT 10. Earth Day 1990 - Resolution 11. Park Commission Appointment CITY ADMINISTRATOR'S REPORT 12. Community Health Services/Presentation 13. Facilities Public Meeting Review 14. Engineering Services Review 15. Flexible Benefit Study 16. Marina Licensing * 17. Board of Review - Reconvene * 18. Secretarial Employment * 19. Highway 12 Corridor - Meeting * 20. Public Works Department Employment * 21. North Tonka Crime Prevention * 22. Westonka Senior Center Week - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 23, 1990, 7:00 P.M. CITY ADMINISTRATOR'S REPORT Continued * 23. Administrator's Information LOGO Contest Albrecht Contract CITY ATTORNEY’S REPORT LICENSES (24*) BILLS (25*) ADJOURNMENT UPCOMING ISSUES AND EVENTS 04/21 - Joint Council/Planning Commission Meeting 04/23 - Council Meeting 04/28 - Vehicle Auction - Martins 66 - 10:00 a.m. - Reconvened 1990 Board of Review 05/14 - Council Meeting 05/15 - School Board Election Day 05/21 - Planning Commission Meeting 05/28 - Holiday - Memorial Day Observed (Monday Holiday) 05/29 - Council Meeting (Tuesday) PUBLIC ATTENDANCE CITY OF ORONO MEETING I ATE QC)tm^JG PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1. >■!/■> ,S- y 1 i/.1 <■ 2. &necn -, c fc'iVUn y^<r . <-' xC • /t4 « /^// 3. : i 7^ e h-'J ->• 4. Huo,L H(kViA(kA>^\Ht-o J/wivsrtj ’Jt/^ II 5. ViJui\ A L-^lt uk^‘,r.Oft^lK f'O [) 6.^170 fU 11 7. >Soe'u VJ / 7/0 Ptcfxr^ L^i^t: P/~ 8. /'■'Upat 74/'/// 9«> (.■■ . ') 1 ^'.fji./,> A-i ili 'AX.J LO.s-j JZUA 0 fr LI.nn lA 'Of rt'i i 4tT L2. I'ltl /'/ C k/'/;,. i irj'^ iP'^n "Pv- L3. L4. L5. .6. .7. .8. ,9. 20. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 9, 1990 COUNCIL MEETING 3 APR 23 1990 ATTENDANCE 7:00 P.M. CITV flC rtfinil** The Council met on the above date with the following'meUTeljiiUnU present: Mayor Grabek, Councilmembers Goetten, Nettles, Callahan and Peterson. The following represented the City staff: City Administrator Bernhardson, Building » Zoning Administrator Mabusth, Public Works Director Gerhardson, Police Chief Kilbo, City Attorney Barrett, City Engineer Cook and City Recorder Scheffler. CONSENT AGENDA* City Administrator Bernhardson noted that Council may wish to include item #5, Gerald McCourtney, on the Consent Agenda. It was the consensus of the Council that Item #5 be included on the Consent Agenda. Bernhardson informed the Council that item #14 has been withdrawn. The Calverts have submitted a building application which conforms and no longer requires a variance. Bernhardson stated that item #18 requires only a motion to terminate Albrecht, not a resolucion. He suggested that item #18 either be removed from the Consent Agenda or left on the Consent Agenda and passed with a motion. Bernhardson requested that item #20, Park Commission Appointment, be removed from the Agenda and that a Resolution pertaining to Ringerswood be added to the Agenda under City Attorney's Report. Councilmember Nettles from the Consent Agenda. requested that item #29 be removed Councilmember Goetten requested the removal of items #18 and #28 from the Consent Agenda. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Consent Agenda, with the exception of items #18, #28 and #29 which were removed and discussed in the order appearing on the agenda. Item #5 is to be included on the Consent Agenda and Items #14 and #20 were removed from the Agenda. There is an addition to the Agenda under City Attorney's Report, which is a Resolution regarding Ringerswood. Motion, Ayes-5, Nays-0, Motion passed. APPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Minutes of the Regular Council Meeting. Motion, Ayes-5, Nays-0, Motion passed. PUBLIC COMMENTS: There were no public comments. - 1 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 PLANNING COMMISSION COMMENTS: Planning Commission Representative Hanson stated that the recent Joint Planning Commission/Council Meeting was very beneficial. Mayor Grabek agreed and commended the Planning Commission for their efforts and the time they volunteer to serve the community. ZONING ADMINISTRATOR’S REPORT: #1411 SUSSEX SQUARE DEVELOPMENT 3020 FOX STREET FINAL SUBDIVISION RESOLUTION #2784 It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2784 approving the Final Subdivision for Sussex Square Development. Motion, Ayes- 5, Nays-0, Motion passed. #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD VARIANCE RESOLUTION #2785 Mr. and Mrs. Pemberton were present lor the review of this matter. Bernhardson stated that the Resolution approving the hardcover variances in the 0-75' setback area is being presented for Council's review and action. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2785, approving the variances in the 0-75' setback area for the purpose of constructing a room addition. Motion, Ayes-3, Petersen, Goetten, Nay. Motion passed. #1465 GERALD T. MCCOURTNEY 1055 WEST FERNDALE ROAD VARIANCE REFERRAL BACK TO PLANNING COMMISSION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to refer revised application #1465, Gerald T. McCourtney, 1055 West Ferndale Road, to the Planning Commission for further review at their April 16, 1990 meeting. Motion, Ayes-5, Nays-0, Motion passed. - 2 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 #1468 GEORGE a SALLY PILLSBURY 1300 BRACKETTS POINT ROAD VARIANCES/CONDITIONAL USE PERMIT RESOLUTION #2786 City Administrator Bernhardson informed the Council that the Resolution approving the variances and conditional use permit was being presented for their consideration and action. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2786 granting variances and conditional use permit approval for a green house addition and grading/retaining wall work in the 0-75' zone for George and Sally Pillsbury, 1300 Bracketts Point Road. Councilmember Peterson asked those Councilmembers voting in favor of this Resolution what hardship existed to warrant variance approval. Nettles stated that paragraph 2D of the Resolution was the basis for his approval. Councilmember Goetten did not believe that growing orchids was a hardship. She had talked with an expert regarding the exposure required to grow orchids. Goetten had been informed that orchids could be grown with a southeast, east, south, or southwest exposure. Nettles said that the existing layout and location of the house was established prior to the Zoning Ordinance regarding the 0-75' setback zone. He stated that it was difficult to make the decision to approve, but felt the Pillsburys were going .o great lengths to improve the runoff from the property. Goetten stated that the greenhouse addition could have been incorporated into the recent remodeling that was done to the principal structure. Goetten stated that there is no hardship for this addition. Councilmember Peterson concurred with Goetten. Motion, Ayes-3, Peterson, Goetten, Nay, Motion passed. #1489 F. JOHN HARDIN #1496 PARK DRIVE VARIANCE RESOLUTION #2787 Mr. Hardin was present for this matter. Bernhardson provided a brief review of this application for an addition to an accessory structure. Bernhardson informed the Council that a Resolution approving an oversized accessory structure variance and a variance to allow an excess of 55.6 s.f. total accessory structure area is being presented this evening. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2787 granting variances to construct an addition to an accessory structure. Councilmember Goetten stated that there is no hardship to support the approval of the variances, especially since the Accessory structure Ordinance was passed only a short time ago. Motion, Ayes-3, Peterson, Goetten, Nay, Motion passed. - 3 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 #1493 CHUCK DOWNEY 2665 CASCO POINT ROAD VARIANCE RESOLUTION Mr. Downey was application. present for the review of his variance Bernhardson provided a brief history of this property, as well as information regarding what is currently proposed. Mr. Downey commented that though he had agreed to the Planning Commission's recommendation, it was not something that he wished to do. He said, "I've been told I'm some kind of a bad guy because hardcover on my property mysteriously increased to 52%. The sidewalk leading to the house was put in at the same time the garage was constructed. The City Building Inspector was there and saw what I was doing. There was a survey done in 1982 that showed what my hardcover was. I did not submit a new survey with this application, I uf-ed the old one. I was instructed by the City that in order to build my garage I had to widen the driveway so I would not back directly onto the road. The'e was part gravel, on the south side, which had been blacktop at one time. The City is now asking me to take away what they asked me to install. To my knowledge the City was aware of everything I did in 1982. The only area I can see that would have increased hardcover is that I may have blacktopped more driveway area. It is a real hardship to have to remove hardcover. I have to weigh the benefits of having a driveway versus an entry addition." Mabusth stated that staff had suggested to Mr. Downey that he provide an updated survey. She said that staff has not received an updated survey. Mabusth noted that there is a second story deck that was constructed without a permit and does not appear on the survey submitted with the application. Mr. Downey stated that if there was a 4% or 5% difference in the amount of existing hardcover, it should not matter. Mabusth indicated that difference. 4% or 5% would make a significant Councilmember Goetten indicated that an updated survey is necessary for an accurate review of an application. Goetten asked Mr. Downey if he had in fact constructed the second story deck with no permit. Mabusth stated that Mr. Downey had indicated that the second story deck was included in the application for the garage. Mabusth informed the Council that she had reviewed that application and it applied only to the garage. Mr. Downey added that it was his understanding that his - 4 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1493-DOWNEY CONTINUED contractor had obtained all of the necessary permits to construct the garage and the deck. Mabusth asked City Engineer Cook if the gravel area on the property would provide a sufficient turn around. Cook indicated that the turn around would almost have to be on Casco Point Road to be effective. Mabusth noted that the addition of the entry would only •crease hardcover 30 s.f. because it is placed over existing aidewalk and a step area. It was moved by CounciImember Goetten to approve the hardcover variance in accordance with Planning Commission recommendation to maintain hardcover at 45%. Also, the boathouse is a non-conforming building and is subject to all pertinent ordinances. There was no second. Councilmember Nettles asked staff if they were satisfied with the present status of the second story deck, or would they prefer to explore that further. Mabusth replied that staff would proceed in accordance with Council direction. She commented that it is always difficult for staff to accurately evaluate an application without an updated survey. Mabusth suggested amending the Resolution to advise the applicant that an updated survey will be required for any future improvements to this property. Mr. Downey stated that he would be coming back to the City in one month to apply for a permit for retaining walls. Mr. Downey said that due to the improvements to the neighboring property, he now has serious erosion problems. Mabusth asked Mr. Downey if he would be willing to combine the retaining wall application with this variance application. Mr. Downey stated that originally he had intended to do that. In order that he might proceed as quickly as possible with the entryway project, staff advised him to submit separate applications. Mabusth suggested that this application be tabled and allow the applicant to submit a fully amended application including a conditional use permit for land alterations. She asked Mr. Downey to submit a fully updated survey with that application. Callahan noted that in light of adding the conditional use permit, the application would have to be reviewed by the Planning Commission. - 5 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1493-DOWNEY CONTINUED It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to refer this matter back to the Planning Commission pending the receipt of a comprehensive application with an updated survey. Hanson noted that the Planning Commission would approve of the recommendation. Bernhardson stated that staff would review the second story deck issue and that the fee for the revised application would be calculated as though Mr. Downey had originally submitted a comprehensive application. Motion, Ayes-5, Nays-0, Motion passed. #1494 FRANCIS S. LIGHTLY 3585 FREDERICK STREET VARIANCES Mr. and Mrs. Lightly were present for this matter. Bernhardson briefly explained the applicants' original and revised proposal to construct an addition, a pool and patio. Mr. Lightly explained the two lines that have been drawn to depict the average lakeshore setback. Mayor Grabek asked if the neighbors (Braaten and McLeod, 3565 Frederick Street) were still objecting to the Lightlys' proposal. Mr. Lightly replied, "We discussed our original plan with them and had reached an agreement with them. If we placed landscaping alone the lot line, we could overcome tneir objection to seeing the structure itself. We have since revised our plan so that the struct're is setback an additional 13 feet." Mayor Grabex asked if the neighbors were aware of the revised plan. Mr. Lightly stated that the neighbors have not seen the revised plan. Mabusth noted that only the pool and patio would encroach into the average lakeshore setback area. Goetten stated that the purpose of the average lakeshore setback Ordinance is to prevent structure from obstructing the views of adjacent neighbors. She said that a pool would not obstruct any views of the lake. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to give conceptual approval to allow 42.5% hardcover to exist in the 75-250' setback area and to approve the average lakeshore setback variance, per staff recommendation. Motion Ayes-5, Nays-0, Motion passed. - 6 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 #1495 RODNEY JOHNSON #3740 WEST WAYZATA BOULEVARD PRELIMINARY SUBDIVISION RESOLUTION #2788 Mr. Johnson was present for this matter. Bernhardson explained Mr. subdivision. Johnson's proposal for a two lot Mr. Johnson asked why he was only receiving preliminary approval. Bernhardson informed Mr. Johnson of the City's policy requiring a two-step approval process for subdivisions. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2788, granting Preliminary Plat Approval for Rod Johnson. Motion, Ayes-5, Nays- 0, Motion passed. #1497 G. TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT RENEWAL Mr. Vern Larson, Mr. Toberman's Associate, was present for this matter. Bernhardson summarized the history of the use for this property. He said that the question is that since the conditional use has lapsed, can it be renewed. The City Attorney has indicated that renewing the use would require a use variance. If Council wishes to approve the renewal, Bernhardson suggested that the matter be tabled pending further research by the City Attorney on the legality of such a variance. Councilmember Nettles stated that he resides near this property and is opposed ro renewal. Nettlts had voted in favor of renewal last year due to the improvements that had been made to the property. He said that nothing has happened with the property since that time and it has become d nuisance. He said that a commercial use is not in keeping with the neighborhood. Nettles thought that the property ought to be classified as a residential property and dealt with in that regard. Councilmember Goetten objected to the sale of motor boats from this property. She believed that the Council had provided Mr. Toberman ample opportunity to develop the property. Goetten concurred with Nettles that the property should revert back to a residential zoning classification. Dan Crear, 1980 Spates Avenue, stated that he is against the commercial use of this property. Mr. Crear stated that he would not object to the original use which was sail boat sales, with no - 7 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE 11497-G. TOBERMAN repairs. Mr. Crear read a letter written by his wife, in v/hich she too objects to the commercial use. Mrs. Crear also indicated that she did not believe the property was suitable for residential use and would cost a great deal to convert. Mrs. Crear made reference to the adjoining residential property owned by Mr. Toberman that is in a state of disrepair. (See Planning Commission Minutes of 3/19/90). Mr. Crear believed that Mr. Toberman was asking too much for the property which is why it will not sell. He did not want the City to "bail Mr. Toberman out" if this is all due to a bad business decision on his part. Mr. Crear said, "If the Council recommends that the conditional use be renewed, most of the property owners in the area feel that Spates Avenue should be dead-ended." Mr. Crear also suggested that as part of the renewal approval. Council require that the property be continually maintained. He asked the City Council to require a high level of excellence for the property since it is in a residential area. Mr. Crear said, "Right now the fences surrounding the property are broken, the paint is peeling off of the building and the landscaping has not been kept up. Another problem is that an incredible bat population has developed underneath the eaves. I have had more problems with bats in my chimney than I have ever had before. If I walk out of my house at sunrise I can barely get out the door because the bats are flying by to get to the back of that building." Mayor Grabek asked the City Attorney what happens to the property should the Council deny the conditional use renewal. City Attorney Barrett said, "That is my dilemma with this property. It would seem to me that the 'grandfathered' status of this property was lost because of a lack of use. As a consequence, we could determine that the underlying zoning, which is residential, applies and we could thi-i compel the owner of the property to conform. One of the considerations that you have to keep in mind is that there has to be some use of the property. You may wish to ask the applicant to discuss his intentions for the property with staff." It was moved by Mayor Grabek, seconded by Councilmember Callahan, to conceptually deny the renewal of the conditional use permit/variance and ask the applicant to provide the City with a plan for the property within thirty days. Motion, Ayes-5, Nays- 0, Motion passed. #1500 ERIK CELMS 4050 HIGHWOOD VARIANCE RESOLUTION #2789 Mr. Celms was present for the review of his applical on. Bernhardson provided Council with information regarding this - 8 - Dr. Janet Roshar, MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILED ilSOO-CELMS CONTINUED request for a lot area variance. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2789, granting a lot area variance, subject to the conditions set forth in Resolution #2789. Motion, Ayes-5, Nays-0, Motion passed. #1501 ROBERT J. RITCHIE 3572 SHORELINE DRIVE COMMERCIAL SITE PLAN Mr. Ritchie was present for this matter, the tenant of the property, was also present. City Administrator Bernhardson informed the Council that the Planning Commission had recommended approval of the Commercial Site Plan with two modifications: 6' spruce trees must be planted aloijg the north property line and no outdoor kennels are allowed because of the proximity of this property to a residential neighborhood. Mr. Ritchie stated that he would prefer to maintain the blacktop in front of the property. Mabusth stated that the Resolution addresses Mr. Ritchie's request. The City Engineer has been asked to look at the site and determine whether the blacktop is needed as a turn around area. Callahan recollected that the Planning Commission had preferred that the blacktop be removed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt the approval recommendation of the Planning Commission accepting the Commercial Site Plan for Robert Ritchie and the property at 3572 Shoreline Drive. Motion, Ayes-5, Nays-0, Motion passed. #1504 ARNOLD CALVERT 2523 KELLY AVENUE VARIANCE This item was withdrawn. #1506 CAROL SENN 3220 WATERTOWN ROAD PRELIMINARY SUBDIVISION RESOLUTION Ms. Senn was present application. Bernhardson explained that the applicant will have to construct a bridge across the swale to develop the southern - 9 - for Council's review of this MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1506-SENN CONTINUED access. The applicant is requesting that the access not be defined as a temporary access with the subdivision approval. She prefers Council to allow access to the north as a future option when the western access corridor is developed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Preliminary Subdivision for Carol Senn, in accordance with the Planning Commission recommendation with the revision that the northern access be optional. Motion, Ayes-5, Nays-0, Motion passed. #1507 DAVID FOX 1645 BOHNS POINT ROAD VARIANCE RESOLUTION #2791 David and Margene Fox were present for this matter. City Administrator Bernhardson explained that the applicants are seeking an after-the-fact height variance due to the installation of a third story with upper story windows that were not shown on the original building plans. Mabusth further explained that the addition of the third story windows meant a re-interpretation of the height of the structure. Mabusth said that there is actually no "Change in the height of the structure, only the interpretation changed due to the introduction of a third story. She said, "The City has no definition of a half story in our Code and nothing in the Building Code gives us direction to deal with half stories." Mayor Grabek stated that the Foxes are friends of his and he would therefore not make a motion. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2781 granting a 3’6" height variance to David and Margene Fox. Goetten noted that there is hardcover in the 0-75' setback zone and questioned why ^it was there if this is a new structure. Mabusth informed Goetten that the hardcover had existed prior to the construction of the house. Bernhardson observed that the hardcover is the adjacent property owner's deck which encroaches on the Fox property. Callahan asked how the plan had varied from what was presented to the City and what was constructed. The Foxes' architect stated that the Foxes had asked for the windows when they realized how much area would otherwise not be utilized. They also had concern about the aesthetics of having nothing but stucco surface for the entire upper story. The architect stated that he had reviewed Orono's Ordinances, but found nothing that addressed the addition of windows. He drew the windows in and assumed that the contractor had brought the revision to the attention of the City. Callahan suggested that the Code be clarified. Motion, Ayes-4, Peterson, - 10 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1507-FOX CONTINUED Nay. Motion passed. CITY ENGINEER'S REPORT: ORONO PLANT/INTERCEPTOR PRELIMINARY REPORT City Administrator Bernhardson requested that this item be tabled. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item to adequately address issues that were raised during the Joint Planning Commission/Council Meeting. Motion, Ayes-5, Nays-0, Motion passed. TERMINATION OF ALBRECHT CONTRACT Councilmember Goetten asked whether the City would incur any additional cost as a result of this termination. City Engineer Cook said, "There should not be any additional cost. However, anytime you have a situation such as this you have to deal with the bonding company and the City. As far as completing the construction, we feel we have enough money to get the job done." Councilmember Nettles asked if we are letting Albrecht "off the hook" if it does cost the City more to complete the project. Cook replied that the bonding company is liable for completing the contract. City Attorney Barrett had understood that the work was being terminated because of poor quality, not because Albrecht was having financial difficulties and could not afford to complete the project. Bernhardson clarified, "Albrecht is having organizational problems and as a result, cannot finish the project. We have not paid him for the remaining work, plus we have retainage. I would think that we have enough money to complete the vast majority of the project. If there are additional expenses, then we would look to the bonding company for that amount." Mr. Otten asked when the project will be completed. Cook stated that they would still like to be completed by June 1, 1990. It was moved by Councilmember Goetten, seconded by Mayor Grabek, Councilmember Nettles asked that the motion be amended that the termination be approved provided that it doesn't release the surety or the principal for any overage on uncompleted work. Nettles noted that generally if the principal is released, the - 11 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 TERMINATION OF ALBRECHT CONTRACT CONTINUED surety is also released. Goetten amended her motion, Grabek seconded. Motion, Ayes-5, Nays-0, Motion passed. MAYOR/COUNCIL REPORT; PLANNING COMMISSION APPOINTMENTS Bernhardson explained that there are two vacancies for the Planning Commission. Bernhardson said that Mr. Steve Johnston had applied for appointment last year and is still interested in serving. Mr. Johnston was present and informed the Council that he was very interested in serving as a Planning Commissioner. Councilmember Goetten stated Johnston's continuing interest. that she appreciated Mr. Goetten was concerned about the lack of a lakeshore resident serving on the Planning Commission. Goetten also asked to see the Planning Commission Attendance Record. Councilmember Callahan believed that it may be best to re-advertise due to Mr. Brown's recent announcement that he can no longer serve. Councilmember Nettles stated that he was impressed with Mr. Johnston's credentials but that he agreed with Callahan that the City should place another advertisement for the two vacant positions. Mayor Grabek indicated that he concurred with I'allahan and Nettles. He asked Mr. Johnston to continue his exithusiasm and informed him that the appointment would be scheduled for the May 14 Council Meeting. Mr. Johnston understood the Council's position. In regard to Councilmember Goetten's concern, Mr. Johnston stated that though he had not lived on Lake Minnetonka, he had resided on a lake in Maple Grove for 22 years. Mr. Johnston also stated that he is interested in serving on the Highway 12 Corridor Citizen's Task Force in the event he is not appointed to the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to advertise again for the Planning Commission vacancies and that the matter be scheduled for the May 14, 1990 Council Meeting. Motion, Ayes-5, Nays-0, Motion passed. PARK COMMISSION APPOINTMENT This matter was withdrawn. 12 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ADMINISTRATOR'S ANNUAL REVIEW* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the Administrator's Annual Review. Motion, Ayes- 5, Nays-0, Motion passed. CITY ADMINISTRATOR'S REPORT: WATERFOWL RELOCATION PROGRAM 1990 Bernhardson reported that last year 160 geese were removed from the Pheasant Lawn area. In order for the program to be successful, experts have suggested that the program continue for 4 years. The residents in the Pheasant Lawn area have indicated interest in having the program continue. The Woodhill Country Club has also asked to be included in the program. Bernhardson stated that last year the City contributed $200 toward the program for the Pheasant Lawn area and may wish to do so this year. Councilmember Goetten believed that by participating last year the City more or less committed to participate in the program until it is completed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to agree to allow the goose removal in the two areas that have requested it, with funding for the Pheasant Lawn area up to $200.00. Motion, Ayes-5, Nays-0, Motion passed. PARK DEDICATION FEES ORDINANCE «82, SECOND SERIES Bernhardson briefly reviewed the proposed changes to be incorporated in the Park Dedication Fee Ordinance. He stated that a clarification is net^-Ivd as to how applications submitted by the May 1 effective date are to be addressed. It was the consensus of the Council that applications that have been filed prior to the May 1, 1990 effective date, be excluded from the Ordinance. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt the proposed changes to the Park Dedication Fee Ordinance as outlined in staff's Attachment C, including the clarification of the filing date. Motion, Ayes-5, Nays-0, Motion passed. STUBBS BAY SEWER City Administrator Bernhardson presented information regarding properties that Council may wish to exclude and include in the project. This information provided criteria that the City could use for determining which properties may or may not be excluded. F.ernhardson noted that this is necessary to determine an approximate cost of the project prior to asking the residents - 13 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 STUBBS BAY SEWER CONTINUED Of the Stubbs Bay area if they are interested in participating. A map of the area was displayed showing the properties that staff is recommending for exclusion. In regard to the Christine Drive and Oxford Road areas, staff is recommending that the residents be asked if they wish to participate. If there is sufficient interest, those areas could be included to reduce the trunk costs for everyone included in the project. Our primary concern for keeping the project costs down is the trunk assessment being charged to people because that charge directly affects everybody else in the project. Bernhardson stated that 6 properties had specifically requested exclusion from the project. He reviewed the portion of his memo addressing staff's recommendation for each. Ms. Linda Whitman, 3620 Eileen Street, questioned whether the requirement of 2 acres was as important as having alternate drainfield sites. Ms. Whitman distributed a letter which indicated that their property has three alternate drainfield sites, in addition to a fully functional system. She said, "The assessment for our property would be approximately $16,000.00 to $20,000.00. At the last meeting I gave you a letter from an appraiser that said the maximum benefit we would receive from the sewer would $3,000.00 to $5,000.00. I question the logic of including us in the project. We would provide a deed restriction to you to insure that our alternate sites would remain as such." Bernhardson commented that the City would question whether septic systems that were put in prior to 1978 meet the standards. That is why we are requiring two sites for those properties. Bernhardson stated the the person that determined the Whitmans have three alternate sites is a contractor, not a qualified site evaluator. The contractor used setbacks for determining the number of sites, but did not perform soil tests. Ms. Whitman stated that she had talked^with Gaffron and he had told her that soil tests were not necessary at this point. Ms. Whitman said, "Mike informed me that he has walked our property and also believes that there are three alternate sites. If you require us to do soil testing we will do that." Bernhardson suggested that the Whitmans not proceed with soil testing until it is determined whether or not they will be excluded. Mayor Grabek asked why it would cost the Whitmans $16,000.00 for sewer. Cook replied, "In addition to the $6,500.00 cost for the trunk, there is a lateral fee to get the sewer to their lot. In - 14 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 STUBBS BAY SEWER CONTINUED their particular case they are being served from a lift station and the line has to come back to Stubbs and up to Eileen Street." Mayor Grabek asked if it was staff's recommendation to include the Whitman property. Bernhardson stated that the Whitmans hav“ 1.8 acres of property and would therefore be included in the project. Callahan noted that a lateral was being installed in that area just for the purpose of serving the Whitmans and they are asking to be excluded. Mayor Grabek asked if Gaffron had in fact confirmed that there are three alternate sites on the Whitman property. bern.iardson replied, "Gaffron said that there is potential, based on the setbacks, but did not commit to three sites being located on the property. There will need to be soil testing done to determine how many alternate sites exist. That criteria should be met before you decide to exclude them." Ms. Julie Barren, 175 Landmark Drive, stated that they just built a house and spent $9,000.00 on a mound system. Ms. Barren did not understand why she was being considered in the project and Oxford Road was being given an option. Cook explained that the trunk line would not extend through Oxford Road, but would stop just before it. He said that the trunk line has the capacity to handle Oxford Road if the property owners are interested in being included. A lateral would then run by the individual Oxford properties. Bernhardson added that only the four Oxford properties abutting Bayside Road abut the trunk line. Bernhardson said that the original design was to have the line on the north side. There has been discussion, but in an effort to save trees, no actual design has been drawn showing the line on the south side. Bernhardson said, "We can provide lots of criteria, but there is no perfect solution. Somehow a decision will have to be made as to which properties should be included or excluded. It may have to be done on a case-by-case basis. We have speculative information that indicates the Whitman and Barren properties could be excluded, but until testing is done, it is not wise to exclude them. We need to determine the number of properties that are potentially going to be excluded so that the figures we give out in the petition accurately reflect the cost of the project." Callahan said, "It seems to me we should make every effort possible to exclude the Eileen Street property because it appears - 15 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 STUBBS BAY SEWER CONTINUED the City is S'' 'nding a great deal of money just to include it. That is of coUi.se if the soil test is positive. If 185 Landmark Drive is only 1.5 acres dry buildable and there is serious concern about the general area, I can see why a lateral would be proposed. I also see that if the lateral is there to serve 185, it would also serve 175 Landmark Drive." Bernhardson noted that it would not make sense to include Christine Drive if the lateral is not extended up Stubbs Bay Road. Ms. Whitman read a portion of a memo from Mike Gaffron to the Council, dated March 23. The memo stated that the Whitman and Use property both have functional trench drainfield systems and lots of room to replace same, if soil testing finds suitable conditions for trenches. Mayor Grabek stated that at some point a decision would have to be made as to which properties should be excluded. He felt that Council should have an option to give variances to those that wish to be excluded but meet the criteria for inclusion. Grabek said that the criteria that has been established seems reasonable. Grabek said he is willing to make a decision this evening provided that adjustments can be made pending the receipt of further information. Councilmember Goetten said that straying from the criteria to allow exclusions may create problems. Goetten stated that the petitions should be sent out to see where the project stands. She noted that there are properties around Stubbs Bay that need to be sewered immediately. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to accept staff's recomiriendation and criteria for the areas to include in the project, areas that are to be notified of the project to determine the desire for optional inclusion and the areas to be excluded. Council will be gj.ven the opportunity to make further adjustments on an individual basis. Councilmember Nettles questioned whether Council would ure criteria such as proximity to the line, alternative septic sites, acreage, etc. when considering case-by-case adjustments. Mayor Grabek stated that those were valid fac :ors to be considered. Ms. Barren asked that notices be sent to the four Oxford properties abutting Bayside Road. Bernhardson stated that notices would be sent to everyone on Oxford to see if there is any interest. Motion, Ayes-4, Callahan, Nay. Motion passed. SECRETARY POSITION - EMPLOYMENT* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the resignation of Theresa Stahl ana authorize the hiring of a person to fill the secretary - 16 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1590 SECRETARY POSITION CONTINUED position. This employment will be presented at the April 23, 1990 meeting for final approval. Motion, Ayes-5, Nays-0, Motion passed. TEMPORARY CLASSIFICATION CHANGE - PART TIME CLERICAL* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve tiiS temporary classification change for Jamie Bosma from Level II ($8,721 per hour) to full time Level IV, Step 1 ($9,795 per hour). To be in effect until the position of secretary has been filled and completed one week of on-duty training. At that time Jamie's classification would revert to part time Level II ($8,721 per hour). Motion, Ayes- 5, Nays-0, Motion passed. LONGEVITY PAY STEP - OFFICER LARRY TOMCHECK Councilmember Goetten asked if it was normal procedure for the officer to ask Chief Kilbo for a pay step. Bernhardson stated that there is nothing improper about this procedure. Chief Kilbo added that the officers sometimes make a request such as this to assure that it is not forgotten. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve the longevity pay step to $16,727 per hour for Officer Tomcheck. Motion, Ayes-5, Nays-0, Motion passed. CRIME PREVENTION ORGANIZATION Councilmember Nettles stated that a previous reference was made to having at least one Councilmember appointed to the board. He said that it appears there is no opening available. Bernhardson stated that just an Organizing Committee was being formed at this time. The Organizing Committee would complete the incorporation and nominate a Board. If there are no Counciimembers interested in serving on the Organizing Committee, Council can direct that a position be reserved on the Board of Trustees for an interested Councilmember to hold. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to accept the information presented regarding the Crime Prevention Organization, with the provision that a position be reserved on the Board of Directors for a Councilmember. Motion, Ayes-5, Nays-0, Motion passed. PART TIME OFFICER KARNITZ/PERA RESOLUTION #2792* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Reso’ition #2792, declaring that the part-time position held by Richard Karnitz is that of a - 17 - MINUTES OF ORONO COUNCII MEETING HELD APRIL 9, 1990PART-TIME POLICE OFFICER CONTINUED police officer. Motion, Ayet^-5, Nays-0,Motion passed. ANNEXATION HEARING DATE* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the annexation hearing date. Motion, Ayes-5, Nays- 0, Motion passed. 1990 BOARD OF REVIEW - APRIL 17, 1990* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the information presented regarding the 1990 Board of Review scheduled for April 17, 1990. Motion, Ayes-5, Nays-0, Motion passed. AWARD SIREN BID* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to authorize the award of a siren bid to Electric Service Company in the amount of $15,840.00. Motion, Ayes-5, Nays-0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Bederwood/Little League, DARE Graduation, LT. Completion of Probation, LOGO Contest, Highway 12 Corridor Meeting, Memo from Deputy Clerk, February Receipts and Disbursements, and Wire Transfers. Motion, Ayes-5, Nays-0, Motion passed. CITY ATTORNEY'S REPORT: VACATION OF DRAINAGE EASEMENTS AND DRAINAGE AMD UTILITY EASEMENTS WITHIN THE PLAT OF RINGERSWOOD RESOLUTION 12793 It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2793 vacating portions of dedicated drainage easements and drainage and utility easements within the plat of Ringerswood. Motion, Ayes-5, Nays-0, Motion passed. LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the following license(s): Septic System Installers:Jerry Johnson Excavating 2445 Morningside Road Don's Backhoe and Excavating 11585 noth Street - 18 - MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 LICENSES CONTINUED Patnod Bros Sewer s Water 16551 Lake Ridge Drive Sullivan's Services, Inc. 3660 Highway 101 South Elmer J. Peterson Route 2, Box 226 Motion, Ayes-5, Nays-0, Motion passed. BILLS* It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve payment of the All Funds Account. Motion, Ayes-5, Nays-0, Motion passed. EXECUTIVE SESSION 9:30 P.M. City Attorney Barrett requested an Executive Session. ADJOURNMENT 9:40 P.M. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adjourn the Regular Council Meeting at 9:40 p.ra. Motion, Ayes-5, Nays-0, Motion passed. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 19 - 41890.7 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato' DATE; April 18, 1990 SUBJECT: LMCD Comprehensive Draft 4 «£ETWe 23 1990 <^0F0Rm0 Attachment; A. LMCD Longterm Management Program Dated April 1990 Public Review Draft (Previously distributed) ISSUE - Transmission of Public Review Draft to Council for review. INTRODUCTION - Following the comments Orono had given LMCD regarding the initial drafts, at the February 12th meeting, the consultant undertook writing the Public Review Draft which is Attachment A. It is hoped that a review can be completed for the 5/15/90 meeting at which the City’s LMCD representative will be available for discussion of the draft. No action required. COUNCIL MEETING From: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator .prii 15. 1590 CITY OF ORONO Lot 2, Block 2, Sugar Woods - Request for Loop Driveway List of Exhibits Exhibit A - Exhibit B - Exhibit C - Ex’-1.bit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Pflaum's Letter Site Plan - Loop Drive Site Plan - Turnaround Site Plan - Backout Apron + Interior Turnaround Cul-de-sac Site Plan Approved by Staff with Issuance of Building Permit Affidavit - Steiner & Koppelman Inc. Hardcover Fact Sheet Area Calculations for Sugar Woods Lots Staff Sketches The developer of Sugar Woods has asked for clarification concerning Condition 1-F of Resolution #2652 (resolution approving conditional use permit for PUD), written as follows; F. The applicant has created a no-grading zone/woodlands protection area within the private open space outlets (namely Outlets A and B), and the setback areas defined within each building lot. Within those areas no future owner will be allowed to remove trees in excess of 2" in diameter at 4' above grade. No grading is allowed within the protected area, however, each residential lot n»^ include driveway up to 20* wi ie leading ^ the lQ.9^ road. This ‘driveway may be graded and trees of any size may be removed to build it. The subdivider's agreement should also define the protected areas such as the setback area of each lot and the private open space outlets. Staff has not researched the minutes nor the staff memos that would confirm the City's intent regarding this specific directive of that condition. It is the City's position that a single access/curb cut/driveway with a maximum width of 20 was to be installed to serve each residential pad. Such a driveway would cross the 50' wide front street protected area. The single underlying theme of this PUD has been to protect the unique trees within the s.bdivision. This condition was an attempt by the City to lessen the Impact on rhe tree growth by limiting access drives to one at a maximum width of 20'. It would be the City s position that a loop driveway would be two driveways. It is the developer's position that a looped driveway is one driveway and not prohibited by resolution #2652. Please review Exhibit A, Mr. Pflaum's letter reflects his clients position. Lot 2, Block 2, Sugar Woods Ar. .1 19f 1990 Page 2 of 5 The interpretation question arose at the time of the issuance of a building permit for Lot 2, Block 2 to Steiner S Koppelmann (review Exhibits B, C and D). Obviously, there are portions of drive, backout apron and turnaround areas that cannot be classified as a single driveway at a 20' width that encroach the front setback area. This is not just an issue of two drive­ ways at a 20* width intersecting the front building setback area, but of the other required improvements that would also be placed within the protected setback area (review Exhibits E, F and G). Staff issued a building permit to Steiner & Koppelmann based on a driveway and backout apron designed to limit the encroachment of the front setback area to 1,000 square feet (20* maximum width of drive by 50' depth of front setback area) until Council would approve a greater encroachment. Specific site conditions for this lot require that the house be placed right at the 50' setback line. This will also be the case for other lots within the plat where the desire is to minimize impact on trees and taking advantage of gentler elevations. In the case where a house is placed right at a 50' setback line, the City must deal with the question of portions of a backout apron and possible turnaround within the front street setback area. It would be appropriate to amend the approval resolution to allow for more than a single 20' wide driveway directly to the street where appropriate for safe ingress and egress. It is the hope of both the developer and the City staff to establish standards/criteria/guidelines for future building permit applications within the Sugar Woods plat so that it^is not necessary to come back to Council for every building permit that cannot follow the very general guidelines of the PUD. If you have a chance to visit this specific site, you will find that the majority of the front street setback area on the portion of the curved lot that extends westward, has few trees. A looped driveway will provide minimal impact on the trees within the protected area. Note the contractor has already screened off the larger trees, in fact, the looped driveway is almost defined by the vacant corridors in the protected area. (As you may recall, development within this project is limited to no more than 80% of the defined building pad being covered with "hardcover" improvements. The normal lakeshore hardcover regulations do not apply.) Lot 2, Block 2, Sugar Woods April 19, 1990 Page 3 of 5 It should also be noted that there is no hardcover problem (review Exhibit G). This is the smallest of the building pads and it would appear that we have 3,400 square feet of additional hardcover available for the improvement of this specific lot. In consideration of the PUD as a whole, hardcover will not place any restrictions on additional turnarounds or looped driveways on a given lot. In reviewing this issue with the Public Works Director, he once again advised that in the recent amendment to Chapter 6 that discussed driveway approaches to both private and public roads, that properties were limited to one driveway approach and that loop roads were to be discouraged. This ordinance was approved in 1988. Gerhardson appreciates the concerns expressed in Pflaum's letter and made the following suggestions for criteria that could be used in determining whether a lot would qualify for a loop road: 1, 200' minimum frontage on Sugarwoods Drive. 2. Heavily treed or unique trees located within front street setback area. As there is no doubt that a loop drive limited to a minimum width of 12' and strategically placed would reduce impact on protected area. It is staff's recommendation that where safety concerns are the real consideration because of placement of lots on curves, that turnarounds on site always be preferred over loop road configuration. Chief Kilbo has advised the (—y against allowing the site to be developed where only a backing out onto a roadway is permitted. He warns that you are in violation of State law if you don't back out into the direction of the flow of traffic. In the site plan approved by staff, the user of the property would have to back out onto Sugarwoods Drive as no turnaround is provided on the site. General Staff RecossBendation - A. Criteria for Loop Road. The loop road configuration shall be allowed within the Sugar Woods subdivision as long as the following site conditions exits: 1. Hardcover must be maintained at 80%. 2. 200' minimum frontage on Sugarwoods Drive. 3. Heavily treed or placement of unique trees within front protected area in order to reduce impact on front street setback area. Lot 2, Block 2, Sugar Woods April 19, 1990 Page 4 of 5 Such loop driveways through the front street protected area are limited to a 12' width. Such lots would also not be permitted interior turnaround cul-de-sac areas that may encroach portions of the front street setback area. Driveway approaches must be 10' from side lot lines at intersection of private road. B. Criteria for the encroachment of other non-structure improvements within front street setback area. Regarding turnaround/interior cul-de-sac/backout aprons located within front street setback area. Encroachment allowed under the following site conditions; 1. House placed at the 50' setback line because of unique site conditions (trees - elevations). a) backout aprons from garage areas shall be limited to a depth of 20'; b) allow portions of turnarounds within front setback area (includes either portion- of a turnaround driveway or turnaround backout apron - to be based on impact of trees), staff to make final determination. Please review staff sketches. Exhibit I, that graphically depict staff's discussion. In conclusion and in consideration of the various site conditions that may exist in the Sugar Woods plat, staff would encourage the developer and contractors who develop within Sugar Woods to use shared drives where possible, employ backout turnarounds/interior cri-de-sacs within building pad where there is minimal impact cn crees within front street setback area, and at last resort, srek the use of loop driveways. We would encourage the developers and contractors to contact the Public Works Director in the early stages of application for a building permit . Council Action - Direct staff to draft a resolution amending resolution #2652 that granted conditional use permit approval of a PRD providing criteria for permitted improvements encroaching front street setback area. Lot 2, Block 2, Sugar Woods April 19, 1990 Page 5 of 5 Staff Recoamendatlon for Current Request - To approve a loop driveway for Lot 2, Block 2, Sugar Woods limited to a 12' width as it encroaches front setback area providing necessary turnaround and the encroachment of a 20' backout apron within the front setback area based on the following findings; 1. Lot consists of 200'+ of froiitage on Sugarwoods. 2. Portions of house placed at 50' front setback. 3. Minimal trees within yard area designated for loop road. 4. No hardcover problem. Subject to the cc -.ion that no portions of turna’-ound - interior cul-de-sac oj. ..urnaround backout apron be allowed to encroach setback area. Proposed Motion: Moved by _ _, seconded by _ _, to adopt staff's recommendation based upon the findings and conditions noted above. Ayes _ _, nays _ _. I LAW orrices LEONARD, STREET AND DEINARD tiONCt LOMia* stONcr tmO mai o S M tMCVHAM* eiOMOt Mlkk** Sr-"£r’'* SUITE 2300 MiCMAeL k aciiDi ISO SOUTH rirrH street kOWtU V STO«T* •rm •*kTo*i OOWOLAS ■ 0NCCNB«r*0 »CT(« M MCMMAM MINNEAPOLIS. MINNESOTA 55402 CkkCMO BAMVBON »*»C O »IH»f ■ AMCAMrr H VAN VAIICMMBO JAMflJ tMAUNC MelkMATtOM CHABkCS A OArroM M'CHAtk A NCR>CM<TELEPHONE I AOSAHMC MATMANSON ) 33S «500 HAMTMAC a*ANO* MICMACk 0 TATLOa ■Tca««M a arkAUM'SAVie N MATHCt v Omn m SCTtiNOia •ftCA t BCHirSAT CHAAktSA HATf eceaoi r McQUNMrakB. ja • aoaiai THOWAia SANOCai >*BCMCE a KMAcrca aoacar zcnkOviTCH TIHOTMVWtkCM aoBKar a tmav >s * BvaoM c »TAaNB‘JAMES a sukkAae* ocsaAO stacMkOw •CDKB A LAASOM OCOA4C ■ kCOHAAn >c«Tt .1 STBvcN e otaym a* M«»A*k a CONCH AATMua k M STaCCT..#r» , SCHCWCT BC'NAAOoaaa JAMCS a oeasCY AATMkCCN H OAAMAH STCaMCNJ DAVIDSON* DAVID AANTOa April 16, 1990 AMOSS OCIHAADoaM ' MtCMCkkC A HIkkCa AMDCkAH CMAISTT timotht a MCTtasoM jCNNifca a aAAA DkAaC SNCaAAO. JA OANtCkM SATOAIUS ankkiAM k OacCNC (612) 335-1546 BY MESgg^tGgR Ms. Jeanne A. Mabusth, Building & Zoning Administrator City of Orono 1335 South Brown Road Orono, Minnesota 55323 ITVOF 50N0 [1E[10\^ APR 1 6 1990 sugar Woods Planned Residential Development Our File 18311-2 Dear Jeanne: This letter is in furtherance of recent discussions you have had with Rick Lang of Steiner & Koppelman and with my partner Hugh Maynard, concerning driveways serving homes in Sugar Woods. This question has arisen: "Is a driveway that starts at one curb cut on Sugar Woods Drive, loops into the lot, goes to the front of the nouse and the garage, and returns to Sugar Woods Drive at another curb cut one driveway or two driveways?' I understand that you are taking the position that a looped driveway is two driveways and is prohibited by Paragraph F of City Council Resolution No. 2652, which was intended to protect the existing trees in the project. We believe that a looped driveway is one driveway and is not prohibited by Resolution No. 2652. However, we do not want to get bogged down in an argument about what the City Council meant in passing Resolution 2652. what the developer understood and what city staff understood. Even if the City Council fully intended to prohibit looped driveways, we believe there are good reasons to eliminate the prohibition at this time. Ms. Jeanne A. Mabusth April 16, 1990 Page 2 We are hereby requesting that the Orono City Council formally approve the use of looped driveways in Sugar Woods, because straight driveways are already proving to be impractical and unsafe. Looped driveways are common in Orono and should be allowed in Sugar Woods. If the City Council agrees, it could pass a resolution interpreting Paragraph F of Resolution 2652 ao allowing looped driveways or it could pass a resolution amending said Paragraph F. In either case, no driveway should be more than 20 feet wide as it passes through the 50-foot wide front setback area. The question of looped driveways arose recently with the application for a building permit for a house to be built by Steiner & Koppelman on Lot 2, Block 2, Sugar Woods. I understand that several driveway layouts were proposed, namely the following: 1. The builder proposed to build a looped driveway with the enclosed layout ("Choice #1"). It was rejected, because it involved two driveways that cut through the 50-foot area front setback area. 2. The builder proposed an alternate layout consisting of a straight driveway with a turn-around circle (enclosed as "Choice #2"). It was rejected, because portions of the driveway were more than 20 feet wide within the 50-foot front setback. 3. The builder prepared a third layout with a turn-around "Y", which could have been modified to satisfy both the one driveway rule and the 20-foot wide rule (enclosed as "Choice #3"). It was also rejected, because it would occupy more than 1000 square feet (50' x 20') in the front set-back area. 4. You proposed and the builder accepted a fourth layout, consisting of a straight 14-foot wide driveway that widened at the front of the three-car garage (enclosed as "Choice #4"). If my recitation of the facts is not completely accurate, please forgive me, because most of this is second hand. However, it is clear that on this particular lot a looped driveway would be the safest and most sensible layout, as well as a more aesthetic Ms. Jeanne A. Mabusth April 16, 1990 Page 3 solution. Please recall that on this particular lot there are almost no trees within the 50-foot front setback area; and that the purpose of Paragrah F of Resolution 2652, as we understand it, was to protect trees 2" or more in diameter. Even if the City elects not to change Resolution 2652, it should permit a looped driveway on Lot 2, Block 2, Sugar Woods. There are many other lots in Sugar Woods where looped driveways would make more sense, even if more trees are taken than with straight driveways. There are four lots on the inside of curves of Sugar Woods Drive and six lots on the outside of curves of Sugar Woods Drive; and straight driveways would result in cars backing into Sugar Woods Drive where it curves. Most of the lots are heavily wooded and backing out of heavily wooded lots into Sugar Woods Drive would be dangerous. Looped driveways encourage off-street parking by guests and this is desirable. Sidney Rebers has demonstrated an extraordinary desire to preserve trees on this site. He personally planted many of the trees and he has relocated many trees during construction of Sugar Woods Drive, rather than cut them down. Through his control of the architectural control committee for Sugar Woods, Sidney Rebers will be able to continue his efforts to preserve trees in Sugar Woods. We respectfully request that looped driveways be allowed in Sugar Woods, subject to the site conditions, subject to the approval of the architectural control committee of the homeowners association (which is controlled by Sidney Rebers during the development period), and subject to the limitation that no driveway may be more than 20 feet wide as it passes through the front setback area. We do not think that every request for a looped driveway should need to be brought to the City Council or its staff. We request that this matter be heard and decided at the regular meeting of the City Council scheduled for Monday, April 23, 1990. Sidney Rebers and Rick Lang will attend the meeting and I hope to be there as well. However, I have another governmentaj. hearing scheduled for that afternoon and, if it does not finish on time, I will ask Hugh Maynard to attend in my place. Ms. Jeanne A. Mabusth April 16, 1990 Page 4 Thank you for your understanding and your help on this driveway question. We hope that the City Council will acconunodate the needs of Rebers Construction Co., Steiner & Koppelman and the other builders by approving looped driveways in Sugar Woods. ^ Very truly yours. LEONID, .STREET AND DEINARD By Jly StepWen R. Pflaum HMMirbb cc: Thomas Barrett, Esq. Mark Bernhardson Sidney Rebers Rick Lang Hugh M. Maynard, Esq. Robert Kost o o o 0> o R m (Q S ( 5 ( f-As an authorized agent of Steiner & Koppelman Inc., I fully understand that with the issuance of a building permit by the City of Orono for residential construction on Lot 2, Block 2, Sugar Woods (address 2003 Sugarwoods Drive), that this permit is issued by the City based on the site improvements shown on the attached survey/site plan with no official date assigned, but dated by the Orono staff on April 9, 1990. This site plan includes an apron and single access drive from Sugarwoods Drive. Portions of the backup apron are located within the front building setback area. The total access drive and backout apron cannot exceed the allowed maximum of 1,000 square feet of driveway area within the front building setback area (20' width x 50' length). The City is not obligated to provide turnaround or additional drive areas in excess of the allowed 1,000 square feet within a front building setback area to facilitate vehicular traffic within the residential lot. It is understood that the Orono Council is the only authority that can approve additional paving improvements in excess of the allowed 1,000 square feet within the front building setback area. Ct-t^ O-'d. _ _ _ _ _ _ _ __ _ _ Authorized Agent of Stetner & Koppelman Inc. / ATTEST: / / (y 04/03/^ 15:12 TWE CITY OF OPa«D 612-473-7357 HARDCOVER CALCDIATION WORKSHEET ProDoaad Hardcover - a. House length width b. Garage c. Driveway (Include area within fronr k area) d. Sidewalk e. Patio/ Deck/Pool/ Pond e. Landscape areas underlain with pervious or impervious aheoting/_ _ _ _ _ _ x _ _ _ _ fabric _ _ _ _ _ X _ _ _ _ g. Other TOTAL HARDCOVER (A) Building Setback Area (B) Total Lot Are s.f. s,f. s.f. s.f. s.f. s.f. s.f. s.f. s.f. *.f. s.f. s.f. s.f. s.f. s.f. s.f. s.f. s.f. Area s.f.-Z-Z^^ob (C) Building Pad s.f. (C) Building Pad Area s.f. Allowed Hardcover s.f. X 80% -)C? 14-L I08-39BJ eziti 06. s / -» l\A i,^r\^' / 1/ \1 V \f'>\> <ry ^ ^yfov^ ^ -iyo?/7-v-^ n-fj-no^^ W>-n ^ o^ ^ ^'>S'»-|“;-^ ~^o,t,^f^/. OW^OA-y ^ j‘ ij/ tC0 ’C3Ut 06. fi From: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator April 18, 1990 #1411 Sussex Square Development, 3020Sussex Square Development, 3020 Final Subdivision APR 2 3 1990 CITY OF ORONO list of Exhibits Exhibit A - Road Name Request Form Exhibit B - Plat - Road Designation Exhibit C - Hudson Directory Pages Exhibit D - Elevation of Monuments Exhibit E - Plan View of Monuments A. Road Name Please review the road name selections presented by applicant for consideration. Exhibit A. In review, staff found that the first two selections - Fox Bend und Russell - pose potential problems in consideration of ei-isting similar road names within the City and surrounding area. Please review the Hudson Directory pages that list existing roads within Orono and adjacent communities similar to the first and second name selections. The reviewing staff recommends the third choice. Laurel, finding no conflicts with existing road names within the City and adjacent communities. One member of the reviewing staff asked if applicant had considered Sussex Square (or Sussex Drive, Circle, etc.) . Proposed Motion: Moved by ___, seconded by ___, to approve the following road names for the Fox Bend plat as follows: Laurel Drive, Laurel Circle and Laurel Lane. Ayes ___, nays ___. B) Approval of Monuments Please review Exhibits D and E, the monuments are to be placed 10' in from the plat road right-of-way and 20' in f^om the Fox and Leaf Street right-of-ways. Staff sees no probl^.a with traffic visibility nor with use of the intersection with height and location of monuments. The monument runs approximately 17' lineal feet, maximum height of the highest pillar is 6' connected by a 3' wall to the lower pillar at 4'. The monuments will consist of stone and brick. The applicant has also included a landscape plan for monument areas. Staff recommends approval of the monument design finding no potential hazard based on location and no sighting problems for users of the east and west accesses of this property. Based on directives of final plat resolution, developer is to create easements over monument area to assure access for upkeep and maintenance. Proposed Motion: Moved by _ _, seconded by to approve the monuments for the Fox Bend plat based on plans by Kevin G. Norby and Associates Inc., Page 2 of Page 2, dated October 3, 1989. Ayes ___, nays ___. CITY OF ORONO Control No.tr A. The Subject of this request is: \y an existing private roadway. a proposed public roadway which is to be created as a ' condition of pending subdivision approval. B. Owner(s) of the subdivision IVJ ) 10 .'V \ UD *0 C. The above owner(s) hereby request that this Roadway be known by the following name: Choice No. 1 Poy l^godl ^ox QtrO-l^ ^ feevic] Choice No. 2 fcu Tjr ~l l - Ca rcU ^ ^xn^seu. La»^€.^ Choice No. 3 Vaurpl ^ Vourpi Circle, ^ \^nure.i Vo.rvg->> (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official identification purposes.) D. The above owner (s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereby agree to reimburse the City for all costs of said installation. (Such signing may be required as part of a separate Developer's Agree lent and/or subdivision request.) 3 Fo>. Bcnct Dr. standard city street naune sign(s) - number required i fox standard "STOP" sign(s) - number required The above owner(s) do hereby acknowledge the (future) existence of said public road, and that the City of Orono has no obligation to maintain or service said roadway until that roadway has been approved by the City of Orono as meeting all public road standards specifically the completion of the paving. Signature(s) of owner(s): Date L L i 4 u> J i i J i i ^ i 1 4 4 /•> ^ i ^ <c i liiii K.l'i\i ' 4 i S3 i I I 3 J ' ': .Ii iumtimiimmaim5!iiiiiiHiilii«fflli iiiiiiiiiijiliiiili i ' S I ■"ilfflil <1 aoJvft 5 i'i 5 i 2v ^ ^ ~-i i g82!i82S88282iSSii<««*«*<««s**a ************ *^****“*“*“*‘““*‘“‘ ...............s J l 5 4 4 I 3 liiiiiiiiiii 3;si To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: April 20r 1990 Subject: #1428 Clifford Otten, Willow Drive/Highway 12 - Final Subdivision & POD Rezoning ■7 h 5 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Pinal Plat Resolution Ordinance Amendment Final Plat Resolution #2692 PUD Agreement Developer's Agreement Sewer & Water Agreement Road & Utility Easement Over Outlet C council MEETINS APB 23 1990 CITY OF ORONO A. Final Subdivision - The applicant has completed all requirements of Resolution #2692, preliminary subdivision resolution, and submitted all necessary information and submittals. Staff has drafted the final plat resolution for your review and action (Exhibit A). Staff has also enclosed i ar of the key documents (Exhibits E, F, G and H) that govern the implementation of this comprehensive application in addition to setting forth the terms and conditions of the Planned Unit Development. The four documents are not final drafts and require minor revisions sought by City. Staff will review the final drafts prior to your meeting and make a recommendation as to whether Council should complete their execution. Please contact Mark or Jeanne if you have any questions on these agreements or the easement . B. Ordinance Amendment - John Shardlow, the City's Planner, has provided a sample ordinance amendment for a PUD rezoning for the City staff's use. Note that the ordinance does not require the republishing of the zoning map, but merely calls for a simple clerical function on the part of the Zoning Administrator by designating on the zoning map, PUD-1 over the East Willow Woods plat included within the PUD and maintenance of a complete official file on the specific PUD. Staff Recomaendation - ,, , ^ jIf Council grants approval of the East Willow Woods plat and associated agreements governing PUD and commercial site plan for Otten Brothers Nursery, staff recommends formal action on the Ordinance amendment. A RESOLDTIOH APPROVING THE PLAT OP EAST WIU.OW NOODS PILE NO. 1428 ■ *’’ WHEREAS, the City of Orono is a munic : 'rporation organized and existing ’nder the laws of the Sw- ^ ’=nnesota; and r... , , WHEREAS, the City Council of the City of Orono (het^’inafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a plat by Clifford L. Otten (hereinafter "the subdivider"); and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Planned Unit Development Agreement for the City Council's consideration and final execution, said agreement sets forth the terms and conditions of the PUD rezoning (hereinafter referred to as "PUD-1"), said agreement shall govern if there is a conflict with other documents created with the implementation of Application #1428; and WHEREAS, per Resolution #2692, the subdivider has submitted an executed Developer's Agreement providing frr the installation of certain improvements as a condition of o-.-nercial site plan approval for the comprehensive garden center use; and WHEREAS, the subdivider has submitted an executed Sewer and Water Agreement for the Council's consideration and final execution that sets forth the allotment of current and future sewer and water units to the subdivider and a schedule for their payment and agreement to sell Outlot B to the City of Orono for a future municipal well and pump house site; and WHEREAS, the subdivider has submitted an executed road and utility easement over Outlot C, the future east/west frontage road that limits construction of said road until either one or more of the four following conditions are realized; 1. Until such time as the developer, his heirs, successors or assigns, request same; or Page 1 of 5 2. Until such time as an east/west frontage road is constructed from Willow Drive through East Willow Woods and Piigar Woods to Brown Road with one southerly extension from ; ar Woods to Highway 12, and another southerly extension to Highway 12 to line up with Brimhall Lane; or 3. Upon the rezoning of Lot 1 and/or Lot 2, Block 2, East Willow Woods, to a commercial zor’. j district; or 4. Upon the development of Lot 2, Block 1, East Willow Woods, separate from the ownership or uses of Lot 1, Block 1, East Willow Woods wherein access to Lot 2 shall be via Outlot C unless the City, in its sole discreation, determines that alternate access is adequate for said Lot 2. WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all platting requirements of Resolution *2692. 2. Dedication on the plat of right-of-way for a public road shown as Willow Drive, 3. Dedication on the plat of Drainage and Utility Easements. 4. Creation of four outlets for the following purposes; Outlot A is designated as an open space area to serve as a drainage/detention area and as an area providing a landscape buffer to residential properties to north. The subdivider has granted separate drainage easements over this drainage area. Outlot B is designated for a municipal well site and pump house and to be owned by the City of Orono upon sale by subdivider. Outlot C is created as a future east/west frontage road. Outlot D is set aside for additional right-of-way for Highway 12 for future acquisition by the Minnesota Department of Transportation. Page 2 of 5 5. Concurrent with the creation of Outlot C, the future east/west road, the subdivider has ddicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over said outlot. Other limitations specified with the granting of this easement have been noted above. 6. The Minnehaha Creek Watershed District (permit #89-182) granted approval of grading, drainage and erosion control plans by McCombs Frank Roos and Associates on 11/14/89. 7. Approval of septic testing for residential Lots 1 and 2, Block 2, East Willow Woods, confirming that the newly configured lots each have adequate area for on-site septic development as follows: Lot 1, Block 2 - tested sites for principal and alternate. Lot 2 - existing principal system is satisfactory. Alternate septic testing confirms adequate area for on ­ site sewage treatment system. 8. The Orono staff and consultants have reviewed the plans for this comprehensive application and hereby specify approval of each enclosed plan and indentify them as part of the official record for the East Willow Woods subdivision and PUD No. 1: A) Approval of commercial site plan with internal signage by Kilstofte Associates Inc. Architects dated 4/5/90. B) Approval of grading, drainage and soil erosion control plan by McCombs Frank Roos Assocates dated 11/15/89, printed 4/6/90. C) Acceptance of elevations of main building/accessory building by Kilstofte Associates Inc. Architects printed 1/4/90. D) Approval of landscape plans by Otten Brothers Nursery dated 6/23/89. E) Approval of signage plans by Kilstofte Inc. Outlets printed 4/5/90. Page 3 of 5 ^jclates 9. Payment to the City of amount of $6,500.00. a Park Dedication Fee in the 10. Payment to the Ci.y for the legal review and filing of the plpt agreements, easements and covenants in the amount of $30u.00. 11. Payment of the final plat fee in the amount of $150.00. HON, THERBFORE, BB IT •7'?S0LVBD that the City Council of the CitY of Orono hereby approves the plat of East Willow Woods, Hennepin County, Minnesota; subject to the following condition; 1. Upon the final approval and execution of the resolution approving the plat of East Willow Woods, the Council of the City of Orono shall formally approve an ordinance amending the official zoning map of the City to now include a Planned Unit Development (hereinafter referred uo as "PUD-1") for the lands now referred to as Lots 1 and 2, Block 1 and Outlets A, B, C and D, East Willow Woods, Hennepin County, Minnesota . 2. Upon the execution of the final plat of East Willow Woods, the City Council of Orono shall -sirect its Mayor and Clerk to execute ether documents required by this subdivision and PUD rezoning, included but not limited to the following: Planned Unit Development Agreement, Developer's Agreement and Sewer & Water Agreement. The Orono City staff shall determine which of these documents shall be filed against the chain of title of the appropriate properties. 3. The 'o'resa plat shall be filed by the City of Orono with ' -.ep , County Registrar of Title's Office on or before er 23, 1990 togethri with a certified original copy o. d Resolution and executed copies of the agree ­ ments, t .sements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the da*"e specified above. In that event, it will be necessary to fil«. ^ new application with the City of Orono for subdivision review. Page 4 of 5 Dated this 23rd day of April, 1990. Do’-othy M. Hallin, City Clerk James R, Grabek, Mayor S. .i OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April, 1990, by James R. Grabek & 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 My Commission Expires Page 5 of 5 OROINANCB »_ _, SBCOHD SERIES AH ORDIHAHCE AMENDIHG SECTION 10.01, SDBOIVISIOH 1 (E) BEING THE OFFICIAL ZONING MAF OF THE CITY OF ORONO, HENNEPIN COONTY, MINNESOTA SECTION 34, TOWNSHIP 118, RANGE 23 CASE FILE #1428 The City Council of Orono ordains as follows: SECTION 1. Section 10.01, Subdivision 1 (E) of the Zoning Code is hereby amended to rezone to a Planned Unit Development (hereinafter referred to as "PUD No. 1") with underlying B-6 zoning, in accordance with the Plannned Unit Development/Subdivision Agreement on file in the City Cleric's office dated April 23, 1990, the following described property located within the City of Orono, Minnesota: Lots 1 and 2, Block 1 and Outlets A, B, C and D, all East Wil low Woods, according to the plat thereof on file in the Office of the Registrar of Titles, Hennepin County, Minnesota. SECTION 2. The Zoning Map of the Ciy of Orono referred to and described in said Section 10.01, Subdivision 1 (E), shall not be republished to show the aforesaid rezoning, but the Zoning Administrator or her designee shall appropriately mark the Zoning ::sr flip in the City Clerk's office for the purpose of indicating the rezonlng provided for in this Ordinance and all of tbe notations, references and other information shown thereon are hereby Incorporated by reference and made a part of this Ordinance. SECTION 3 This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this 23rd day of April, 1990, by a vote of ____ ayes and ____ nays. Dorothy M. Hallin, City Clerk James R. Grabek, Mayor i\ CITY I ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692 A RESOLDTION APPROVING the general concept stage of a pod rezoning application THAT INCLUDES A PRELIMINARY SDBDIVISION, VACATION AND COMMERCIAL SITE PLAN REVIEW FILE NO. 1428 WHEREAS, Clifford Often of Often Brothers Landscaping (hereinafter "the applicant") on June 23, a formal Planned Unit Development rezoning application with the City consisting of a two-lot commercial and residential lot line rearrangement subdivision, partial vacation of Pine Ridge Lane and drainage and utility easements within i'^^^erswood plat^ and a commercial site plan review for proposed J- commercial subdivision, of the properties legally Lots 1 and 2, Block 3, Ringerswood and Outlet ^erswood, Hennepin County, Minnesota (hereinafter "the property ); and uuvsR&Q after due published and mailed notice in .=cord.»crw”fMin*n;» <62.358 »t. Of Orono zoning and Platting at whi"hCommission held a public hearing on August 21, 1989 at wnicn times all persons desiring to be heard this comprehensive application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 11, 1989 the Orono City Council considered ^® ^P|“ Planned Unit Development rezoning of a subdivision, vacation and commercial site plan review, noting the following findings of fact; 1. The property is located within an area ^‘^^acent to Highway 12 that would be permitted special land use conside^rations per the directives of /^he Amendment No. 2 and under Sections 10.52 and 10.53 o.>- the Municipal Zoning Code. 2. Per Section 10.52 entitled "Special Requirements for Rezoning in the Highway 12 Corridor Study Area , the application has been found to satisfy the standards set forth as follows: A) The total area of the proposed commercial portion of the Planned Unit Development approximately 13 acres. The rezoning standards would requi--e a minimum of 5 acres for consideration. Page 1 of 7 Cityof OROrVO RESOLUTION OF THE CITY COUNCIL OF ORONO NO.2692 rhe proposed plan satisfies the objectives of the Transportation Plan of Comprehensive Plan Amendment No. 2 as applicant has provided dedication of access for Highway 12 and a road outlot to serve as an east/west frontage road. C) Municipal sanitary sewer and water has been ordered to serve the property. D) Applicant has provided detention areas on the site and will provide more detailed drainage plans upon approval of the general concept stage and as a requirement of the final development stage of the PUD rezoning. E) The PUD zoning and format of development is preferred within the Highway 12 Corridor. F) The exterior of commercial building proposed for Lot 1 of the commercial subdivision shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match annodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors. G) Applicant shall enter into a Development Agreement with the City to specify timing of all improvements associated with the development and developer s financial commitments related to those improvements. 3. The residential portion of the subdivision application involves a lot line rearrangement of existing residential lots. Each of the newly rearranged lots satisfies the area and lot width standards finding that each lot can continue to be used for residential use and future construction without the need of further variances. 4. The proposed vacation of Pine Ridge Lane is consistent with the directives of Comprehensive Plan Amendment No. 2 as the applicant has dedicated a road outlot through tha commercial portion of the property for an east/west frontage road. Page 2 of 7 I ORONaL .u.d City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692 __________ proposed vacation of existing drainage and utility easements within existing Lots 1 and 2, Block 3, Ringerswood is acceptable as new drainage and utility easements will be - dedicated along newly created lot lines of the residential lots. / 6. The commercial site plan for proposed Lot 1 of the commercial portion of the subdivision has been found to satisfy all pertinent standards of the underlying B-6 zoning district. Per the directives of Comprehensive Plan Amendment No. 2, B-6 zoning standards shall be applicable for all commercial development within the Highway 12 Corridor. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the general concept stage of the Comprehensive Planned Unit Development rezoning application for Clifford Otten of Otten Brothers Nursery and Landscaping per the survey entitled "Preliminary Plat", dated June 23, 1989 by McCombs Frank Roos Associates Inc., subject to the following conditions: 1. Outlot C Shall be realigned along the southern border < Lot 1 to straighten out the curving of the roadway. Final adjustment of lot line rearrangement of Lots 1 and \ 2, Block 3, Ringerswood to be finalized subject to the \^approval of the zoning staff of the City of Orono. /z. The final plan must locate the eastern portion of i/ east/west frontage road (Outlot D, Sugars Wood) to confirm ^^*y**'^ \ alignment with Outlot C of current subdivision. 4. Submit new legal descriptions for commercial portion of property to be rezoned to PUD with underlying 3-6 zoning and redefined southern boundary of RR-IB residential zoning district - subject to review and approval by Orono. 5. If temporary (ingress only) access is approved off of Highway 12, applicant is to submit written permit from MnDot. In addition, applicant's commercial site plan is to be amended to confirm location of curb cut approved bybe amended toconfirm MnDot. Page 3 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692 _________ CITY OF ORONOJ ___________approval by Minnehaha Creek Watershed District of' all grading and drainage plans for the PUD development. Applicant shall prepare for formal application to the MCWD providing design storm sewer calculations for ponding areas, grading and drainage and soil erosion plans. Applicant 9-» shall provide all information prepared for the MCWD to the /' u' City offices as soon as these plans and specifications are/ ' complete for the City's review. ^7. Septic testing for residential lots is required as original test sites have been negated with the rearrangement of lot lines. Final approval of plat and development stage shall be delayed until septic testing can confirm there is adequate area within the newly rearranged lots to satisfy septic code. — of Pine Ridge Lane that abutts north lot line of Lot 1, Block 3, Ringerswood shall not be approved for vacation by City, but shall remain as an access corridor to Lot 2, Block 3, Ringerswood via Dickey Lake Drive. All access_^ residential lots via Highway 12 shall be discontinue d with the~^nrnval ot tnis suD^ivision and PUD rezoning. I \ /»f^” ■3 ^ 9. The City to approye yacation of drainage easements'''^ within Outlot A, Ringerswood and to extinguish original Conseryation and Flowage Easement oyer said wetland area./ In exchange for the redesignation of drainage easements over newly defined detention areas within the commercial portion of the subdivision. The City to acquire drainage easements over said detention ponds and drainageways within the subdivision. Detention ponds are to be defined as drainage easements on the plat. The width of drainage easements' shall be established by the City Engineer prior to final, plat approval. 10. The commercial site plan must reflect the following changes; A) All private driveways must be cf a 30' imumwidth where lane also serves as a firt lane. / Y y.uj» fJUg' fh t»J~ 3c; ‘ - /UCZ2c. oAj- tcf- B) Landscaping plan - location, type and su e of g-‘n ‘ plantings. C) Detailed lighting plan - type and location, f Page 4 of 7 OF ORONO City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2692________ Total aignage plan. Aa.ta^ 7olLoading berth - siz^e and ind th ____ . 1-4-1° following list of finalConditions noted above and t'he i Itage^f VhrP^^D^^Ioninra^pV^^at^ must be = Emitted to month : A. RECORD PLAT drawings in the form of two mylar copies and one (1) copy recuced to 1"=200'. Drawing to include. a) Lot lines platted per survey by Associates, Inc. and if amended revised plan must be approved by City staff final to surveyor preparing final plan. b) Dedication of "drainage and utility easements" 10- wide along all perimeter property lines and 5 each side of internal property lines. c) Designation and dedication of drainage easements over all drainage ways and detention ponds within the plat. d) Define open space/buffer area to residen^tial property, east/west frontage road and to be deeded to City to house municipal well as outlets. e) Show alignment with Outlet D of Sugar Woods along east side of plat. f) Dedicate additional right-of-ways for adjacent public roadways as follows; i, 7' additional right-of-way for Willow Drive; ii. 10' additional right-of-way for Highway 12. g) Ns'ie of subdivision. — k/otH^ Page 5 of 7 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____^2_______ _____ documents required: J a) Title opinion addressed to the City. > mortgage holders or others with property interest indicated therein shall sign the plat and all other ^ documents affected by such interest. b) The applicant must Provide certified copies of all recorded easements currently affecting the property. c) Signed and executed easements over detention areas and drainageways within the plat (see sample enclosed). d) Executed road and utility easement over east/west frontage road, Outlot C (see easement enclosed). e) Executed Development Agreement by applicant and City. Development Agreement shall _ all of the required improvements ®®®°®Y^«mn,\\ment development and developer's financial commitment related to these improvements. A final development plan shall be attached to this agreement locating structures, driveways, landscaping, "®® area within proposed structure, areas devoted ope space defined in square f°°tage, parking area, area to be used within Lot 2 for temporary use by landscape operation. No signage shall be aH®”®^ ®" Tot 2 only on Lot 1 where the principal define'd. A^Letter of Credit shall be submitted with the Developer's Agreement for all improvements not completed by final approval of the f®;^®^°P?®"out t^the the PUD. The Letter of Credit shall be made out to the amount of 150% of the cost of the improvements yet to be compleced. C. DETAILED SITE PLAN suitable for jhowing the general landscaping plan, aii4 structure. D. SOIL EROSION CONTROL PLAN as approved by the Minnehaha Creek Watershed District and the Orono City Engineer. \0 Page 6 of 7 .orS^qJ Cityof ORONO RESOLUTION OF THE CITY COUNCIL NO.2692 ~|SpBars^g TO BE PAID; Tota- Due $6,050.00 a) Park dedication fee per current schedule; $500 per acre = $6,500.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $300.00 (Total due $6,950.00 less overpayment of $900.00 paid with original application fees for road) Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of September, 1989. James^. Grabek ,'^Mayor ATTEST; Dorothy l^Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of September, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & Citv Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behait of the City. k \ Sail P ^ : HENNEPl. .UN^y My <ommiiiio.i • My Commission Expires Page of B city of Orono Document Form Revised 10/87 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA PLANNED UNIT DEVELOPMENT AGREEMENT FOR East Willow Woods (Name of Development) Clifford (Name of Developer) THIS AGREEMENT, Made and entered into this _ _ day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called 'City'), and Clifford Otten, his heirs, successors and assigns (hereinafter called 'Developer'). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD), subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for conformance with the City's Planned Unit Development ordinance (PUD), all on the terms and conditions hereinafter set forth. HOW, THEREFORE, in consideration of the premises, and o^ the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1 Property Description: Lots 1 and 2, Bloc)c 1, and Outlets A, B, C and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sc. s-times herein referred to as the 'Property'). 2 Zoning: The Property is zoned as a p:,?, ..«d Unit Development under the Orono planned unxe development ordinance with underlying B-6 zoning. The Property may be hereinafter referred to as PUD-1. Initials of Dev.eloper Initials of City Clerk _ _ v r.ge 1 of _4_ The buildings and the signs shown on the site plan attached for which the Developer has requested building permits are to be constructed only on Lot 1. The first floor of the main building, including its greenhouse portion, has approximately 24,644 s<^are feet of space with the Developer initially proposing to use approximately 14,244 square feet for his business, leaving approxima^-ely 9,600 square feet of rental space. The second floor of the main building has approximately 9,600 square feet of space, of which the developer v/ill use approximately 5,040 for his own business, leaving approximately 4,560 of rental space. The storage building, including covered storage, has approximately 7,200 square feet of space. The production greenhouses (approximately 4,920 square feet) are also shown on the site plan attached. The Developer's uses of Lot 1 specifically include sales, service and rental uses foi' a landscape and garden business, including yard and garden equipment, and supportive and related uses. The permitted uses of Lot 1 include the Developer's above described specific uses, the zoning district B-6 uses, and the zoning district B-1 uses except arts and school supplies stores, barber and beauty shops, books, magazines, record shops, drugs, candy, ice cream, so> i drinks, ccsmetics and other usual drug store merchandise, dry cleaning and laundry pick-up stations including incidental pressing and repair, jewelry shops and repair, laundromats, music, newsstands, pipe and tobacco shops. Lot 2 may be used for the storage of plant, garden and landscape related supplies and materials in conjunction with the Developer's use of Lot 1. Lot 2 may also be used for zoning district B-6 uses. Lot 2 may be improved with structures subject to City issuance of a conditional use permit and site plan approval so Jong as such structures are built of the same materials and of the same quality as the developer's structures on Lot 1 and so long as such structures are greenhouses which are auxiliary to the Developer's business on Lot 1. Such conditional use petv.il. shall require appropriate screening of the structures from Highway 12. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD Agreement. The foregoing uses are permitted pursuant to this PUD Agreement. Site Access: The present access to Lot 1 is via Highway 12 and Willow Drive. The present access to Lot 2 is via Highway 12 and Lot 2 may be accessed through Lot 1 so long Initials of Developer Initials of City Cle.;x_ _ Page 2 of as Lot 2 is ovmed and used by the owner of Lot 1 as part of the landscape and garden business on Lot 1. For special assessment purposes relating to the construction of a road improvement on Outlot C, the Developer agrees that benefit to Lot 1 from the road will not take into account the presence of the existing Willow Drive access; the City agrees that the construction of the road on Outlot C will not require the Willow Drive access be closed. The present access from Highway 12 to Lot 1 is for ingress only, and a majority vote of the council shall be required to obtain the right of egress from Lot 1 to Highway 12. If Lot 2 ceases to be owned and used by the owner of Lot 1, then Lot 2 shall be obligated to develop access via Outlot C unless the City in its sole discretion determines that alternative access is adequate. Building Design and Construction; The improvements on said Lot 1 shall be constructed according to the plans on file with the City of Orono. The building plans show a main building with a partial second floor and an accessory building, and production greenhouses, all on said Lot 1. The exterior of the building shall be of a combination of tan and dark brown concrete blocks with split-face stone finish with trim of dark brown and green to match anodized aluminum with clear glazing used through area where plant materials are maintained. All accessory structures shall be of the same exterior finish and exterior colors. To the extent Developer builds structures on Lot 2 for use in conjunction with his business on Lot 1, such structures on Lot 2 shall be constructed of the same materials and of the same quality as those on Lot 1. Height; The portions of the flat roof are at a height of 30' or less. The two story portion of the building with the gabled roof in 32'6» to the peak, 21'8" to the eave, and 27' to the mid-point. The height of this building to the peak not to exceed 32'6* is permitted pursuant to this PUD Agreement. Signs; The signs and signage in said Lot 1 shall conform to the Sign Plans (4 pages) dated March _, 1990 on file with the City and are permitted pursuant to this PUD Agreement. Compliance; At any time and from time to time the Developer may request that the City provide the Developer Initials of Developer Initials of City Clerk _ _ Page 3 of Li a certificate certifying that the terms and provisions of this Agreement have been complied with and that this PUD Agreement is in full force and effect with respect to the development for the purpose of facilitating sale, mortgage. Insurance, or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonadsle time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. 9. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,^ representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. 10. Notices; Whenever in this agreement it s^’all be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to Citv Notice to Develooer City of Orono Clerk/Administrator P. O. Box 66 Crystal Bay, MN 55323 Clifford L. Otten P. O. Box 249 Long Lake, MN 55356 Incorporation bv Reference: All plans, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. Disclaimer bv Citv; It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally lizdsle or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of Initials of Developer Initials of City Clerk _ _ Page 4 of A. this agreement or the performance and completion of the improvements. 13. Hold Harmless and Indemnification; The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liedjle, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of ^-*-is agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 14. Remedy for Default! Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of;CITY OF ORONO (Mayor) (City Clerk) Initials of Developer Initials of City Clerk _ _ Page 5 of Reviewed for Administration: Date: (City Offi^al) ORONO OTTEN FDD AGREEMENT 1. Plat of East Willow Hoods 2. B-6 zoning standards 3. Plans: Commercial Site Plan (with internal signage) dated 4/5/90 Grading, Drainage & Soil Erosion Control Plan printed 4/6/90 Slope Analysis printed 4/6/90 Landscape Plans 6/23/89 Elevations of main building/accessory building plans 1/4/90 4. Road 2md Utilities Easement over Outlet C city of Orono Document Form Revised 10/87 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR East Wll.Tnw Woods (Name of Development) File No. 14328 CliffPrt Lt Qfcfefin (Name of Developer) THIS AGREEMENT, Made and entered into this day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City*), and Clifford L. Otten, his heirs, successors and assigns (hereinafter called "Developer*). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development rezoning application (PUD), subdivision and plat approval for East Willow Woods, and commercial site plan approval; and WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described on the terms and conditions hereinafter set forth. HOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description: Lots 1 and 2, Block 1, Lots 1 and 2, Block 2 and Outlets A, B, C, and D, all East Willow Woods, according to the plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota (sometimes herein referred to as the "Property*) 2. Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: Initials of Developer Initials of City Clerk _ _ Page 1 of 6 A. Storm water drainage and detention areas as shown on the drainage plans referenced at paragraph 3 below. B. Construction of the ingress west bound only access from Highway 12 to the property pursuant to the MnDot permit described at paragraph 3 below. C. Construction of the Willow Drive access as shown on the plans referenced at paragraph 3 below. D. Construction and installation of the landscape materials as shown on the plans referenced at paragraph 3 below. E. Paving including fire lanes, curbs, internal roadway lanes, parking and signage for ingress and egress points as shown on the plans referenced at paragraph 3 below. F. Fire hydrant with signage as shown on the plans referenced at paragraph 3 below. Construction Plans; The detailed plans and specifications for the complete installation of the Improvements have been submitted by the Developer for the approval of the City prior to the start of construction. All such plans and specifications shall conform to all current City standards for all applicable work. See Index of plans attached hereto. Construction of Improvements; A. Commencement Date - The construction of Improvements shall begin no later than April 30, 1990. B. Completion Date - The Improvements described at paragraphs 2(A), (B), (C), (D), (E), (F) and 3 shall be completed no later than June 30, 1991. C. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where re<^ired by City ordinance, the contractor shall first obtain a license from the City. D. Preconstruction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City official to review construction plans and schedules. Initials of Developer Initials of City Clerk _ _ _ Page 2 of 6 E. Permits - Prior to the start of any construction, the Developer's contractor, subcontractors and independent contractors shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete Insurance coverage including Workmen's Compensation, Liability and Property Damage. Vacation of Existing Easements. The City has vacated the drainage and utility easements within Outlot A and Lots 1 and 2, Block 3, Ringerswood and has extinguished the existing Flowage and Conservation Easement as provided in Hennepin County Document No. 1492901. Termination of Access. The Developer has terminaced the access from Lots 1 and 2, Block 2, East Willow Woods to Highway 12 as provided at Hennepin County Document No. 797201 such that such lots access public streets via the public streets in Ringerswood. Such termination of access does not impair the right of access to and from Highway 12 for the balance of the property in East Willow Woods. Performance Deposit; For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer has deposited with the City at the time of the execution of this agreement an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above. The amount of the letter of credit may not be reduced before substantial completion of the improvements. The developer may request partial reductions for completed work. The letter of credit shall expire no sooner than six months after the completion date specified in section 4 above. The amount of the letter of credit shall be 150% of the estimated cost of the improvements. Fees and Expenses; The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all Initials of Developer (2./-^ Initials of City Clerk _ _ _ Page 3 of 6 the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals. 9. Resolutions of City; Developer agrees to be bound by the provisions set forth in all resolutions of the City Council approving the Development. 10. Compliance; Upon completion of the work the Developer may request that the City provide the Developer a certificate certifying that the terms and provisions of this Agreement have been complied with and that this Developer's Agreement. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. 11. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the property. 12. Notices; Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Clifford L. Otten Clerk/Administrator P.O. Box 249 P.O. Box 66 Long Lake, MN 55356 crystal Bay, MN 55323 13. Incorporation bv Reference; All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this^ agreement by reference as fully as if set out herein in full. Initials of Developer C/^J Initials of City Clerk _ _ Page 4 of 6 Disclaimer bv Cltv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liedsle, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. Remedy for Default; Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy c-^rtificates or other authorizations issued by the City ■* i connection wit developme it. A. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4(B). B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. C. Default by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, together with other relief as the law may provide. with the property included in this Initials of Developer Initials of City Clerk _ _ _ Page 5 of 6 IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. In Presence of:CITY 0? ORONO By:. (Mayor) (City Clerk) J -7 Reviewed, for Administration: Date: DEVEI^ER And: (City Official) Initials of Developer Initials of City Clerk _ _ Page 6 of 6 ORONO OTTEN DEVEI/)PER'S AGREEMENT INOEX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Plat of East Willow Woods Plans: Commercial Site Plan (with internal signage) dated 4/5/90 Grading, Drainage 6 Soil Erosion Control Plan printed 4/6/90 Slope Analysis printed 4/6/90 Landscape Plans dated 6/23/89 Sign Plans dated 4/5/90 MnDot access permit #MG-A-89-56 Legal Description of Ringerswood drainage and utility easements to be vacated Sewer and Water Easement Petition for Sewer and Water Minnehaha Creek Watershed District Permit No. 89-182 dated 11/3/89 $234,900 Letter of Credit dated April _ _, 1990 Title opinions (3) w/easements Road and Utilities Easement re Outlet C Drainage Easement re plat of East Willow Woods CITY OF ORONO HENNEPIN COUNTY, MINNESOTA SENER AND HATER AGREEMENT Easfc Willow Woods (Name of Development) Clifford L. Otten (Name of Developer) THIS AGREEMENT, Made and entered into this day of April, 1990, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and Clifford L. Otten, his heirs, successors and assigns (hereinafter called 'Developer'). WITNESSETH: WHEREAS, the City wishes to install certain sewer and water improvements and needs land and easements for the purposes thereof; emd WHEREAS, the Developer has need of certain utility services and owns pertinent land. HOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows; 1. Interim Production Well: The City has constructed a certain 6' water well (an interim production well) on the Developer's land being Lot 1, Block 1, East Willow Woods, all as set forth on the Agreement attached hereto as Exhibit A. The City will be constructing a permanent municipal well in the future as set forth below. At the time the permanent municipal well is completed the City will convey its rights in the 6' interim production well on said Lot 1 to the Developer for the sum of $5,000, or the City will abandon the well and properly close the well as provided by law at the City's expense, at the Developer's election. 2. Sewer and Water Assessments: The Developer has already signed and delivered to the City an easement for sewer and water purposes over the Property (see Exhibit B). The Developer has also signed and delivered to the City his petition for the installation of such sewer and water utilities (see Exhibit C). The Grading, Drainage and Soil Initials of Developer Initials of City Clerk _ _ t Page 1 of 4 Erosion Control Plan shows the location of sewer and water easements and the utility lines themselves (see Exhibit D). The Developer's land includes I/sts 1 and 2, Block 1 and Outlets A, C and D, East Willow Woods, Hennepin County, Minnesota. There are three phases to the sewer and water plan. The plan is that in Phase I the sewer line will be extended from the area of Washington Scientific north under Highway 12, then eastward to service the Developer's and the Sugar Woods properties. Also as part of Phase I the water line will be extended in a similar fashion. At this time it is estimated that the cost per unit for the Phase I sewer and water improvements will be $1,810. Developer is being allocated 10 units now and 30 unites reserved for the future for Phase I. The sum of $18,100 for the 10 units will be paid upon the issuance of the PUD Agreement for East Willow Woods. Phase II of the sewer and water work involves drilling the test well on Outlot B followed by the drilling of the permanent well on Outlot B. Such work began in the fall of 1989, bLt will take up to one year to complete. The cost of the Phase II work is estimated at $3,240 per unit. JO units are being allocated to Developer .»ow and 30 units reserved for the future. The resulting sum of $32,400 for the 10 units would also be paid upon the issuance of the PUD Agreement. It is possible that Phase II costs might be reduced by $1,000 and that that $1,000 reduction would be added to the Phase I costs with no net change to Developer. In all events the total assessment for Phase I and Phase II improvements will not exceed $5,050 plus capitalized interest, if any, plus 10% based upon the final cost of the Improvements. Phase III of the sewer and water work involves a water tower to the west of the Property to serve this Property and other land. The agreement is that, having paid for the initial sewer and water for Phases I and II entirely without the financial help of other landowners who benefit. Developer has discharged his fair share of all sewer and water expenses and would therefore not have to participate in payment for the water tower work under Phase III, i.e., there will be no special assessment to Developer's land for the Phase III water tower. In addition to the 10 units granted and paid for per Phases I, II and III of the plan. Developer will also receive an allocation of a further 30 sewer and water units to this Property for future development, the cost of which units will be paid via special assessments payable over 10 years. The unit costs will be the same as for the Initials of Developer Initials of City Clerk _ _ Page 2 of 4 Phase I and II unit costs. The Developer is not obligated to utilize the 30 units reserved; the Developer may turn back all or part of the 30 units to the City at any time. While the Developer is not entitled to receive back from the City a refund for the monies paid on such special assessments for the 30 units, in consideration of the fact that the Developer may not need such 30 additional units, the City agrees that should other property owners wish to obtain units in the said assessment district the City shall allow the Developer to sell some or all of Developer's 30 units to such other property owners before the City will sell its units it has retained in its inventory. The Developer shall have this right from time to time unaffected by any initial or subsequent election not to sell. The City shall provide Developer due notice and adequate opportunity to sell his units as provided above. The City understands that the sewer and water utilities should be installed and in operation by the fall of 1990 in order that the Developer's building construction and occupancy can be completed on time. To the extent that the City is delayed in installing sewer and water it is hoped that the City would permit at least limited occupancy of the buildings on the site so that the Developer's business can appropriately and properly commence sales in the fall of 1990. Conveyance of Well Site; In consideration of the foregoing and in consideration of the further sum of $11,500, the Developer will deed to the City Outlot B, East Willow Woods for the test well and for the permanent municipal well site. Outlot B shall not be used as a water tower site. This restriction on the use of Outlot B shall survive the closing and conveyance of Outlot B to the City. The form of the deed is attached hereto as Exhibit E and will be delivered upon execution of this agreement and payment of the said sum. Binding Effect: The terms and provisions hereof shall be binding upon and enure to the benefit of the heirs,_ representatives, successors and assig is of the parties hereto. This agreement may be placed of record by either party. Initials of Developer/^g?^ Initials of City Clerk _ _ Page 3 of 4 IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. In Presence of:CITY OF ORONO (Mayor) “It rli Reviewed for Administration: Date:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (City Clerk) DEVELOPER/ELOPER / y Clif^d L. dtten (City Official) Initials of Developer Initials of City Clerk _ _ Page 4 of 4 city Font 1989.1 Veil aad Veter Mein Right of Entry Construction Eeseoent RIGHT OF ENTRY AGREEMENT TEMPORARY EASEMENT TO CONSTRUCT VEU. AND VATER MAIN IMPROVEMENTS ORONO VELL PROJECT The City of Orono (herelnefter *Clty‘) end the undersigned, (herelnefter 'Owners*), In conslderetlon of the suo of One Doller ($1.00) end other good end velueblc conslderetlon peld to Owners by the City, the receipt end suffi­ ciency of which Is hereby ecknowledged, egree es follows) 1. Right to Construe.* e Veil end Veter Mein. The Owners hereby grent to the City, Its successors end esslgns, the teoporery right end eeseoent over end ecross the reel property loceted In Hennepin County, Mlnnesote legelly de- ecrlbed In Exhibit A etteched hereto end loceted generelly on the nep etteched hereto es Exhibit B ('Property') to use end occupy the Property for the pur- poses herein steted. Including but not United to the ecconnodetlon of equlp- nent, tools, neterlels end exceveted eerth et ell tines prior to June IS, 1990. Seld construction etsenent Includes the free right of the City, Its contrectore, egents end eoployees to ecter over, under end upon the Property et ell tines prior to June IS, 1990 for the purpose of feclliteting the in­ stallation end constructlor. of the public well end weter neln Inprovenents on the lands abutting or adjacent to th.i Pioperty, and Includes the right with respect to the Property to excavate, f\ll end grade soli thereon, to renove trees, bushes, grass and other structures which Interfere with construction, and the right to operate nechlnery end equlpnent on and over the Property, to store nechlnery end equipment end materials end supplies thereon in connection with such construction of public improvements, end to do anything necessary or useful or convenient for the enjoyment if the easement herein granted. Fol­ lowing construction, the City will cauee to be removed all machinery, equip- ment, isaterlals end supplies end leave the premises In a neat end prsspnteble manner with all disturbed areas reseeded to grese. 2. Agreement Documents. This agreeaent consists of this agreement. Exhibits A end B. 3. Covenant of Ownership. The Owners covenant that they are the record fee owners of the Property and have legal title thereto and have lawful right an authority, without restriction, to convey and grant the right of entry and temporary easement herein granted. IN TESTIMONY VHEREOP, the partial have herewto aet thalr hand STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) OflWUtU) _ _ _ ^j^SSSmmSrnwSmm The foregoing Inat 1989 natrune^^waa^ ^pxo^e^l^iw^eji^ed before ae thla }( day of_ _ _ _ _ _ and _ _ _ _ _ . to Be knovn‘'to be the peraon(a) described In, and who exe­ cuted the foregoing Instruaent, and acknowledged that they executed the same as their free act and deed. /C - -• Nbtary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before Be thla___ _ _ _ _ _ _ _ _, 1989, by_ - - - -the _day of_ corporation. of the City of Orono, a Bunlcipal corporation, on behalf of the Notary Public This Instrument Drafted By: Popham, Balk, Schnobrlch, Kaufman Minneapolis, Minnesota SS402 HOAD AND OTIUTIBS EASEMENT H THIS IHDENTDHE April ruffnrA T.. Orrpn and made this _ _ _ _ _ day o£ 19 on . by and between Wakefield Otten. husband and wife hereinafter referred to as 'Grantor(s)*, and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as 'Grantee*. HITMESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and for other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, Its successors and assigns, an easement for for public Ingress, egress, access, road and utilities purposes and uses, on, across and under the land In the County of Hennepin and State of Minnesota, as follows: See Exhibit A attached Including, but not by way of limitation, a full and free right and authority to enter upon said land to construct. Install, maintain, operate, and repair a sanitary sewer Interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances Including drainage control structures, incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to ma)ce such use of said land as is reasonably necessary and advisable to the construction installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: IN WITNESS WHEREOF, said Grantor (s) have set their hand (s) on the day and year first above writtc' ' ^ . ClifL. Otten //Ji Lou i seWake f iel^t ten tr STATE OP MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) On this AV'^day of before ne personally Wakefield Otten.husband & 19 90 sonally appeared Clifford t. Otten and Louise- _________wife to me known to be the person(s) describedTn and who signed the foregoing instrument! and ac)cnowledged that they executed same as their free act and deed. '~^rrJL NOTARY PUBLIC STATE DEED TAX DUE HEREON: This Instrument was drafted by: POPHAM, HAIR, SCHNOBRICH, KAUFMAN t DOTY 4344 IDS Center Minneapolis! MN 55402 (612) 335-9331 \ SANDRA K. RODENZ \ notary PUBUC - MtNNESOTA HENNEPIN COUNTY \ My CommiMion Expiras Stpl. 25. 1M1 EXHIBIT A Outlet C, East Willow Woods, subject to the restriction that no road shall be constructed thereon until: 1. such time as the Grantor, his heirs, successors or assigns, requests sane, or 2. until such tine as an east-west frontage road is constructed from Willow Drive through East Willow Woods and Sugar Woods to Brown Road with cne southerly extension from Sugar Woods to Highway 12 and another southerly extension to Highway 12 to line up with Brlnhall Lane, or 3. upon the rezoning of Lots 1 and 2, Block 2, Willow Woods to a commercial zoning district, or East 4. upon the development of Lot 2, Block 1, East Willow Woods separate from the ownership and uses of Lot 1, Block 1, East Willow Woods wherein access to Lot 2 shall be via Outlot C unless the City in its sole discretion determines that alternative access is adequate for said Lot 2. At such time as a road is constructed on Outlot C, Outlot C may also be used for trail purposes. If and to the extent that all or any part of Outlot C is vacated, such vacated portion shall inure to the benefit of the adjacent portions of Lots 1 and 2, Block 1, East Willow Woods, and not to the lands lying northerly of Outlot C. April 23, 1990 Orono City Council Attn: Jeanne Habusth Crystal Bay, MB 55323 Re: Plat on East Willow Woods Dear Council Meabers, My wife and I have a Contract for Deed on the property located at 710 Dickey Lake Drive (Lot 1, Block 3 Rlngerswood). The fee owners of the property are Walter and Joan Gates. rearrange the lot I would receive of my property In I aade an agreement with Hr. Cliff Otten to line between ay lot and his commercial lot. equal or greater amount of land to the west exchange for land to the south. The present proposal Is not acceptable to me for the following reasons: 1. I will not allow any screening to be placed on ay property. The screening Is for myself and the residential area but should not be ay responsibility to provide for. 2. I will not allow any berm to be placed on my property. The berm is for myself and the residential area but should not be ay responsibility to provide for. 3. The berms required height should be measured from the elevation of the road surface of Dickey Lake Drive. 4. T have not received verification that the proposed lot size Is of equal or greater amount. These are ay views and not necessarily representative of the views of the other parties Involved. Sincerely, Joel Walvatne CC: Cliff Otten Bob Mitchell From: Date: Mayor Grabek & Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator April 19, 1990 COilNCiL MEETINQ APR 23 1990 A. Subject: #1428 Otten Brothers Nursery - Approval of Fin^^ ORONO Signage Plans Pertinent Ordinance - Section 10.61, Subdivision 3 (D) - Nor shall any sign be located closer than 10' from any lot line except any sign over 10 square feet may project 2' into any required yard area from the principal building. Pylon Sign Highway 12: Required = 30' (al.'owed 2' encroachment = 28') Proposed = 28' (28- from adjusted right-of-way line for Highway 12 - Outlot D on your plat) B. Pylon Sign Adjacent to Willow Drive: Required = 30' fallowed 2' encroachment = 28') Proposed = 10' List of Exhibits Exhibit A - Elevations Exhibit B - Revised Site Plan At your February 12, 1990 meeting. Council's review of the signage plans for the Otten Brothers PUD project was tabled pending resolve of setbacks for pylon signs adjacent to Highway 12 and Willow Drive. Applicant has relocated the pylon sign along Highway 12 but asks the City to reconsider the 10' setback for the pylon at Willow Drive. Staff has advised the applicant that if the 10' setback is agreed to, that the PUD agreement must contain language that would require the removal of the pylon sign if the future upgrading of Willow Drive finds the sign to be either a hazard or prevent normal road maintenance. has agreed to that condition and it is included in the PUD agreement. Staff Recommendation - Staff recommends approval of the Otten Brothers' final comprehensive signage plans for the landscape business within Lot 1, Block 1, East Willow Woods. Proposed Motion: Moved by seconded by to approve the final signage plans for Otten Brothers Nursery, subject to the condition that the pylon sign at Willow Drive be relocated if at some future date the sign is found to be a hazard or prevents normal road maintenance. Ayes ___, nays ___. COUNCIL MEETWS APR 231990 CITYOFORONO lO* Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building S Zoning Administrator Date: April 18, 1990 Subject: #1494 Francis S. Lightly, 3585 Frederick Street - Variances - Resolution The applicant's variance application is presented for final action seeking a total 19' encroachment of an average setback line for a grade level pool and patio area, and hardcover variances for new structural and non-structural improvements within the 75-250' setback area where already excessive amounts exist. The enclosed resolution has been drafted for Council's review and action. 9 'n- A FIBSOLDTION GRANTIliG VARIAHCBS TO MONICIPAl. ZONING CODE SECTION 10.22, SUBDIVISION 1 SECTION 10.22, SUBDIVISION PILE #1494 (A) AND 2 NHEREAS, Francis S. Lightly (hereinafter "the applicant") is the owner of the property located at 3585 Frederic)c Street within the City of Orono (hereinafter • ty") and legally described as Lot 5, Bloclc 1, Tillson's Villa Carman, according to the recorded plat thereof,. 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 permit the installation of a pool and patio within the la)ceshore yard that extends 19' in front of the average setbac)c line and a variance to Section 10.22, Subdivision 2 to permit the installation of both an addition to the la)ceside of the house and the aforementioned pool and patio area, resulting in a total of 42.5% of hardcover within the 75-25C setbac)c area where originally 47% had existed and where only 25% is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #1494. 2. The property is located in the LR-IC Single Family La)ceshore Residential Zoning District requiring 1/2 acre or 21,780 square feet. The subject property consists of 21,160 square feet or .49 acres. 3. The Orono Council reviewed this application on April 9, 1990 and com ^ptually recommended approval of the proposed variances as amended based upcn the following findings: A) An existing patio area extends 10' beyond the average la)ceshore setbac)c line. The proposed pool and patio will extend 19' in front of the average la)ceshore setbaclc line. B) Final hardcover total within the 75-250' setbac)c area will be 42.5% where 47% hardcover had existed prior to the proposed improvements. Page 1 of 5 C) The property is a narrow, triangular shaped lot preventing expansion to the sides of the existing structure. D) The application as amended will provide no visual impact on the view windows of the adjacent properties, as the only encroachment of the average setback line is a grade-level pool and patio area requiring no fencing. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 to permit the Installation of a grade-level pool and patio and a lakeside addition to the existing residence requiring approval of excessive hardcover within the 75-250' setback area, proposed at 42.5%, and an average lakeshore setback variance of 19 for the grade-level pool and patio area, subject to the following conditions : 1. Approval of this variance application is based on hardcover within the 75-250' setback area being maintained at 42.5%. All improvements to remain on the property are reflected on the survey/site plan attached to this resolution as Page 5. All existing hardcover improvements scheduled for removal shall be completed at the time of the footing inspection by the Orono Building Inspector. Page 2 of 5 2. Applicant is placed on notice that property is already at 15% structural coverage for a lot of this size, and if future proposed improvements involve adjustments to the lot coverage calculations, that such new improvements would have to be matched by equal removals of existing improvements. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 23, 1991). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting heir ■ the 23rd day of April, 1990. ATTEST: Dorothy M. Hallin, City Cler)c James R. GrabeJc, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) The foregoing instrument was ac)cnowledged before me on this 23rd day of April, 1990, by Jam’s R. Grabe)c & Dorothy M. Hallin, Mayor & City Cler)c of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behaxf of the City. Notary Public Page 3 of 5 STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared _ _ _^r-r— known to me to be the per son (s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of ____________________, 199 ___, before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing Instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTAP.V PUBLIC MY COMMISSION EXPIRES Page 4 of 5 Mayor GrabeJc S Orono Council Members City Administrator Bernhardson 41890.1 From: Michael P. Gaffron, Asst Planning & Zoning Date: April 18, 1990 APR 23 1990Subject: Interpretation - Hardcover Status of Eaves/Overhangs List of Exhibits CITY OF ORONO Exhibit A - Staff Sketch - Various Overhang/Height Ratios Exhibit B - Current Cases Exhibit C - Code Definition of Hardcover Exhibit D - DNR Proposed Regulations - No Definitions Given Exhibit E - Orono Hardcover Regulation Flyer Discussion - Staff is requesting a Council interpretation of the hardcover status of eaves. This issue was broached by a proposal for a new house that Included 3 1/2' overhangs around the entire house, such overhangs ranging from 8' to 20' above grade level. In reviewing this application, staff made the interpretation that these overhangs are so extensive as to be considered hardcover. The applicants question that interpretation, and in reviewing that interpretation, staff feels Council direction on the matter is needed. In the past, staff has considered any overhangs in the range of 1.5'-2' wide will not be considered as hardcover, and generally such overhangs have been ignored when doing hardcover calculations. Also, staff has generally taken into account the height above grade, on the basis that overhangs above a second story probably have little effect in blocking rainfall from reaching the ground under them. The first case indicated is a proposal for 3.5' overhangs, being approximately 8-10' above grade. The first question is whether or not rainfall will be effectively shadowed by this extent of overhang at this height. Certainly, rain does not always fall straight down, and wind patterns can blow it towards or away from the house. The attached sketch indicates various roof extensions, with a ratio of "overhang width versus height above grade". If '■he overhang is 10' above ground, typical of a l-story house, you will probably unanimously agree that a 1' overhang (1:10 ratio) will not act as hardcover, and a 10' overhang (10:10 ratio) will be mostly hardcover. Given no precedent action on this issue by Council, staff recommends that Council adopt a standard ratio for the threshold at which the overhang becomes hardcover, presuming a permeable ground surface below it. Interpretation - Hardcover Status of Eaves/Overhangs April 18, 1990 Page 2 of 2 The second case is a proposed second story addition suSibported by posts, extending approximately 5' over from the existing house and about 8' above grade. If this area underneath the addition is kept in grass or non-hard surface area, would this be considered hardcover? What part of it should be considered hardcover, and what part shouldn't? How does this differ from a deck, which we currently consider as being 100% hardcover. Options - 1. Direct that all unsupported overhangs more than 8' above grade will be considered as non-hardcover, as long as the ground below is not hard surface. This will eliminate most interpretation questions. 2. Adopt a 4:10 overhang width vs. height rule, so that if the height above grade is at least 2.5 times the width of the overhang, then the overhang isn't hardcover. 3. Adopt some other ratio. 4. Direct that all overhangs regardless of extent and regardless of height above grade will be considered as hardcover with no exceptions. 5. Table for further discussions. 6. Other. Staff RecosoMndation - Frankly, calculations would be much easier if all unsupported overhangs are considered as not hardcover. Failing that interpretation, staff would recommend an overhang-to-height ratio of 4:10 be adopted, which would allow up to a 4' overhang at a height of 10' above grade to not be considered as hardcover. In either case, we will have further questions regarding the status of open decks that are substantially above ground. Regarding supported overhangs/decks/2nd stories, staff would interpret that any portion between the support posts and the building is hardcover, and anything outside the support posts is overhang subject to the ratio. I lii;m isiii-i.Il'|hI'^ lii=^ ^ \ \ M \ i' i ' pilfti ' i"'" liif • r-'i if' I I ili. ^ ^ ' .:^5 - •El# . -.m!- ' i3sii|||i ■ '“Si l-EsiEijatiSi. tlli,'Esi '■'“BWf ; - ;u#j— liO: .liil■^’ iiiHffe m r ::.i r -“lip-ifSf'ilh ' r?if :- -i10: MI-IF llli U m--'v '/ ...... Ssf liii ’ aliifiilrm K1 ill?' IS S 10.02 23. "Family Dwelling-Multiple" - Any structure made up of two or more attached dwellings. 24. "Garage-Private" - A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rated capacity of not more than one and one-half tons. 25. "Farm (Crop)" - A parcel of land comprising an area of ten or more acres that are in agricultural use. 26. "Farm (Stock)" - A parcel of land comprising an area of ten acres or mote that is used to house and feed six or more animals or for the raising of food. 27. "Ground Level" - The average elevation of the finished ground surface measured within five feet of the foundation of a building, except ground level related to height of building shall be measured at center of building facing the front or the lot. 28. "Guest House" - An accessory separate dwelling constructed ’on an existing undivided lot for the sole use of the occupants, including their domestic employees or their non-paying guests, of the primary dwelling. All regular lot requirements shall be met by the guest house. Source: Municipal Code Effective Date: 9-14-67 29. "Hard Cover" - Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Source: Ordinance No. 172 Effective Date: 1-1-75 30. "Home Occupation" - Any gainful occupation meeting all of the following requirements when engaged in only P®”ons residing in their dwelling, when that 3%^ ° occuol- within the principal structure only, whention is not visible from the street. No signs other than those permitted in "R" Districts are present, no excessive is stored on the premises, over the counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use residence f« consultation, emergency treatment or au” but not for the general practice his profession when sue general practice will involve the need for more than three of street parking spaces for the occupant and visitors. ORONO CC (4-1-84) rthe'shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. Subp. 11. Stormwater management. Local governments must. Vrensider proper stormwater management in all reviews, approvals, and permit issuances under shoreland management controls adopted under parts 6120.2500 to 6120.3900. The following general and specific standards must be incorporated into local government shoreland management controls and their administration. A. The following are general standards: (1) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. t B. The following are specific standards: (1) Impervious surface coverage of lots must not exceed 25 percent of the lot area. (2) When constructed facilities are used for stormwater management, they must be designed and installed consistent with the field office technical guide of the local soil and water conservation districts. (3) New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Subp. 12. Mining of metallic minerals and peat, as defined by Minnesota Statutes, sections 93.44 to 93.51. Mining of mLallic minerals and peat shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.51, are CITY ;; OF QFraNC^ &vt.e 1. 2. 3. 4. 5. CITYof ORONO Post OOice Box 66 •Crystal Bay, Minnesou 55323• Municipal OCBcaa On the North Shore of Lake Minnetonka IMSTRDCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET Circle which setbacJc zone (0-75', 75-250*, etc.) the calculation is for. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). Add up all the square footages to get total square footage of hardcover. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone- Tf chances in hardcover are proposed, you should do a "before" wor'csheet and an "after" worksheet. If either results in percentages greaterthlH^those allowed, contact City staff before proceeding with your project planning! naBnrnvER ORDINANCE - In 1975, the Orono City Council adopted an ^nancfli^ting^e percentage of lot impervious surfaces ("hardcover") such as roofs, ^a^^^ water in the lake. The intent of Orono's ordinance is to ensure that rtlnfall ruVoff will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75*0% 75-250*25» 250-500*30% 500-1000 *35% Hardcover isclndes: - Roofs - sidewalks into the ground BUILDING a ZONING - 473-7357 assessing administration a itnance - 473-73S8 17 P08UC WORKS - 473-7359 © g/»VG . "ZO MUUI* j^llC " Es:::® l£iQ,..,.(E) btM. ImM ..I. ■ 8,2.S0 ... C] auficnu CAiautiaa UIMCB iMl ICIKU Ml C*m«in lUMemj^ii Zm " JL- ^^jcL. _^_ ■ -IQP..... O •»,0'-47 ■ ISO .. (f) ■io_. r^tOQ.,.,.© _lsiL-:25^....<s 3iL._91^....® ■ ao ..,.<£> \5tiu6UiAY. Iotm. F—Ml? Mu a-liSl^IljAiee 3 /^7~.. Gj • LV2go». Qj 41890.3 COUHCiL MEETING APR 23 1990 CITY OF ORONO TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATE: April 18, 1990 SOBJBCT: Earth Day Resolution Attachment: A. Draft Resolution Declaring Earth Day in the City of Orono B. FWBI Newsletter C. congressional "Earth Day" Meeting Handout INTRODUCTION - It was suggested by Counc imember Goetten that the City could declare in Orono specifically Earth Day during the week of April 22 as Earth Day Week in observation of the 20th anniversary of Earth Day. DISCUSSION - The very premise of Orono's planning has been protection of the environment. As the City becomes mor - .nd more aware of the concerns development has on the envi iicnt we become more sophisticated in dealing with it. Additi .illy the City has tried to merge the issues of protecting tho natural environment with means for people to develop their property. This is an ongoing effort and with the ultimate goal being environmental protection. ALTERNATIVES 1. Adopt proposed resolution. 2. Amend and adopt. 3. Take no action. RECOMMENDATION - It is recommended after further consideration^of “tHe proposed resolution that Council adopt the resolution declaring Earth Day Week. PROPOSED MOTION - Moved by _, seconded by _, Council adopt Resolution #_ establishing Earth Day Week in the City of Orono. Ayes _, Nays _. . '«(: RESOLUTIOH DECLARING EARTH DAY HEEK APRIL 22, 1990 IN THE CITY OF ORONO WHEREAS, the week of April 22, 1990 marks the 20th anniversary of the first Earth Day; and WHEREAS, Earth Day was established to bring recognition of the needs of the environment and that the unfeddered consideration of development had previously had its negative impacts on the environment; and WHEREAS, human development globally has reached the point where that development has had significant impacts on certain parts of the environment; and WHEREAS, the City of Orono has been a leader in protecting the natural environment, wetlands and other water resources during the last 20 years making development a positive and not negative force in the envirionment; and WHEREAS, a week such as Earth Day Week is an opportunity to make people more cognizant of protecting the environment. NOW, THEREFORE BE IT RESOLVED, that the City of Orono declares the week of April 22nd to be Earth Day Week in the City of Orono; and FORTHER BE IT RESOLVED, that the City encourages people not only be cogniznat of it, but in recognition plant a tree in their yard in conjunction with Earth Day and Arbor Day. Adopted by the City Council of the C ty of Orono, Minnesota at a regular meeting held April 23, 1990. James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Volume 19, No. 7 April 1990 T he year 1970 was a pivotal year in many respects. The turn of the decace was a turning point lor the Vietnam War. it ushered in the 18-year old vote, the first women were named generals and environmental issues came to the forefront. Earth Day began on April 22, 1970. The day marked the largest organized demonstration in history. More tiian 20 million people par ­ ticipated in Earth Day activities across the nation. Adults and children participated in marches, rallies and workshops. Even Con­ gress adjourned so its members could take part in the event. In Washington DC, 100,000 people at ­ tended an ecofair held at Union Station. Earth Day made a difference. According to a Nixon White House poll conducted by the Opinion Research Corporation, only 1 per ­ cent of the public in 1969 believed that protecting the environment was a primary national issue. One year after the first Earth Day, concern lor the environment had become a factor of major importance for 25 percent of the population. Earth Day can be credited for the establishment of the Environmental Protection Agency, the passing of the Clean Air and the Clean Water acts, and halting the development of the Supersonic Transport (SST). Two decades have now passed. And. once again, environmental issues are topics demanding atten ­ tion. According to a recent national survey conducted by Newsweek, the two factors rated "indispensable'' to a good quality of life were happy family life and a clean environment. However, today's environmental issues are larger in scope—today we are faced with holes in the ozone layer, acid rain, global climatic changes, agricultural runoff and toxic chemicals in our groundwater, and deforestation of tropical rain forests. -arth Day 1990 Our concern stretches from fear of the neighboring landfill leachate leaking into our water supply to reservations about the garbage barges and super tankers that pollute the oceans. Our "environmental backyard" has grown to encompass international pollution problems. This year more than 130 nations are participating in the 20th anniver ­ sary of Earth Day. It is only fitting, then, that Earth Day 1990 take on the theme "Think Globally ... Act Locally." That theme has been adopted by the Environmental Pro­ tection Agency and the EPA urges not only governments but also cor­ porations to make a commitment to 'ifestyle change to prevent pollution. According to "The Conference Board Research Bulletin" (Number 243): "The EPA is also using Earth Day 1990 to launch its new Pollution Prevention Office, an effort aimed at pinpointing ways to prevent pollution before it occurs—e.g., the more ef ­ fective screening of new materials and technologies to assess their like ­ ly impact on the environment." Continued on page 2 EARTH DAY PLEDGE / pledge ellegiance to our Earth (the planet on which we live). M to fresh air. pure water, heaithy dirt, life-giving piants and all the animals! One Earth-four oceans —seven continents-thousands of lakes and rivers! And. I accept my duty to be an honorable citizen of the Earth, with respect and consciousness toward ' .rt o,' i^jnc j Hjjir -l' U --t’Jrt' .5 PaCrC tsCroC'S mm iiatiii Earth Day. continued Earth Day Minncsota-Style Locally, Minnesota Earth Day organizers plan to capitalize on the state's water resources. A parade from the St. Paul Cathedral through downtown St. Paul and ending with a .-ally at the State Capitol will be a ma ­ jor Minnesota focal point. Officials hope to gather 10.000 jugs of water tc symbolize each body of water for wnich the state is noted. The jugs will line the capitol steps and serve as a backdrop for speeches and entertainment that is planned for the rally, which begins at 3 p.m. In addi­ tion various organizations will have booths set up on the capitol grounds with information on how to save the environment. Freshwater’s Earth Day Weekend The Freshwater Foundation has designed an Earth Day weekend full of fun activities to encourage in­ dividuals and families to make Earth Day every day. Activities begin on Saturday, April 21 with an Earth Keeper’s Workshop. This event, scheduled from 10 a.m. to 4 p.m., will be held at Hopkins West Junior High School and is open to educators, children and their families. The event is designed to demonstrate ways in which we can better care for our planet through a series of day-long interactive ex­ periments. simulation games and other hands-on activities. Included are sessions on recycling, water and the food chain, how we can keep tox­ ins out of the waste stream, the Earth Pledge and 10 simple steps we can all take to save the earth. Visitors are invited to come and go as they wish. This event is free. On Sunday, the Foundation has scheduled an open house from 10 a.m, to 5 p.m. At the open house visitors can try their hand at a com­ puter water quiz, make a water art project to take home, learn about ham radio operations and make con­ nections with other Earth Day celebrators around the world, find out what sports are "environmentally friendly" and learn about the latest product developments for these sports. Along with these activities. Education Director Jim Gilbert has developed a "Signs of Spring" booklet that details what to expect from nature in the coming days. This 10 Steps to Save the Earth ■''hese are just a few helpful hints to make you a better Earth Keeper. Try some of these suggestions and you W’i see you can make a dif­ ference. 1. Buy recycled, recyclable, reliable, repairable, refillable or reusable products: avoid disposables such as plastic plates, cups and utensils. (U.S. citizens use 2.5 million plastic bottles EVERY HOUR: only 5 percent of which are recycled.) 2. Separate your recyclable gar ­ bage (paper, glass, aluminum and compost waste if you have a garden): only send to the land­ fill what you can't reuse. 3. Use public transportation, car- pool, bike or walk. Drive a fuel- efficient car. 4. Eat lower on the food chain- vegetables. fruits and grains. Decrease consumption of meat and animal products. 5. During the winter, wear a sweater rather than turning up the heat: in the summer, if you have home air conditioning, turn the thermostat up a few degrees. Close off and do not heat or cool unused rooms. 6. Hang your clothes in the sun to dry. 7. Install faucet "low-flow" aerators and water-efficient shower heads. These use two to five times less water with no noticeable decrease in perfor­ mance. Do not let water run while showering, shaving, brushing teeth or hand-washing clothes or your car. 8. Don’t throw any kind of battery into the trash: save them until recycling is possible. You may have to hold on to them for a couple of years until technology catches up to our recycling needs. Recycling programs for button batteries are now under­ way in many communities. 9. Educate yourself and others on environment issues. Join credi­ ble conservation organizations. 10. Plant at least one tree per year and nurture it until it is able to survive on its own. guide and literature on what we can do to help the environment are free. Also at the open house will be a display of Earth Day posters. Jim Gilbert has been working with area schools to participate in a poster/slogan campaign for school- aged youths, teachers and adults. "Making an environmental poster with or without a slogan will gel a person thinking about some en­ vironmental problems and possible solutions," Gilbert says. Several posters from each age or • nry will be mounted on the "ws': distinc­ tion." Sunday evening, the Foundation will host a fund-raising "Happy Earth Day Party" at Rupert's Night Club, -ated on Highway 12. (See article o. 'ront page for details). Rupert’s ana it's orchestra, led by Dick Whitbeck. are donating their time for this event, which is open to the public. Ticket prices are $25 for in­ dividuals or $40 per couple, with tickets available through the Founda­ tion and at the event. If you cannot get involved in Earth Day celebrations either at the Freshwater Foundation or elsewhere, this issue of Facets is packed with helpful environmental hints. Use them as a guide and create an Earth Day celebration oi your own. lessen Goes to Washington Freshwater Foundation CEO Mar ­ ty Jessen spent two days in Washington DC last month briefing U.S. Senate and House staff members on the impact of agricultural chemicals on ground- water. The Congressional Research Service, the research arm of Con­ gress, invited Jessen and Research Director George Orning to share the information as it relates to the up­ coming Farm Bill, In his presentation Jessen stress­ ed that wiser use of chemicals will mean less chemicals applied to farmland. And, research should look at alternative methods to control weeds and pests. The Freshwa'er Foundation was asked for input because of its com­ mitment to help policy makers develop environmentally sound and realistic water policy alternatives. Membership Survey Results Last summer, the Freshwater Foundation conducted a comprehen ­ sive survey of its memberships, with the help of a volunteer Charlie Smith, a market researcher at Tennant Com­ pany. Of the 1,142 surveys mailed out, responses were received from 649 people (a response rate of 56 percent). These responses were analyzed and are described below. This year has proven to be an ideal time to gather this information. A board com­ mittee Is working on an extensive long-range plan lor the organization. In addition, board and staff members are examining ways to expand Freshwater ’s membership and to reach new audiences. The information contained in the survey has proved to be extremely helpful for both these activities. Who are Freshwater’s Members? • More than 90 percent of members are at least 35 years cld. • Nearly 70 percent have household incomes of $50,000 or more. • More than half of our members live on property not directly adjoining water. • Two-thirds of respondents describe themselves as "interested citizens"(as opposed to teachers, government officials or researchers). • Nearly half of the respondents have been P’embers of the Freshwater Foundation for onp to five years. Services In this category, members felt that the most important services the Foun­ dation offered were its publications — The Journal of Freshwater. U.S. Water News, and our newsletter. Facets of Freshwater. Members felt that the Foundation should be providing a monthly newsletter (as opposed to the old quarterly format), an annual report and, rated most important, special in- depth reports. All three of these recommendations have been or will be implemented in the near future. Programs Members indicated the following Foundation programs as most impor ­ tant: research at the Gray Freshwater Institute; production of public informa­ tion brochures: conferences and workshops; and the Health & Environ­ ment Digest. However, members felt that Freshwater should be supporting research at the Institute; information and consultation to agencies and schools, and advocating lor water issues. Issues The following five issues drew the strongest response from members as to where the Foundation should be fiA 1 focusing its resources: Drinking water Applied water research Surface water management Groundwater management Public education Partly as a result of this survey and of our long-range planning, the board has recently approved the implementa­ tion of major surface water management and education initiatives. Overall. 60 percent of current membership indicated a general satisfaction with the mission and ac­ tivities of the Fbuhdation. Over hall cited support for the mission as the most im­ portant reason for being a member. Copies of the survey report are available at the Foundation offices, or by calling Michelle at (612) 471-8407. Many thanks to all who participated. sci^/iftro^ftour AdMm^cop%‘Ze available at the Founbaaon lor $50.00. ■ Upcoming Programs and Events Last Call for Alaska Trip Reservations You only have until April 15 to make your reservations and downpayment lor the Freshwater trip to Sitka, Alaska, scheduled for July 7 to 15. Because of special ar­ rangements with Sheldon Jackson College, the excursion will cost $1550 per person —and that includes room and meals, plus numerous side trips and air travel. Call Laura Ayers Dorn at (612) 471-8407 for more information. Hunting for Birds in the ^boretum On Saturday. May 5 and 12, Jim Gilbert will lead hikes in the Minnesota Landscape Ar­ boretum to view birds and their nesting areas. The hikes are scheduled from 8 a.m. to 9:30 a.m. both days, with an added hike on the 121h that begins at 9:30 a.m. An $8 per person fee will be charged, with Arboretum members receiving a $3 dis­ count, For more information or reservations, call the Arboretum at 443-2460. Grandma’s Advice is Best^^^ ^^^ather than turning to chemicals to clean or fix items around the house, remember what they used in the "good old days —and get^ back to the basics! The following product and safe alternative chart was supplied by Earth Day 1990. Aerosol sprays Air fresheners Chlorine bleach Drain opener Floor cleaner Furniture polish Laundry cleaners Metal polishes Safe AUemative _____________________ Use lotions, gels or non-aerosol sprays. Keep house plants to purify the air. Place baking soda in your refrigerator and in gar­ bage areas. Keep your house well ven­ tilated. Use rechargeable batteries and recycle button batteries. Use dry bleach or borax. To prevent clogging, pour boiling water down drams twice a week and always use a drain strainer. Avoid using drains for disposing of grease. Use a plumbing snake or plunger to unclog drains. Mop floor with a solution of 1 part vinegar to 32 parts water. Use club soda to polish. Use a solution of 1 tsp. lemon oil and 1 pint mineral oil. Toothpaste gets rid of water stains and salt helps with grease spots. Crushed raw nuts provide an oily polish. Introduce predator insects such as lady bugs and praying mantises to your garden. Make ycur yard attractive to birds, amphi­ bians. reptiles and bats to help control in­ sects. Apply soapy water to leaves and then rinse well. Use non-phosphate detergents and. if necessary, boost with washing soda. Boil flatwear in a solution of baking soda and salt water. Product__________________________Safe \Uemati\^__ Moth balls Spread out newspapers in closets and place cedar chips around clothes. Oven cleaner Wash after each use with a mixture of bak­ ing soda and warm water. To soften burned spills, leave a small dish of ammonia in the oven overnight and scrub again the next day. Paint Use latex and water-based painte. Paint remover Peel off paint with a heat gun or scrape and sand. Pet products Use products containing de-limonine gas derived from citrus extracts. Insecticidal soaps are biodegradable and non-toxic. Rug cleaner Sprinkle on dry cornstarch and then \j!cuum. For r^ wine spills apply salt im­ mediately. Sh j polish Use polishes that do not contain tri­ chloroethylene. methylene chloride or nitrobenzene. Wear suede or canvas. Silver cleaner Soak in warm water with 1 tsp. baking soda. 1 tsp. salt and £ mall piece of aluminum foil. Toilet cleaner Use a solution of water and baking soda Remove stubborn rings and lime build-up with white vinegar or pumice stone. Window cleaner Mix 2 tsp. vinegar with 1 qt. water and apply with newspaper. Freshwater Foundation P. O. Box 90. Navarre, MN 55392 (612) 471-8407 Nonprofit Organization U.S. Postage PAID Minneapolis. MN Permit No. 82 Printed on recycled paper EARTH PLEDGE iisi I pledfie allegiance to our Earth (the plaiet on which we live) And to fresh air, pure water, healthy dirt, life giving plants and all the animalsl One Earth - four oceans - seven continents - thousands of lakes and riversi And 1 accept my duty to be an honorable citizen of this Earth, with respect and consciousness towards all. Copyright heldhy: Pgtricto Hauser (April, 1988) 3nJ Oradeleocher rtlnneepolls. Public Schools •This Pledge, written to the rhythm of the Pledge of Alleolence . was originally composed to develop and enhance planetary consciousness in the heerts and minds of the wonderful second and third gradars in my class. At our daily -florning Meeting", the Class •Prasldsnf of the week reeds the Earth Pledge with each line being repeeled by the entire class Following the Pledge, the 'Preslidenf chooses one student to point out and name the four ocaens on our Wall World Map, and a second student to point out end name the seven oontinents. Eech named ocean x continent Is repeated by the entire class Whenever global events xe brought up In class, someone voluntoxs to locale the continent and country In which Iheevoni Isoocuring This begins the expansion process and realization that we, wMothxExlh, ore ail In this logethx and what eech one of us does makes a dif fxence." Patricia Hausx TEN STEPS TO HELP SAVE THE EARTH These xe just a few helpful hints to make you a bettx Exih Keepx. Try some of these suggestions and you'll see you can make a diffarencal Onca you have the confidence that indtviikially you xehalpingoul, you will wml to expend your hxizonsend look fx mxe solutions to the xees of soil and watx consxvatlon, recycling and waste reductix, enxgy use, toxins and pollutants, presxvatix of life and envirxment, activism and eXxatlx. and eating hrbtts. Raaiaaibar — Thara Is ona Earth and II Is haaia la us alll 1. Buy recycled, recyclable, 'ellable, repairable, reflllable or reusable products: avoid disposables such as platic plates, cups and utensils. (U.S, citizens use 2.5 million plastic bottles EVERY HOUR; only 5 percent of which are recycled.) 2. Separate your recyclable garbage (paper, glass, aluminum, and organic waste if you have a garden); only send to the landfill what you can t reuse 3. Use public transportation, carpool, bike or walk Drive a fuel efficient car. A. Eat lower on the food chain - vegetables, fruits and grains. Decrease consumption of meat and animal products. 5 During the winter, wear a sweater rather than turn up the thermostat. In summer, if you have home air conditioning, turn the thermostat up a few degrees. Close off and do not heat or cool unused rooms. 6. Hang your clothes In the sun to dry 7. install sink faucet aerators and water-efficient shower heads. T^hese J to 5 times less water with no noticeable decrease In performance. Do not let water run while showering, shaving, brushing teeth or hand-washing clothes or car. 8 Don't throw any kind of battery Into the trash; save them until recycling is possible. You may have to hold onto them for a co«)le of years until technology catches up to 9 Educate youree*f and others on environmental Issues. Join credible conservation ID lakTpleas^l in the beauty and wonder of the Earth, and take time to learn about and enloy nature. (We need to do something every day to remind ourselves ^ our fundamental connections to all other life forms It could be as simple as taking a walk and noting the actions of birds and the shapes and colors of plant life Whenever possible, go outside ) fre.iliiivter Fmimlaliim fh Desi centers EARTH DAY 1990 ... IDEAS FOR STUDENTS AND TEACHERS iini class Hass, banners, posters, slogans, pinsor l-smns to remind the sctiool our Earth isa fragile place *orlh protecting Displer Iheni around school (or a week . then here parents take them to work. community alters, or local businesses (or a week. 2. Creels a classroom or school bulletin board on weys students can posit Ively affect the environment or about threats to rivers, lakes, wetlands, grountfwelor.air. or soil. 3. Write now lyrics lo familiar tunes or write rep songs telling ways lo act responsibly lor the environment. a Collect wosle from your clessrcpm fx one week end then oxammelhecontenlslodetormlno what can bo REDUCED. REUSED xRECtaEO 5 M*e e mobll from classroom refuse Instead of throwing It eway to demonstrate the principles behind REDUCE. REUSE. RECYCIE. 6 MUce a mobll of the gifts students have received from a clean environmenl. 7. Write a lettx concerning polWlon. habltsl loss, etc . from another creatures point of view. (Exemple Trumpeter swons sometimes ingest load from old shotgun pel lets Whei would a poisoned swan say?) 8 Develop a wwspaoer or magazine from another creature's perspective concerning pollution, habitat loss. population reduction, etc. 9 Expixehow landxoundyourcommunity isused (Example Eachsludenldrowsatownongreenamstruction paper ax) then the doss broinstxms now the land m Ight be used Whet services are required of the land? Draw In the things people build around towns or things that ware there bofxo people began to settle the xoe) 10 Invite conservation officers, foresters, waste management officials, noturollsts. representatives from concerned groups or other speakers lo talk to students It. Vlsllolocolxoasuchososlreom.wetland.river.lakexparkandcheckfx trash How does trash affed living things? Dlscussunseenpollulanlssucheshouseholdcloonlngproducls. paints, ballerles. etc Why re they called Hazardous Wastes? 12. Craote an Exth Keepers Audit 050 class Eochpersoncanexomlnethoir own llvasloseehow Itwyprolect the environmenl «xf which of their acllvltes xe hxmful to the environment. Whet changes con each person mXe lo be mxe protective of the environment? 13 Asoclass.chooseandresexchananvironmentol Issue Wrlloletterstolegislotors.comoenles.lhemedlox olhx groups to make suggestions and express your concxns Id tkiwdoesvourcllygotiuwotx? flndoollflhoreoreonylhrootstoyourwotxsuoply.whxeycxjraowogB t gies.howaowogBishondled.ondIfItlsothreotloyouronvIronmenI? ^ 15. Lexn about sld rein xid tost the pH of different Hquiih 16. Lexn about the health r lake of Xlnk Ing unclean x Inlc walx 17. lacarparala the EARTH PIEDSC tnia your day. IS. Show your support (or a clean anvlronmanl. Each parson can taka Iho BREEN PIEDSE, koap lha pladpe. and sandin tha signad (ora to the Earth Day caaBlttaa. 19. Calahrate National Wildlife Weak (April 23- 29) and Arbor Day (April 27). YOU CAN HELP HAKE 1990 THE DECADE OF THE ENVIR0NT1ENTI Rse (oUovraig are )ust a few orgajiBauons sponsoring Earth Day acUviUas and offering materials and inlormatlon on tha anvircninent:offering materials ntESHWATQ rOUNDATtOH .. (»IZI STI-SSO? mmasTS mm .. Oorouiv wuu tSIZI ZS*-Z737 WASTE E xlSOOl EASTH OAT . Ron Wlllliat.. ISI21323-ZI32 EARTHOAK K-12 . Piiricii Itootor 16121 627.2750 MM ENVIRONMEMTALEDUCAnON 80 I6I2I 296-2368 WOODSY OWL ENVIRONMENTAL EDUCATION LEADERS . Kii/Public Service Kil .. Weedey Oel. Fereel Service. USDA. PO Bex 1963. WtUinsua. DC 20013 MN DEPARTMENT OF EDUCATION . . Jolie Miller ... 16121296-1069 MN POaUTION CONTROL ACENCT 16121 296-6300 PROJECT WILD/AOUAnC WILD. Keren Via Noraea . 16121297-2123 CONGRESSMAN GERRY SIKORSKI PRESENTS: "Earth Day/Every Day" Steps we all can take to preserve and protect our environment When: Friday, April 27,1990 from 4:30 p.m. to 8:00 p.m. Where; Anoka Ramsey Community College 11200 Mississippi Boulevard Coon Rapids, MN Program Schedule; 4:30 - 5:00 p.m: Registration. Juice and Natural Foods Available 5:00-5:15: Introduction by Congressman Gerry Sikorski 5:30: Seminar Round 1. Choose from topics/exhibits listed below 6:20: Seminar Round 2. 7:10: Seminar Round 3. TOPICS/EXHIBITS^TEm’ATIVEl — -»Toxic Chemicals • Alternatives and Disposal ||^ Energy/Resource Conservation Strategies Tl-ee Planting/Woodland Management in Better Waste Management Practices •» Household & Business Recycling Endangered Species Protection If ' Chlorofluorocarbon (CFC) Use Sierra Club In cooperation with: Izaak Walton League Nature Conservancy 1 Freshwater Foundation Minnesota Public Interest Research Group 1 Minnesota Department of Naural Resources Neighborhood Energy Consortium Citizens for a Better Environment , Metropolitan Transit Commission Minnesota Conservation Federation Minnesota Department of Transportation Clean Water Action Project Greenpeace Trout Unlimited Trees for Tomorrow April. 1990 Dear Friend: On April 22nd of this montli (he worid will celebrate the 20tb anniveisary of “Earth Day " In 1970, over 20 million Americans pulled together on the first Earth Day to demand a restoration of the planet’s ecological health. The first Earth Day alerted millions to environmental problems and spumed efforts to eliminate the dangerous pesticide DDT. restore Lake Erie and bring about Ocan Air and Water legislation. How­ ever, today even more needs to be done — by aU of us — to address the numerous ecological hazards which face each and every one of us every day. In conjunction with Earth Day. on Friday, April 27th (Arbor Day). I will be hosting a forum ai the Anoka Ramsey Community College from 4:30 p.m. until 8:00 p.m. to discuss what you can do to contribute to a cleaner, safer, more sound envi­ ronment. Sutc, local and privaU: organizations will join me in discussing solutions that we all can take and live with to help save our precious planet. Additional details arc listed on the reverse of this letter. If you need directions or any additional information don’t hesitate to call my office at 780-S80I. In the book of Genesis, humankind is given "dominion over the fish of the sea. the birds of the air and over all of the eanh." With that power, that control, comes responsibility. iT "Earth Day/Every Day" '"■'i Congress of the United States House of Representatives Washington. D C. 20SIS Official Business Bulk Rate CAR-RTSORT A town meeting with Congressman Gerry Sikorski POSTAL CUSTOMER • LOCAL 6TH CONGRESSIONAL DISTRICT MINNESOTA POSTMASTER - PLEASE DELIVER PROMPTLY. DATED MATERIAL ■Primed on recycled paper with 50% soy based ink- 4690.6 (( TO: FROM: DATS: SOBJECT: Park Commission Candidates fumumermtMark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director 23 1990 April 18, 1990 CITYOFORONO Attached for review are letters of interest from four residents Interested in being appointed to the Park Commission. I am trying to arrange for them to be at the Council meeting for interviews at the April 18, 1990 meeting. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adminlstrato Forwarded for Council consideration. Martli28.1990 ||M< 5 0 5830 Dear Orono Staff and Council, I would like to submit my name in nomination for the Park Commission opening. I feel this is a very important community job that has ^eat potential to positively impact Orono for years to come. I would appreciate the opportuni**' to be a member of such a committee. For a number of years I have used Orono parks and spent time tu, out such things as equipment, us^e and availability to the community. In tu«s tail I wrote a letter to the Park Commissin sharing my concerns, suggestions and support. It has long been my intent to offer to lobby to assist the city in raising money for Park equipment, u that was needed. The recent discussions about the pppropriate use of Bederwood Park has further pe^ed my concerns and interest in now parks are used, where money comen from, who has access, etc. In attempting to find a win-win compromise I have spent countless hours researching options, talking with school, dty and park commission officials. It has been a lot of work, but very exciting and positive in that I believe there are great opportunities to work together. I believe the Park Commission needs to continue its important job of being proactive in its plemning process as it updates the Comprehensive Plan and attempts to broaden its fu^dal base. T^s is of utmost importance with the impending development of Orono with the completion of 394. I feel I would bring to the Park Commission: attention to detail while keeping the bigger picture in mind, stick-to-it-ness and a “can do” attitude with a personaJ commitoent to plan for the future, energy to work for the good of the community. As the founder and President of a non-profit organization, the Pregnancy and Infant Loss Center, I have worked with others to turn dreams into reality providing a service to the population we serve. After having had a child die in 1981,1 took this personal *■ ardship and turned it into a positive, working for the good of others. Eight years since it’s inception, my dream, our national organization, is a highly respected leader in the field, liiis ability to turn a difficult situation into something positive while working with many kinds of people is a valuable asset I would like to share. In addition, as a consultant to businesses in the area of team-building and communications I feel I would be able to contribute those skills and a team attitude in working with the city staff and council. I have included my resume. Please consider me for this Park Commission opening. Sincerely, Sherokee Dsa 3630 EUeen St Orono, MN 65359 SHEROKEEILSE 3630 Eileen Street. Maple Plain, MN 55359 612-476-1303 NATIONAL TRAINEr CONSULTANT FOUNDER/ PRESIDENT BIOGRAPHY Presented over 250 workshops on childbearing loss to national, regional and local groups in 30 states over the past six years including: National Perinatal Bereavement Conferences 1988; 1986 National Parent Care Conference 1988 National Funeral Directors' Association 1986 National Compassionate Friends 19 5 Guest lecturer at Residency Training Programs, School of Medicine: Georgetown University Hospital William Beaumont Hospital University of Minnesota Hospital Consultant to hospital and perinatal organizations across the country including: Georgetown University Hospital Stanford University Hospital Vanderbilt University Hospital University of Minnesota School of Nursing Luther Northwestern Seminary, St. Paul The Pregnancy and Infant Loss Center, national non-profit center providing support counseling, education, and resources to bereaved parents and families. THE ANGUISH OF LOSS. December 1988 (Publication date: February 1989) Finalist for the 1989 National Publishers Marketing Association's Ben Franklin award EMPTY ARMS: Coping with Miscarriage, Stiilbirth and infant Death (over 75,000 copies in print) 1985 rev,, 1982 MISCARRIAGE: A Shattered Dream, co-author. 1985 ADDITIONAL PUBLICATIONS: 1989 - Ectopic Pregnancy: An epidemic on the rise - Presenting Unexpected Outcomes: A Childbirth Educator's Guide 1988 -"Development of a comprehensive follow-up care plan after perinatal and neonatal loss". The Journal of Perinatal and Neonatal Nursing, October 1988 1987 -The Baby Blues and No Baby". International Journal of Childbirth Education, November 1987 1986 -"Perinatal and Infant Bereavement", National Funeral Directors Association 1985 ■ Grieving Grandparents ...after miscarriage, stillbirth or infant death -The Emotional Aspects of Repeated Miscarriage", Perspectives on Infertility 1984 - Sibling Grief ... after miscarriage, stillbirth, or infant death - Planning a Precious Goodbye ... - What Next?... - What Family and Friends Can Do ... SHEROKEE ILSE page 2 AWARDS/ ACCOMPLISH ­ MENTS EDUCATION Who's Who in Professional Executive Women, 1989 Nominee Leadership Minneapolis Award Outstanding Alumnus Award, Hamline Unh/ersih/ National Pregnancy and Infant Loss Awareness Campaign task force (nalional proclamation signed by President Reagan in October 1988) BA Degree, Psychology and Sociology, Elementary Teaching Certificate, Hamline University, St. Paul, MN MBA work at the University of Minnesota in progress MEDIA Radio and television talk show guest on numerous national and local programs ^ including "Donahue", "Oprah Winfrey", "Hour Magazine", and "The Home Show". PERSONAL Mother of two living children Kellan (6 years) and Trevor (4 years) and INFORMATION mother of three babies who died: Marama in miscarriage (1979), Brennan in full- term stillbirth (1981), and an ectopic pregnancy (1986). Married to David Use, social work supervisor. March 30, 1990 3685 Watertown Road Orono, Minnesota 55359 475-9026 MR 3 jg ]S90 t',ayor James Grabek City Council Member '. F.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor Grabek and Council Members: I am writing to submit my name for consideration for the open seat on the Park Commission. As a resident of Orono, I am concerned about the continued quality of our parks and open spaces on a ...ong term basis; and I would like to contribute my considerable energy to Jol' the efforts of the Park Commission members. My family and I Intend to make Orono our permanent home for many years to come, and hope to continue to enjoy C- ono's unique beauty reflected in the parts and other open spacer.;. Enclosed Is my resume of education and work experience which is broad and varied. I have considerable experience In various human service capacities, which I believe would be a real asset -ervlng on the Paru Commission, thank you very * r yc onsideration. Sincerely, Marla L. Merldeth PERSONAL RESUME Marla L. Merideth EDUCATION: UCLA Los Angeles. California Major fields of snjdy: loumaiism and Art B.A. degree. 1972 Chapman College. World Campus Afloat College of the Seven Seas Scholarship Orange. California Major fields of study; journalism. Psychology and Art History Orange Coast College Newport Beach. California Major fields of study: loumaiism. Art A.A. degree, summa cum laude BACKGROUND AND SKILLS; Corporate Communications Writing Public Relations Graphic Design Audio Visual and Print Production Art Direction Photography Strong People Skills EMPLOYMENT: Merideth Creative 4561 Ellerdale Road Minnetonka. Minnesota Position: Owner/Direaor Dates: September 1 y 56 to present ADC Telecommunications. Inc. 5501 Green Valley Drive Minneapolis. Minnesota Position: Corporate Communications Manager Dates: luly 1980 to October 1986 Campbell Mithun Northstar Building Minneapolis. Minnesota Position: Freelance Producer. Audio Visual Workshop Dates: August 1979 to luly 1980 United Way of Pulaski County. Inc. 444 Continental Building Dallas. Texas Position: Communications Direaor Dates. March 1976 to August 1979 AWARDS AND DISTINCTIONS; 1988 Financial World, Bronze Award for Graphic Design. Annual Reports 1986 lABC. Award for Excellence. Corporate Image Campaign 1983 PIA (Printing Industry of Americal-First Place Corporate Image Publication 1982 New York Art Directors Guild-Ment Award Corporate Identity—Special Project 1980 Financial World. Merit Award for the Annual Report. ADC Magnetic Controls Company 1978 National United Way of Amerira. Certificate of Excellence for Multi-Media Presentation 1978 National United Way of America. First Place for TV Commercial 1977 Addy Award for TV Campaign 1977 Addy Award for Public Service TV Commercial________________________ PROFESSIONAL AFFILIATIONS; National Press Womens Association international Association of Business Communicators____________________ CIVIC AFFILIATIONS; Toard Member. Illusion Theatre Art Masterpiece Instruaor. Blocmington and Minnetonka School Districts_________ Personal references on request. March 29, 1990 Mr. Phil Bradley, Chair Park Commission Members City of Orono mar 3 0 1990 I would like to submit my name in nomination for the Park Commission opening. 1 believe that Orono needs thoughtful planning in order to develop its park system and I feel that I have both the interest and requisite skills to assist with this process. I have been a resident of Orono for some five years and during that time have been concerned about our natural habitat and how best to ensure that all citizens share equally in our parks, play areas, and lakeways. I have always been concerned, as well, with balancing the needs of today's citizens with those of future generations. As you can see from my resume, my expertise lies in the field of human behavior; extremely appropriate to park planning. As an administrator and therapist, I have well-honed communication sxills and I am an excellent negotiator. I would greatly appreciate the opportunity to be a member of the Orono Park Commission. 1 await your reply to my application. Respectful 1 y, Curtis A. Levang, Ph. D. 4010 Bayside Road South Maple Plain, Minnesota 55359 476-4123 (H) CAL/I RESUME CURTIS A. LEVANS reRSONAL 4010 Bavside Rcjad South Maple Plain, Minnesota 55359 612/476-4123 Marital Status: Married Birthdate: June 11, 1954 EDUCATION The Fielding Institute Ph.D., Clinical Psychology July 1986 St. Mary's College M.A., Counselling and Psychological Services December 1981 Evangel College B.S., Psychology and Mental Health May 1977 PROFESS 1ONAL EXPEjR IENCE 1977- present Psychologist Hennepin County Adult Corrections Facility Provide short-term individual counseling, bioFeedback and relaxation therapy, and psychometric testing including intellectual; projective; psychoneurological; personality; and vocational assessments. Supervise interns. 1987- present Clinical Director Family Hope Services Clinical administrator of a Rule 29 Mental Health Clinic. Responsible for hiring, supervision and program development. Provide psychological assessments and conduct psychotherapy. *988- present Psychologist Associated Clinic of Psychology Provide psychological assessments, recommendations and treatment for geriatric patients. Consult with nursing home staff. 1984- 1987 Paychologist Mstropolitan Clinic at Counsaling Provided psychological services to individual, couple, family, and sexual and physical abuse clients. Led men's groups and conducted psychological evaluations. 1983- 1984 Intern Family Renewal Center (Fairview Southdale Hospital> Sexual offenders' group, multiple family therapy group and children's group. 1981- 1985 Psychological Consultant Bloomington Assembly of Bod Church Provided short-term vocational guidance, psychological testing and individual and couple counseling. LICENSURE Minnesota Licensed Consulting Psychologist Minnesota Marriage and Family Therapist CERTIFIcations Alfred Adler Institute Biofeedback Institute of America PROFESSLONAL AFFILIATIONS American Psychological Association Minnesota Psychological Association American Group Psychotherapy Associ.ition International Group Psychotherapy Association Minnesota Correctional Association PRqF='ESSl ONAL INTERESTS Applied: Psychotherapy; Individual, Couples, Families, Group; Psychological Assessment; Business Consultant Academic: Sexual Abuse, Men's Issues, General Systems Theory, Psychomotor, Cognitive Therapy PUBLICATIONS Fall, 1988. Interactional Communication Patterns in Father/Daughter Incest Families. Journal of Human Sexuality and _P S)^c h ol^gy. Spring, 1989. Father/Daughter Incest Families: A Theoretical Perspective from Balance Theory and General Systems Theory. Journal of Contemporary Family Therapy. PRESENTATIONS August, 1989. “Men. Intimacy and Sex." X Internatianal Congress at Broup Psychotherapy. Amsterdam, Holland. 1989. Disorder." “Treatment of the Antisocial Personality Way 12. Wayzata, Minnesota. May, 1988. "Stress in Corrections.“ Minnesota Division of American Correctional Health Services Association. Red Wing, Minnesota. April, 1988. "Men and Infertility." Twin Cities Live Television Program. St. Paul, Minnesota. March, 1988. "Understanding Verbal and Non-Verbal Communications." The Adult Literacy Council Annual Conference. Brainerd, Minnesota. October, 1987. "The Structural Analysis of Behavior Model to Understand Communications." Annual Hennepin County Adult Corrections Retreat. Lorretto, Minnesota. March, 1987. “Career Change for Adults." Assemblies of God Singles Conference. Bloomington, Minnesota. February, 1987. "Inters-tional Communications in Incest Families." Fielding Institute Workshop. San Antonio, Texas. August, 1986. "Treatment of the Corrections Sex Offender.' IX International Congress of Broup Psychotherapy. Zagreb, Yugoslavia. U UL^^LSU vj.'ISLS/ MAR 3 0 1990 3770 Bayside Rd Orono, MN SS356 Phil Bradley Orono Park Commissioner City Of Orono Dear Mr Bradley, Please accept my application to the Orono Park Board. Enclosed is a short resume concerning my qualification. Please contact me if you have any questions or need further information. Sinc^ely, Steve Gardiner Work Phone Number 330 5283 Home Phone Number 476 0254 RESUME Steve Gardiner 3770 Bayside Road Orono, MN SS3S6 Application for Meabership for Orono Park Board March 29, 1990 Qualifications: Resident of Orono for over seven years. Avid user of area parks, such as Luce Line, Baker, Woerenberg, and Bederuood. My wife and are cyclists and horse owners. My profession as a coeputer systems analyst has provided me with many opportunities for planning and analyzing for large projects Goals; To work with the Park Board and the City of Orono to develop a park system and neighborhood events, for the enjoyment of the citizens of Orono. 41690.1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate' DATE: April 13, 1990 SUBJECT: Community Health Services Presentation COUNCIL MEETING APR 23 1990 CITY OF ORONO Attachments:A. Community Health Services Presentation Letter Dated 3/21/90 ISSUE - Presentation by Hennepin County Community Health Services to review their services. INTRODUCTION - For the p ist two years Hennepin County has asked as part of their outreach program to be able to give a short 10 minute presentation to Council. We were able to arrange it this year and Hr. George Bowlin will be presenting a short slide show and will be willing to answer any questions you raav have regarding the services they provide to County residents. No action is required. cc: George W. Bowlin, Hennepin County Health Dept. TT HENNEPIN COMMUNITY HEALTH DEPARTMENT Health Services Building - Level 3 525 Portland Avenue South r=n| Minneapolis, Minnesota 55415 m §255. MAR 2 0 1990 March 21,1990 Mr. Mark Bernhardson City of Orono 1335 Brown Road S P.O. Box 66 Crystal Bay. MN 55323 Dear Mr. Bernhardson: This letter confirms my presentation for Monday April 23,1990. I will arrive at City Hall at 6:45 PM to set-up my equipment. I will bring my slide projector, slides and extension cord. I will use your projection screen and a small table for the projector. The presentation will cover the programs and services available through the healtn department. The presentation will last 10 minutes and I will be happy to answer questions. Sincerely yours, ' George W. Bowlin HENNEPIN COUNTY an equal opp Oflunlty cfnptoycr 41690.2 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato April 13, 1990 SUBJECT: Public Review of Facilities Proposals P^OUNCIL MEETING APR '‘31990 mOFORONO Attachment: A. Proposed Schedule - Boarman B, Draft of Public Information Distribution IS:.UE - 1. Consideration by Council of a public meeting review of the facilities discussion. 2. Decision as to type of publicity Council would like in advance of that. 3. Review of text for presentation of that material and the means in which to provide it. INTRODUCTION - At the Council ’s 4/-/90 discussion they were presented Attachment A with discussion of a May-June public review and decision regarding regarding further work on the facilities. DISCUSSION - In the past it has been suggested that perhaps one or two public information meetings be held possibly on a Saturday, to allow information to be presented to interested persons together with making available a tour of the current facilities. In addition it has been suggested that a pui. ' ic hearing be held . Based on this previous discussion the following schedule is proposed: Public Information Meetings - May 12, May 19 or June 2 Public Hearing - May 29 or June 11 Tssue #2 - Publicity - It has been suggesteiv <s being appropriate 1 Tfi fs be given to people in advance of the public tings. The two avenues in which this can be done are: A. Special Mayor's Article/Council Article - Attachment A could serve as a draft form. B. News Letter similar to one done by Boarman in other communities. An estimate of cost of a newsletter is currently being done by Boarman for the City. ALTERNATIVES - 1. Adopt a schedule. 2. Take no action. Publicity - 1. Do a Mayor's Article. 2. Request Boarman to do it. Do both. Table discussion pending determination of schedule. . Chose not to undertake. RECOMMENDATION - It is recommended that a proposed schedule be adopted but that both the Mayor's Article and the mailing be utilized in advance for appropriate publicity if the estimated cost is reasonable. PROPOSED MOTION - Moved by __, seconded by __, that the adopt a schedule and direct the publicity authorizing $ preparation by Boarman and Associates together with $ mailing. Ayes __, Nays __. that the Council for for cc: Jack Boarman 41089 ■I MAYOR'S ARTICLE CITY FACILITY Many of you have been aware for sometime of discussions to do something with our out of date and inadequate city facilities. For those of you who have recently visited our facilities you must marvel at the fact that your Orono staff ate even able to their jobs, given the conditions within which they work. I d-?«;'t think many of you and I certainly know myself would not allow my employees to work in these kinds of conditions on a longterm basis. Not only ate our employees having to work in unproductive, cramped facilites, but we have a Public Works facility where people have to work under vehicles and work in puddles of water or cold unheated ground in wood sheds. Our Police Department has to use an eye bolt and handcuffs as a holding facility. These are just a few examples of the shambles to which that we have allowed our facilities to degrade. Some people have suggested that a bit of fixing up here and there could assist us, but I think we have gotten to the point that the most cost effective solution is to start over again and do an entirely new facility. This would not be a five or ten year cure. At present the City has utilized an architectural firm to determine the amount of space requirements we have without being superfluous. We are looking at a total cost for a new City Hall, Police facility and Public Works facility for a total of just about $3.5 million. The financing of this would translate, as we estimate it now, into a 1 to 2% increase in your tax bill. Currently out primary site that is being explored is at the southwest corner of Old Crystal Bay Road and Highway 12 across from the Orono schools and it is a site that would not present problems for neighbors to any great extent through the 24 hour operation of the Police Department, the 8 hour traffic of the City Hall not the type of activity which can be around the clock of the Public Works and their heavy equipment that would be found in the other locations. It may not seem popular to do, but we think we have come up with the plan that is in the longterm in the best interest of the City providing adequate facilities from which to operate. These ate not plush facilities by any means, unless you compare what we have with what we need. We ate intending to have an Open House of our current facilities and plans and costs for proposed facilities at an informational meeting to be scheduled for and a public hearing for We invite you to come and discuss this issue with the Councilmembers, we seek your input and on behalf of Barbara Peterson, J. Diann Goetten, Edward Callahan and Alan Nettles look forward to your support for a new facilities. BOARMAN& ASSOCIATES A K C 111 I I ' 1 U K I I C. I M f r K I N IN rrKIl IK Ml SII.N April 23.1990 Mark Bomhardson City of Oronr P. 0. Box 66 Crystal Bey, MN 56323 RE: Community Outreach Process Dear Mr. Bemhardson: On behalf of Boarmen & Associates, I respectfully submit this additional setvlcss proposal to provide the Community Outreach process for the Orono Municipal Facilities. The overall process Involves a number of work tasks provided by Boarman & Associates to assist the staff and Council in the Outreach Program for the Municipal Facilities pro|ect The various steps that Boarman & Associates will provide are as fc' ' vvs: A. Assistance In the organization a Citizens Advisory Commlnoe B. Preparation and distribution of materials to the comminae C. Work with the committee for 3 to 4 meetings to review all of the facilities worked on to date D. Focus of the Outreach Committee resulting in any recommendation and conclusions to the City CouncU on the Citizens Advisory Committee recommendations and conclusions par the Orono Municipal Faculty plaa B. The preparation of two facility newsletter pieces to be developed as communication effort to the community. The writing and organization of ail photographs, plans, and written materials will be prepared as a part of our firm's service. The City wUl review the layout and final vrrlttert materials for the entire flyer publication. C. The preparation of slide shows, drawings, or models to bo used at meetings or public hearings for communicating the options and directions for the Municipal Facilities plan. D. The Attendance and presentation of project materials at two public hearings. E. The preparation and collection of community wide Input through elthar a written or a phone survey. The phone Survey would Involve contacting a minimum of three hundred homes In Orono. All survey materials would be approved by the City for a speciflo question content and time of taking the survey. All of these above Items are a part of the Boarman & Associates Outreach Program that we have been Involved with on most of our Municipal Projects. The primary goal of the Outreach Program Is to tost the potential project plan Issues with the Citizens Advisory Group and then secondly through the public hearing of the survey process to ascertain a community wide understanding of the project, Ks costs, and Its best direction. For this Outreach Program, as stated In our earlier proposals we would provide this service at a maximum cost of $1500.00. This fee would be billed on hourly basis at our stated rates. This maximum fee would Include all professional services to provide the Outreach program as outlined above It would not include printing or materials for various Items stated abova These would be billed at direct cost to the Firm without a mark-up. 22; NOM.'I 2nd Slr»ei .Miniieaooli, Mini't'sol.i 55401 612-3.1 9*3752 On bihaif of Boarman & Asaoctatea I appraclate this opportunity to apply our exparfenca In the public Outreach Program for Municipal Pacllltlea. It la always an anilghtaning process to bring mambera of the community into the facilitlea planning effort In the process they see the need, they see what the options are, and they can compare that to the tax Impact on the community’s Individual homeowners. WRh that Information we always receive good advice and recommendations to the Council for their deliberation on the right direction for the City of Orono. If this proposal Is acceptable we would like to have the approval block signed and one copy returned to our office. On behalf of Boarman & Associates, we appreciate this opportunity to be of service Sincerely, Jack Boatman, President Boarman & Associates 41690.3 TOs Mayor and City Council FROM: Hark E. Bernhardson, City Administrato DATE: April 13, 1990 SUBJECT: Engineering Review APR 23 1990 ^ITYOFOROffo Attachment:A. Engineering Review Dated 3/2/90 (Memo Only) B. In-House Configuration Drafts ISSUE - Presentation to Council of additional information regarding the estimated cost of in-house service. pTRODUCTION - At the Council's meeting of February 26, 1990 the following information was presentated. It was requested that staff provide additional information to Council regarding the estimated cost of an in-house engineer. DISCUSSION - An estimate of in-house staff would include one of two configurations outlined in Attachment B. The estimates are using 1990 as a base and are very rough estimates particularily for the outside consulting budget. In a year where there are significant projects the range in cost from a possible savings up to an additional $24,000 depending on the amount of project work done in-house. In a year where there are no significant projects the range of additional costs go up an additional $66,000. The main difference in cost is that the current approach has the payment only when utilized, the in-house approach has a "fixed" cost if staff levels are not changed based on project needs. ALTERNATIVES - 1. Accept the information. 2. Table for further discussion. 3. Take no action. RECOMMENDATION - It is recommended that the Council accept the information at this point and request this item be placed on the agenda for further discussion at the May 29, 1990 Council meeting. In the meantime please feel free to discuss any questions or Issues you may have with me in the interim. PROPOSED MOTION - Moved by _, seconded by _, that Council accepts the information presented and tables further action to the Hay 29, 1990 Council meeting. Ayes _, Nays _. 3290.! i ^ TO: FROM: DATE: Mayoc and City Council Hark E. Becnhacdson, City Administrator March 2, 1990 SUBJECT: Engineering Services Review Attachment:A. Engineering Fee Schedule Memo Dated 2/9/90 B. Engineering Fee Memo Dated 12/5/89 C. Engineering Fee Schedule Review Memo na^ed 11/22/89 D. Consultant Review Memo Dated 12/1/89 ISSUE - Initial presentation of issues and alternatives relative to the provision of Engineering services to the City. INTRODUCTION - As indicated in Attachment D the City desires to undertake a service review of the consultant areas in the engineering area on a three year basis. DISCUSSION - The City of Orono has often relied on outside consultants to provide professional staff work to the City, particularily in the areas engineering and legal. To perpetuate a system however, that has existed for a long period of time however does not mean that what was appropriate 20 years ago for Orono is appropriate for today or will be appropriate in 5 years, circumstances may have significantly changed. It is the reason and benefit of such a review. ENGINEERING SERVICES PROVIDED - The services provided by an engineering group fall into two general catagories; A. On going advi_ce - This applies to engineering work that generally does not requite a large project be undertaken. This type of work applies to reviews of land use planning matters, small repairs maintenance reviews of existing capital facilities such as streets, sewer and water. This is the type of work that blends engineering skills and past City history to help determine decisions on these matters. B. Project engineering - This area is for major capital improvements and includes the following items: Feasibility study Design Plans and Specs Construction document preparation Pre-construction work Construction monitoring Bid review and award recommendation Project modification Project inspection V yProject completion and payment , CONFIGDRATIONS FOR IN-HODSE ENGINEERING A.) Public Works Director - Separate City Engineer Public Works Director (non engineer) City Engineer Engineering Aide Clercial (.5 full-time) T*rpe.-tH<jeuT Computer Aide Mapping and Design (capital over 5 year plus operation) (may undertake for other reasons) Consulting Current "Costs" Significant Project Year (89) $153,000 10,000 0 - 20,000 $153-183,000 104,000 consulting 55,000 current staff Current "Costs" Low Project Year 42.000 55.000 97.000 B. Public Works Director as City Engineer Public Works Director/City Engineer Engineering Aide Clerical (.5 full time) Public Works Worker Computer Aided Mapping/Design Consulting $143,000 10,000 0-20,000 Current "Costs* Significant Project Year (See A) Current "Costs" Low Project Year (See A) 143,000 - 173,000 $159,000 $ 97,000 WET DIFFEREMCE (PROPOSED - CDlQUgiT) Configuration High Project Year Low Project Year A.)$7,000 (savings) to $24,000 Wet Increases $56,000 - $66,000 Wet Increases B.)$17,000 (savings) to $14,000 Net Increases $46,000 - $56,000 Net Increases 42090.1 IS TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adrainistrato' DATE? April 20, 1990 SUBJECT: Flexible Benefit Plan Attachment: A. DCA Flexible Benefit Outline ®««aiMEETO8 APR 23 1990 OF OROHO ISSUE - Presentation of Information to Council regarding the basics of flexible benefit plan. INTRODUCTION - Over the past couple years staff has discussed with Council the undertaking of flexible spending accounts in conjunction with the pre-tax provisions allowed by IRS Section 125. Under this, it allows an employee to deduct from pre-tax dollars certain amounts for child care, health premiums, health and dental expenses and other types of qualified plans together with coordinating that plan with their deferred compensation. Even though this has been a longterm goal to present to the Council for some time. Section 89, that was a discrimintatlon test, made certain elements and design of the plan more expensive. This has subsequently been repealed by the Congress. (I would like to thank Councilraerabers who pursuaded staff to wait on going through and doing a Section 89 compliance in January of *89 since the repeal made it no longer necessary.) DISCUSSION - Flexible pre-tax benefit programs are provided by a number of organizations to their employees in both public and private sectors in the metro area. The DCA Stanton group has done it in most municipalities who havwe adopted such programs. Subsequent to indicating that the cost of the plan would be about $1,500 to design it in our January 16, 1990 memo I have done further exploration and the total cost at this point looks to be about $2,250 for plan design and $1,700 for plan communciatlons and introduction. (We budgeted about $7,500 for both IRS 125 and 87 for 1990.) The information is presented to Council at this time so that you may peruse the information to see what questions or issues you have prior to a decision as to whether staff should initiate the work with DCA Stanton. While the City could solicite alternate quotations from other areas, it is not required nor felt that the expense involved would net a substantial savings, particularily since DCA will be working from plans developed for the municipalities. (The only unknown expense at this point is the legal review. d CA's master documents have been reviewed by the Gray, Plant law firm. These cost factors will be presented at the next meeting.) In addition to the initial outlay expense there is the administrative cost of the program. While it can be done inhouse, the approximately $1,700 per year that DCA would charge for administration of the program would do a much better job than .would be abl-e to do and would probably make the program much ■•raor'e widely used. (There has been a reluctance to participate by certain employees in organizations that used their own inhouse administration, of people submitting bills for particularly health related matters. Ones that have shifted from an Inhouse bo, a.pontract administrator have seen their participation rates go up. (This is because a number of people are concerned that people in their own orgainization are reviewing bills for health matters that they consider to be personal.) ALTERNATIVES 1. Accept the Information. 2. Ask any question you may have at this point or over the next three weeks. 3. Table until subsequent meeting. RECOMMENDATION - It is recommended that Council accept the information and ask any questions they may have between now and the next meeting and that the matter be tabled until May 14, 1990. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the information and ask any questions they may have between and now and the next meeting and that the matter be tabled until May 14, 1990. Ayes _, Nays _. cc: Janet McCune, DCA All Department Heads y^0oxrl\ FLEXIBLE SPENDING ACCOUNTS PROPOSAL 1990 PLAN YEARS Benefits Group FLEXIBLE SPENDING ACCOUNTS PROPOSAL Contents SECTION 1 EXECUTIVE SUMMARY OF FLEXIBLE SPENDING ACCOUNTS SECTION 2 NON DISCRIMINATION REQURIEMENTS SECTION 3 ADVANTAGES AND DISADVANTAGES OF FSAS SECTION 4 REQUIREMENTS OF FSA ADMINISTRATION SECTION 5 DCA FLEXIBLE SPENDING ACCOUNT SERVICES SECTION 6 IMPLEMENTING THE PLAN—HOW TO PROCEED SECTION 7 ABOUT DCA SECTION 8 DCA ADMINISTRATIVE FEES Section 1 EXECUTIVE SUHHASY Increased Income for Participants Flexible spending accounts are employee benefit programs which permit employees to pay certain out-of-pocket expenses- -such as medical and dental premiums, health care expenses (including both medical and dental), and dependent day care expenses—with pre-tax dollars. This results in increased spendable Income for participants. Savings to the Plan Sponsor Pre-tax dollars used to pay qualified expenses are not subject to FICA (social security) taxes—for either the employee or the employer. Depending upon the provisions of the employer's medical and dental plans, the timing of reimbursements and the degree of utilization of the accounts, these tax savings may offset the cost of the plan to the employer. IRS Regulations The primary IRS requirements are: 1. The plan must have a formal plan document.and employees must receive a summary plan description of benefits. 2. The plan must meet the nondiscrimination requirements of Section 125 and 129. See "Nondiscrimination Requirements". 3. Expenses can only be reimbursed through the flexible spending account if they were incurred during the plan year and while the employee was a participant in the plan. An expense is incurred on the date the service was rendered. 4. The source of funds for the FSA can be employee salary reduction contributions and/or employer contributions. 5. Employees who wish to participate must designate the amount of their salary reduction contributions to each account for the coming plan year before the start of the year. 6. Employees may revoke or change a previous election during the year only if they incur a "Status Change" defined as a significant curtailment of coverage or a significant increase in the cost of coverage, marriage, death, divorce, birti. or adoption of a child, and a change in the spouse's employment status or health coverage due to employment, or an increase or reduction in the employee's hours. 7. Money left in an account after all expenses for the year have been reimbursed must be forfeited—employees may not toll money over into the next year, receive their unused money back in cash, or use money from one account to reimburse expenses in another account (e.g., use health care money to reimburse day care expenses). 8. Plan sponsors must file a Form 5500 (annual tax return) for each plan each year. 9' ii fli I a I I a I I a I a I I I 1 9. in order to pay a benefit, the plan must receive a written statement from a third party stating the expense and a written statement from the employee stating the expense is not being reimbursed by another source. 10. Forfeitures at the end of the plan year are considered to be part of an "experience gain”. The total experience gain is the total premiums paid over the FSA's total claims reimbursements and reasonable administrative costs. The options for use of any such gains include: - Return them to participants for the past year on an equal basis or weighted to reflect total elections, not forfeited amount, of each participant. Use them to reduce premium costs for the next plan year. I.e., offer $500 worth of benefits for $480 in contributions. 11. Special requirements for dependent care FSAs include: e The maximum pre-tax reimbursement is $5,000 per year. e Employees must receive a statement of their dependent care account usage as of each December 31. e Employers must reflect the amount of pre-tax contributions for the year on the employee's W-2 forms. e Child care reimbursements are only allowed for dependents under age 13. an. • Dependent day care tax credits, taken on an employee's tax return, are reduced dollar for dollar by FSA reimbursements for the year. a Employers must explain to the employee in what circumstances the tax credit is more advantageous than the plan. e Persons receiving FSA reimbursement must generally provide the name, address and taxpayer ID number of their dependent care provider when they file their personal income tax return. 12. Special requirements for health FSAs include: e Premiums for other health care or dental care coverage are not allowed to be paid through the health FSA. e The maximum amount of reimbursement, reduced by prior reimbursements, must be available at all times during the coverage period. • Contributions by the employees can be in large installments such as monthly, quarterly, or semi­ annually rather than per payroll. However, the schedule cannot be based on the amount of claims incurred and it may not be accelerated to cover claims. • Claims must be paid at least monthly or when a pre­ set minimum amount of expenses are incurred (e.g. S50.00). DO. 42090.1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: April 20, 1990 SUBJECT: Flexible Benefit Plan Attachment: A. DCA Flexible Benefit Outline ISSUE - Presentation of information to Council regarding the basics of flexible benefit plan. INTRODUCTION - Over the past couple years staff has discussed with Council the undertaking of flexible spending accounts in conjunction with the pre-tax provisions allowed by IRS Section 125. Under this, it allows an employee to deduct from pre-tax dollars certain amounts for child care, health premiums, health and dental expenses and other types of qualified plans together with coordinating that plan with their deferred compensation. Even though this has been a longterm goal to present to the Council for some time. Section 89, that was a discrimintation test, made certain elements and design of the plan more expensive. This has subsequently been repealed by the Congress. (I would like to chank Councilmembers who pursuaded staff to wait on going through and doing a Section 89 compliance in January of '89 since the repeal made it no longer necessary.) DISCUSSION - Flexible pre-tax benefit programs are provided by a number oT organizations to their employees in both public and private sectors in the metro area. The DCA Stanton group has done it in most municipalities who havwe adopted such programs. Subsequent to indicating that the cost of the plan would be about $1,500 to design it in our January 16, 1990 memo I have done further exploration and the total cost at this point looks to be about $2,250 for plan design and $1,700 for plan communciations and introduction. (We budgeted about $7,500 for both IRS 125 and 87 for 1990.) The information is presented to Council at this time so that you may peruse the information to see what questions or issues you have prior to a decision as to whether staff should initiate the work with DCA Stanton. While the City could solicite alternate quotations from other areas, it is not required nor felt that the expense involved would net a substantial savings, particularily since DCA will be working from plans developed for the municipalities. (The only unknown expense at this point is the legal review. DCA’s master documents have been reviewed by the Gray, Plant law firm. These cost factors will be presented at the next meeting.) In addition to the initial outlay expense there is the administrative cost of the program. While it can be done inhouse, the approximately 51,700 per year that DCA would charge for administration of the program would do a much better job than we would be able to do and would probably make the program much more widely used. (There has been a reluctance to participate by certain employees in organizations that used their own inhouse administration, of people submitting bills for particularly health related matters. Ones that have shifted from an inhouse to a contract administrator have seen their participation rates go up. (This is because a number of people are concerned that people in their own orgainization are reviewing bills for health matters that they consider to be personal.) ALTERNATIVES 1. Accept the information. 2. Ask any question you may have at this point or over the next three weeks. 3. Table until subsequent meeting. RECOMMENDATION - It is recommended that Council accept the information and ask any questions they may have between now and the next meeting and that the matter be tabled until May 14, 1990. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the information and ask any questions they may have between and now and the next meeting and that the matter be tabled until May 14, 1990. Ayes _, Nays _. cc; Janet McCune, DCA All Department Heads • A terminating participant must be given the option to continue receiving benefits under the plan for the full COBRA ccntinuation period (at least 18 months) if he or she continues to ma)ce the premium payments (formerly “contributions"). The participant may discontinue coverage under the plan if payment of premiums is discontinued. Plan Design Strategies 4. Restrict eligibility as much as possible to eliminate the rls)c of early turnover employees electing a large benefit and then terminating employment. Structure the definition of benefits payable under the health account to limit expenses that can be incurred in a short time. Limit the amount of coverage available under the health FSA to a level the employer is willing to risic. Eliminate or restrict election change opportunities. iX». Section 2 NON-DISCRIHINATION REQUIREHENTS Section 125 Discriaination Tests Overall Plan (medical, dental, disability, and group term life employee premiums, if part of plan, plus health care and dependent care expense reimbursement accounts). 1. Plan eligibility can't discriminate in favor of Highly Compensated Employees. 2. Contributions by Key Employees can't exceed 25% of the total of all contributions to the plan. Dependent Care Plan Only (Section 129) 1. Plan eligibility, contributions, or benefits can't discriminate in favor of Highly Compensated Employees or their dependents. 2. Contributions by 5% or more owners (or their spouses or dependents) can't exceed 25% of the total of all contributions to the plan. 3. The average contributions of non Highly Compensated Employees must be at least 55% of the average contributions of Highly Comper. :ated Employees (employees whose compensation is less than $25,000 or a lower compensation figure may be excluded for salary reduction plans). an. I Genarally, the "highly compensated employee" and "key employee" definitions are as follows. These abbreviated definitions may be used for purposes of making estimates. However, precise discrimination testing must be based on the definitions in the law and regulations. HIGHLY COMPENSATION EMPLOYEE Any employee who, during the current or preceding year: 1. 5% owner* 2. earns more than $81,720 in compensation** 3. earns more than $54,480 in compensation** and is in "top paid" group (highest 20%) 4. an officer who earns more than $49,032 in compensation** KEY EMPLOYEE Any employee who, during the current or preceding 4 years: 1. is a 5% owner* 2. is a 1% owner* and earns over $150,00 in compensation 3. one of the top 10 owners* and 4. an officer who earns more than $49,032 in compensation** * Family attribution rules apply to all ownership situations. ** These are 1989 figures. They are indexed for inflation. Section 3 ADVANTAGES AND DISADVANTAGES OF FSAS ADVANTAGES Employee expenses paid with pre-tax dollars—taxes reduced - federal income tax - state, income tax (except New Jersey, Pennsylvania, Arkansas, and Alabama) - riCA Employer payroll taxes reduced - FICA - FUTA - possibly state unemploy­ ment taxes (varies from state to state) - not workers' compensation 2) completely voluntary pro­ gram; provides benefit/ tax flexibility to employees 3) PERA contributions (for certain public sector employers) are not affected 2) employer gets float on salary reduction deposits until claims are reimbursed 3) helps attract and retain employees DISADVANTAGES Employee "use it or lose it"—for­ feiture of unused amounts (careful planning and good communication required) 2) limitations on ability to change after start of plan year Employer 1) employers must reimburse the full amount of the claim in the health reimbursement account (up to the total annual amount of the contri­ butions elected by the employee)—employer may not be fully paid back if employee terminates employment or changes family status prior to the end of the plan year. 2) modifications to payroll system required DCA. Employee could potentially reduce social security (and perhaps unemployment compensation benefits)—typically negligible impact Employer discrimination tests must be monitored and met 4) plan documents and admini­ stration required 5) other pay based plans (e.g., retirement plan, disability) would have to be amended to base benefits on pay before salary reduction 6) no guarantee that Congress won't modify or outlaw these )cinds of plans in the future FLEX PAYCHECK COMPARISON ANALYSIS SSN: 334-46-5782 NAHE: John E. Doe Current Paycheck Illustration SemiMonthly Exemptions: 4 Annual GROSS TAXABLE COMPENSATION $1,479.17 $35,500.00 1. FICA 2. Federal Withholding Tax 3. State withholding Tax 4. County Withholding Tax 5. City withholding Tax 6. Other deduction (1) 7. Other deduction (2) 111.86 153.00 96.00 0.00 0.00 0.00 0.00 2,684.64 3.672.00 2.304.00 0.00 0.00 0.00 0.00 TOTAL WITHHOLDING TAXES ADJUSTED NET PAY $ 360.86 $ 8,660.64 $1,118.31 $26,839.36 *** ADDITIONAL AFTER TAX EXPENSES *** 8. Medical Reimbursement 9. Dependent Care 75.00 125.00 1,800.00 3,000.00 TOTAL PERSONAL PAYMENTS $ 200.00 $ 4,800.00 NET DISPOSABLE INCOME $1,029.89 $24,717.28 Semi-Monthly Paycheck Comparison w/o Flex w/Flex GROSS COMPENSATION $1,479.17 $ 1,479.17 1. Medical Reimbursement 2. Dependent Care 0.00 0.00 75.00 125.00 PRE-TAX REDUCTION IN COMPENSATION NEW TAXABLE COMPENSATION $ 0.00 $ 200.00 $1,479.17 $ 1,279.17 FICA Social Security Withholding (Approx.) 111.86 249.00 96.06 201.00 TOTAL TAXES WITHHELD $ 360.86 $ 297.06 After Tax Expenses 200.00 0.00 TAKE HOME PAY $ 918.31 $ 982.11 SAVINGS FROM EACH PAYCHECK $63.80 ao). a I I 1 I 1 1 1 Section 4 REQOIRENENTS OP PSA ADMINISTRATION Proper administration of your Flexible Spending Account plan is crucial to the success of the program. If employees do not receive reimbursement checks when they expect them, or reimbursement amounts are different than anticipate-’ '■r wrong, or if the procedure is complex and confusing, employees will quickly become disillusioned about the value of the plan. The administration of the plan must provide: » CONFIDENTIALITY - the employer does not want to be in the position of claims examiner to review private medical claims of employees. * EFFICIENCY - Claim documentation must be reviewed, reimbursements must be prepared timely and accurately, and participants must understand the system. PROFICIENCY - The employer must be kept up to date on lec'slative developments, plan requirements, and discrimination testing. Section 5 DCA FLEXIBLE SPENDING ACCOUNT SERVICES DCA's State of the art Flexible Spending Account administration system provides the essential elements that relieves the employer of "administrative hassles" and allows him to reap the rewards of a highly efficient employee benefit plan. Claims verification and documentation 100% Confidentiality Prompt and accurate processing of financial and employee claims data Audit trail including report of expenditures Maintenance of plan records Reports easily understood by plan sponsor and participant Semi-monthly or bi-weekly reimbursement processing to match your payroll Immediate service and response from DCA Account Executive and Account Processor. Customer service hot-line provided to participants Universal checking account Supply of all enrollment forms, claim forms, return envelopes, checks and stubs. d m m d « DCA's Flexible Spending Account services generally fall into three categories: 1. Plan document preparation 2. Employee communication 3. Administration Plan Document Preparation The initial step in implementing a Flexible Spending Account program is the preparation of appropriate documents. Since the plan draft becomes a legal document upon its adoption, any plan draft prepared by DCA is intended for review by your legal counsel. In addition to the drafting of the plan document, a summary plan description (SPD) outlining the details of the program for participants would be prepared. Employee Communication Even the best designed plar 11 fail if employees don't understand it or, worse yet, are aspicious of it. DCA can provide you with the appropriate informational materials to properly communicate your new program to employees, and, if desired, we can also conduct employee meetings for you. Each element of the DCA communication package has been carefully designed to be easily understood, yet comprehensive enough to properly inform employees about the benefits of your Flexible Spending Account plan. If desired, DCA also can help with the design and preparation oi supplemental communication pieces, such as posters, brochures and slide shows. Adainistration DCA’s administration system operates as follows: 1. P;.rticiDants submit Claims - Whenever eligible "out-of-pocket" expenses are incurred, partici­ pants record the expenses on claim forms and, once they total S50 or more, mail them to DCA. All participants are required to submit documentation supporting the expense with each claim for reimbursement. DCA conducts audits of claims of on a tolling sample basis one month per year. 2. Fnmlover Transfers Participant Census and Payroll Data - At the end of each processing period (typically semi-monthly or bi-weekly), a hardcopy listing of any changes to enrolled participants' deduction amounts plus information on new enrollees is submitted to DCA. 3. nrA Processes Claims and Prepares Checks - DCA processes and approves the claims received during the period and produc s the appropriate checks and explanatory check stubs. The processing of claims is kept absolutely confidential. Only the claimant and DCA, Inc. know the nature of the claims submitted for reimbursement. If there is not enough money in an employee's account to cover claims submitted during the processing period, the excess claims are suspended and paid from acn. contributions made in a subsequent processing period (except at the end of the plan year after all contributions for the year have been paid to the employee for previously submitted eligible expanses). For plan years beginning in 1990 or later, this practice will no longer apply to the health care account and claims will be reimbursed up to the remaining amount of the employee's coverage, whether or not the employee's account balance is greater than the amount of the claim. 4. summary jrt Produced - A summary report of all financial activity in participant accounts for the period (including deposits, claims approved, claims paid, claims suspended and ending balances) is produced and sent to the plan sponsor at the end of each processing period. 5. Reimbursement Checks Distributed - The employer deposits or wire transfers to a special account the exact amount necessary to cover total participant reimbursements for the processing period. When the employer deposit is received in the universal checliing account maintained by DCA for Flexible Spending Account plans, DCA releases the participant checlcs and explanatory stubs for distribution. Participant checks may be sent in batch to the employer or mailed to participants' homes. PLEASE NOTE: The DCA universal checking account is set up exclusively for paying claims. As soon as the bank—First Bank Minneapolis—receives your employer deposit or wire transfer, DCA is notified and participant checks are released immediately. DCA does not earn any interest on money transferred to the account and does not have access to the funds in any way except to pay participant claims. The advantages of the universal checking account to the plan sponsor are that DCA will reconcile the account transactions and will provide the check stock. At the end of each plan year, DCA will prepare an individual report for each plan participant showing all of the activity in his or her account during the year and the amount of his or her ending balance (forfeiture), if any. In addition, for calendar year plans, the December 31 summary report produced by DCA should aid the plan sponsor in preparing the dependent care account contribution section of participants' W-2 forms. If the plan year is not a calendar year, the employer will need to track the January 1 - December 31 dependent care account contributions for each participant in order to complete the W-2 forms. Section 6 IMPLEMENTING THE FLAN Party ResDonsible Function You and DCA 4 Develop an implementation timetable You and DCA Design the program DCA or your counsel legal Draft the plan(s); (If prepared by DCA, specimen plan drafts for review by legal counsel) DCA or your counsel legal Draft the summary plan description You Announce employee meetings DCA Prepare employee meeting presentation and handout materials You and DCA Conduct employee meetings and distribute handout materials, enroll participants DCA Prepare claim processing schedule You and DCA Establish data exchange procedures You Modify the payroll system You Enter participant information into payroll system You and DCA Ongoing Flexible Spending Account administration Section 7 ABOUT DCA DCA was founded in 1953 to assist employers in the design and administration of corporate pension and profit sharing plans. Responding to the growing needs of our clients, and to constantly changing government regulations, DCA has expanded far beyond its original focus. DCA's consulting services presently include wage and salary systems, self-funded healthcare and workers' compensation programs, and the design and administration of all types of flexible compensation programs. DCA consulting services are provided through our three operating divisions The DCA Benefits Group, The DCA Stanton Group, and The DCA Healthcare Management Group. The DCA Benefits Group specializes in the areas of IRS- qualified retirement plans and Flexible Spending Account (FSA) programs. In addition to providing FSA plan design, communication, and administration services for clients throughout the upper Midwest, the DCA Benefits Group provides the following services: . actuarial valuations for defined benefit pension plans . recordkeeping for profit sharing, 401(k), ESOP, money purchase pension and thrift/savings plans . design, costing and installation of newly installed retirement plans (or redesign of existing plans) . retirement plan termination consulting . corporate merger and acquisition employee benefits consulting . government forms filing . employee benefit communications . comprehensive flexible compensation programs We would welcome the opportunity to assist you with the installation and administration of your Flexible Spending Account program. Section 4 FE<! SCHEDULE OPTIONSPLUS PLAN INSTALLATTION CHARGES Plan design, determination of included benefits, pricing of benefit options, administrative set up, schedules and procedures $1,500.00 Plan document and Summary Plan Description for Flexible Spending Accounts $ 750.00 III. Employee Communication Draft text for information booklets, preparation of employee Worksheets and enrollment forms Optional: Standard "Flex" folders and booklet covers (50) DCA, Inc. consultants conduct employee meetings and provide employee counselling in two one-half day segments $ 900.00 * $ 75.00 $ 800.00 IV. Flexible Spending Account Administration Per eligible employee per month $ 3.25 Printing costs not included Additional meetings and consulting time charged at time and expenses - -SCO. To: Mayor Grabek S Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 18, 1990 Subject: Commercial Marina Licenses 1990 - Issues Exhibit - Staff Memo 1/17/89 ^ Commercial Marina License Application renewals were mailed to each of the seven marina operations in early February. The status of applications received to date follows; COUKCll MEETINfi APR 23 1990 Date Application Received Marina Fee Correct Submitted Fee 2/12/90 Mtka Boat Works 2/28/90 Windward 3/1/90 North Shore Drive 3/2/90 Gayles 4/13/90 Smith Bay Maxwell Bay Crystal Bay Service $428.00 $428.00 436.00 436.00 200.00 200.00+ $2/boat unit 200.00 200.00+ $2/boat unit 408.00 358.00+ $50 late fee 200.00+ $2/boat unit/$50 late fe 200.00+ $2/boat unit/$50 late fe We have heard nothing from Crystal Bay Service, and note that their gas dock is mostly on dry land, hence there is some question whether they will be operating the gas dock this year. We also have no application from "Maxwell Bay Marina" which we are advised Mr. Toberman has allowed to go back to its previous owner, Jim Dunn. Mr. Dunn has had contact with staff regarding opening for business this year, but has yet to make a formal application. It is clear that some of the marinas are in dire straits, and I would note that; - Gayles Marina and North Shore Drive Marina only submitted the base application fee, indicating they were not sure how many slips they would want to license for 1990 due to minimal water depths at the docks. Both of these marinas have done dredging work in the last year. - Smith Bay Marina has yet to start construction of the new building and amenities that were approved in 1987. To date, we have merely seen reconstruction of the docks and sea wall, and installation of electric service but no real activity for about a year. Conunercial Marina Licenses 1990 - Issues April 18, 1990 Page 2 of 3 - Both Windward and Minnetonka Boat Works appear to have , . adequate water depths but negative advertising about Lake Minnetonka water levels have had an impact on their slip rentals. The Boat Works has installed the new docks that were approved in 1989. Windward is currently working on final planning fo,- the new replacement building on the • ' • Manager Lake siue which was approved as a phased development. - We have been made aware that there is a residential property just east of Maxwell Bay Marina which was renting out slips in 1989. We will be checking this out, since that property would not appear to be within the current B-2 zone nor have a City Marina License. There are no other apparent land use changes since our last license review which occurred in 1988, apart from those you have specifically approved through commercial site plan reviews. In discussion with the LMCD, we have learned the following: - They also have heard nothing from Crystal Bay Service. - They are working on license/ownership change for Maxwell Bay Marina. - Their policy for partial licensing is "all or none"; i.e. they won't consider just licensing the usable slips. Issues that need some discussion include: 1. Does the City Council intend that marinas license all of the slips that they ha’-e historically licensed, regardless of the availability of those slips? Will non-licensed slips in 1990 be grandfathered for future years? Remember that our marina license fee structure has historically been based on numbers of slips, even though we haven't exerted any authority over those slips. 2. Given the fact that some of the marinas appear to be in financial trouble, does the Council wish to waive any portion of fees? 3. Does the Council wish to formally authorize ana apt- t a marina committee? 4. What would be the responsibilities and the authority of that committee? Conunercial Marina Licenses 1990 - Issues April 18, 1990 Page 3 of 3 Does the Council wish to meet with the marina operators as a group to discuss the issues and concerns with marinas that are noted above? Optional Actions A. License Review Process 1. Form a marina committee to review applications. 2. Have only a staff review of 1990 license applications. 3. Table for further discussion. 4. Other. B. Fees 1. Total fee based on historic slip counts. 2. Base fee plus only those proposed slips for 1990 season. 3. Base fee only (refund to those who paid slip fees). 4. Table. 5. Other. C. Options for Marinas Who Haven't Applied 1. Staff to confirm marinas intent to not operate, or pursue late application. 2. Other. Staff Recoamendatlon - License review - Option 2 Fees - Option 2 Non-Applicants - Option 1 To: Mayor Grabek & Orono Council Members Prom: Mark E. Bernhardson, City Administrator Forwarded recommending approval of a staff license review given that there are no apparent land use changes that Council hasn't approved or were made subsequent to the 1988 licensing. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato! DATE: April 13, 1990 SOBJBCT: Board of Review/Reconvene n '>’’/> S31990 ISSUE - Presentation to Council of information regarding the Board of Review reconvene. INTRODUCTION - At the Board of Review meeting on April 17th it was noted that there is a need to reconvene the meeting and we indicated that it would be best to schedule the reconvene at this Council meeting. The reconvene is normally done in advance of a regular meeting but because of the nature of this year's schedule would not allow for that and as such requested about hour's mpeting be scheduled. DISCUSSION - It is suggested that the reconvening be scheduled £oc: Thursday, Hay 3, 1990 7:00 P.M. Alternate times could be 4:30 or 5:00 P.M. This will allow time for the reviews and send out the Information in advance to the Council and yet meet the 20 day requirement. Alternates to that date could be: Wednesday, May 2, Saturday, May 5, ALTERNATIVES 1990 1990 1. Set date. 2. Set alte. fiate date or time. 3. Select another date which is prior to May 6. RECOMMENDATION - It is recommended that the date of: Thursday, Mary 3, 1990 at 7:00 p.m. be set for the reconvene. PROPOSED MOTION - Moved by , seconded by _, that the Orono City Council sets_ _ _as thi^ate for the reconvene of the 19“0 Board of Review. Ayes _, Nays _. cc: Paul Smith Bob Hanscom, Hennepin County Assessor's Office 41790.1 /i TO; Mark E. Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: April 17, 1990 SUBJECT: Secretarial Employment 'OmOUlKTWG APR23 J990 CITY OF ORONO ISSUE - Employment of person to fill secretary position. DISCUSSION - After the resignation o( candidate originally accepted the was unable to accept the position, r initial applications and interviewed five persons the week of April 2nd. ■resa Stahl the second ion and then stated she laab and I reviewed the At the April 9, 1990 meeting Council accepted Ms. Stahl's resignation and authorized the hiring of a person with final employment approval being presented to Council at the April 23, 1990 meeting. RECOMMENDATION - It is my recommendation that Li Vee be employed as secretary. Linda has extensive office experience including; phones, public contact, word processing using Word Star, Lotus 123 and dictaphone use. It is recommended her employment start April 23, 1990 at a starting rate of S9.795 per hour (Level IV, Step 1). TO: Mayor and City Council FROM: Mark E. Bernhardson, City Admlnlstrato Forwarded recommending approval. PROPOSED MOTION - Moved by _, se onded by _, that Council approves the employment of Linda Vee as secretary effective April 23, 1990 at a rate of $9,795 per hour (Level IV, Step 1). Ayes __ Nays __. Tom Kuehn, Finance Director Personnel File 41690.5 TO: Mayor and City Council ritOH: Mack E. Becnhardson, City Administrator DATF: April 18, 1990 SUBJECT: Highway 12 Corridor Meetings nCOUNCIL MEETIN6 APR 231990 CITY OF ORONO Attachments:A. Trunk Hwy 12 Corridor Advisory Board 3/28/90 B. Highway 12 Technical Committee Meeting Memo Dated 4/18/90 ISSUE - 1. Presentation to Council of information presented at the April 17, 1990 Technical Committee meeting. 2. Reminder of the upcoming April 25, 1990 Policy Committee meeting at 5:00 P.M. at the Orono Council Chambers. INTRODUCTION - Attachment A represents information presented to the City on this issue. In addition a regular schedule is that the Technical group will be meeting the third Tuesday of every month at 1:00 P.M. at Delano and that the Policy group will be meeting on the fourth Wednesday of the month at 5:00 P.M. also at the Orono Council Chambers. DISCUSSION - In a discussion with Steve Hay of MnDOT it is anticipated the consultant will be officially "on board* for the Hay round of meetings and at that time hopefully have a preliminary timetable for the process. It is expected interviews will be held at the May 14, 1990 Council meeting. The first meeting will probably not be schp'duled before June. No action is required. TRUNK HIGHWAY 12 CORRIDOR ADVISORY BOARD Wayzata to Delano The Minnesota Department of Transportation (ra/DOT) has begxin a study to exeunine the upgrading of Tininic Highway 12 from Wayzata to Delano. The consulting engineering firm of Howard Needles Tammen & Bergendoff has been hired to assist MN/DOT with this study. A Project Team will be assembled consisting of members of MN/DOT and the consulting firm to complete the necessary documentation for the project. ^ ^To facilitate the project development process and to provide an avenue for input from the communities adjacent to T.H. 12, the formation of the Trunk Highway 12 Corridor Advisory Board has been initiated. This Board will be comprised of three separate groups: The Technical Committee, -^he Policy Committee, and The Citizens Committee, These groups will meet separately as well as jointly and their responsibilities will overlap somewhat. The general function of each group is outlined below. Technical Committee The Technical Committee will work directly with tte Project Team to identify potential corridor locations and the impacts associated with each alternative. The primary issues that this group will be concerned with include environmental impacts, access, and geometries. In addition to representatives from each community this committee may also have members from other federal, state, and local agencies, such as: the Minnesota Department of Natural Resources, the Federal Highway Administration, the U.S. Fish and Wildlife Service, the Metropolitan Council, and Hennepin and Wright Counties. Policy Committee The primary responsibility of the Policy Committee will be to <dentify how each alternative affects the plans and policies of each municipality. Issues will include conformance with comprehensive plans, and access to business districts. Citiz*»"« rnmmittee The Citizens Committee will provide input and reaction to the various alignment alternatives. They consider the impacts to schools, parks, pedestrians, and other community factors. They will also serve as a liaison between the Project Team and the community at large. Th« general purpose of the Corridor Advisory Board is to provide input to the ri"oject development process from a diverse section of people. This organization will allow input from municipal governments, city staffs, and the general public. It is anticipated that these groups will be loosely organized initially and that they will be allowed latitude in defining their own function to a degree. Each group will provide vital input to the project development process but will not have specific decision making authority. Location decisions will be achieved through the environmental docnimentation process, in accordance with the National Environmental Policy Act (NEPA) and the Minnesota Environmental Quality Board (MEQB). This project will be developed in accordance with the federal Two-Tiered Environmental Impact Statement process. This will allow the earliest possible location decision to be made so that the appropriate right of way can be protected. The scoping process is anticipated to last approximately one year. The Tier 1 EIS will take an additional one to two years. The entire project development process normally takes from six to ten years for a project of this magnitude. March 28, 1990 TRUNK HIGHWAY 12 CORRIDOR ADVISORY BOARD Technical Committee - Policy Committee March 28, 1990 4:00 p.m. Orono High School Cafeteria Meeting Agenda Introductions. Project status. Project development process. Role of the advisory boards. Data needs. ** Futiure meeting times and location. 3 \1. . .. ... ■ VVV.i. vIj/-••><:> ** Data Needs - To assemble the base mapping to be used in selecting and evaluating corridors, the following data will be required: - Zoning maps - Land use maps/plans - Golf courses - Parks - Schools - Cemeteries - Development plans - Farmlands - Wetlands '■^-3 ■1 i-j TRDNK HIGHWAY 12 PROJECT DEVELOPMENT PROCESS 1. INVENTORY - Assemble all relevant maps, data, plans, policies, etc. from all affected cities, counties, and agencies. - Prepare a base map to be used in evaluating corridor alternatives. 2. TRAFFIC FORECASTING - Forecast traffic volumes such that the impacts of potential corridor locations can be determined. 3. SCOPING - Identify all potential corridor locations. - Identify and describe potential impacts of aach alternative. - Prepare Scoping Document for publication. - Conduct public Scoping Meeting. - Prepare Scoping Decision Document (SDD) based upon agency and public comments. The SDD will recommend a limited number of alternatives to be advanced for further study in the Draft Environmental Impact Statement. 4. TIER 1 DRAFT ENVIRONMENTAL IMPACT STATEMENT - Evaluate all potential impacts ‘of corridor alternatives to a level of detail sufficient to make a location decision. - Prepare Draft Environmental Impact Statement (DEIS) for publication. - Conduct public hearing. 5. TIER 1 FINAL ENVIRONMENTAL IMPACT STATEMENT - Revise DEIS to incorporate public and agency comments. - The FEIS will select an alternative as the preferred alignment. 6. RECORD OF DECISION - Publish the Record of Decision (ROD) establishing the preferred alternative. 7. RIGHT OF WAY PROTECTION - Begin to protect and acquire the necessary right of way for the selected alternative. 8. TIER 2 ENVIRONMENTAL IMPACT STATEMENT - Prepare the Draft and Final Tier 2 Environmental Impact Statements. 9. ROAD DESIGN - Complete the detail design of the roadway. 10. ROAD CONSTRUCTION ■ If time, $, and personnel resources are not available for a traditional EIS, another approach can be used. This approach is....... TUlOcS T-S:! gHVZHOi^NTAL AKALYEiii Tier 1 Location Studies « I |1 < * o jll °!_i ■ U Tier 2 ill lil 111 OK ___________ . I o Total overall work effort is the same, o All major issues are addressed in merged fashion R/W Acoulsltion __________isg ____________________ f^S7m€33 esveiregs es^ bpcsd Ssgiuss : o Purpose and Need (project concept need not be fully developed) o Land Use and Economic Impacts o Location alternatives o Description of affected environment Ffegl^ TS®g SESS Eruv5iTfflnjv3S3Ta-ail AncJysla — Must Gsdrsas oil elements critical to selecting location FOR EXAMPLE : o Longitudinal floodplain encroachment o Relocation (where appropriate) o Wetlands, other 404 permit issues o Endangered Species o Section 4(f) (incl. historic sites) IDass^sisa .(c t ■EXCEPT when issues are critical o Farmlands o Social Impacts o Air Quality Ciia5i2ltatiyg Disoussioa (coat'd) o Noise o Water Quality o Floodplain o Historic and Arch. (106 but not 4(f)) o Etc. AdglHilgagd yjgg^ Tiss* Csatgat o Description of process for subsequent project development 8c tier 2 o Mitigation concepts and process T5(Sg o More detail on environ, consequences o Analysis of Design Alternatives o Detailed discussion of mitigation o Detail for permit applications o More preliminary design o More field work DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING LOCATION ALTERNATIVES ANALYSIS TIER 1 TIER 2 Identify all reasonable allernatlyes -—..... ......... necessary to satisfy Sec 4(f), NEPA, Sec 404, bridge permits, etc. DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING SEC 4(F) - PARKS. REC, &: REFUGES TIER 1 TIER 2 All 4(f) findings complete -------------------------------- DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING Section 404 and Wetlands TIER 1 TIER 2 Approximata watland size, Datallad dallnaatlon of Values and functions. wetland boundarles(with Hescriptlon of mitigation field verification) Complete plan concept. mitigation plan. Wetland Source: Inventory maps finding. File permit DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING ENDANGERED SPECIES TIER 1 Consultation with U.S. F&WS Is completed. TIER 2 distribution of merged environment PROCESS UNDER TIERING ~~ • SEC 4(F^ - HISTORIC SITES TIER 1 TIER 2 Determine APE 8k eligibility. Physical take----------->complete No physical take----------> 106 process. Complete all complete 106 process. Sec 4(f) findings DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING ____________ARCHEOLOGY _________ TIER 1 TIER 2 General description of area's Archeological surveys. Field archeological resources. testing. Development of Source: aeriol photos, existing documentation. recovery plon. Complete 106 process. DISTRIBUTION OF MERGED ENVIRONMENT PROCESS UNDER TIERING NOISE TIER 1 Qualitative discussion of areas potentially impacted. ■TIERS Detailed noise analysis. Decisions on abatement measures. o Meets corridor preservation objectives ' Oui.: r .ess expensive o Less demand on personnel resources o Fully sanctioned by CEO o Includes other agencies in location studies by merging processes EXHIBIT B 41890.IHD To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: April 18, 1990 Subject: Highway 12 Technical Committee Meeting - April 17, 1990 On April 37, 1990, the Highway 12 Technical Committee met at the Delano Council Chambers. Present were Steve Hay from MnDot, and representatives from Independence, Orono and Long (unofficial). nDot, Lake Steve Hay stated that there was not that much to discuss at this time and again asked everyone for information requested previously (comprehensive plans; park, school and zoning maps; etc.). A consultant should be appointed by the next meeting. The monthly meeting will be every 3rd Tuesday at 1:00 p.m. at the Delano Council Chambers. TO: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: April 18, 1990 390.2HD M£ET«fi 23 1990 ^f^OFOROffOSubject: Employment - Public Works On November 28, 1989, Mr. Wayne Quast was promoted to Public Works Supervisor Level I. This created a vacancy in the maintenance worker position, therefore we advertised and received several applications for the position. The maintenance worker position ::equires working in all phases of Public Works such as streets, sewer and water, parks, etc., which is the same job description as the two most recent hired employees. After review of all the applicants, Mr. Gregg Palmer of seems best qualified for the position. Recoamendation - To em^ loy Hr. Gregg Palmer as maintenance worker tor the Public Works Department, conditioned upon a favorable physical examination and stress test, at a starting hourly rate of $10,353 as per the City of Orono Compensation Plan of Level 5, Step I. Proposed Motion - Moved by ___, seconded by ___, to employ Gregg Palmer as Maintenance Worker I for the Public Works Department effective upon a favorable physical examination and stress test at a starting rate of $10,353 per hour as per the City of Orono Compensation Plan of Level 5, Step I. Ayes _ _, nays _ _. To: Mayor Grabek S Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. 41890.11 TO; Mayor and City Council FROM: Mark E. aernhardson, City Administrate DATE: April 19, 1990 SDBJECT; North Tonka Crime Prevention Coalition <^HCILMCme APR 23 1990 ^‘TYOFOROHO Attachment; A. North Tonka Crime Prevention Coalition Request for Approval B. Crime Prevention Association Memo Dated 4/5/90 ISSUE - Appointment of Board of Director’s for the North Tonka Crime Prevention. INTRODUCTION - The Organizing Committee that was appointed by the council at "their April 9, 1990 meeting has recommended a slate of candidates for the Board of Directors. It would be this group who would then adopt the by laws of the organization and incorporate, A slot is left open for an interested 0-ono Councilmember. It is anticipated the appointed Board would ncorporate at a meeting scheduled for 5/9. RECOMMENDATION - That the Council after determining if any Councrimember is interested in serving approve the Board of Directors set forth in Attachment A. PROPOSED MOTION - Moved by , seconded by , to appoint Councilmember ___ to the BoarT^of Directors of the North Tonka Crime Prevention~Coalition. Additionally Council approves the Board of Directors as set forth in Attachment A. Ayes __, Nays TO: FROM: MEMORANDUM Mark Bernhardson, City Administrator Organizing Committee North Tonka Crime Prevention Coalition SUBJECT: Request for Council Approval The organizing committee of the Crime Prevention Coalition is nearing completion of the documents necessary to incorporate the organization and apply for tax exempt status. They have also identified the following slate for the Board of Directors. Terry Albers Janice Berg Michael Byrne Eugene Deterling Richard Erickson Melvin Kilbo Bert Lindahl Gretchen Menzel John O’Sullivan Desyl Peter*ion Jerry Rockvam Arlo VandeVegte Albers Jewelry, Long Lake Orono resident, Organizing Committe Member President, Long Lake State Bank Orono resident Pastor, Trinity Lutheran Church Orono Police Chief Minnetonka Beach resident Orono resident, Organizing Committee member Orono Council Member O’Sullivan Texaco, Navarre Orono resident. Organizing Committee Chair Mayor of Spring Park Rockvam Boat Yard Long Lake city attorney The organizing committee believes that this is a good representatl.-.,n of the different commercial and residential areas to be served by the coalition. The proposed by-laws provide for a Board of 9-15 Directors. Three openings remain if additional people would like to serve on the Board. The first meeting of the Board has been tentatively set for May 9, 1990 at the Pannekoeken Huis Restaurant in Long Lake. The committee requests approval of the Council for the proposed Board of Directors for the North Tonka Crime Prevention Coalition. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: April 5, 1990 SUBJECT: Crime Prevention Association Attachment: A. Orono Crime Prevention Memo Dated 4/4/90 ISSUE - 1. Determine if Council will authorize a change in name. 2. If Council will authorize the appointment of an organizing committee. 3. Determine if Council will authorize the organizing committee to: A. Incorporation and publishing B. Nomination of first Board of Directors for Council approval. INTRODUCTION - AS noted in Attachment A the Crime Prevention Fund has been "limping" along and has solicited money and worked with the 3oard of Directors but has never been formally incorporated. Renewed interest in the Association has assisted in moving this issue forward and it is now at a point that it would require Council approval to enact the changes needed to fully incorporate a Board. ALTERNATIVES - 1. Adopt the recommendations as presented. 2. Table for further discussion. 3. Choose not to approve one or all of the three. RECOMMENDATION - It is recommended that the Council adopt the recommendations outlined in Attachment A regarding: A. Name change to "North Tonka Crime Prevention Coalition" B. Appointment of a an organizing committee C. Authorization for the organizing committee to complete the incorporation and nominate a Board of Directors for Council approval. PROPOSED MOTION - Moved by _, seconded by _, that the Council authorizes the following; a. ) name change from the Orono Crime Prevention Fund to the North Tonka Crime Prevention Coalition, b. ) appoints the following personnel to organizing an incorporating committee and c. ) authorizes that committee to complete incorporatifn and make a nomination of Board of Directors to be approved by the Council. Ayes __, Nays DATE: April 4, 1990 TO: The Honorable Mayor and City Council Members FROM: Mark Bernhardson, Otono City Administrator RE: Orono Crime Prevention Association '^ex/r In 1983 the City Council adopted a resolution authorizing the form­ ation of a crime prevention association in the City. The purpose of the organization was to raise funds and undertake activities for the prevention of crime and the apprehension of criminal offenders. While the Police Department has undertaken certain activities in this regard, the organization itself has stalled. The process for incor­ poration has never been completed. A number of citizens remain inter­ ested in the organization, however, and they along with some new volun­ teers hope to move forward. A group of them has recently formed with purpose of finishing the incorporation process, recruiting the first Board of Directors, and organizing a plan of action. The members of this group are: Desyl Peterson, Charlotte Hill, Thelma Wright, Sharon Gehrman, Bill Stubbs, Diane Weist, Gretchen Menzel, Janice Berg, John O'Sullivan, Dean Molin and Lillian Stubbs. They are recommending to the Council that the name of the organization be changed from Orono Crime Prevention and Criminal Apprehension Fund to the "North Tonka Crime Prevention Coalition". This reflects the fact that citizens in all four cities patrolled by the Orono Police Department are participating in the organization. Further, they are requesting that the Council give them the authority to complete the incorporation and nominate the first Board of Directors for Council approval. These citizens are committed to organizing the association and provid­ ing it with a solid basis for effective action in the future. They have already provided invaluable documents and organizing records. Recommendation: That the Council adopt a motion to: 1. Approve the change of the proposed name from Orono Crime Prevention and Criminal Apprehension Fund to North Tonka Crime Prevention Coalition. 2^ Authorize the formation of the North Tonka Crime Prevention Coalition Organizing Coimmittee consisting of the following people: Desyl Peterson-Chair, Charlotte Hill, Dean Molin, Gretchen Menzel, Diane Weist, Janice Berg, Chief Kilbo as advisor. 3. Authorize the Organizing Committee to complete the incor­ poration of the Coalition and nominate the first Board of Directors for approval by the Council. TO: Mayor and City Council PROM: Mark Bernhardson, City Administrator DATS: June 5, 1985 SOBJBCT: Crime Prevention Fund In 1983 the City Council passed a resolution authorizing the establishment of a non-profit crime prevention fund for which articles of incorporation as a non-profit had been drafted. The remaining action that needed to implement the program was solication of names and appointments of individuals as the original members, a miniuium of five persons, to commence the organization. Establishment of the organization as outlined is typical o£ such crime prevention funds in the Metropolitan Twin '■ty area. Staff is bringing back the formation of the crime prevention fund to get Council direction on the following; A. Estab 1ishment - Whether they want to continue and have such an organization established. B. Initial Directors - If so give staff names of possible candidates for initial established member­ ship that staff would then contact to see if there is an interest by June 24th. C. Appointment - Given the interests staff would bring back recommendation on July 8th for appointment of those individuals followed by review of the articles of incorporation by the City Attorney with an estimated date initial organization meeting by August 15th. D* §.££E® °1 Organization i®£V£ce - As a final consideration for the CouncTl for the 24th in relationship to appointment of initial individuals is whether this would be an Orono based organization or based on the area that the Orono Police. Department serves. It is staffs recommendation that such a crime prevention fund and organization would provide the City with a focus for its crime prevention efforts and provide an avenue for interested individuals to assist in this area. Possible directions for this group would include distance in the area to establish: Executive Security Neighbors Home Watch Operation Identification Monies - Undercover usage Crime Prevention communications to the communities Child I.D. programs 'it is the staffs recommendation that we go forth with the crime prevention program and recommend that it done for the entire Orono service area. It is additionally recommended to the extent that there is an interest that a least one Counci Imember from Orono be appointed to the board. TO; Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATE: April 19, 1990 SUBJECT: Westonka Senior Center Week 23 1990 ^^^OFOfioiiQ Attachments: A. Westonka Senior Center Memo Received 4/19/90 B. Proposed Resolution ISSUE - Determine if Council desires to adopt proposed resolution to'^oclaim the week of May 7 - 11 as Westonka Senior Center WeeK. DISCUSSION - Attachment A is a request from the Westonka Senior Center Friends to adopt Attachment B to proclaim Westonka Senior Center Week May 7-11. RECOMMENDATION - It is recommended that Council adopt the proposed resolution to proclaim the week of May 7 - 11 as Westonka Senior Center week. PROPOSED MOTION - Moved by _, seconded by _, that Council adopts Resolution # to proclaim Wisstonka Senior Center Week May 7 - 11. In addition Council commends the senior citizens on their achievements and contributions to the community. Additionally the Council commends the staff at the senior center for their efforts and commitment. Ayes __, Nays __. ' , ** HOME OP THE^STONKA SENIOR CITIZENS. INC. • 5600 LYNWOOO BOULEVARD MOUK^tA^NNESOTA BS364 ’ ' IOTSI5»y, CLSB^SPB yrj-ejv> <*%|7 ot ^ c-<-^ JA-C^Ct-t-C-jL. V ‘-'V' >t Non-profit Om»nlr*tlon Sarving The Cammunltia Of Mound • Oro/io • SP^Aiy Park • Uinnatrlata WESTONKA SENIOR CENTER WEEK MAY 7 - 11 WHEREAS, we need to realize now, more than ever, what a resource our older Americans are, and that the abilities of older Americans to invest our country with their knowledge, creativity and experience cannot be denied; and WHEREAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, encouragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHEREAS, the month of May has been proclaimed Older Americans Month, and communities across the country are giving special recognition to the role of senior centers. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council proclaims May 7 - 11 as "Westonka Senior Center Week" in our community to honor our senior citizens, and to commend those who staff bur senior center and who have been so successful in their efforts to assist our senior citizens to continue their involvement with and contribution to the community. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 23, 1990. James R. Grabek, Mayor Dorothy M. Hallin, City Clerk d:5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate DATE: April 18, 1990 SUBJECT: Administir's Information WMaiMECTIKG APR 23 1990 oforoho LOGO CONTEST - The LOGO entries are being forwarded to the Committee Members to determine if they would desire to extend the deadline or base the contest judgement on those entries already submitted. ALBRECHT CONTRACT - The City Attorney has issued formal notice termination of the contracts to Albrecht Excavation Inc. Albrecht has 10 days from receipt of notice to respond. The 10 days expire during the week of April 23, 1990. Staff is in the process of obtaining quotes for the completion of the work so that we can be ready to proceed as soon as possible. (See Attachment) WATNk pim: ■ ■ft D. W,l. lAM KAorMAN EaS"-%V-*.",,, ew POPHAM, Ha IK, SCHNOBRICH & K a UFMAN, LTD. 3300 PIPER JAFPRAY TOWER ' MINNEAPOLIS, MINNESOTA SS402 TIMOTHY W. KUCK BRUCC A. PCTCRSON RUTH A. MICKCLStNEm. iifS" JOHN C. CMIkOS OiRARD R. MILkCR MARK B. RCTCRSON TCLCPHONC ei2 333* 4800 TCLCCORICR 1331 812*334-2713 1321 ei2*334-276l ■ 311 612*334-2903 SUITE 2AOO laOO SCVCNTCCNTH STRCCT DENVER, COLORADO 80202 TCLCPHONC 303*093-1200 TCLCCOPICR 303-BB3-2I94 suite 300 SOUTH IBOO M STRCCT, N. W. WASHINOTON, D. C. 20038 TCLCPHONC a02-S2B-S300 TCLCCOPICR 2O2-S20-S3ia DIRECT DIAL NUMBER 334-2676 JANNA SCVCRANC CLLCN L. MAAS ORCOORY O. SCOTT ROBERT C. CASTLC JULIC FLCMINO-WOLF OUANC R. NOeCKCR S","SacNOCi„n LINDA S. FRICONCR or ceuNSCL FRCOU MORRISON JUOITH YOUNOCR ■a CMirOMukMS ««tl INCLUOINO THE FORMER LAW f r HAUPCRN & ORUCK April 12, 1990 Albrecht Excavating Inc. 1408 County Road C Roseville, MN 55113 RE:Project 13940 LS 10 & 43 Replacement Project 13939 Highway 12 Sewer and Water Dear Sir or Madam: I have received copies of letters from Glenn R. Cook of Bonestroo, Rosene, Anderlik & Associates, Inc. dated April 3, 1990 with regard to the above cited contracts. This letter serves as written notice of the City's Termination of the Services of Contractor pursuant to Section 12.2.1 of each of the contracts, for failure to fulfill contract obligations under each of the contracts. AS provided in each contract, the City will proceed to finish the Work as it may deem expedient. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Very truly yours. Glenn R. Cook John Gerhardson Thomas J. Barrett ZTJB213 iiilMI POPHAM, Haik , Schnobrich & K aufman , Ltd. 3300 PIPER JAPFRAr TOWER MINNEAPOLIS. MINNESOTA SS402 WAVNC O. PQPHAM a MARC VMHITCMCAO •RUCC O. WlUUS o. WILLIAM KAUFMAN THOMAS M StPKINS KATMLtCN M. MARTIN JOHN C. CMILOS OOUOL>S R. SCATON ~S£.. iiKif CLIZA8CTH A.THOMPSON rCLCPHOMC 612 033-4SOO TCLCCC'*ICR (331 6I2-33A-27I3 (321 ei2-334-27e( I3M 6I2-33A-2503 SUITE 2AOO ISOO SCVENTCCNTH STREET DENVER, COLORADO S0202 TELEPHONE 303>S93 ‘I200 TELECOPIER 303-a»3*2l9A SUITE 300 SOUTH laoo M STREET, H. W. WASHINGTON. D. C. 20030 TELEPHONE 202-82a-S300 TELECOPIER 202-a2a*S3ia DIRECT DIAL NUMBER 334-2676 ELLEN L. MAAS LOUIS P SMITH BRUCE M. LITTLE MATTHEW E. OAMON JOHN W. PROVO OREOORY O. 8ROOKER JULIE FLEMIHO-WOLFI OUAHE ». NOECKER OEE ROWE 5t.t5A “»*«Vm.*I«0 JOT M. WALOERA OPiF! iNCLUOINO THE PORmCR LAW FIRM OF HAUPERN & ORUCK April 12, 1990 iifj Indiana Lumbermen's Mutual Insurance Company 5550 West Touky Avenue Skokie, IL 60077 RE: Project 13940 LS 10 & 43 Replacement SBP 120-536-639 Dear Sir or Madam: I have received copies of letters from Glenn R. Cook of Bonestroo, Rosene, Anderlik & Associates, Inc. dated April 3, 1990 with regard to the above cited contracts. This letter serves as written notice of the City's Termination of the Services of Contractor pursuant to Section 12.2.1 of each of the contracts, for failure to fulfill contract obligations under each of the contracts. As provided in each contract, the City will proceed to finish the Work as it may deem expedient. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Very truly yours, Glenn R. Cook John Gerhardson ZTJB213 Thomas J. Barrettm PopHAM, Haik , Schnobrich & K aufman , Ltd.3300 PIPER JAFPRAY TOWER MINNEAPOLIS. MINNESOTA 55402 :r;:oVor::,r POOCR W. SCHNOBR.CM O. ROBCRT .JOHNSON OAKY m. MACOMBCR FRCOCRICK C. BROWN JCFFRCV S. HALPCRN BRUCC O. MALKCRSON JAMCS R. STCILCN JAMCS B. LOCKHART ALLEN W. MINDCRARCR LARRY O. CSPCL JANIE S. MAYERON ill. ill: BRIAN N. JOHNSON TELEPHONE 613 4600 TELECOPIER 1331 6i2-334-37l3 321 ai2-334-276l 311 6I2-334-2S03 SUITE 2400 ■ too SEVENTEENTH STREET OENVCR. COLORADO 80202 TELCP»’ONE 303‘«03-iX00 TELECOPIER 303-BBS'SIS^^ SUITE 300 SOUTH I0OO M STREET, N. W. WASHINGTON, O. C. 20038 TELEPHONE 20a‘B2a-S30C TELECOPIER 202-Saa-S3lS DIRECT DIAL NUMBER JANNA severance ELLEN L. MAAS PALMA S. PONESSA CRAWFORO 0EBOp’'‘‘HrS?80N ‘’^' 334-2676 MATTHCW C. OAMON PATRICIA A. O'LEARY KAREN R. COLE JUDITH YOUNOER : FORMER LAW FIRM OF HALPERN & ORUCK Bffi April 12, 1990 m Capital Indemnity Corporation Surety BOX 5900 Madison, WI 53705 RE: Project 13939 Highway 12 Sewer and Water #129917 Dear Sir or Madam: I have received copies of letters from Glenn R. Cook of Bonestroo, Rosane, Anderlik & Associates, Inc. dated April 3, 1990 with regard to the above cited contracts. This letter serves as written notice of the City's Termination of the Services of Contractor pursuant to Section 12.2.1 of each of the contracts, for failure to fulfill contract obligations under each of the contracts. As provided in each contract, the City will proceed to finish the Work as it may deem expedient. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Very truly yours. Glenn R. Cook John Gerhardson ZTJB213 Thomas J. Barrett am < I r ? i ^4 LIST OF LICZHSES FOR COUNCIL APPROVAL FOR MEETING OF Anril 23. 1990 Septic System Installer - Hayes Excavating Route 1, Box 202, Montrose Cigarette License - William Wear Orono Shopping Center COUNCIL MEETING APR 231990 CITY OF ORONO Mike Mehner Crystal Bay Service Richard Keaveny Keaveny's Navarre Drug Don Scherven Navarre Lanes LeRoy Koehnen Navarre Amoco Steve Corl Navarre Liquors Inc. .•jr:'.. -rr. ‘ • ITYof ORONO Crystal Bay, MinncsoU 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION BUILDING & ZONING - 473-73S7 ASSESSING All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period. trade name -f-JA ye.£ 2. Business address \ ga-xoo} Vn ii/t f I V7t-3M/3. Business phone 9-7.a. ? ,Ty i Residence phone Name of applicant or company representative holding MPCA certification _ _ _ _ 5.Type of certification held: ‘X Installer _ _ _ Pumper ____ Site evaluator ____System designer . Is this a Provisional Certificate? h/o Certificate No. bt " 6. If no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediateli prior to the current construction season. 7. 8. Have you ever held a Septic System Installer license in Orono before? ya* Most recent year 1^/9 CITY QF on Have you ever had a license revoked? ytt> When? Fli^^CE fWhere? Do you do Municipal Sewer hook-ups? Yes_ _ _ ^ No 10. Do you pump out septic tcuiks? Yes_'kM SUBMITTALS REQUIRED: 1. $25.00 license application fee. ^^-2. $2000.00 license and permit bond naming City of Orono obligee. The State Plumbers Bond will not be accepted* /j|^ 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On-Site Sewage Treatment Workshop held immediately prior to current construction season. 3,/—^ y LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license n,/ jJa.^A/a The undersigned hereby makes application to the City of Orono, Minnesota, for.license to install and repair septic systems, and/or pua^ out septic tEuiks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date i - ‘to .«fb Applicants Signature Staff recommendation (feproya]&^j^^^^^rDenial Reason for denial: _ _ _ _ _ _ _ _' _ _ _ _ _ _ City Council Action Date Date license marled _ _ _ Date H -‘90 Approved cii 1 of Post Ofllo* Box 66«Cry>tal Bay. Minn«aota55323*MimidpalOfBeM 413>73n FAX-4734510 APPLICATIOH FOR LICENSE 10 SELL CIGARETTES AT RETAIL Ocono Municipal Code Section 5.24 1. Name of Applicant ty/y///y AA:/\ IfJ^Zlsr'_ _ _ _ Mailing Add-ess 19 City/State/Zip Code 3 S~~K Phone Number *7^ 2. Sales Location: Name /Qyr — Street Address Mailing Address Phone Number ^ l7/p CC^Y 3. Principal business carried on at this location Ci?y iF Qum ymm cfficE TUUmTZ 5.00 .00 i3lT2UU^..01 ££» Method of Sales: Over Counter ^ -rrss—=—(Vending machine sales prohibited pet Ordinance 81, 2nd Senes Effective date 5/1/90.) ISMMW)f ordinances of the City of Otono during the following quarterly periods: Feb-Mat-Apt LICENSE rEtfS - - - -Mav-June-July^!!) Expiration date of license, Jan. 31, -- - - paeh veat. Annual license fee is Aua-Seot-Oct $20.00. Where applicable, as in the - - - ’ ^ case of seasonal sales, this may be Nov-Dec-Jan pro eated by quarters, at $5.00 pet quarter. Hake remittance payable to; CITT OF ORONO Signature of applicant Dated - - - - - - --— Oil 1 OI 0iUA%0Poat Offic* Box 66 •CrysUi Bay, MilineMta 55323 •MttiiicxpaiOflicaa 473-7351 f:\x-473jw 10 APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL Otono Mu iral Code Section 5.24 1. Name of Applicant MiUpNcua« Wi. nyy.k.AW.ca4aw » ^ Mailing Address iWor^K C) P U-9 City/State/Zip Code QPOPiO M iHfV h>S I Phone Number 2. Sales Location: Name Q>^>s) S>er\;lcQ Street Address ^ Q ^ 1\)Q fA^ V\ 0 r^ Mailing Address Phone Number Mr>r^iV\ S>horg Oi 3. Principal business carried on at this location S^g r V Icg UjOr U 4. Method of Sal es: Over Counter _ _ _ _ _ _ __ , ^ ^ . (Vending machine sales prohibited per Ordinance 81, 2nd Series. Effective date 5/1/90.) I hereby make application for license to sell cigarettes at retail at the above location subject to the laws of the State of Minnesota and the ordinances of the City of Otono during the following quarterly periods: "7 Feb-Mat-Apt May-June-July ^Aug-Sept-Oct Nov-Dec-Jaii LICENSE FEES Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quarters, at $5.00 pet quarter. Make remittance payable to: CITY OF Signature of applicant Dated r\jpivLl. 3HOHO mJAL Ciix 1 or oru/inoPoatOffio*BaB66«CnrMiB*y.>GniMntaSS323«M«BicipalOfBisM «73.739t EM-4TMSM APPLICATION FOR LICENSE TO SELL CIGARETTES AT RETAIL Otono Municipal Code Section 5.24 I.SSHO^ 19^6 1. Name ot J^plicant Mailing Addeess _ APR 1 7 1990 City/State/Zip Code Phone Number _ _ _ _ .S~;?/g//OC Z^/^/c AiAJ cri/ r~________________ 2. Sales Location; y Name Street Address Mailing Address Phone Number _ ^/) /^r?/I.O 3*7 3. Principal business, carried on at this location /V-y /.//''c-^_________ t7?y Of offfl® iWfflt' "i5.00 J5.00 4. Method of Sales; Over Counter X Other 04/19/9 cietnoa aax*=ai a , ^{Vending machine sales prohibited per Ordinance 81/ 2nd Senes. Effective date 5/1/90.) I hereby make application for license to sell cigarettes at retail at the above location subject to the laws of the State of Minnesota and the ordinances of the City of Otono during the following quarterly periods; Feb-Mat-Apt May-June-July TT", Aug-Sept-Oct Nov-Dec-Jan LICENSE FEES Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this pro rated by quarters, quarter. may be at $5.00 pet Hake remittance payable to; Signature of applicant Dated pfrr^ of'oIbono Ciii 1 or otruinoPortOfflo.Bo»6S*Ciy*ttlB«y.Miiiii«iiU55323»MBiiieip«IOfflc«fi^4TJ.TM» FAX-4TMS11) 3 iMin »PPLICATIOH FOR LICENSE TO CIGARE^ AT HEXAit Orono Municipal Code Section 5.24 ^ 1. Name of Applicant Mailing Address _otro ^s/\y City/State/Zip Code ___fP{ ff ^ ^ Phone Numbec (/ 7^ ( —------------------ A <= Y 2. Sales Location: Name _________A/A 1//9 ^ ------A-4 i>/^_Z.Lm street Address _ Mailing Address Phone Number _ </■/(>/e f A e- S-A r"/ ... r ifi a':Tjs?z^ 1/7, — 3. principal business carried on at this location 4.■;5Sn3t4 5aiK.n=rS!; ^nd s.= .... Effective date 5/1/90*)Effective aat« ^/x/^v.z I h.e.by nake o^e eh«^StatV "oV*ainn.30ta and tha L“d7Vd«%“V“=Vkr«< Onano da^in, th. foUowin, ,nak„kly p.naoda: (l _ --------------eW0C Feb-Mar-Apr ty May-June-July l/ Aug-Sept-Oct y<C. Nov-Qec-Jan Expiration date of -ff »ach year. Annual license ho.00. Where fPP^^‘=®'^^thirmay becase of seasonal sales, this ^ pco rated by quarters, at $5.00 per quarter. Make remittance payable to: CITT OF Signature of applicant Dated C-IX 1 OiPom Offic* Box 66«CrysUi Bay, Miiui«oU S5323*Muakipai OfBcaa FAX-4734)510 APPLICATIOH FOR LICENSE TO SELL CIGARETTES AT Otono Municipal Code Section 5.24 ^’’Isso ‘io Malllno Address ' ritv/State/Zio Code f!/^1/•5‘5'?‘7 5- Phone Number V7/ 2. Sales Location: Name <f.,T Street Address Mailing Address <rr'?9 ti Phone Number an CITY OF or<m 3. Principal business carried on at this location _ _ _ _Q7-»e-r t'o*^ ‘LSLJI-S 4‘. Method of Sales: Over Counter V a . —:- - -(Vending machine sales prohibited pet Ordinance 81, 2nd Series. Effective date 5/1/90.) I hereby make application for license to sell cigarettes at retail at the above location subject to the laws of the State of Minnesota and the ordinances of the City of Otono during the following quarterly periods: Feb-Mat-Apt ^ay-June-July Aug-Sept-Oct Nov-Dec-Jan LICENSE FEES Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quarters, at $5.00 per quarter. Make remittance payable to: CITY OF Signature of applicant Dated -y C(1X 1 Of UKUi^OP(MtOfflc*B<n66<CryaUlBar,IkCim«MU5B323«MimidvalOffio« 473-TJM FAX-47MS10 APPLICATION FOR LICENSE TO SELL CIGABETTBS AT RETAIL Orono Municipal Code Section 5.24 Mailing Address mt ^ code 2. Sales Location: Mam« V\Wv5SK\^TL Street Address Vl \ \J t KVi-VtkVA \v\v Mailing Address Phone Number __ k«a on at this lOCStion r riy fit nmnJa jrcmwipcix uuaxii- l_\ (5 V5 &T 4.Method of Sales; Over Counter ^_ _ _ _ _ Other —>tli-obi (Vending machine sales prohibited pet Ordinance 81, 2nd Senes. Effective date 5/1/90.) I hereby make application for license to sell cigarettes at retail at the L"d7n\ncero^'^Vciiro%'o^ono%u\^^^^^^ the'^follovfin; quarterly periods: Peb-Mat-Apt LICENSE FEES Expiration date of license, Jan. 31, each year. Annual license fee is S20.00. 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X. -X X. »4» ^ ^ 4T DO O O O O m (0(0(0 rx so 0> o «4O ooo 0 0 0 -4 -4at at at at at at at at atat r>c*>n n «»i <n o cn c COUNCIl MEETING APR 23 1990 CITVOFORONO An Equal Opportunity Employer STATE OF MINNESOTA MUNICIPAL BOARD 165 Metro Square Building 121 East Seventh Place St. Paul, Minnesota 55101-2142 Phone:(612)296-2428 APR 1 8 1990 MEMORANDUM TO: Parties of Record FROM: Terrence A. Merri Executive Director DATE: April 16, 1990 SUBJECT: D-254 Orono/A-4710 Long Lake Pursuant to a request from the parties, the hearing scheduled for April 25, 1990 will be continued to a later date. You may not wish to be at the hearing on April 25th, as I will open the hearing only to take jurisdiction and continue the hearing to a later date. No te\ :imony will be taken. TAM:sjh An Equal Opportunity Empl STATE OF MINNESOTA MUNICIPAL BOARD 165 Metro Square Building 121 East Seventh Place St. Paul, Minnesota 55101-2142 April 17, 1990 Phone:(612)296-2428 i CTTVOF 0RC^*O APR 1 9 1990 Thomas J. Barrett Orono City Attorney Popham Haik Law Firm 222 South 9th Street 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 Christopher J. Dietzen Long Lake City Attorney Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Northwestern Financial Ctr. 7900 Xerxes Avenue, South Bloomington, Minnesota 55431 Po: D-254 Orono/A-4710 Long Lake Gentlemen: There has been some discussion in articles in the paper concerning negotiations between your respective clients concerning the settlement of the above-referenced matter. Are such discussions presently ongoing? If not, are you willing to meet to discuss the possibility of settlement of the above-referenced matter? I look forward to your response by May 1, 1990. your attention to this matter. Thank you for ■iWoi,, Terrence A. Merritt Executive Director TAMcsjh^ cc: tf^he Honorable James Grabek, Mayor of Orono The Honorable Art Kunze, Mayor of long Lake 41890.6 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: April 18, 1990 SUBJECT: Concurrent Detachment and Annexation ISSUE - Provide updated information on the annexation proceedings. INTRODUCTION - The City has been informed that the meeting on April iSth which was to be strictly a formality lasting no more than 15 minutes at which no specific action is contemplated apart from taking jurisdiction has been cancelled because of a lack of publication of their notice. Based on discussion between the Attorneys it is anticipated that the initial outline of motions by the City of Orono originally scheduled for May 5, 1990 may be changed. As more information is made available you will be made aw»-e. No action is required. MINUTES OF -mE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MARCH 12, 1990 1 7 1990 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, March 12, 1990. Present: Don Anderson Kitty Crosby James Franklin Absent: Dave McKown John Maresh Lucie Taylor Thomas Mich Hllliam Fenholt UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the~ a^pruvcu LMC niiiiui.c9 ui ulc February IC^UIOI mcctuiy^ - approved the minutes of the March 1, 1990 special meeting; - approved the addition of Health II, one semester course, to the Orono High School program of studies; - approved the bills as covered by vouchers 065448 through 065615. Sue Kueppers introduced David Griffiths, Vice President of the Middle School Student Council and Nicole Hendricks, President of the Middle School Student Council, to the Board and on behalf of the students of Orono Middle School, they provided the Board with information on the advantages/programs of the middle school. They presented a proclamation to the Board for approval in which they requested that March 11 - 17, 1990 be declared Orono Middle School Education Week, and that the public be afforded special opportunities to visit the middle school. 26,1990 1990 regular special meeting; meeting; UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the following proclama­ tion was approved: A PROCLAMATION ORONO MIDDLE SCHOOL EDUCATION WEEK March 11-17, 1990 WHEREAS, Orono Middle S ' ool education has a special and unique function in Orono's educational system and WHEREAS, adolescents are undergoing drametic ohysical, social, emotional, and intellect rowth, and are especially vulnerable anu WHEREAS, the habits and values established during early adolescence have critical, life-long Influence, and WHEREAS, this ihfluence impacts directly oh the future health and welfare of our lives, and WHEREAS, an adequate public understanding of the distinctive mission of Orono's middle school is necessary for this mission to succeed. Therefore, be it RESOLVED,that the week of March 11-17, 1990, be declared ORONO MIDDLE SCHOOL EDUCATION WEEK, and that the public be afforded special opportunities to visit Orono Middle School. PRINCIPAL / .L..^ STAFF REPRESENTATIVEax. CHAIRMAN OF THE BOARD BOARD MEMBER BOARD MEMBER SUPERINTENDENT IUDENT COUNCIL PRESIDENT BOARD MEMBER^ /1 ( X iTsK/1 iCmember ^boarC member BOARD MEMBER Warren Nelson reported to the Board on the activities that are planned for Orono Middle School Education Week including theme days, breakfasts for parents, a barbeque for groups that have supported the middle school, etc. Appreciation was expressed to David and Nicole for their presentation/efforts and to Wonju Kim for developing the proclamation on the computer. Warren Nelson provided the Board with information on the work of the Middle School Study Committee, established to review the middle school program, and he stated that the committee has been reviewing/studing national and state resour­ ces on middle level education. In addition to these resources, he stated that a survey had been sent out to parents with the idea in mind of utilizing the results, both strengths and weaknesses, to develop a blueprint for the middle school for the next five years incorporating the national and state recommen­ dations as they fit Orono. Connie Fladeland, Principal of Orono Primary School, provided the Board with information on individualized learning development aid that is available from the State of Minnesota for the purpose of improving primary level instruction. Ms. Fladeland stated that this funding is primarily provided to increase the amount of individualized attention for each student and to lower class size, but if the class size is at a satisfactory level the money can be used to ensure the implementation of individualized learning plans. She stated that her purpose at this meeting was to request authorization from the Board to make application for this aid. UPON MOTION Lucie Taylor, seconded by Jim Franklin, the Board of Education authorized the district to make application for K - 1 individualized learning development aid. Dr. Mich provided the Board with copies of the new registration guide for the high school. He expressed appreciation to Dr. Greenfield and the faculty for their work/efforts in developing this registration guide. He also passed out a brochure to the Board on the equity lawsuit stating that this will serve as a quick reference for them. Dr. Mich stated that the following four people have filed for the school board election: Don Anderson, Ann Cosgrove, Maryanna Massey and Peg Swanson; that congratulations are in order to the girls basketball team and Doug Erickson for winning the district title. Dr. Mich updated the board on the progress of the annual goals set by the Board for the 1989-90 school year stating that he is pleased with the progress that is being made on these goals. Another progress report will be provided to the Board toward the end of the fiscal year. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the School Board accepted the low bid of A.C.M., Inc., Long Lake, MN for asbestos removal at the middle school as recommended by Rodger Schaefbauer of Institute for Environmental Assessment. Lucie Taylor MOVED, Jim Franklin seconded, to reject the electrical bids on new constrii.'tion, under Division 1600 of the specifications, and call for new bids Ron Christenson, construction manager, was present and provided the Board with information on the electrical bids stating that voluntary alternates had been received following the bid opening and the school district attorney's recommen­dation was to reject the bids and rebid because the voluntary alternates were not a part of the base bid. Mr. Gerald Wagoner of Ridgedale Electric, Inc. was present and voiced concern regarding the bidding process. Mr. Christenson, in response to Mr. Wagoner's concerns, proceeded to provide explanation on the bidding process followed and stated that consultation had been held with the school district attorney to assure that the proper procedure was followed. Prompted by concern that proper consideration be given to this issue, Lucie Taylor MOVED to table the motion. Dr. Mich informed the Board that if the motion is tabled, there could be no further discussion of this matter until the next meeting (April 9) which could affect the construction schedule. Motion to table failed for lack of a second. The question was called on the motion. Failed unanimously. UPON MOTION by John Maresh, seconded by Kitty Crosby, the Board of Education accepted the low bids, with the electrical contract exempted, for the new construction as recommended by the Construction Manager. Mr. Christenson explained that in section 0950 (Acoustic Tile) the bid of Archi­ tectural Sales excluded scaffolding at a cost of $4,000 to $5,000; therefore, with this additional cost added on to the bid of Architectural Sales the recom­ mendation would be to go with Ceilings, Inc., then the low bidder. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the Board of Education rejected section 0950 with the low bid of Architectural Sales and in its place, accepted the bid of Ceilings, Inc. UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board of Education authorized the Facilities Committee to examine the issue of the electrical bids with Ron Christenson and the school district attorney with the understanding that a special meeting will be called regarding this issue in order to meet construction deadlines. At the conclusion of the regular agenda. Or. Mich updated the Board on requests received for the use of School District property. UPON MOTION by adjourned. Lucie Taylor, seconded by / K^ Approved: /n fioiTTl, Anderson, Vice C meeting was Chairman MINUTES OF THE SPECIAL MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MARCH 19, 1990 A special meeting of the School Board of Orono Independent School District No. 278 was held on Monday, March 19, 1990 at 7:00 a.m. Present: Don Anderson Kitty Crosby James Franklin John Maresh Lucie Taylor Thomas Mich Absent:Dave McKown William Fenholt UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the Board of Education rejected the electrical bids on new construction, under Division 1600 of the specifications, and called for new bids. The following letter from attorney Paul Ratwik is filed as part of the public record: KniMlK KUAbnl b' liL ILL no .Li idr lOido 9:<ji NO.out r.u« taulC Rotwft JDtwM lto«<« 0. •vadtom MncaA.Maiorw/ DovWS BoM IwwriM J. taO* RAIWIK. ROSZAK. BERGSTROM. MALONEY k BARTH, P.A. AtlornByi at low 300 PKMBtr Bul(*^ 730 Second Av»nu» South Minneapolis. Minnesota SS4Q2 vn»r wme SumLTatpinons ICSolnjRupp Je^t »ouSw OolwC Otoon (612)339.0060 FAX (612) 3390038 Harch 16, 1990 •ABO AdmlNM In MKorwn .1 AIK> AdnriMM m South OMMa Dr. Thonaa Mich, Superintendent Independent School District No. 278 685 Old Crystal Bay Road Long Lake, HN 55356 Electrical Bids, Pool and Classroon Addition Our Pile No. 278-0007 Dear Dr. Mich: We have reviewed the March 7, 1990, letter of Gerald A. Wagoner, president of Ridgedale Electric, Inc., in which Mr. Wagoner states that the school district's construction manager reguested that hie company, as well as Langford Electric, submit revised pricing estimates for the electrical work on the and classroom and swimming pool addition after sealed competitiv bids of the contractors were received by the school district had been opened. We have, additionally, discussed Mr. Wagoner's letter with Ronald A. Christenson, the construction manager. As you are aware, the base bid of Langford Electric of $263,610.00 was lower than that of Ridgedale by approximately $5,000.00. When alternates E-6 (Whirlpool Connections) and E-8 (Relocate Electrical Service) were taken into account, however, Ridgedale's bid of $259,025.00 became the lower of the two bv approximately $3,000.00. It becomes apparent that with a difference between the base bids of only two percent and in view of the fact that the alternates reduced that difference to an even smaller percentage Mr. Christenson was attempting, although without authorisation by the School Board, to determine if there were circumstances under which the difference could be reduced even further. Vw.-n ^ . riwDr. Thomas Mich March 16, 1990 Page 2 It would ^ perfectly proper and correct for the School Board to award the contract either on the basis of the actual base bids submitted by the contractors or on the basis of base bids plus any combination of alternates which the contractors submitted as part of their sealed bid. The fact that the bidders were asked to consider the effect which subsequent and voluntary alternates would have upon their bids does not change the validity of the sealed bids which had been previously submitted. ' Nonetheless, in order to provide these bidders and all bidders with an opportunity to freely compete for the bid on an equal basis and in order to avoid any appearance of impropriety, we recommend that the School Board reject the bids which have work received and rebid the contract for the electric Please feel free to call if you have any questions. Very truly yours, Paul C. Katwik PCR,(«ap' ' cc: Ron Christenson UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the meeting was adjourned. {/ Approved; Don A. Anderson, Vice Chairman ‘rtie P. Crosby, Clerk / April 09,1990 ^ ^ 1880 Phil Bradley Orono Park Board City of Orono Crystal Bay, MN 55323 Dear Mr. Bradley, I understand that a colleague of »ine. ^teve Oardiner has applied for the position of Park Board Commissioner for the oity of Orono. an^iytical L'rplLnLr^kills that I feel would be an asset to any park aystem. I hope you will consiaer him for the appointment. Sincerely, William E. Gentry 6910 Jersey Circle No. Crystal, MN 55427 (K) 533-0393 (W) 330-5065 TRUNK HIGHWAY 12 Tier 1EIS Corridor Developement Mn/DOT Metro District • Golden Valley * * * MEETING NOTICE * * * POLICY COMMITTEE MEETING April 25, 1990 5:00 p.m. Orono City Hall 1. Consultant update 2. Project status 3. Data needs 4. Future meetings APR 2 0 1990 Note: At this point there is not a great deal of information to discuss. The meeting is likely to be fairly short. . :: J.: V -■:c' Preliminary Design Project Manager - Steve Hay 593 8535 .-im..mg April 17,1990 q](______ JutlELiD^lU APR 2 0 1990Dear Mayor, Council Members, City Administration and Park Commission Members: Please permit me a few moments to reflect and to propose recommendations regarding the Bederwood Park decision. I was very frustrated mth the initial process regarding the Park decision. To notify nearb>[ residents of such a decision 48 hours prior to a council vote and after a Park Commission vote is disrespectful. It places any comments or concerns from the neighborhood and community in a reactive/negative vein once the Park Commission/City Administrators have made a recommendation. The opportunity for input must occur prior to the first Park Commission meeting on an issue. The current Zoning and Planning process could be used as a guide. Please consider altering this part of the process. The attempt to include residents later was much appreciated, though I believe our position suffered due to our delayed entry. It appears that the Orono Comprehensive Park Plan needs to be updated. Presently, there is a glaring weakness, which has been revealed by the recent Bederwood decision. It seems that the Comprehensive Plan currently is not even addressed when decisions are made about park use. There is no process for granting variances from the plan once written. Unfortunately, crisis deasions arc then made based on momenta!, need with no formal process to adhere to comprehensive Park Planning. Please consider altering this dencient process. Again, the current Zoning and Planning model would offer some procedural guidelines. At this time Orono does not have a design ,ted community park, although the Comprehensive Park Plan identifies organ ;ed atheletic activities as riquiring such a park. I would urge that you consider initiating a proposal with the school district to develop a community park site. It would not be simply for Little League, but for " ■ ■ ■ ' .. .. ossible solution, though _________________ , . erty located near the school or in other zoned high density/non-residential areas. Please consider this a crisis! ilie integrity of the Comprehensive Park Pl^ is bmlt upon the existence of such a community field site. This need will only going to increase dramatically in the near future. Bederwood is and should continue to be listed as a neighborhood park. I sincerely hope and request that you honor the short-term “temporary status ” of OBA’s use of the field and return Bederwood to its current status and use as a neighborhood park as soon as possible. Thank you for considering these suggestions. I am willing and interested in working with you to resolve any of &ese matters. David H. Ilse 3G30 Eileen Street Maple Plain, MN 55359 April 21, 1990 James R. Grabek 1335 South Brown Road Crystal Bay, Mn. 55323 TAPR 2 3 JO90 Dear Hr. Grabek, I recently applied for zoning variance #1489 to build a small addition to my garage which already stood at the maximum size of 1000 feet. The variance was approved by the council on 3 - 2 votes during it's sessions of March 12 and April 9. The matter was not among the major issues to come before the council but it was important to me and I'm writing to yoi: and to the other members who supported it to express ■ appreciation. In addition to getting a favorable decision on the matter, I enjoyed the meetings I attended since it was my first experience with Orono city government, although I have lived here for many years. Thank you for your consideration. Sincerely, u. John Hardin 1496 Park Drive Mound, Mn. LAKE MINrjETONKA CONSERVATION DISTRICT hOARD OF DIRECTORS AGENDA Regular Heeting, 7:30 p.m., Wednesday, April 19, 1990 Tonka Bay City Hall 4901 Manlrou Road (CounCy Road 19) DJI ^ ] ''APR 2 3 1990 7i00 p.m. PUBLIC HEARlHGi City of Deephaven Density and New Dock License for Increasing 8 slips in Bay St. Louis 7130 p.m. REGULAR MEETING: LMCD Board of Directors 1. Call to Order 2. Roll Call 3. Reading of Minutes: 3-28-90 Regular Meeting 4. Public Comments - from persons in attendance not on agenda 5. Reports A. Chair Cochran 1) Status report on DNR Shore land Grant contract and preparations for cities to sign as partners 2) Management Plan public review procedure and public hearing arrangements 3) Additional priorities, announcements B. Financial Reports, Treasurer Lewraan 1) Statement of Cash Transactions, month ending 3-31-90 2) Audit of vouchers for payment C. Standing Committees 1) ENVIRONMENT, Chair Reese a) Bid response and recommendation for awarding of contract, truck hauling of aquatic plants to disposal sites b) Project supervisor hiring agreement c) Project equipment maintenance contract d) Equipment purchase recommendations based upon competitive pricing reviews as finalized by 4-25-90 Board meeting e) Authorization to designate Chair Reese and the executive director to hire weed harvest equipment operators within budget provisions for the planned harvest period of 5-29-90 through 9-7-90 to Include up to three days advance training prior to 5-29-90 f) Fund progress, private solicitation for weed harvesting budget g) Additional priorities C. 2) HATER STRUCTURES, Chair Grathwol a) Approval of minutes 4-7-90, amending heading and 12, page 2, line 2: delete reference to "new dock license and" since the new dock license for change of ownership was approved by the Board 3-28-90. (continued) ----- . LAKE MINNE rONKA CONSEHVA f ION DISTRICT LMCD Boarf Agenda, 4-19-90 b) City of Deephaven new dock and special density license for 8 new BSD, to a new total of 218, subject to outcome of 4-25-90 public hearing and to requirement for an Environmental Assessment Worksheet c) Maxwell Bay/Lakeside Marina temporary low water variance recommending extension to 600' from 929.4' shoreline using floating docks In exact same configuration as licensed permanent docks. d) Dock license renewals recommending approval for seven applications. e) Deicing deposit refunds recommending approval for 18 licensees. f) Environmental Assessment Worksheet (EAW) for Excelsior Bay Yacht Club per attached outline, recommending dlstrlbutlon/publlcatlon . as required by Environmental Quality Board. g) Temporary low water variance applications received since 4-7-90 meeting (per attachments) h) Interagency agreement proposal with HN DNR, MCWD, recommending dredging depth limitations. 5. C. 3) LAKE USE, Chair Plllsbury a) Approval of minutes 4-16-90, committee action as follows: b) Personal Watercraft (PWC) proposed Ordinance, recommending approval and waiving of further readings, with amendments as a result of public testimony at 3-28-90 Board meeting and further testimony at 4-16-90 Lake use Committee, per amended copy c) Renewal of A1 & Alma's six charter boat wine and beer on-sale liquor licenses, recommending approval d) Special event deposit refund for Rollln B. Child, Inc. fishing outing for satisfactory conduct, recommending approval e) Commercial sales activity on the Lake, recommending Bert Foster be appointed to Initiate a subcommittee study of the concerns f) Low water safety program to Identify Underwater Found Obstructions (UFO) through use of temporary low water danger buoys, recommending $3,500 expenditure from Save the Lake reserve to purchase buoys, chains and anchors, UICD weed harvesting personnel to Install. g) Water Patrol report 5. D. Executive Director's Report, Strommen 1) Legislative Commission on Minnesota Resources (LCMR) grant request revision and merging with MN DNR to develop an action program for public access to Lake Minnetonka, revision adding an objective to (continued) LAKE MINNETONKA CONSERVATION DISTRICT LMCD Board Agenda, 4-19-90 3 "Survey shore areas for possible recreational opportunities Involving fishing, walkways, pedestrian lookouts and piers," per attached informaCIona. 2) LCMR Proposal Review and Allocation Meeting schedule, attached 3) Proposal for a fulltime staff addition for an Administrative Technician as budgeted, recommending approval to seek candidates for consideration at the 5-23-90 Board meeting, per position description 4) Analysis of office space needs and options to accommodate weed harvesting program and Administrative Technician requirements 6. Unfinished Business A. As recommended by the Board 7. Hew Business A. As recommended by the Board 8. Adjournment I.AKK H1NN1?T(JNI0\ CUNilKieVATlOH UiaTHICT liOAliD 01*' DlllECTOlitJ Rufs;ular moetine, 7:30 p.m. , March 28, 1900 Tonka Uay City Uali 1. Call to Order. Oocliraii at 7:30 p.ra. The mcel.lruT was called to order by Chair 2. Roll Cali. Members present: David C'.'oliran. Chair. Greenwood: Jan Boswinkel. ijecrcLary. IliniK.tonka Doach: Bert Foster, Vice Chair, Deophaven: .lames Gi.-aLlwol, )ix.?ol3ior; .John Lewman. Treasurer, Minnetrista: Thomas Harbiason. Waysata; Robert Kascop. Shorewood; Thomas Reese, Mound: R.i'bert :31ocum, Wo.^diand. Also present: Eugene Strommon. Executive Director: Charles LeFevore, Counsel; Sgt. Wm. Chandler. Hennepin County Sherilf’-s Water Patrol. Members absent: Marvin B.iorlin. Tonka Bay: JoEllen Burr, Orono: Douglas Babcock. Gpri iig Park: .l.^hn Halinka. Victoria: Robert Piilsbury. Minnetonka. 3 Reading of Minutes. Koerse m.?v.id. Gvathwol seconded, approval of the minutes of the January 24, 1990 regular meeting as submitted. Motion c.arried un.^nimously . 4. Public Comments, attendance. There w-er.j rno comments from persons in 5. Reports A. Cli(ilr Cochran 1) DNR Shoreland Grant Contract The Executive Director reviewed tlie DNR Ghoreland Grant contract and H.nnagcment Ilan p-artlal fund reimbursement, amended draft, engaging the 14 Lake communities with LHCD for Shoreland Rules adoption. The amendm.nits inoJudo specific language clarifications recommend,id by the LHCD attorney. Gr.athwol, move.l. Marl inson seconded. approval of tne Shoreland Grant Agr.ieinent between the Department of Natural Resour.ies .and the LHCD. as amended, and authorised its submission to the 14 LMCD citi-'s for their approval and signing as partners. M.'itiori carried unanimously. 2) LMCD Director Committee Appointments. Martinson moved, Foster seconded, approval of the 1990 Board Committee as.signments as submitted. Motion carried unanimously. 3) Inter-governmental. Agreement on Dredging. A policy has been drafted regarding appropriate depths for dredging in oon.iunction with the DNR and Minnehaha Watershed District (MCWD). E.xecutive Dircitor btrommen and Chair Cochran will meet with the DNR and MCWD on 3/29 to draft in preparation for the Water Structures Committee and Board ssessment. LMCD Buarrl of Direotoi-s March 28. 1990 B. Financial Bei>orta, 1'rcasurer Lewman 1) Lewman submitted Statements of Cash Trans­ actions for the months ending 1/31/90 and 2/28/90. The reports were accepted and ordered filed. Lewman said the 1989 audit report will be av-ailable at the April Board meeting. 2) Audit of Vouchers for Payment Lewman submitted bills for approval in the amount of $19,545.25 covering cliccks numbered 5987 through 6020 and added to that checks numbered 6021, 6022 and 6023 totaling $669.37 for contract service, typing service and Eurasian Water Milfoil expenses. It is noted here Lliat check numbered 6017 was listed in error at $823.00, tlie correct amount being $359.00. The corrected total is $19,750.62. Check number 6005 to Prof. Fundraising Service for $373.77 was questioned by Reese. The Executive Director explained it is for a list of names for .Sove the Lake fund raising. The Executive Director reviewed the e.xchanges which took place with the vendor. Had it been known earlier, the Executive Director would have preferred labels. Gome Hoard members reviewed the list and .seriously question its reliability. Piilsbury subsequently agreed to accept the list as being useful for Save the Lake Fund purposes. The cost was originally billed incorrectly at $627.16, tlie correct cliarge being $373.77. Martinson sugge.sled returning tlie list and ordering a list in label form. Strommen responded it is a non-returnable list. Reese moved. Grathwol seconded, .approval of payment of bills as detailed and corrected, ex,cluding clieck numbered 6005 in the amount of $373.77. for an ad.iusted total of $19,376.85. Motion carried unanimously. Lewman mov.ad, Reese seconded, to return the list to Professional Fundraising and purchase a list in data entry form. Motion carried unanimously. C. Standing Committees 1) WATER STRUCTURES & ENVIRONMENT COMMITTEE, Chair Grathwol a) Minutes of 2/10/90. Crathwol moved, Reese seconded, approval of the 2/1U/90 committee minutes as submitted. Motion carried unanimously. b) Dock License Renewais. Grathwol moved. Boswinkel seconded, to accept the jommittee recommendation for approval of 57 renewals, per the 2/5/90 Dock Committee list submitted. Motion carried unanimously. c) District Mooring Area (DMA) Renewals Grathwol move<). M.artirtson seconded, to approve DMA renewals for 1990 licenses as follow.s: City of Deephaven, City of Excelsior, Methodist Lakeside Assembly and Minnetonka Yacht Club. Motion carried unanimously. LMCD Doar-J oI Liir-icLoafj March 28, 1990 d) UeicinR Rctiownla GratiiuoL mwed. Raacop r^coiidod, to approve the following deicing renewals. ail Late fees having been paid: Tonka Bay Marina and >!'■ Vacht Mlnh and Virginia MacDonald and Reid MacDonald. M'.'bion carried unanimously. Leglalative Commission on HN Rusources Grant Application. (LCMR) Grathwol iiK.ved, Ruscop seconded, approval of tiie submission of a grant application to the LCMR covering the following: ■* Developing an Action Dro-grain for Dublic Access to Lake Minnetofika. ■r Managing Ilearshore Use '>n Minnesota Lakes * Developing a Loc.al B'islieries Management Guidebook for Local Lake Management Agencies. Motion carried unatii mons ly. , , . The Board had no objection to LCMR's suggestion that the subjects should i'e con.sidei'ed in cooperation witli other agencies. £) City of Wayr..rta Environment Assessment Worksheet (EAW). Gratliwol moved, Foster seconded, to approve the EAW for the City of Way.~ata required for submission to the Environmental Quality Board as a condition to approval of the City of Waysata Special Density and How Dock License. Motion carried unanimously. g) Minutes of 9/10/90. Gratliwol moved. M.artinsoii seconded, approval minutes of .8/10/90 committee meeting as submitted. carried unanun'Uislv. „ , , „ .li) Corrosiioiidoncu Regardj rig Ilouider Urxdge tempor.ary low water variance. The Executive Director rop<.'rted Boulder Bridge Farm has applied for a tcinpor.ary low water variance to extend eighteen slips on the main lake from lOO feet to 124 feet. Boulder Bridge has submitted a site plan. At the .3/10/90 C'l'imnlttee meeting, a letter was received ft-”' homeowners to the north objecliiig to a previous permit granted lii 1989 wiiich .allowed Boulder Bridge to move eight ”"® lagoon to the main lake. The eight slips are eighteen involved in the current temporary dock extension The intere-sted homeowners. Boulder Bridge Farms and the City of Shorewood were invited to discuss the matter with the Board. Mike Jorgensen. 20070 Boulder Bridge I'r.. Shorewood, was to reprc.acnt the .applicant, tic noted there is sufficient set back adjacent to th..- ii.-rthvrLy neiglibor.s and the dock users ara considerate of their surrouiidiugs. There was no representation from the iieiglib'>rr.. of the Motion [iMCll rVi.-irtl of Ui r-i>IT.Mav-.h an, 199U Cochran su^rgcsted co.jking tlie docks to the south. Jorgensen said they could look at it but could not agree to do so at this time. Foster suggested these docks be put on the list for the June lake tour. Fostor moved, Reese seconded, .approval of a temporary dock extension permit to allow Boulder Bridge Farm to extend 18 docks to 124 feet into the lake, an increase of 24 feet. Motion carried unanimous. i) Bean’s Croenwood Marina License Applications, Temporary Low Water Variance Application The committee held a public hearing on 2/28/90 regarding a variance and new dock license for Bean's Greenwood Marina to relocate 0 slips from within th-r 100’ a,arie to the 100' - 200’ zone. As a result of committee review of the public hearing, the committee recommended a temporary low water variance application be considered. Bean has agreed th,^ committee recommendation will satisfy his current needs. He has made application for a temporary low water variance extension. Gratliwol moved, Fo.ster seconded, to take the following action: a. Ai>prov.-j a dock license for Bean’s Greenwood Marina relocating slips lUl. 108 and lOV' according to the certified site survey of 1/9/90. b. Deny the variance re'jue.st bo reconfigure slips 40, 100, 99, 80, 79 and T-118 outside the 100’ distance from 929.4’ shoreline. c. Approve a temporary low water variance for slips 40, 100, 99, 80. 79 and T-118 to ISO’ from the 929.4’ shoreline, and slip 105 to a position outside slip 30. with the further stipulation that no watercraft storage will take place along the north side of the temporary configuration between slips 40 and 79, and further that no watercraft storage take place outside slips 6, 7 and 23, as long as the low water conditions continue as declared by the Board. Motion carried unanimously. Excol.eior Hay Holding Company (Excelsior Yacht Club) Bay The Board received the c"onimittee review of the 2/28/90 public hearing to consider a new d,?ck and special density license for the Excelsior Bay Yacht Club to allow eight additional slips for a total of 40 and a variance to allow fifteen slips beyond 100’ and for a change-of-use from 32 transienc slips to 30 rental and 10 transient. Of the 30 rental 10 would be for charter boats and the remaining twenty for over-night storage. The charter boat rental service is proposed as an amenity. An additi''nal list of amenities has been submitted as follows: 1. A slip de.signated for emergency use by the Sheriff’s Water Patrol. - continued uMCD Board of Director:;March 28, 1990 2. Hake the pool available for public swimming lessons sponsored by city park or school programs from 9:30 a,m. to 11:30 a.m. 5 days a week. 3. Make a meeting room available to use by public groups at no charge. 4. Dockage for charter boats. 5. Handicapped access to the docks. 6. A lake-side deck pedestrian look-out for the public, signed in front of the property as to public availability 10 a.m. to 5 p.m. daily. 7. Outdoor lower level deck licensed for food and beverage service will be open to the general public all operating hours, upon approval of the Excelsior City Council. 8. A dock atte idant on duty to monitor the proper dock use as needed. The committee has recommended appx'oval of 1) the Excelsior Bay Yacht Club variance.the hardship being the 90 degree shoreline angle limiting the east end dock use area; 2) special density and new dock license as applied for, with the change of ten - 13’ X 32’ slips to 12’ x 24’ slips: 3) with the expanded amenities and lighting to have a minimum impact on the lake. Grathwol moved, Foster sei:onded, to approve the committee recommendation for the new dock and special density license and variance for the Excelsior Bay Yacht Club along with the amenities as presented, authorising preparation of the Order. Rascop noted the approval by the committee was on a split vote. In his opinion the new dock plan represents a conversion from transient to private use. He complimented the amenities. Cochran added that the transient docks now only serve members since the business changed from a public restaurant to a private club. By making space available to charter boats the applicant is meeting an LMCD ob.iective of making the lake available to the public. , j • 4.The Board discussed the amenities. An inspection indicates the docks will be made handicapped accessible by an adjustment in the ramp. in response to a question from Slocum as to what would happen if only five slips were used for charter boats, Gus Khwice, Manager of the Club, said they will make every effort to rent all 10 charter boat slips. Any empty spaces would be rented for over night storage. Rascop asked for the actual number of charter boat rentals as he can see no incentive for accommodating charter boats unless there is .a firm number. Lewman moved, Grathwol seconded, to amend the motion for approval to state a minimum of four slips are to be retained tor charter boat use. Motion carried. Reuse, Rascop. Boswinkel and Foster voting nay. _The motion to approve, as amended, was carried with Rascop voting nay. LMUU Board ol' [li rect'jrs Maiv.-h i;8, 1990 k) Maxwoll Bay Marina Change of Ownership Dock License and Temporary how WaLer Variance Application The Board received an application from the Maxwell Day Marina for a new dock license with minor change: ownership, and a temporary low water variance application from 200’ to 400’, and a request to change permanent docks to floating docks. The committee recommended acceptance of the new dock license reflecting the change of ownership and recommends conceptual approval of the temporary low water variance with stipulations. Grathwol moved, Reese seconded, to approve the new dock license with a change of ownership and to consider the temporary low water variance application as a separate item. Motion carried unanimously. A neighbor of the marina spoke against a 400’ extension as being unreasonable. Chandler noted there are two nearby marinas. Approval of an extension to 400’ might encourage tlie others to ask for a similar extension. Foster suggested returning the request to committee after a thorough study with the neighboring marina operators and neighbors. (Jratliwol expressed concern about interference with a channel. David Carlson, representing the owner, James Dunn, said he has sighted the distance between Boy Gcout and Norenberg Channels and does not believe boats would have interference from their docks to pass through the channel. The neighboring marina operators, Gayles and North Ghore, registered no objections nor were they present, all owners within 500’ on Maxwell Bay being informed of the application. LeFevere stated that the neigliboring marinas do not have room to extend bo 400’. They could apply for a variance for a lateral move to sliare the available lake frontage. (Residential property owns 150’ of shoreline east of Gayles’s Marina) Approval of t)iis variance for Maxwell Bay Marina could result in giving all the available space to one marina. Cochran suggested reducing the dock extension to .300’. Grathwol moved. Foster seconded, to table the application for a te.mporary low water variance to the Water Structures committee. Motion carried unanimously. 1) 1990 dock license renewals Grathwol moved, Rascop seconded, approval of eight 1990 dock license renewals as recommended by the committee, including orders, stipulations and temporary extension, noting City certificates have been received or time expired for responses, as follows: Excelsior Bay Associates. Inc., Excelsior Bay Lakeshore Village, Black Lake Meadowbrook Boat Club, Inc., Grays Bay and Libbs Lake Minnetonka Boat Works (Waysata). Waycata Bay Minnetonka Boat Works (Orono), Brown Bay and Tanager Lake - continued LMCD Board of DirocLors March 28, 1990 Tonka Bay Marina & Yacht Club, Inc., Lower Lake South Wikner, Roger J., Waysata Bay Woodend Shores Beach Association, West Upper Lake Motion carried unanimously. m) Minnetonka Boat Works (Tanager Lake, Orono) Grathwol moved, Reese seconded, approval of a temporary dock extension variance to allow Minnetonka Boat Works, Orono, to extend the docks in Tanager Lake, which were approved in 1989, from 80 feet to 240’. Motion carried unanimously. n) 1990 Dock License Renewal Waivers Grathwol moved, Reese seconded, to waive 1990 renewal by submitting a $25 administrative registration fee to the following: Mai Tai in Excelsior Bay - the facility not operating. Park Hill/Park Island West Apartments, Black Lake - Low water Seton Twin Homes, Seton Lake, Minor Change: Name, from Seton Place Development - Low water. Motion carried unanimously. o) Amended temporary Low Water Variances The Executive Director submitted the following applications to amend the temporary low water variances previously granted; Lakewinds Condominium, Spring Park Bay, from 148’ to 198 Windward Marine, Inc.,from 240’ to 280’ Minnetonka Edgewater Apartments, from 100’to 152 Chapman Place Marina, Cooks Bay, from the original 129 extended to 274’ in 1989 to .306’ Grathwol moved. Reese seconded, to approve the amended temporary low water variances as submitted. Motion carried, Rascop voting nay. p) Wayzaba Day Yacht Club Environmental Assessment Worksheet (EAW). . j u The Executive Director reported the comment period has expired on the discretionary EAW prepared for the Wayzata Bay Yacht Club temporary low water variance application to relocate the District Mooring Area from 400’ to 800’. Grathwol moved. Reese seconded, to approve the Findings ot Fact and Conclusions tliat an Environmental Impact Statement is not required, and tlie temporary low water variance may be granted. Motion carried unanimously. Foster moved, Grathwol seconded, to approve a temporary low water mooring field extension to relocate from 400 to 800 from shore. Motion carried, Rascop voting nay. LMCD Board ol D i •! a March 28, 1990 the 300 the 2) LAKE USE COMMITTEE. Chair Pillsbury represented by Vice Chair Foster. , . ^ To accommodate the audience, the agenda was amended to consider the item;3 relating to the Personal Watercraft Ordinance as the first item under tlie Lake Use Use Committeo report. 1) Feroonai Watercr.aft Ordinance First Rending The Board received a draft of an Ordinance Relating to Boat Speed in Ouiet Waters Areas and to the Operation and Rental of Personal Watercraft. Foster explained the concept of ordinance stressing the sections covering operation within feet of the shoreline, wake jumping, prolonged operation and noise levels. Comments from the public: Michael Dapper. Water Scooter Magazine; Prolonged operation is a subjective matter: enforcement will be difficult; the language is not clear as to what comprises a confined area. Identification of a rider will be difficult as they move around an area of the Lake. . ^ ^ Glr-n Meddermeyer, Long Lake; He is concerned about the 300 requirement, stating it forces tlie inexperienced rider too far from shore; it is incumbent upon the rental agencies to inform their clients of l.hi.s law; power bo.nts are equally noisy. Ctevo Wagner. MM -Jet Lki Assn.: The ordinance goes beyond safety and containing a nui.iance it is controlling a business: the ordinance is directed at a small number of people. a group which nee<'.s education as to safe operation: wake jumping is not a hazard tc tlie power boats; enforcement of the age restriction on rental business is not clear as there is no prohibition on an adult renting the personal watercraft and allowing a, thirteen year old operate it. They should be allowed on the water same as a water skier or any other boater. <4. . John Hoard. Anoka Bports: The new watercraft they are selling meet the noise level; enforcement of the noise level will take the older personal watercraft off of the Lake, to reduce the noise level by three decibels is asking a ’'■* Greg Gehrman, Plymouth; Objects provision. Dave 150V300* that aiea^ T„arc.gki. Department of Natural Resources: Commented on the noise level section, observed that complainants have no way of measuring the noise level. ..4.0 Bill McGrann. Attorney representing the industry. Suggested as much uniformity as possible; the industry is DNR to adopt uniform regulations: has disseminating information: suggested a change in the definitions to conform to ,a Coast Guard definition: mentioned the Florida regulations have proven effective; develop standard method of measuring decibels. Manufacturers are ^ homeowners concerns, they reached agreement in 1989 on standards for decibel allowances and restrictions. lot. to the wake jumping Brewster, MN. Jet LkiAssn.: Does not feel the rule is clear as to how long you have to stay out of LMCU Board of Divoctoi-a March 28, 1990 Sgt. Chandler, Sheriff's Water Patrol: Observes problems with prolonged operation - difficult to enforce - the Water Patrol would have to rely on signed sworn statements from complainants: deputies will take the "flack": most PWC operators will not carry a watch to time themselves, therefore a Judge will favor the operator unless the time is about double the 3U minute violation. Comments from the Board; Boswinkel: The representatives of the public should write to the committee giving their opinions and suggestions Cochran: Suggested a re-wording or definition of confined area. (Subd. 11) Reese: Hopes Subd. 11 on duration in an area has a deterrent effect. Rascop: Pr'.ilonged operation may atfect others than residents of .shoreline property. (Subd. 11) Consideration could be given of setting the decibel level at 75 at 100’. Foster moved. Reese seconded, to approve the wording of the ordinance for tlie first reading sub.iect to modification of Subd. 11. Motion carried unanimously. a) F"Sl.er moved. Bo.swinke] seconded, approval of the Lake Use Committee minute:^ of 2.'2U/9t.i ,is submitted. Motion carried unanimously. b) Hennepin County 1990 Lake Improvement Projects Foster moved. Grathwoi seconded. approval for channel dredging priorities per Lake Use Committee minutes: approve Slow Buoy Placement adding a third buoy in Maxwell Bay: All channels un'er 3-1/2 feet to be marked with two danger buoys at each end, rather than with channel markers, except Seton/Black Lake Channel which is to be marked with minimum depth warning signs. Cochran moved. Foster seconded, to amend the motion hy adding the movement of three buoys at the entrance to Carson s Bay further west. The motion for amendment carried unanimously. The motion as amended carried. Slocum and Rascop voting nay. In response to a que.stion from Rascop as to the need for a public hearing buoy placement. LeFevere responded that is a matter of practicality, nob a legal matter. < » auietGrathwoi noted the two slow buoys to designate a quiet waters area the co.nmittee .suggested to be . Island have been dropped from consideration at the request of Hennepin CouriLy’.s Lakes improvement section. Foster said it is important to get as much publicity as possible so the public is well informed on what the danger buoys identic- LMCL) Bocird < ’Jf UL March 28. 1990 e) Charter Uoat License, Paradise Princess Foster moved. Bcswlnkel seconded, approval of a charter boat license for David Lawrance, Paradise Princess charter boat, to be subject to complete documentation approval by staff. Motion carried unanimously. d) Wine and Ueer On-Calo Now Licunse, Princess Paradise Foster moved, Boswinkel seconded, cipproval of a wine and beer on-sale license for David Lawrance. Paradise Princess charter boat, the Hennepin County Sheriff’s investigation finding no cause for rejection, and the code requirement for a public heaririF, having been satisfied .’j/BS/SU. Motion carried unanimously. Ordinance Amendment Regarding Liquor License Requirements Bond LMCO ordinance to conform to LeFevere submitted an amendment to the eliminating the requirement for a surety bond, Minnesota Statutes. Grathwoi ni'.'Ved, Boswinkel seconded. to waive a second reading of the Ordinatijc Amending Lake Minnetonka Conservation District Code Section &.U.0, Subdivisions 2 through 4. Relating to Liquor License Bond ICequirements and ordering its publication. Motion carried unanimously. This amendment will have the effect of eliminating the surety bond requirement for David Lawrance. g) Intoxicating Liquor On-Sale - Queen of Excelsior. Grathwoi asked that the minutes .chow he has represented the Queen of Excelsior. Foster moved. Boswinkei seconded, approval of an Intoxicating Liquor Oii-Sale.including Sunday On-Gale, license for John Lambin and new 60% partner Franco Loris, for the Queen of Excelsior charter boat. ba.sed upon Hennepin County Sheriff investigation finding no cause for rejection. Motion carried unanimously. h) Charter Uoat License - Queen of Excelsior Foster moved. Lewman seconded, renewal of the charter boat license for John Lambin and Franco Loris. Queen of Excelsior, berthed at Excelsior city docks. Motion carried unanimously. i) Special Event Permit Refund - Scott Dvorak E'oster moved, Martinson seconded, approval of a refund of late fee and deposit for an ice fishing contest Special Event Permit wijich was canceled, total refund $160. Motion carried unanimously. LMCD Bocird oi' 'lirectoiii March 28, 1990 j) Mrnutes Foster moved, Boswinkel seconded, approval of the Lake Use Committee minutes of 3/19/90 as submivt<sd. Motion carried unanimously. k) Personal Watercraft Rental on the Lake - Magnuson John keeping floating door to prohibit The Board received a proposal from John Magnuson to rent personal watercraft from a pontoon b<?cit on the Lake. The committee recommends acceptance of the corcept subject to staff review and a cliartor boat license. Slocum's opinion is that this proposal i.s out of with what is wanted in managing the Lake. It is a commercial venture. Cochran stated approval of this would open the selling anything on the Lake. L.^Fevere recommended adopting an ordinance to commercial ventures of this type and if the Board decides to do so Magnuson should be notified. He -loted Magnuson would probably need a charter boat license as renters would he boarding the pontoon boat. The proposal does not meet tlie requirements for a Special Event Permit. iJliandier advised that Magnuson is making appUc.utiori for a charter boat license. Boswinkel objects to any solicitation of business in the middle of the Lake. A motion by Fiascop. .sicondeil by Slocum. to ordinance tliat would make the use <jf Lake Minnetonka from any commercial use tliat is not consistent with a withdrawn. A motion by Foster, "seconded by Martinson, to de of the concept for rent , of personal watoro <ft fro. boat was withdrawn. Slocum moved, Martin.son seconded, to Committee to move expeditiously to find solicitation and sale of any kind on the Lak. Reese voting nay. ....... u LeFevere is to attend the Lake Use Committee when discussed. 1) Wator Patrol Report . .u Chandler reported two more vehicles have gone through the ice. He noted G35S of winter accidents were alcohol related. Uie Water Patrol will be using marine broadcast on channel lb wltn a switch channel 6 U. t.lert boaters of obstructions in the «ater. lake depth. weatner, etc. They will broadcast on Friday, Saturday. Sundav , nd holidays. The Water Patrol has asked Hennepin County for tw.j more full time deputies and lias support on the County Board. ... . i i-r.Bascop moved. CocFiraii seconded, to direct a letter to Sheriff Omodt and Sgt. Brandenberg commending them for the radio c'imnunication plan. Motion carried unanimously. the ay to Motion draft an sacrosanct park was approval pontoon Lake Use prohibit carried, this is LMCD BoarJ ol-' Ui rector:; March 28, 1990 5. C. 3) ENVIRONMENT COMMITTEE, Chair Reese a) Project Manager Refuse moved. Rascop seconded, to employ Norm Taurus to serve as Eurasian Water Milfoil Weed Control Project Manager. parttime from March through December as provided in the Weed Control Budget, position description, and employment agreement, retroactive to 2/26/90. at $1.4.00 per hour. Motion carried unanimou.sly. b) 1990 Eurasian Water Milfoil Budget Ree.se moved. Rascop seconded, approval of the 1990 Eurasian Water Milfoil budget in the amount of $225,000 as submitted. This budget does not include equipment purchases from the Milfoil Reserve Fund. Motion carried unanimously. c) Equipment Purchase - Conveyer Boswinkel moved, Rascop seconded, authorization to purchase a Model C-500 Floating Conveyer, 25’ length, from United Marino International at $11,020. approving 1/3 advance deposit of $3,673.34 with order. The equipment is required due to low water at off-lo.ad sites. Motion carried unanimously. d) AddltJuiia.I Equipment Reese .submitted a li.st of equipment needed for the pM pro.iect and requested apprwal to proceed with obtaining competitive pricing. . Reese moved, Boswinkel .seconded, authorisation to obtain pricing information for final Board approval on the items listed 3/27/9U, changing item 7 to read "Distance measuring unit and depth finder", funding to come from the Milfoil Reserve Funds.. Motion carried unanimously. e) Space Needs The Exe. utive Director reported there is a need for apace for the EWM project staff and equipment at an estimated cost of $175 per month, on a short term basis. „ Rascop move!. Lewman seconded, to authorize the Executive Director to locate space to nieoc the needs of the EWM project. Motion carried unanimously. 5. C. 4) ADVISORY COMMITTEE, Chair Rascop a) Rascop reported the 60 day period for comments on the Comprehensive Plan lublic Review Draft will begin April 19. The Plan is being di.stributed to all concerned parties. It is important to present this to the Board member’s respective City Councils. LHClt lioai-rl '--I Hi oi :.M-u-.jU aa, 1990 b) Rascop niC'vad, (.iralliw.j I s :;'.-oiid ;!d , to approve January consultaxit expanses of f l. tlotion carried unanimously. expenses c) Rascop mcv»?d, Lewnrci seo. rided, to approve of $3,(129.88. Motion carried '.manImously. February d) Rascop expressed his anpreciation to those who participated in tlie Plan preparation. 'Jochran expressed the Boards gratitude to Rascop and Reese for their efforts In the Plan preparation during tlie last, two years. 5. D. EXECUTIVE DIRECTOR’S REPORT, EuReiie Gtrommen 1) Consultciiib Agreement with Frank Mixa The Executive Director repoi (.cd I'rank Mi.ia's contract as a consultant to the (Jcinprehensi PJan prepar-ition has been completed. although there may i ' .C'^asioiis when his knowledge may be helpf'ul on an "a.a needed i j';i.s In the future. R.asoop moved, (.irathwol seconded, to direct the Executive Director to terminate the contr.act with Frank Mixa for consultant services on the Comprehensive Plan, effective March 31, 1990. Motion carried unaniiii.,'U.ily. The Executive Director waf asked to prepare an arrangement for use c Hixa's servi.ces on an -as iieeile.. b.asis. 2) The Executivo Dircd.-ir re|'ort<d Muriel Gtewart has completed her probationary p'^riod .and is performing exception.ally. Ra.scop nioveij, bowman hoc■iniod. .ippriav-al of a 50 cent per hour raise for Muriel Gtewart uf.m sue--essfuIly completing her probationciry service. effective 3/li.(/90, lier six month s anniversary. Motion carried unanimously. 6. Unfinished Business - None 7. New Business 1) Rascop moved, Martinson seconded. adoption of a Resolution to be forwarded to the fourteen cities asking them to use this low water op'portunity to clean up their right-of-ways and the shoreline by removing debris. Motion carried unanimously. 2) Rascop moved, Martinson seconded, that the LMCD take a position on pumping w.ater for lawn irrigation as an unnecessary use of L^ike water. Cochran and Foster Indicated tliey wouid oppose such a declaration as the amount of water being used is infinitesimal. Lewman moved, Foster aeoondoil. 1 tablo tin.- suggestion to the Environment Committee. Moti"U ••■nrrieil unaniin.'tisly. Mni-.-li iJ8. 1890LM*JU B'jai-'J '■( I'i •. AdJourimonL The Cti.Ti'- ar>,ij th>^ i. itriie'l at 11:40 p.m. ■Jmi Boswinkci. r< t-iry l>3>vld Coehran. ',‘lr.iir LAKE MINNETONKA CONSERVATION DISTRICT TO: TO:"Dock" Committee FROM:Gene Strommen DATE:February 5, 1990 SUBJ:1990 Dock Licenses The following dock licensees are requesting renewals for 1990, Including orders, stipulations and temporary extensions. Village certificates have been received, or time has expired for responses. A1 & Alma's Supper Club, Inc., Cooks Bay Bayshore Manor Condominium Association, Excelsior Bay Baycllffe Property Owners Association, South Upper Lake Bayview Condominium, Spring Park Bay Berman, Lyle, Wayzata Bay Big Island Veterans Camp, Veterans Bay Cardinal Cove Beach Association,. Cooks Bay Cedarhurst Association, Robinsons Bay Chapman Place Homeowners Association, Cooks Bay Minor Change: change in operator/manager Chlmo Association, Carsons Bay Cochranes Boatyard, Inc., St. Albans and Excelsior Bays Crane Island Associ.ation. West Upper Lake Curly's Minnetonka Marina, Inc., Lower Lake South Deephaven, City of, St. Louis and Carsons Bays (application for expansion still under review) Driftwood Sliores Association, Harrisons Bay Excelsior, City of. Excelsior Bay Foxhill Association, Smiths Bay Gideon's Point Homeowners Association, Gideons Bay Grandview Point Association, Carsons Bay Minor Change: from 6 BSU, 10 WSU to 5 BSU, 9 WSU Gray's Landing Co., Grays Bay Greenwood, City of, St. Albans Bay and Lower Lake South Hennepin County, Spring Park Bay Herzog Acres Association, Wayzata Bay Kresllns, Hary T., St. Albans Bay Lafayette Ridge Homeowners Association, Lafayette Bay Reinstate 8 BSU: from 8 BSU, 19's WSU to 16 BSU, 39's WSU for 1988, 1989, 1990, within required frontage Libbs Bay Boat Club, Libbs Lake Lord Fletclier Apartments, West Arm Lord Fletchers of the Lake, Coffee Cove Methodist Lakeside Assembly, Wayzata Bay Minnetonka Beach, City of. East Crystal Bay, Lafayette Bay, and Lower Lake North (continued) LAKE MINNETONKA CONSERVATION DISTRICT Dowk Committee Februury 5, 1990 Minnetonka Boat Rentals & Edgewater Marina, Harrisons Bay Minnetonka Edgewater Apartments, Spring Park Bay Minnetonka Power Squadron, Big Island Passage Minnetonka Yacht Club/Lake Minnetonka Sailing School, Bay St. Louis, Carsons Bay, and Lower Lake North Mound, City of: Priests, Cooks, West Upper Lake, Phelps, Black Lake, Emerald Lake, Seton Lake, Harrisons, Jennings, and West Arm Bays Navarre Cove Homeowners Association, Carmans Bay Nesiund, Rlcliard, Wayzata Bay North Shore Drive Marina, Maxwell Bay Ridgewood Cove Property (Xmers Association, Jennings Bay Rockvam Boat Yards, Inc., Site 1, Coffee Cove Rockvam Boat Yards, Inc., Sice 2, Coffee Cove Sandy Beach Place, West Arm Schmitt's Marina, Excelsior Bay Seahorse Condo Association, Jennings Bay Seton View, Seton Lake Seton Village Association, West Arm Tonka Bay, City of. Lower Lake South Upper Minnetonka Yacht Club/RDP Partners, Spring Park Bay Victoria Estates, North Arm Walden Tract X Owners Association, Bay St. Louis Walter's Port Improvement & Maintenance Association, Carman's Bay Wayzata, City of, Wayzata Bay (application for expandslon still under review) Wayzata Yacht Club, Site 1, Wayzata Bay Wayzata Yacht Club, Site 2, Wayzata Bay West Beach Apartments, Coffee Cove Willow Woods Corporation, Gideons Bay Woodend Shores Beach Association, West Upper Lake The following have chosen to waive renewal by submitting a $25 administrative registration: Mai Tal, Excelsior Bay for 1989 and 1990 u , i. Park 11111, Park Island, Park Island West Apartments, Black Lake for 1990 Seton Twlnhomes, Seton Lake Minor Change: naiiio, from Seton Place Development for 1990 ERS:Jlm LAKE MINNE'IONKA CONS5EUVAT1UN DISTKIUT Action Report: Water Structures A Environment Committee Heetlng: 7:30 a.m.. Saturday. April 7, 1990 LMCt) Office, Wayzata Members Present: James Grathwol, Chair, Excelsior: Douglas Babcock, Spring Park; Jan Boswinkel, Minnetonka Beach: John Lewman. Minnetrista: TVionias Reese. Mound; Robert Pillsbury, Minnetonka; Thomas Martinson, Wayzata: Robert Slocum, Woodland. Also present: Eugene Ctrommen, Executive Director. ENVIRONMENT 1. Progress on Equipment Purchase Explorations/Preparations for Bids and/or Quotations. Reese reported purchase of a four wheel drive 3/4 or 1 ton enclosed pick-up truck or panel truck. suitable for carrying tools and supplies, is being investigated. Hennepin County will provide equipment to move the harvesters in and out of the water. The pro.ieot manager is checking on the purchase of a pontocn boat and/or a .ion boat. Advertisements for trucking bids to haul weeds and for weed harvester personnel arc now being placed. 2. Personnel Preparations for Staffing the Weed Harvesting Supervisory and Operations ieams. The project manager is working on an agreement to engage the individual who liandled maintenance last year to conduct major repairs on an as-needed basis at an hourly rate. Reese indicated contract maintenance is also being investigated. The Executive Director reported daily maintenance will be done by each shore conveyer operator at a higher hourly rate. Rob Morila has been offered the project supervisory position. Merila’s experience with the 1909 program is an advantage. The project manager will provide Merila addition ' .upervisci'y training. An employment agreement will be submi'f. to the Board. 3. Fund Progress, Private telicitation. . .u i « Reese reported $16,000. has been received toward the goal of $55,000. The Executive Director is sending personalized letters to the larger contributors to complete the 1,000<- mailing. The Executive Director reported W.ater Specialists. Minnetrista. a water softener equipment company, has offered a 10% of sales contribution to LMCD when customers identify Eurasian Water Milfoil as a recipient. Lewman explained that the company offers this fund raising method to many community fund raising programs. Reese moved, Lewman seconded, to authorize the Executive Director to further investigate the offer of Water Specialists, Inc. and to make his recommendation to the Board, assuring is no implied endorsement of the firm. Motion carried unanimously. 1 Water Striicturos & EHvlroiimoiit Committee April 7, 1990 WATER STRUCTURES COMHITTEE 1. City of Deephaven Amended New Dock and Special Density License Applications. The City of Deephaven lias submitted an amended new dock and special density license application reducins its January application to a net inorea.se of eiglit siips from the current license of 210 BSU. ^ , Gerald Lauglilin. Chairman of the City of Deephaven Dock Committee and Howard Beiuiis, Councilmember, were present to represent the City. Laughlin explained the amended application results from public meetings. There were ob.jections from residents, primarily because of added boat activity in Cax'son Bay. Addition.al slips at Carson Bay would not be practical because of setback restrictions. Limited road access and parking were deciding factors in Bay i't. Louis. The revised plan calls for the addition of eight slips to the exisLirig dock at Bay St. Louis. There will be no change in the buoy fields. Responding to a question from Slocum, Laughlin stated he does not see any future proposal for additional expansion as a result of tlie cenoerns cited above. The amenity proposed for a make•ready dock was clarified, c consists of a 20’ make-ready dock. A previously approved 20’ make-ready dock as .an amenity by the Minnetonka Yacht Club/ Minnetonka Sailing :3chool is a sep.arate item. They may bo Installed separ.aLe ly or as one 40' dock. The amenities submitted with the original application were discussed. They included both lake oriented as well as off-lake recreational facilities. Reese and Babcock raised the question as to whether amenities must be contiguous to the proposed facility and whether they should be lake oriented amenities. Reese moved, Pilisbury seconded, to recommend approval of the new dock and special den.sity license for eight new slips with the 20’ make-ready dock as tlie amenity, subject to the outcome of the Public Hearing scheduled for 7 p.m., April 25, 1990. The LMCD staff will review the amenities related to the bity of Deephaven Dock and District Mooring Area licenses. Motion carried unanimously. 2. Boswinkel arrived during the following discussion. MaxweJI Boy/Lakeside Properties Marina - New Dock License and ’femporary Low Water Variance. James Dunn, owner of Maxwell Bay/Lakeside Properties Marina, presented his proposal for a new Jock license and temporary low water variance. replacing the current floating docks, extending tliem to 600 from the 929.4 shoreline. Floating Docks. Dunn plans to eliminate the present wooden docks, including the slips attached to the shore, replacing them with floating docks. The dock wa^way will be t>25 long,taking into account the gas dock presently 25 beyond the 200’ length. Water Strucl.urea & linvj.ronmoiiL Committee April 7, 1990 Maxwell Bay Couditions: Dunn stated the water depth at Boy Scout Bridge is 6". Hennepin County wiiJ place danger buoys at both channel ends. Noeronberg Channel is about 5’ deep with rock obstructions whicli llonnopiii County will remove. Low water has changed the water conditions in the area, in effect moving the bay out .3d0’ from shore in Dunn's view. Travel Well Pit: Dunn has applied for a permit to dredge a 30' wide cliannel GUO’ to his deep well. He offered to do this in conjunction with Gayle’s Marina. Affect on Neighbors. Dunn described the shoreline usage from Gayle's Marina through the North Shore Drive Marina area. The area between Lakeside Properties Marina and Gayle’s Marina is residential property. He has talked to the North Shore Drive Marina owners who offered no objection. He is aware of the objection by the residential owner immediately to the east. Dunn owns two 50" parcels of tiie COO’ between his marina and Gayle’s Marina. The LMCD has received a letter 4/6 from Gayle Wittig, Gayle’s Marina, objecting to the e.xtension proposal. Other. Pillsbury asked whether Dunn will offer 24-hour emergency service. Dunn responded he will discuss it with the Water Patrol for need before making a commitment. Reese moved, Pillsbury seconded, to recoi,imend approval of a temporary low w.ater vari.mce to 000' from the 929.4 ’ shoreline with use •.'! floating docks in the exact siime .configuration as the permanent docks. Reese expressed hi:j oplnliui th.at .'ill marinas should be encourageil as there is no benefit to Llie Lake in having the marinas closed up. Glocum would like to consider this unusual length in con .nine tivin with a discus.sion with Gayle’s Marina. Grathwol noted Gayle’s Marina has been given notice of this application. Lewman suggested i statute may be necessary to put a maximum on dock extension lengths. Tlio motion to recommend approval carried unanimously. It is noted Martinson left during the discussion. 3. Priorities Item Assessments Grathwol submitted an outline of items to be studied including: 1. Authorised DUA was discussed, with examples of resolving over-lap conflicts by use of bisecting angles and cords. Flip chart illustrations were demonstrated. It was further suggested that shoreline counts using artificial breakwaters be eliminated. 2. GhoreLitie reciuiremeiits used to determine density is presently difficult to enforce since watercraft ownership is hard to determine. Tliat is expected to improve when the watercraft titling law goes into effect 1/1/91. The extent to which wetlands are included must be resolved by getting an accurate inventory. Committee Chair Grathwol reminded the executive director of tho need to .surve,v the cities for this information. 3. Requirements for special density licenses relating to amenities was deferred pending suo-committee Hurr’s return to activate this study. Ifatnr lSbruoi.uru:i A K’ivi ruiin<>itl. CommlM-oo 4. Itouk tilcanae (toiioMnis April 7, 19UU Lowmaii biov-.i-I. -I; .TjCi..in-l«rl, t'j ro 'oiimi'.nd approval of the fullowiiif' I h,-<Tii> r..-n--w.i I ;i, i.ii'‘ludiriK any and ail pppllcaMv •'rij..rr: and :>l 1 pu lt( j otis. 'Uly c-svtif ioato status is «■ not«d: Bo«iI't.r Jiti-. * Itenril.’s t.s, il'io?t*4 r*.-vjivod Fort-.l. Aimi:i Assi.-’iatloii. (im-- ■:;:pj r-ird Mari.n.t, Jn-!. « Lakowinds A'^sociaU-.'ii. o-ii t ll'ioat's fooelvvd Shorow<«;wJ Hfli-uia 4 Va*,-ht (.'inb * llpp'sr Mlniiotorik;'. Ya>.-ht t'l'ib < ♦ City r-^|ily |‘-'rtJiiif:, t-' !• mill April. Motion carried nii jminivuoly . iho E.-ia- u M /e Uli-ivtor will with Boats to r.’/t if Uiov; is a •.•b.-'nft'S lii oMriorship. 5. Uolulnit llttpunlL Kc:fiind:t chock Pill.sbnry niovod. R*.-os<? oirl-d, t- recominotid refund of th« $100 deposit snbmlit-id h1I.Ii tlr 1 deiclri« license appllc'ibic.iii;.!, .'iiifv I i.-'.-i )’■ rm'-'.l Miolr dolciiis Hithout SeneratinK a<Wll.i"H.jiJ e.tpoir.;**:. to the £>i ntrifrt. C'lrly'.-- Ml lin'd • •Ilk’' liiv. Cir’iy's Itiy ft^tsorl. 4 lluiifi How.-ifd’a l-'i>iiii H-Ji-Jiia E. F or V. V. Hacl'onal.l Minnetonka Yacht Cl'tb Miiinetoiik'* I‘'.>:>t W'-'i.‘l;.’i <Or'.iiio fi'>''atlon > Minnotonka Boot Works (Woysala location) Nortli filiore Drive Marim P. ReaberR. .liic. Rockvam Boat Yards. Inc. Smith l?ay Marin-.i Tliunderbli'd llotei i (■•-■r K<..dnc*y W.til J .iico ) City of Wavs.-ita Wayaat.'* Yacht Uiab Cl .Utos * JUM-M James I. Wyer and to include tho following aJ Ui.yiyh tlic .applications were incomplete ).n rc.*'ard t" .siil.nil Itlni’ lii.snranco cortii'li^atca: Ueyle's Muiim Corp. . Ho.iw.jll Day lui. Inc.. Tonka Bay Marina A Yacht riuL- lin-. hotinn carried uiiaiiiiii<.'>ij:.iJy . 6. Other lluport.a A. The Executive Director reported the Knvtrn—mtal AaaeBiMMint Worknheot for the Kxcelnlor Bay Yacht Club will be forwarded in advance of the Board meeting. He also reported the City of Excelsior is preparing an amended temporary low water variance application. Hater Structures & Environment Committee Aprii 7, i990 B. The Executive Director reported a nine page report on an interagency agreement betHeen the Minrehaha Creek Watershed District. MN Department of Natural Itosources and LHCU has been issued. The bas i<- plan is to arrive at f'rtpth limits on dredging depths. The plan proposes: 924.6 f'"r residential: 923.6 for commercial and 921.6 for deep draft commercial docks and public channels. With the licensing of contractors, the MCWD is now reliant on the contractor perforiri.n« to permit allowances. The Executive Director noted that Minnetonka Portable Dredging, coincident to tliis agreement, has a request pending to dredge their location to 920. C. Grathwol reported the Morris/Bowers dock use area conflict in Greenwood is being worked out with the neighbors. Grathwol reminded the committee that the wetlands issue remains to be studied. . . ,.D. Grathwol exhibited a porous geomembrane underlinsr fabric for use under sand blankets. The DNR is approving its use and will establisli standards for installation. 7. Office Space Needs The Executive Director reported Lewmati has learned of office space on Lake Otreet. Way.-.ata. above Minnetonka Travei Service. It has four private offices, a large meeting roo(6 and reception area. and would be very competitively priced. The Executive Director suKrtested employment of milfoil staff and an administrative teclini:ian. Growing District demands being placed on the executive director's position forces the need for more office space. A specific staffing proposal is being prepared for tiie April Hoard meeting. Committee members w-ace invited to inspect the proposed office space. 9. Adjournment The Chair declared the meeting adjourned at 10:20 am. FOE COMMITTEE: Eugene Strommen Executive Director James N. Grathwol Chair LAKil MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use Committee Meeting: 4:30 p.m., Honda/. April 16, 1990 LMCD Office. Wayaata Menbers Present- Robert Pillsbury, Chair, Minnetonka; Douglas Babcock, Spring Park; Marvin Bjorlin, Tonka Bay; Bert Foster, Deephaven; James Grathwol, Excelsior; Thomas Reese, Mound. Also i: -sent: Sgt. Wm. Chandler, Hennepin County Sheriff’s Water i trol; Eugene Strommen. Executive Director. 1. Personal Watercraft (PWC) Code Amendment - Continued Review .'he committee reviewed the 3/28/90 Board minutes as a reference to possible revisions to the ordinance draft. Steve Wagner, Minnetonka Jet Ski, presented suggested changes to the draft ordinance regulating personal watercraft. Warner would eliminate Subd. 6 Operation Within 300 Feet of the Shoreline. Reasons: Restricting the use of the area 150’ to 300’ from the shoreline denies the use of a large water area to the pwc. It prohibits the pwc from cruising the shoreline for pleasure and also forces a rider out 300’ who might be visiting a nearby point. Moat noise comes from modifications of the pwc, and that is a manufacturer’s problem. Wagner would eliminate Subd 7, Wake Jumping. Reason: If the intent is safety, in his judgment there are other unsafe practices such as sailboats racing close together. Wagner would eliminate Subd. 10 (a) Rental - restricting the age of persons who may rent a pwc. Reason: In his case ho does not rent to anyone under 21 years of ago. This is in conflict with Subd. 8 which de*ails the age of operators. The same criteria could be applied to rental 'ousinessfeo. Wagner would change Subd. 11 change Prolonged Operation to Responsible Operation. Reai, There 1s a problem in enforcing the prolonged operition ie inition. He is agreeable to wording which would prohibit careless operation. He is concerned that laws should not be written which cannot be enforced Wagner asked for a documentation of pwc complaints. CoBnittee Discussion: Operation Within 300 feet of the Shoreline. Pabcock suggested the pwc be permitted in the 1 ’ - 300’ sone if operated either perpendicular or parallel U the shore Foster suggested language that would allow point-to-point straight line operation within the 160’ - 300’ sone. Wagner indicated such a change would be acceptable. Wake Jumping: Chandler offered a suggestion that would prohibit operating a pwc in such a manner that cause another watercraft to take evasive action to avoid conflict. Rental - Age Restriction; Babcock noted the pwc ordinance is based on the snowmobile ordinance. Chandler said the snowmobile ordinance permits 13 year o'ds to operate a machine while supervised by \n adult. Foster agreed with this section. 1 Lake Use Committee April 16. 1990 Babcock asked for the addition of anchored or moored boats to Subd.Fostti iiioved, Bjorlin seconded, to direct the executive director and Foster to change Subd. 6 to allow a pwc going from point to point to operate ‘vrocr 150’ and 300’, to change Subd. 8 to allow a person under .he age of 16 to operate under direct supervision of an adult or within signaling distance, to add "moored boats" to Subd, 4, and to recommend the changes to the Board. Motion carried unanimously. Foster moved, Babcock • ii, to recommend to the Board that following the reading e changes as recommended, the Board waive the second ar 1 readings. Motion carried unanimously. 2. Renewal of Wine and Beer On-Sale Liquor Licenses by A1 4 Alma’s Supper Club. The executive Director reported there are no negative responses to the renewal of the A1 & Alma’s Supper Club charter boats from the South Lake Minnetonka Public Safety Department, Orono Public Safety and Hennepin County Sheriff's Department Reese moved, Foster seconded, to recommend approval of wine and beer or-sale liquor licenses for A1 & Alma's Supper Club six vessels. Motion carried unanimously. 3. Charter Boat Renewal Applications The executive director reported receipt of charter boat renewal aiplications for 1990 certificates from Lady of the Lake, Inc. ar.- Small World. The Lady of the Lake, Inc. needs a current insurance certificate and only one license' pilot had a current ^^°*'Both licenses are also subject to inspection by the State of Minnesota and Hennepin County Water Patrol. 4. Deposit Refund - Roilin B. ChiInc. -Fishing Outing Reese moved, Grathwol seconded, to recommend ihe refund $100.00 deposited for the 2/2/90 fishing outing permit held Roilin B. Child, Inc. Motion carried unanimously. 5. Water Patrol Report Chandler reported the Water Patrol will add extra deputies for the 4/21 Holiday-Johnson Crappie jrnament. They expect up to 6,000 individual registrations, (noi, .vists), many from sn^. positions^^^^^^ Instrument training course will be si-onsored lointly with Anoka Cou;>ty and the MN DNR.There will be a deputy and special deputy training course on report writing and court handling of citations by cteve Taun, prosecuting attorney for the LMOT. from Holmes & .. , Inspections of charter boats and rental boats w.ll be completed by April 30. of by Lake Use CommitLee April 16, 1990 6. Commercial Sales The executive director furnished an outline, recommended by Attorney LeFevere, evaluating commercial sales on the Lake to assist the committee in determining what regulations, controls or prohibitions should be considered. Pillsbury appointed Foster to initiate a sub-committee review of the subject. 7. Personal Ski Machine (Ski-Free) Roger Montgomery presented the committee with literature describing the Ski-Free, a personal water ski machine. It is a jet drive 40 hp unit, 6 feet in length, operated by the skier from a 40' tow line and remote control. Montgomery asked if such water skiing device would be allowed on Lake Minnetonka. LMCD ordinance requirement for an observer in a boat towing a water skier was raised as an issue. Chandler observed that the device qualifies as a watercraft at 40 h.p. On face value it would not appear to be permitted on Lake Minnetonka. Pillsbury referred Montgomery’s inquiry to Foster and Chandler, asking for a report in thirty days. Grathwol mentioned hovercraft as another form of watercraft the committee might want to look at. Reese said he believes the water ski observer rule is too strict during certain quiet times. Foster said he will Include that in his report. 7. Safety Program - Underwater Found Obstructions (UFO) Reese proposed a program. Underwater Found Obstructions (UFO), which would mark obstructions that would not normally be found except for the low water. He proposes the LMCD launch a public information program asking the public to mark any obstructions they find with a temporary buoy (plastic bottle), advise the LMCD. An approved danger buoy could be placed there by LMCD personnel working on the weed harvesting program. Reese moved. Foster seconded, to recommend the expenditure of up to $3,500 from the Save The Lake reserve fund for the acquisition of buoys, chains and anchors to implement the UFO program. Motion carried unanimously. , Chandler has a catalogue of buoys to assist in selecting proper buoys. , .Reese furnished the executive director with a proposed news release to announce the program upon approval by the Board. 8. Adjournment. Babcock moved, Bjorlin seconded, that the meeting be adjourned. 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