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Home My WebLink About03-27-1989 Council Packetr\PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) ^ ^^ 2.CiULU Ctt c.{y '"■ ' 'A do L’n (:<^/o 3 • ^ f A'V'V’ r' ^ f /.J I^PlA 5. o. 7. 8. 9. .0. .1. .2. .3. .4. ,5. .6. 7. 8. 9. 10. cornel K.AR 27 lS-39 3 MinUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 13, 1989 ^‘TV Of ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, CounciImembers Goetten, Nettles, and Peterson; CounciImember Callahan was absent. The following represented the City staff: Acting City Administrator Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning c:nd Zoning Administrator Gaffron, Chief Kilbo, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to approve the Consent Agenda. Motion, Ayes=4, Nays*0, Motion passed. RECOGNITION - LT. GARY CHESWILK Mayor Grabek expressed the appreciation on behalf of himself and the City Council for Lt. Cheswick's achievements and accomplishments during his 20 years of service as a police officer. Mayor Grabek read the Resolution of Recognition. INTRODUCTION - RECYCLING COORDINATOR MARGE VIGOREN Ms. Vigoren presented the Council with statistics regarding the participation in the recycling program. During the first three weeks of the recycling program, Orono had 35% participation. In time, that percentage will need to increase, but Ms. Vigoren felt that Orono was off to a good start. The combination tonnage from the curbside pickup and mobile drop-offs provides Orono with a 13% abatement. The waste abatement goal required by Hennepin County fo 1989 will be 10%. This percentage will increase to 16% in 1990 and yard wastes will not count in the total tonnage. The Metropolitan Council is pushing for that goal to increase beyond 16%, possibly to 25%. Ms. Vigoren suggested three possible approaches that would aid in the increase of recycling: Promotion and Education - Information pertaining to recycling can be placed in local newspapers, inserts in water/septic bills, city newsletter articles, and church bulletins. In addition to these methods, neighborhood signs, electric message boards at banks, the creation of a float for the summer parades and a competition for participation among neighboring cities could also be used to promote recycling. Hennepin County intends to do an advertising campaign beginning March 20th. City Action - Other cities are using a volume based and/or variable rated garbage fees. Volume based would involve a base price for pick up of one receptacle of garbage and additional fees for two or more. Mandatory recycling is another method being used by other cities. St. Paul will begin mandatory recycling by mid-summer of 1989. MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 RECYCLING CONTINUED Increase List of Recyclables - If more items can be recycled, there will be a lesser amount of buriable wastes. Plastics are becomming more recyclable. Polka Dot Recycling will be accepting the PET (pop bottles) plastic and the HOPE (milk jugs) plastic in the Spring of 1989. Initially, these will only be accepted at the drop-off centers, but it is hoped that they will be incorporated into the curbside pick up in the near future. Mayor Grabek thanked Ms. Vigoren for her information and expressed his opinion regarding the importance of recycling. APPROVAL OF MINUTES* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to approve the Minutes of the February 27, 1989 Regular Council Meeting. Motion, Ayes=4, Nays=0, Motion passed. PLANNING COMMISSION COMMENTS Planning Commission Representative, Sa^-a Moos, was present but had no comments at this time. PUBLIC COMMENTS There were no public coiranents. ZONING ADMINISTRATOR'S REPORT: #1363 ROGER AND BECKY BERRY 1392 BALDUR PARK ROAD VARIANCE RESOLUTION #2587 The applicants were not present, however, Mr. Rod Lund, the Berry's developer, was present on their behalf. Acting City Administrator Gerhardson provided a brief explanation of this application. The Berrys were requesting variances for hardcover and average lakeshore setback, as well as a conditional use permit, in order to construct a new residence. CounciImember Goetten mentioned the fact that she had seen 2 piles of dirt located near the lakeshore on the Berrys property. She asked Mr. Lund if he knew why it was there. Mr. Lund replied that he did not know, but would look into the matter. Goetten asked Mr. Lund to keep the City informed. It was moved by CounciImember Goetten, to adopt Resolution #2587 approving the variances for hardcover and average lakeshore setback, as well as the conditional use permit, per staff recommendations. Motion, Ayes=4, Nays=0, Motion passed. MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 #1364 EDWIN GAGE 480 TOHKAWA ROAD REVISED PROPOSAL RESOLUTION #2588 Mr. Gage was not present for this matter, but represented by his landscape designer, Mr. Dale Gustafson. was Acting City Administrator Gerhardson explained that Mr. Gage was seeking a hardcover variance in the 0-75* setback zone, to construct a 6* wide »'^alkway. This item was previously reviewed by the Council and was tabled at their February 13, 1989, meeting. Mr. Gustafson said that he had had an opportunity to explore other options and questions that the Council had previously discussed. One question was whether angling the posts would offer more stability. It was determined that it would be very difficult to auger the holes properly and in order to gain the stability, the posts would need to be angled in such a way that they would limit passage. Mr. Gustafson clarified why there was a need for the walkway from the 929.4* elevation, shoreward. The existing dock extends across a marshy bay. The aspect of dredging was explored but Mr. Gage believed it would have a negative impact on the bay. The ground in that area is very spongy and muddy and the walkway would allow pedestrians to get from the dock to dry ground. Mr. Gustafson and Mr. Gage felt that the 6* width would offer more stability. If a 4* width were used, there would be more tendency for the walkway, in time, to shift. Once installed, it will be very difficult to repair or correct any problems caused by the shifting. When this proposal was presented to the DNR, they felt that the 6* width would be acceptable because it would make the waJkway more safe and stable. Because of the unique area in which this walkway would be placed, Mr. Gustafson did not believe that approval of the 6* width would be precedent-setting. CounciImember Goetten stood firm on her previous recommendation of a 4* walkway. She commented that input from the City Engineer would have been helpful in determining whether the 6* width would actually add more stability and safety. Mr. Gustafson explained that the walkway, which was **a matter of convenience and practicality", was adding 420 s.f. of hardcover in an area where there was currently no hardcover. The hardcover would be such that it would be a flat surface, over a marsh area, where there would be no impact on runoff due to any water running off the edge of the walkway into the marsh. The use of a metal grate that would be 20% hardcover and 80% open was explored as an option to deal with the hardcover issue. Mr. Gustafson also invited the Council to dictate the spacing of the boards of the wood walkway, if approved, to allow for maximum runoff. CounciImember Nettles asked Mr. Gustafson for clarification as to whether the 6* wide metal grate would be more porous than a 4* wide wood walkway? Mr. Gustafson stated that the metal grate proposal was being mentioned as an option to adequately handle MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 ZONING FILE «1364-GAGB CONTINUED the stability and safety issue that a 6' wide walkway would provide, however, it would be more expensive. Nettles questioned whether a railing would be used if the 4' wide wood walkway were approved? Mr. Gustafson replied that it was his intention to keep the walkway as visually low impact as possible. The railings would make the walkway that much more visible and since the walkway will below be 30" in height, the railing would not be required. Nettles expressed his preference for the 6' metal grate. Mayor Grabek believed runoff to be the major issue involving hardcover. He did not see where runoff would be a problem with this particular application, due to the water being dispersed into the wetlands. He would not be opposed to the 6* wide wood walkway and indicated that in his opinion, such approval would not set a precedent. CounciImember Peterson stated that she would approve a walkway 4* in width, but would have a difficult time approving the 6* width. She questioned the issue of the railings. Assistant Planning and Zoning Administrator Gaffron explained that the railing would not be required due to the fact that there would be less than 30" between the platform and the existing grade above the 929.4* elevation. Councilmember Nettles asked whether the cost differential between the wood and metal grate would be a concern to Mr. Gage. Mr. Gustafson replied that he really was not sure about the cost. He suggested that perhaps a motion could be made allowing for either the 6* wide grate, or a 4* wide walkway with the posts placed 6* apart for added stability. Mayor Grabek did not believe that the runoff would differ from allowing hardcover for a 4* wide walkway or a 6* wide walkway. He believed that the 6* widt>' would offer more safety. CounciImembers Peterson and Goetten questioned why railings would not be used to make the walkway more safe. Councilmember Nettles interjected that he would find the railings more visually obtrusive. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to approve the 6* wide walkway with no railings, as requested by the applicant. Motion, Ayes=2, CounciImembers Goetten and Peterson, Nay. Motion failed. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to approve a 4* wide wood walkway with posts placed 6* in width. Motion, Ayes*=4, Nays=0, Motion passed. MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 #1371 ROBERT AND THERESA MINKEMA 3200 BAYSIDE ROAD VARIANCES RESOLUTION #2589 Mr. and Mrs. Minkema were present for this matter. Acting City Administrator Gerhardson briefly explained that the Minkemas were requesting approval of front and side street setback variances to construct additions to their existing residence structure. There were no comments or questions on behalf of the applicants nor the Council. It was moved by CounciImember Peterson, seconded by CounciImember Goetten, to adopt Resolution #2589, approving the front and side street setback variances, per staff's recommendations. Motion, Ayes=4, Nays«0, Motion passed. #1372 DONALD KEMPF 1180 NORTH ARM DRIVE PRELIMINARY SUBDIVISION RESOLUTION #2590 Mr. Kempf was not present for this matter. Acting City Administrator Gerhardson informed the Council that Mr. Kempf was seeking a Preliminary Subdivision Class II, for property located in the LR-lB, sewered, area. No variances are required for this 2 lot subdivision. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to adopt Resolution #2590, approving the Preliminary Subdivision, Class II, per staff's recommendations. Motion, Ayes=»4, Nays«0, Motion passed. #1377 RICHARD ANDERSON 3980 NORTH SHORE DRIVE VARIANCE RESOLUTION #2591 Mr. Anderson was present for this matter. Acting City Administrator Gerhardson explained that Mr. Anderson was seeking approval for side setback and hardcover variances to remodel and construct additions to existing residence. There were no comments or questions on behalf of the applicant, nor the Council regarding this application. It was moved by CounciImember Goetten, seconded by Mayor Grabek, to adopt Resolution #2591, approving the side setback and hardcover variances per staff's recommendations. Motion, Ayes=4, Nays*0, Motion passed. MINOTBS OF REGULAR ORONO COOHCIL MEBTING MARCH 13 r 1989 #1378 CURTIS OSTKOM 4605 WATERTOWN HOAD VARIANCEThe applicant- was present for this matter, as was Mr. Ugurbil, the property owner. As Acting City Administrator Gerhardson explained, this application required approval of a side setback variance to construct an addition onto an existing residence located in a 5- acre zone. The Planning Commission denied this application at their February 21, 1989 meeting. Since that meeting, the applicant has prepared additional information, depicting the reasons why it would be best to locate the addition as proposed. Mr. Ostrom informed the Council that putting the addition on the north side of the house would create a disfunctiona1 floor plan. Also, expanding the house to the north would interfere ’-iith the septic system and would bring the house closer to County Road 6. Locating the addition to the east would mean destroying the "farm-house" architecture of the house and would make the existing dining room area into an interior room with no natural lighting. It would also cause the loss of the porch structure. Mr. Ostrom addressed the issue of the proximity of the addition to the house next door. He showed the Council pictures of the dense vegetation that would obstruct any visual impact of the addition. None of Mr. Ugurbil’s neighbors had expressed any opposition to his proposal. Zoning Administrator Mabusth explained that uhe information regarding the vegetation between the properties and the existing floor plan of the house was missing at the time the Planning Commission reviewed this application. In addition, the original site plan was confusing to the Planning Commission because it showed both the existing and proposed floor plans. Planning Commission Representative Moos, concurred with Mabusth. It was moved by Mayor Grabek, seconded by CounciImember Peterson, to approve the variances requested in application #1378. Motion, Ayes*4, Nays=0, Motion passed. #1379 WAY2ATA COUNTRY CLUB 200 WAYZATA BOULEVARD CONDITIONAL USB PERMIT RESOLUTION #2592 . ^ «Acting City Administrator Gerhardson stated that the Wayzata Country Club was requesting a conditional use permit to construct a pond along Fairway #12. It was mo\ i by Mayor Grabek, seconded by CounciImember Goetten, to adopt Resolution #2592, approving the conditional use permit. Motion, Ayes=4, Nays«0, Motion passed. MIMUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 #1381 JACK RHODE 1690 SHADYWOOD ROAD VARIANCES RESOLUTION #2593 Mr. Rhode was present for this matter. Acting City Administrator Gerhardson explained that Mr. Rhode was requesting hardcover and lakeshore setback variances for total reconstruction of a residence using the existing foundation. The reconstruction will result in a reduction of hardcover within the 0-75* setback zone, however, approval is required because of the new construction. There were no questions or comments on behalf of Mr. Rhode or the Council. It was moved by CounciImember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2593, approving the lakeshore set-back and hardcover variances. Motion, Ayes*4, Nays»0, Motion passed. #1382 JOHN ROGERS 755 TONKAWA ROAD VARIANCES Mr. Rogers was present, as was his Landscape Architect, Mark Lumry. As it was explained by Acting City Administrator Gerhardson, the applicant was seeking hardcover and lakeshore setback variances to allow the conversion of a patio into structural hardcover. This conversion would provide a connection between the existing house and the existing guesthouse. The Planning Commission, at their February 21, 1989 meeting, approved this application on a 3 to 2 vote. Mr. Lumry informed the Council that he had reviewed the various drainage plans suggested by the City Engineer. Assistant Planning and Zoning Administrator Gaffron provided the specific details involved with the drainage plans. The question is whether to allow a drainage pipe to be installed that would take water from the 75-250* zone and discharge it 40* from the lake on a steep slope. Other options would be to end the pipe prior to the slope so that discharge would occur on a flat surface or route the pipe across the property so it will discharge behind the 75* line. Mr. Lumry explained that the current drainage pattern brings water down across an existing patio and is then funneled down a stairway in the 0-75* zone. The runoff is currently being discharged in the same area it would be if the pipe brought it to the slope. Arteka*s Civil Engineer calculated that there would be .25 cubic feet of water per second running through the pipe in the event of the 100-year storm. Councilmember Goetten questioned the hardship involved with MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 ZONING PILE #1382-ROGERS CONTINUED this application. Mr. Lumry explained that the Roger's require the additional space because of their large family. Goetten then asked about a proposed sidewalk. Mr. Lumry stated that the house will have patio doors and the sidewalk would be used to access that entry. He added that the sidewalk would also act as a back up to the drainage catch basin. CounciImember Goetten urged Mr.. Lumry to minimize hardcover wherever possible. Planning Comm. . on Representative Moos explained that the Planning Commissj »n*s concerns centered mainly upon the possibility of additional hardcover variances being sought in the future (i.e. a garage). They preferred to have everything brought forward at once, rather than in a "piece-meal" fashion. Mr. Rogers asked Mr. Lumry to provide the factors they believed would be detrimental to the plan of ending a drainage pipe on the flat surface before the slope. Mr. Lumry explained that the problem would be the possibility of the water in the pipe freezing due to inadequate cover. There would also be a problem with the option of draining across the property due to several larger red oak trees that are susceptible to oak wilt. Also, this plan would offer minimal ground coverage for the pipe and freezing may occur. Assistant Planning and Zoning Administrator Gaffron expressed concern about the grading that would need to occur in the 0-75* zone in order to bury the pipe. There is also concern about erosion of the slope occurring in cases of heavy rainfall. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to approve the hardcover and lakeshore setback variances to attach the existing house and guesthouse, conditioned upon the applicant working with staff to achieve an adequate drainage plan. Motion, Ayes=4, Nays=0, Motion passed. PLANNED DEVELOPMENT ORDINANCE* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to table the Planned Development Ordinance to the March 27, 1989 Council Meeting. Motion, Ayes=4, Nays=»0. AMENDMENT OF DRAINAGE EASEMENT LOT 6, FARVIEW ADDITION RESOLUTION #2594 It was moved by Mayor Grabek, seconded by CounciImember Peterson, to adopt Resolution #2594, approving the amendment of the drainage easement within Lot 6, Block 1, Farview, as set forth in Exhibit "A", ar-^ granting a quit claim deed to release or vacate all interest in and to the drainage easement. ENGINEER'S REPORT None MINUTES OF BEGUIAR ORONO COUNCIL MEETING MARCH 13, 1989 MAYOR ’S REPORT: LIEUTENANT POSITION APPOINTMENT Mayor Grabek addressed the concerns expressed at the previous meeting regarding this appointment. In his opinion, it was Chief Kilbo's managerial responsibility to determine how the Police Department will function best. After investigation. Mayor Grabek felt that the selection process was logical and thorough \d would provide a good means for Chief Kilbo to pick a qualified lieutenant. In addition. Mayor Grabek believed that the appointment of a third lieutenant would help with the lines of communication, which may alleviate some of the low morale. Mayor Grabek's recommendation was that the City Administrator initiate a memo and personally address with each department head the policies and procedures established to address grievances and appeals for non-managerial situations. It was Mayor Grabek*s further recommendation to appoint the second of three lieutenant positions and to fill the third lieutenant position as quickly as possible. He further recommended that monitoring of the Police Department's policies, procedures, management, and police officers* performance be emphasized by the City Administrator, Mayor and Council within normal managerial chain of command. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to appoint Mark Moran to the position of Lieutenant at the third step for Level 10 and to move as quickly as possible to appoint a third lieutenant. CounciImember Goetten stated that rhe still expected to have answers to questions she previously raised and suggested that a specific time frame be established for receiving information from the ongoing monitoring. Mayor Grabek indicated that he would like to re-evaluate the situation on a quarterly basis. CounciImember Goetten stated for the record tnat she was in favor of the appointment and her questions did not pertain to that individual. Motion, Ayes»4, Nays»0, Motion passed. MWCC APPOINTMENT Mayor Grabek asked the Council for their opinion as to whether an individual letter or a letter from the Council as a whole should be sent to support JoEjlen Eurr for reappointment. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to direct staff to submit a letter of support for JoEllen Hurr, on behalf of the City, for reappointment to the Metropolitan Waste Control Commission. Ayes*4, Nays*0, Motion passed. CITY ADMINISTRATOR'S REPORT: GEORoE NORLING - REQUEST/LORD FLETCHERS Acting City Administrator Gerhardson stated that the City has investiaated this situation and has received an opinion from MINUTES OP REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 NORLING CONTINUED the City Attorney regarding this matter. At this time the City of Orono cannot legally intervene unless Spring Park was to rezone and do a comprehensive plan amendment. Mayor Grabek asked for confirmation that the City of Spring Park was not shirking their responsibi1ty as far as the participation of Lord Fletchers within the community. Gerhardson replied that was correct and that Spring Park has asked Lord Fletchers for a parking lot plan for the facility. CounciImember Goetten stated that the residents had reason to be concerned and hoped that Spring Park did not believe in "spot zoning". She wanted to see Orono stay abreast of this matter and perhaps politely address Orono's concerns to the City of Spring Park. This being an informational item, there was no motion. FULLERTON SUBDIVISION 880 TOfiNLINE ROAD INTERSECTION CENTER ISLAND* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to table this application for a center island intersection for the Fullerton Properties, 880 Townline Road, to the March 27, 1989, Council Meeting. Motion, Ayes*4, Nays*0, Motion passed. TSAR XV C.D.B.G. PROGRAM PROCESS CounciImember Goetten inquired as to the number of requests received for rehabilitation funding. Gerhardson responded by saying that the rehabilitation program was very popular. He estimated that the funding would help an additional two or three people. It was moved by CounciImember Nettles, seconded by Councilmember Goetten, to designate April 10, 1989, 7:00 p.m., to conduct a public hearing to determine the use of Block Grant funds for year XV. Motion, Ayes*4, Nays«0, Motion passed. JOINT USE DOCK LICENSES RESOLUTIONS #2595 through #2602 Assistant Planning and Zoning Administrator Gaffron reported that he had 8 joint use dock license applications and that there had been no complaints registered against any of them. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to approve Joint Use Dock Licenses for the 1989 license year for: Foxhill Homeowners* Association, Navarre Cove Homeowners* Association, Rhode/Enlow/Linda 1, Sandy Beach Shores, Walters Port Homeowners* Association, Minnetonka Power Squadron, Victoria Estates Homeowners* Association, and Forest Arms Country Club Addition Homeowners* Association per the resolutions drafted by staff. Motion, Ayes=*4, Nays=0, Motion MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 passed. EQUIPMENT PURCHASE SKID STEER LOADER Acting City Administrator Gerhardson explained that he was requesting approval for the solicitation of two informal quotes for purchasing a used skid steer loader. Approval had previously been given to budget for snow removal attachments to maintain the sidewalks in the Navarre area. The City is currently contracting that maintenance out and the method and equipment the contactor is using, appears to be far more effective than the budgeted equipment. The used skid steer loader would have a variety of other uses, such as maintaining parks, lift stations, fire hydrants, etc. It was moved by Mayor Grabek, seconded by CounciImember Nettles, to authorize tl e Public Works Director to obtain a minimum of two informal quotes for a used skid steer loader and to present the costs to Council at a future Council meeting. Motion, Ayes*4, Nays=0, Motion passed. REPLACEMENT OP POSTAGE MACHINE As Acting City Administrator Gerhardson explained, this item was before the Council because this expenditure was not in the budget. The postage machine prejently being used is very old and obsolete and is becnmming more difficult to repair. It was moved by Mayor Grabek, seconded by Councilmember Goetten to appro\'e purchase from International Mailing System of a Model 307AS mailing system at a cost of $5,406.00 based on total cost over five years. The purchase, from Improvement and Equipment Outlay Fund monies, is to be recovered from the various user departments over a five year period. Motion, Ayes**4, Nays»0, Motion passed. ODD/EVEN OUTDOOR WATER USAGE REGULATIONS* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to table this item until the March 27, 1989 Council Meeting and that Council make any comments they may have to the City Administrator at that meeting. Motion, Ayes*4, Nays«0, Motion passed. 20 TEARS CITT ENPLOTMENT LT. CHESWICK RESOLUTION #2586* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve Resolution #2586 recognizing twenty years of service to tb*> City of Orono by Lt. Gary Cheswick. Motion, Ayes*4, Nays»0, Motion passed. RESIGNATION - ASSISTANT FINANCE DIRECTOR* It was moved by Mayor Grabek, seconded by Councilmember Peterson, to accept the resignation of Assistant Finance Director, Robin Mikelson, effective March 16, 1989, and to authorize filling the position as soon as practical. Motion, Ayes»4, Nays-0, Motion passed. MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 GIRL SCOUT WEEK PROCLAMATION RESOLUTION #2603* It was moved by Mayor Grabek, seconded by CounciImember Peterson, that the Council adopt Resolution #2603, proclaiming the week of March 12-18, 1989, as Girl Scout Week in the City of Orono. Motion, Ayes»4, Nays*0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to accept the City Administrator's Information regarding: Stin Gun; Highwood Storm Sewer; and Goal Setting Status. Motion. Ayes=*4, Nays=0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett was present, but had no report. LICENSES* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to approve the following licenses: Septic System Installers:Elmer J. Peterson R. R. #2, Box 226 Delano, MN 55328 Sullivan's Services, Inc. 3660 Hwy 101 South Wayzata, MN 55391 McCarty Water & Waste 6250 Hwy 12 West Maple Plain, MN 55359 Daves Excavatings 6355 County Road 50 Carver, MN 55315 Home Occupation:Marge Rossing Marmet Secreta/xal 130 Cygnet Place Motion, Ayes«4, Nays*0, Motion passed. BILLS* It was moved by Mayor Grabek, seconded by CounciImember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes*4, Nays=0, Motion passed. ADJOURNMENT 8:30 P.M. It was moved by Councilember Nettles, seconded by CounciImember Peterson, to adjourn the Regular Council Meeting at b:30 p.m. Motion, Ayes*4, Nays=0, Motion passed. MINUTES OF REGULAR ORONO COUNCIL MEETING MARCH 13, 1989 ATTEST; Dorothy M. Hallin, City Clerk James R. Grabek, Mayor COUNCIL MEETIN^ MAR 27 1989 MIHDTKS OP THE SPECIAL MEETING Q|JY Qp QPQ|i|0 ATTENDANCE 7:02 P.M. , ^ ^ .The Council met on the above date with the following members present: Mayor Grabek, CounciImembers Goetten, Peterson, Callahan and Nettles. The following represented City staff: City Administrator Bernhardson, Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, Public Works Director Gerhardson, Building Inspector Jacobs, City Clerk Hallin, Police Chief Kilbo and Finance Director Kuehn. Mayor Grabek stated there was an item of business for the Council to act upon tonight that had not been scheduled. #1085 RICHABD E. BROWN 1245 SIXTH AVENUE NORTH WAIVING APPLICATION OP SUBDIVISION REQUIHEMENTO POR LOT LINE REARRANGEMENT RESOLUTION #2585 . wCity Administrator Bernhardson stated this matter had been approved in November of 1986 and had not been filed with the County in a timely manner and the time for filing has expired. The applicant is requesting that Council waive the application of subdivision requirements. A draft resolution is presented for Council consideration. Mr. Carter Delaitre, Attorney for the applicant was present and had no comments. It was moved by CounciImember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2585 a Resolution Waiving Application of Subdivision Requirements for Lot Line Rearrangement for Richard E. Brown. Motion, Ayes 5, Nays 0, Motion passed. INPORNATIONAL ITEMS CITY PACILITIBS SITE ANALYSIS Mayor Grabek stated the purpose of the special meeting was to review the site analysis study completed by David Kroos of Boarman & Associates. ^ Mr. Kroos reviewed the three site locations, options for each, other site considerations and a schedule to completion for Council. City Administrator Bernhardson noted issues related to each site that were not necessarily evident in the tabular analysis presented. Mayor Grabek discussed his feelings related to the need to move ahead on the issue and asked for comments from staff on the proposals. '•i.- Assistant Planning & Zoning Administrator Gaffron stated his concerns regarding the Crystal Bay site and placement of such a large facility and parking area in the middle of a residential neighborhood. The traffic and noise generated by a combined City Hall/Police operation as well as the physical size of the building would seem relatively incompatible with the neighborhood, and would seem out of place. Building Inspector Jacobs stated that a water supply would be a probelm, also questioned why the Crystal Bay site was graded high for water supply and the Highway 12 site so low when no water is available in Crystal Bay but is available at the Highway 12 site in addition the zoning difference (residentail versus industrial). Also if soil t»orings were to be taken at Highway 12 they should consider testing the Old Crystal Bay site since that may also have poor soil conditions. Public Works Director Gerhardson stated he felt it important to pursue Site C because of location and size. The location has advantages because of access to roadways for public works activities and is adjacent to commercial and industrial zoning. The size will accommodate all functions of City services. It is accessible to sanitary sewer, municipal water and is large enough to allow for future expansion. Building & Zoning Administrator Mabusth stated that Site C would provide the least impact on adjacent land use with Industrial to the east, railroad to the south. Highway 12 and school complex to the north and fruit orchards to the west. Site A is surrounded by an existing small lot residential community and Site B is surrounded by small estate lots and has a difficult/limited access. Police Chief Kilbo stated that with modern transportation the need for a central location is not a necessity. The location at Site B therefore is not as important, additionally it is possibly a location harder to find and harder to describe to possible visitors/scrangers to our area. This site may also have light and noise problems to area residents without a berm. Site A in a residential area may have problems with noise at early morning hours as the police operation is a 24 hour operation, people coming to the station, headlights shining in area, squads leaving the station with red lights and siren, car doors slamming as well as conversation outside. Site C is in a commercial area with no problems to area residents. The location is on a major highway, easy to locate, and it is located at the juncture of a major north/south artery, therefore response time should not be affected . City Clerk Hallin stated Orono has an identity problem and felt that a site that would accommodate Administration/Police and Public Works would be an advantage. Mayor Grabek thanked staff for their comments and Council discussed further the issue of all departments on one site, other possible areaif in the City as potential sites, the purchase of property versus using property currently owned by the City. Mayor Grabek stated his desire was to see the City proceed to the next step. Stating his first choice would be Site C, Option 5 with Site A, Option 1 and Site B, Option 6 being an alternative. Discussion by Council. Mayor Grabek stated the Planning Coraraission should review the site analysis and be kept informed as to any progress in site selection. Counclmember Goetten concurred. It was moved by Mayor Grabek, seconded by CounciImember Goetten to direct staff to work with David Rroos to get soil borings on Site C, as the primary site. In addition soil borings should be taken on Site B as the alternate Public Works site. Motion, Ayes 3, Nays 2, Motion passed. CounciImembers Peterson and Callahan voting nay, stating they preferred Site A. Mayor Grabek stated the staff should send out questionaires to the Crystal Bay residents to get their initial reaction to a proposed new City facility in the neighborhood. ADJOURfIMBNT 8:20 P.M. It was moved by Mayor Grabek, seconded by CounciImember Goetten, to adjourn the Special Council Meeting at 8:20 P.M. Motion, Ayes 5, Nays 0, Motion passed. A'2?TEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk 32289.2 TOs Mayor and City Council FROM: Mark E. Bernhardson, City Administrator^ DATE: March 22, 1989 SUBJECT: Eurasian Milfoil Program Progress COUNCIL MEETING m 27 1989 CITY OF ORONO ISSUE - Presentation of updated information to the Council regarding LMCD*s efforts on Eurasian Milfoil. INTRODUCTION - The LMCD has been able to get a group of ten individuals to donate up to a half million dollars, which they will use for the procurement of the harvesting machinery on the lake. They have now gotten commitments from twelve of the communities around the lake for a total of $56,000-57,000 and anticipate the Wayzata and Minnetonka who will be providing sufficient monies to met the minimum commitment that Orono required as part of their contribution. In addition Senator Gen Olson has submitted a bill requesting funding from the State for this program. At this point the bill has passed a Senate Subcommittee and will be heard by the full Committee this week. The requested funding level will be in the range of $500,000 from State appropriations. ALTERNATIVES 1. Accept the information. 2. Request further information. RECOMMENDATION - It is recommended that the information be accepted as presented. PROPOSED MOTION - Moved by _, seconded by _, that Council accept the information presented regarding LMCD's efforts on the Eurasian Milfoil program. Ayes _, Nays _. 7 From: Date: Subject: Mayor Grabek & Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator March 23, 1989 #1364 Edwin Gage, 480 Tonkawa Road - Variance/Conditional Use Permit - Resolution List of Exhibits Exhibit A - Notice of Council Action 3/23/89 Exhibit B - Proposed Resolution COUNCIL MEETING MAR 27 1939 CITY OF ORONO Attached is a resolution regarding the above referenced matter, for your review and adoption. Please review the findings and conditions to verify that they meet with Council's Intent in this matter. seconded by to adopt Resolution #_PROPOSED MOTION - Moved by _ _ _ _ granting a variance and conditional use permit to Edwin Gage, 480 Tonkawa Road, for construction of a 4' wide platform walkway in the 0-75* lakeshore setback zone. Ayes _ _, nays _ _. APPLICATION NO.1364 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OP COUNCIL ACTION Date of Notice: 3/23/89 TO: Edwin Gage COPIES: 480 TonJcawa Road Long Lake, MN 55356 Gustafson Design 1845 Wisconsin Avenue North Golden Valley, MN 55427 TYPE OP APPLICATION: Variance/Conditional Use Permit DATE OP MEETING:3/13/89 VOTE: 4 For 0 Against COUNCIL ACTION -MOTION: Denial of 6* wide platform in 0-75' zone. Approval of 4' wide wood platform in 0-75* zone. Approval of 6' wide post separation for stability purposes. 1. 2. 3. 4.Approval of hardcover variance to allow 280 s.f. (1.2%) hardcover in 0-75' zone (70* length 4* platform width). The attached resolution will be presented for adoption as a consent agenda item (no discussion anticipated) at the March 27*'n meeting. Applicant need not be present. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Cler)c after review and approval by the City Council. A RBSOLUnON GRAHTIN6 VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8 MSD 10.22, SUBDIVISIONS 1 ft 2, AND A CONDITIONAL USB PERMIT PER SECTION 10.55, SUBDIVISIONS 9 ft 10 FILE #1364 HEERBAS, Edwin Gage (hereinafter "the applicant") is the owner of the property located at 480 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows; Tract A, Registered Land Survey No. 1305, Hennepin County, Minnesota (hereinafter "the property); and WHEREAS, the applicant has made application to the City of Orono tc permit construction of an elevated walkway within the 0-75' lakeshore setback zone, requiring variances to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.22, Subdivisions 1 & 2 which disallow structures and hardcover within the 0-75' setback zone, and a conditional use permit per Section 10.55, Subdivisions 9 & 10 for construction of permanent structures within the floodway and flood fringe districts. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was revie’.'ed as Zoning File #1364. 2. The property is located in the LR-lB Single Family Lakeshore Residential Zoning District. 3. The property is approximately 5 acres in area. 4. The applicant-^ proposal included a walkway platform width of 6' in the 0-75' lakeshore setback zone. Past City Councils have as a matter of policy waived the variance requirements for such access structures which do not exceed 4' in platform width, and have allowed such structures to be permitted by City staff. 5. The Orono Planning Commission reviewed this application on January 17, 1989, and recommended on a vote of 4-3 to approve the proposed variances and conditional use permit for the 6’ wide walkway structure based upon the following findings: Page 1 of 5 A) The proposed walkway structure is necessary to provide reasonable access to the usable lakeshore without forcing the property owner to cross the neighboring property. B) The structure will maintain a low profile and is not intfjnded to have a railing. C) The 6* width, while 2' in excess of the 4* width normally allowed for such structures, is necessary for the safety of the users of such structure, considering the extremely long 175* length of this walkway. D) The structure at a 6* platform width comprises 1.8% hardcover in the U-75* setback zone. There is no hardcover existing or proposed in the 75-250* zone, fhe proposed walkway will have no significant impact on run-off quantity or quality. 6. The City Council has reviewed the facts of the application and the Planning Commission recommendation, and finds that the proposed 6 platform width is excessive, and that a 4* wide walkway platform will provide for adequate user safety while minimizing the impact or hardcover in the 0-75* zone. Furthermore, although the applicant wishes to avoid railings where possible, railings should be allowed for safety purposes at any location on the structure where railings are required by the Building Code. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to 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. 8. The City Council finds that granting a conditional use permit to allow the construction of the proposed walkway with a platform width not exceeding 4* would not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, a r nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City permit per Municipal Zoning Code Section 10.55, Subdivisions 9 & 10 to allow construction of a 4* wide walkway structure in the 0-75* lakeshore setback zone, subject to the following conditions: 1. In the 0-75* lakeshore setback zone, the maximum platform width shall be 4*. 2. The platform posts may be separated by a distance of 6* in width for stability purposes. 3. Hardcover in the 0-75* zone is limited to the 1.2% (280 s.f.) associated with this structure in the 0-75* setback zone (above the 929.4 contour line). 4. Railings for this sfctructure will be allowed only where required by the Building Code for ‘safety purposes. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised y application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (March 27, 1990). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 1989. ATTEST: Adopted by the Orono City Council on this 27th day of March, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 27th day of March, 1989, 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 4 of 5 To: Prom: Date: '*ect: Mayor Grabek & Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator «„ch 23, 138, SOUNCil MEETING #1382 John & Lois Rogers, 755 Tonkawa Road - Variance - Resolution List of Exhibits Exhibit A - Council Action Notice Dated 3/23/89 Exhibit B - Proposed Resolution KAR 27 nc') CITY OF ORQHO Attached is a resolution for approval of the above referenced application, per Council's 4- vote on March 13th. Please review the draft resolution to verify that it meets with Council's intent for this property. Note that one of the conditions of approval requires grading plan approval by the City Engineer prior to filing of this resolution. The applicant and City Engineer have scheduled a meeting for Friday, March 24, 1989 and a resolution of the issue is anticipated prior to the Council meeting. PROPOSED MOTIOH - Moved by ____, acv^unucu _____, uwp _____ granting variances for additional structure in the 0-75' lakeshore setback zone for John and Lois Rogers, 755 Tonkawa Road. Ayes _ _, nays _. seconded by to approve Resolution APPLICATION NO. 1382 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OP COUNCIL Date of Notice: ACTIOH 3/23/89 TO:John & Lois Rogers 19100 Minnetonka Boulevard Deephaven, MN 55391 COPIES: Mark Lumry Arteka Corp. 5800 Baker Road Minnetonka, MN 55345 TYPE OF APPLICATION: Variance DATE OP MBBTIKG: 3/13/89 VOTE: 4 For 0 Agai.ist COUNCIL ACTION - MOTION: To conceptually approve the requested variance for structure over existing grade level hardcover in the 0-75* lakeshore setback zone# as proposed, subject to revision of the grading plan to eliminate, to the greatest extent possible, direct discharge of run-off piped into the 0-75* zone, such drainage plan to be reviewed and approved by the City Engineer. The attached proposed resolution will be presented for Council approval on March 27, 1989 as a consent agenda item (no discussion anticipated). If the applicant has any questions regarding the language of the resolution, please contact staff immediately. Please arrange to sign the 3 original resolution copies at the .,lty Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. If you desire certified copies of the official Council mlr-tes, they are available from the City Recorder or City Clerk after review and approval by the City Council. h ^:iLDTIOH 6RAHTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 « 2 AND SECTION 10.55, SUBDIVISION 8 FILE #1382 WHEREAS, John and Lois Rogers (hereinafter "the applicants") are the owners of the property located at 755 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 & 2 and 10.55, Subdivision 8 to permit the construction of new structural hardcover in the 0“75' lakeshore setback zone where no structure or hardcover is normally allowed, and a variance to allow encroachment past the average lakeshore setback line where no encroachment is normally allowec. Minnesota: HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1382. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 21, 1989, and recommended approval of the proposed variance on a vote of 3 in favor, 2 against, based upon the following findings: A) The proposed addition is almost entirely over an existing patio hardcover area, hence the impact of new hardcover is minimal. The applicant proposes to remove a long shed structure near the lakeshore, resulting in an overall decrease in 0-75' hardcover of 1 s.f. Hardcover in the 0-75' zone will not increase above the existing 21.9% level. B) The necessary variance for encroachir ,nt past the average lakeshore setback line should be approved since no views enjoyed by neighboring property owners will be affected by this construction. Page 1 of 4 3. The applicants are advised that replacement of the existing lakeshore stairway structure in kind will require a conditional use permit if such reconstruction results in a stairway width in excess of 4' or in excess of the currently existing length. 4. Authorities granted by this variance run with the property not with the applicants, but are permissivt 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 (March 27, 1990). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, regular meeting held this 27th day of March, 1989. ATTEST: Minnesota at a Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OP HENNEPIN ) 8S. The foregoing Instrument was acknowledged before me on this 27th day of March, 1989, 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 3 of 4 C) The proposed structural addition merely connects two existing structures on the property, and follows the existing pattern of development of structures on the property. D) Drainage on the property should be reviewed by the City Engineer. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, 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. CONCLUSIOHS, ORDER AND COHDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zon'*-"» Code Section 10.22, Subdivisions 1 & 2, and Section 10.55, Subdlvlslo to permit the construction of a residential addition which comprises an ^ roachment past the defined average lakeshore setback line and comprises new structure in the 0-75* lakeshore zone where such structure is not normally allowed, and to allow hardcover in the 0-75* zone of 21.9%, where no hardcover is normally allowed, subject to the following conditions: 1. Applicant shall remove the long narrow storage hed in the 0-75* lakeshore zone as noted on Exhibit B. Hardcover in the 0-75* zone shall be limited to 21.9% as shown on Exhibit B. Any future requests for additional hardcover in the 0-75* zone will not be approved. Future hardcover requests in the 75-250* zone will be reviewed in relation to the overall hardcover percentages normally allowed on the property (i.e. hardcover existing in the 0-75* zone will be credited in the 75-250* zone for calculation purposes). ?- Prior to filing of this resolution with Hennepin County and prior to issuance of a building permit, the applicant shall provide a grading and drainage plan for the property that meets with the approval of the City Engineer. Page 2 of 4 Mayor Grabek & Orono Council Members City Administrator Bernhardson Prom: Date: Subject: Issues - Michael P. Gaffron March 23, 1989 , Asst Planning & Zoning Admiirt?Jra^pr|^Tj-r-y,^ r.-'. 27 #1366 Loren Butterfield, 3925 Watertown Road - second Review At the Council meeting of February 13, 1989, Council tabled this application pending further staff review of issues related to applicant's proposed changes to the standard Plowage & Conservation Easement. Also, the applicant was asked by staff to submit in writing his concerns regarding the plat approval conditions recommended by the Planning Commission. The issues have been defined as follows: 1. The applicant feels that allowing no accessory structures south of the Luce Line is too restrictive. This is addressed in Item I below. 2. Applicant objects to the 100' setback for accessory structures from the Luce Line Trail. (Planning Commission has since clarified that on the north side of the Luce Line, accessory structure would only be subject to the normal 10' rear lot line setback.) 3. Applicant requests that specific language within the Conservation & Flowage Easement be revised for the southerly wetland, and that no easement be required for the pond near the greenhouse operation. This is addressed in Item II below. List of Exhibits Exhibit A - Applicant's Comments Regarding Resolution Conditions Exhibit B - Applicant's Proposed Easement Wording Exhibit C - Staff Sketch of Location of Woods, Trail, & Peat Removal Area in Relation to Luce Line Trail Exhibit D - Letter to Applicant of 3/20/89 Exhibit E - Memo & Exhibits to Planning Commission, 3/14/89 Exhibit F - Letter to Applicant, 3/8/89 Exhibit G - Letter to City Attor.i.5/ Barrett, 3/6/89 Exhibit H - List of Exhibits Sent to City Attorney for Review Exhibit I - Letter to City Engineer, 3/6/89 Exhibit J - File Documents Regarding 1975 Discussioiv of Peat Removal Use • Exhibit K - Draft Preliminary Plat Approval Resolution Exhibit L - Council Action Notice, 2/28/89 Exhibit M - Council Minutes, 2/13/89 Exhibit N - Memo & Exhibits of 2/9/89 Exhibit 0 - Applicant's Submittals Regarding Non-Conforming Accessory Uses Exhibit P - Applicant's Greenhouse Operation Brochure ^>04. 61 gciAfO ©A-TTEY’F/eT-lb Zoning File #1-36 March 23, 1989 Page 2 of 4 Discussion - !• Accessory structures south of Luce Line. The reasons for Planning Conunission's reconunendation to not allow any type of structures south of the Luce Line were unclear to staff# hence the Planning Commission was requested to restate those reasons at their meeting of March 20# 1989# which they did. Their reasons for that recommendation are as follows: A) Allowing accessory structures on the south side of the Luce Line would encourage traffic across the trail# which would have a negative effect on the trail and its users. B) Perpetuating the use of this crossing will lead to a higher potential for that crossing becoming a driveway to serve a future house on the south side of the Luce Line; the Planning Commission would prefer that this not ultimately happen. C) The public access easement across the Luce Line will not be within the boundaries of the new building site. This makes it impossible for the property owner of the new building site to control his accessory structures on the south side of the Luce Line. The applicant suggests that the concer*i ; ted in C above could easily be remedied by granting an access easement c ^ lot 1 and Outlet B in favor of Lot 2 and Outlet A. Regarding the actual amount of traffic crossing the Luce Line# applicant notes that his current use of the crossing is no more than a few times a month at the very most. Furthermore# he notes that though the DNR will not likely grant an additional access point between Lot 2 and Outlet A# such an access is not physically possible due to the topography. He also notes that the easement is a public easement# allowing anyone to cross the trail at the crossing point# hence Mr. Butterfield certainly would have the right to grant easements across his property for other parties to use the trail crossing. Staff would hesitate to recommend a reversal of the Planning Commission recommendation# however# Council is requested to consider whether# as applicant states# not allowing any accessory structures south of t. 3 Luce Line is an unreasonable condition for this property. Note that the total dry acreage of Outlot A is 2.79 acres. II. Wetlands. The applicant has historically used the two wetlands in question for his flower growing operation. Specifically# the northerly wetland was created by the applicant in 1953# by constructing a dike across a swale area to create a 3/4 acre pond that at its deepest is about 10* deep. That pend subsequently was listed as a designated wetland by the City in its mid-l?70's delineation of wetlands. Applicant has used this wetland for two spijcific purposes: 1. Retention of run-off from greenhouse buildings - retains nutrients and sediments also. Zoning Pile #1366 March 23, 1989 Page 3 of 4 2. Re-use of water for plant growing operation as well as fire protection. The wetland occurring south of the Luce Line adjacent to and within Outlots A & B, is part of a 50+ acre wetland complex northwest of Stubbs Bay. Applicant's uses historically have included: 1. Peat removal for greenhouse use (not for retail sale of raw peat). 2. Water for greenhouse operation and fire protection during times of severe drought. Note that past peat removals have resulted in a small pond within the boundary of the wetlands, that is about SO'xlOO* in area, or about 2/10 of an acre. The applicant has requested that the northerly pond not be subject to a Conservation & Flowage Easement, and has requested that specific changes be made in the standard format Conservation & Flowage Easement wording for the southerly wet.land. Specifically, he wishes no new restrictions which will hinder his historic uses of those wetlands. Staff's interpretcti«~n of the zoning code requirements is as follows: 1. Regardiiig the northerly wetland, removal of water for the greenhouse operation is not strictly regulated by the zoning code, although one could Lake a conservative view point and infer from the code wording that such a use would not be allowed. Use of water for irrigation purposes is not listed as a permitted or conditional use in the flood fringe district, hence one could make the interpretation that water removal would require a conditional use permit per Section 10.55, Subdivision 10 (B) 4. 2. Regarding peat removal from the lower wetland, such a use anywhere in Orono was prohibited by Ordinance 125, the wetlands ordinance adopted in 1970. Such a use has required a conditional use permit since that time. Applicant was !^dvlsed in 1975 to obtain a conditional use permit for the peat removal prior to 1975, and would have to make an application to the City, watershed district, and DNR for all future peat removals. Such approval has never been obtained by applicant. Applicant's removal of peat occurs only every 3 or 4 years, and over the past 35 years has resulted in opening up a relatively small portion of the overall wetland. This likely has created good wildlife habitat where such did not previously exist. There may be good justification to ultimately grant the applicant a conditional use permit for limited peat removal if such an application is forthcoming. Zoning File #1366 March 23, 1989 Page 4 of 4 The applicant requested that the City Attorney provide an opinion regarding his rights to unhindered continuation of uses which have always been occurring accessory to his principal conditional use. City Attorney advised staff of the estimated $1,000 fee to make such an opinion, and staff advised applicant he would have to foot the bill. At this point, applicant apparently has not given the attorney the go-ahead to make that opinion. Staff contends that an opinion is not necessary, and that restrictions imposed by the wetlands ordinance take precedence over the pre-existing activities made illegal by that ordinance. Also, the City Engineer was requested by staff to review the public benefits associated with each of the two wetland areas, to determine whether Conservation & Plowage Easement language can reasonably be revised to protect both the applicant and the City. That recommendation has yet to be received as of this writing, however the preliminary indications are that the upper pond could be covered under a drainage easement and that the continued ponding and reuse of water is not detrimental but perhaps is beneficial to the watershed. Regardi*^ the lower wetland, although the need for a conditional use permit is obvious, the continued removal of peat at a low level of use as in the past, would likely not be detrimental to the wetland but is probably beneficial to wildlife. Staff Wta i>—omiwt i iin — Under the assumption that the above will reflect the recommendations of the City Engineer, staff would recommend the following be considered for conditions of final plat approval; 1. Applicant shall grant a drainage easement over the northerly pond. The easement wording will allow continued withdrawal of water from the northerly pond, and will require that the pond be maintained in its present condition. 2. For the southerly pond, applicant shall grant a Conservation & Flowage Easement, the conditions of which will be referenced as being contained in the conditional use permit for peat removal. The conditional use permit shall be applied for and the approval process completed prior to final plat approval. (This will allow applicant some flexibility in his future possibilities for use of property while giving the City a permanent easement for protection of the wetland.) SuBBary of issues to be addressed by Council: A. Does Council wish to allow accessory structures south of the Luce Line in either Outlets A or B? B. Does Council agree with above recommendations for protection of the wetlands? Staff will re-draft the proposed preliminary plat approval resolution based on Council's directives. Does Council have any questions regarding the other conditions of preliminary plat approval (see Exhibit K)? A A RBSOLUTIOH GRANTING PRELIMINARY APPROVAL FOR A PLOT AT 3925 WATERTOWN ROAD APPLICATION NO. 1366 #3 - Page 1 of 6 The property was split by the Electric Short Line Railroad in 1913. There was no way to combine the property in the ensuing years. The Chicago Northwestern Railroad purchased the property and then it was conveyed to the Department of Natural Resources/ which own the trail which splits the property. #8 - Page 2 of 6 I would like to take each of tne wetlands separately. The wetlands on the extreme far south portion of outlot A and B has a history of use. In 1935 there was a very dry condition in the marsh and a fire consumed the cover on the marsh. Because the drought of those years/ the peat caught on fire along the north edge of the marsh. This burned into the winter until it finally extinguished itself from the cold adverse weather. In 1950 there was a cottage cheese plant operating close to the present DNR Trail. The washings went into the marsh north of Stubbs Bay. At that time/ I diverted the washings along the marshes to my property by permission of landowners at that time. This water was used for irrigation purposes. This area was enlarged and a portion of the peat was used in the growing operation. Following that time/ peat has been extracted from time to time to accommodate the needs of the growing operation. We use 400 yards of soil an'"* plus 50 yards of Canadian peat for our growing each It is essential we have soil for our growing. The physical properties of this peat is vastly superior to peat from marshes from Wayzata east to around the Twin Cities. The wetlands located in Lot No. 1 was not wet lands until I had constructed it in 1953. A careful study of the terrain will show it has hardly any natural runoff. It was built for irrigation purposes. It provides storage for runoff from Hardcover area of greenhouses and ground water. This is recycled back onto the growing crops. We use 100/000 to 400/000 gallons of water a year from this source. We have at this time only 2 choices to grow the crops. Use this water or pump water from the aquifer in *'r area. In the sense of conservation, it is ir^- feeling that the use of grade 2 water is to be preferred over grade 1 water. This has been an existing use prior to enactment of ordinances referring to wetlands. We are a nonconforming farm use with all the rights and privileges that are available in that area. I believe this falls into the accessory use within the scope of the zoning requirements. il2 - Page 3 of 6 The requirement for 100 ft. setback from the Luce Line appears to be more restrictive than the ordinance. The 100 ft. front set back 50 ft. east and west setback is well within the framework of the site that we have chosen. Numerous other buildings have been allowed along the trail from as close as 4 feet from the trail right-of-way. §9 - Page 4 of 6 The ordinance doesn't appear to address the issue of no accessory buildings in a piece of property of this size. On preliminary survey of the property requiring 10 ft. each side and 26 ft. from wetland would give adequate area for accessory buildings. There is no question as to access because the DNR crossing is a public right-of-way. There is also an area for a mound system on the east part of outlot A. As a overview, I would like to give some historical data concerning the whole growing operation. In 1898 my grandfather settled approximately 1-1/4 miles to the north of me in Orono with a apple-dairy-beekeeping operation. In 1920 my father started raising vegetables and flowers approximately 2 blocks east of where I'live. 40 years of growing on this land, which I acquired when I was 21 years old, has been very rewarding in purpose and enjoyment as an occupation. As I look at another generation picking up where I leave off and go on generations into the future, I am pleased that I've had a location in the City of Orono to receive all this blessing. We've had roots in this area and we want to keep them here. /*o C. A-»/iAt^ 7-ti a^^y'T p^c e^e-j^e^T*,gcLx>»^^ r^i ^Vfe^ /rj / FLOWAGE AND CONSERVATION EASEMENT JVND WAIVER OP DAMAGES THIS INDENTURBr made and entered into this ^ 19_, by and between _ _ assigns, and successors 3 day of _________ and its heirs, SrSt^Vs) ‘"an/thri!?rof ‘'oVonoritrsu\°cVstorraV/ asslgnsf'^a ’/unicipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1,00) and other valuable consideration, hereby covenant, arant? gift, quit claim and convey ti grantee the right to restrict and grantor(s) agree to limit and preclude the use, and development, under the conditions and covenants herein following described Land in the County of Hennepin and State of Minnesota. . See attached Exhibit A designated as drainage easement area. (0M\T ^ /) as follows: 1. Grantor(s) hereby covenant and agree(s): with the natural state of the Land* __ _ __ _ _ _ _ __ _ __ _ _ _; Tt* Vt6€T«^0#J )6£ywo(/AC ^Yrent as consistent with acricultura ^"^actices that have been carried on by the grantor D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or “P°" if waste, trauh or garbage shall be placed, dumped or stor i:he Land. __ __ _ _ . .. —i E. No use shall be made of the Land except uses, if any which will not chancre or alter the natural condition of the Land, and no use which would tend to change the drainage flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Lancj^itu F. Grantee may enter upon the Land for the inspection and enforcement of the covenants contained he-^^ - to cause to be removed from the Land without any liabili-y^s ^ structures, uses, materials, substances, or unr rural ma-ter inconsistent with the covenants contained herein and the natural state of the Land. day of and its heirs. FLOWAGB AND CONSERVATION EASEMENT AND WAIVER OP DAMAGES THIS INDENTURE, made and entered into this _ 19 , by and between _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ asFTgns, and successors Thereinafter collectively referred to as the Grantor(s)] and the City of its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1,00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed frcm the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the L^nd without the written conrent of Grantee. D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contaii.ed herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. * 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all clrims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agree ments. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s) herein certify that the free and clear of all encumbrances except: land herein described are All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. STATE OP MINNESOTA ) ) s s. COUNTY OF HENNEPIN ) On this day of 198 before me a Notary Public within and for said County and State, personally appeared _ _ _j__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES This instrument was drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS Center, Minneapolis, MN 55402 (612) 335-9331 a cii\r :; aF QHQMa r. r •£> CITY of ORONO Post Office Box 66•Crystal Bay. MinnesoU 55323• Munidpai Offices On the North Shore of Lake Minnetonka March 20, 1989 “• Loren Butterfield 3925 Watertown Road Maple Plain, MN 55359 Re: City Attorney Opinion Regarding Staff's of Accessory Uses Dear Loren: Staff has been advised by the City Attorney that the opinion you requested would be more extensive than he anticipated, and the charge for that opinion would be in the neighborhood of $800 to $1 000 Based on that figure, staff asked him to hold off on tnat r>^v pending Mark Bernhardson's certification that the City would cover some portion of that cost. It was Mark's determination that the City would not cover any of that cost. Therefore, -inless you are willing to cover the entire cost, the City Attorney will not be providing the opinion that you requested. Please advise us immediately if you wish to have him go ahead with his research and drafting an opinion, the entire amount to be at your co- Based on our previous discussions, I presume that you will not want tc ahead with his opinion based on the high cost, however that is your opt if you wish to have him proceed. As an alternative, you may wish to have your own attorney look into the matter. Please call me if you have any questions. We are anticipating a recommend ^■t'ion from the City Engineer regarding the public benefits provided o'j, the wetlands and the need for easements, and still anticipate scheduling your application before the City Council at their March 27th meeting. Sincerel Michael P. Gaffron, Asst Planning & Zoning Administrator MPG/tjui cc: Mark Bernhardson, City Administrator Jeanne Mabusth, Building & Zoning Administrator BUILDING a ZONING - 473*7357 ASSESSING ADMINISTRATION A FINANCE - 473*7358 PUBLIC WORKS - 473*7359 Tos Planning Commission Chairman Kelley ^ __ Orono Planning Commission Members ' City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: March 14, 1989 Subject: #1366 Loren Butterfield, 3925 Watertown Read - Request for Clarification on Planning Commission Recommendation List of Exhibits Exhibit A - Applicant's Letter Exbil-lt B - Proposed Preliminary Plat Exhibit C - Proposed Plat Layout Discussion - Mr. Butterfield's application for a subdivision to create a new building site near the Luce Line Trail was reviewed by the City Council at their meeting of February 13, 1989. Mr. Butterfield brought up a number of concerns during and after that meeting, regarding conditions which the City is proposing to place on the property. His concerns relate to use of the wetlands, building setbacks, and the condition that no buildings can be constructed south of the Luce Line. I. The acplicant has requested that Planning Commission clarify their reasons for the recommendati-r ihat no structures be allowed south of the Luce Line. One additional fact that was not before the Planning Commission during your review, is that Mr. Butterfield's easement across the Luce Line is a public easement, and the DNR does not limit the usage of that easement to Mr. Butterfield. Because of this, the potential for access to the easterly parcel sc th of the Luce Line is under Mr. Butterfield's control to a great degree and under DNR's control to a much lesser degree Although this is not an attempt to convince Planning Commission to change their recommendation, it will be helpful to both staff and the Council if Planning Commission can detail your reasons for recommending that no structures or accessory structures be allowed south of the Luce Line. II. A secondary issue in this matter is the setback requiremer** for both primary and accessory structures. Was the Planning Commis. on's intent that accessory buildings on the north side of the Luce Line meet the required principal structure setack? In a typical two acre lot, if the rear yard lot line is up against the Luce Line Trail, the City wo'ild normaly allow a 10' setback from the Luce Line for accessoij buildings. Please clarify your intent regarding accessory structure setbacks on tjth the north and south sides of the trail and give your reasoning ~for your recommendation. Zoning File #1366 March 14, 1989 Page 2 of 2 III. The applicant feels the south line of Lot 2 should not be considered as a rear lot line, since the property continues across the trail. He would prefer a 50' setback to the Luce Line for construction of the principal residence. Please re-state your views on this Issue. The zoning code does not specifically address Mr. Butterfield's ncn-contiguous situation, and the City certainly has the right to impose reasonable conditions in this variance situation. IV. Finally, note that tne City Attorney, City Engineer and staff are reviewing applicant's concerns regarding continued use of the designated wetlands for peat removal and irrigation purposes. At this time the Planning Commission is not requested to address these issues. 5LrVl?i.i5ML ■ Propoi#*! Sgitili 11 ti„n for I Offn ». lutirrlIt N II* Ifit SoMlhMKtt 0u4r|tr af Stftiut. 1/ nn. '•••aa*lim Count r. Hinna\nit a 1-/V-a? e-/--vTic __ \rAf^F Ta«l pjri af tilt Horthkttt Owtrttr of tho Sotlhutfl Otiritp 0««rifr: thtnct tfcrih Citt Jit f•«l CtnifrMne cf W4lfrto.« ;o«tf (fOfMrlf LlS in 40? f»*t*1009 t«H ctnttrllnt to « polnt'lJS C llli. i 0' *•'«» Joulhut't Ou-tritr .M ro“;;? ""*•= to MSC that ptri of ttiO KorthutU Qutritr cf tOt *otlhuti» to? i;n S-i J .i '’i*'’**'’ Of tn# Southu.ji Ou*rt#r i,,t- ■ On^ri^r' 5o«lO of tPt Parthutsi corntr of ;||0 «oulfi- <’9 J??* fftt latncc'rUlt '**’* effiai .i.rf! ...r f**t *’* "*t: (htncf Korih 4J9.JiiS .. ...A's;:;:;;, i*nt ^f iird Jn^i'ritr**” p*'’*"*' *11" to*’ sot.inunr?i.U ? oulfiutll Ottrltr ( I>m«nct of 195 f».t ihtntr 4 rt ttSnce ef 4 34‘l **"> So«»»-*»t Outrttr t Pr 1,'“^ it'-P"';* Soutit f4r«ll-l .Ith» , lint cf stid !outfiiitS( Outriff to tht Soum. im« r# jth Pnnciptl Mariditn.l*«. «*n9# 13 Witt of m# Af.o, ■..i i .i A. iiiilawai r«PH. tf tut f lllil fiZopDSet I>(V/S/OAi IfIC. 'OfPri, f||.LcT Ii /2..IS A<- Titwt 0‘t~<S: /. 4«. ItTAi- Lo'f 2.1 2.y^<vc-Dtey 0-L. A ; z.?*? At w-r (3.5V/5C-T57»t-^ ^ 5.2^3> At tht/ ^' S-^i 3 A''-“rr»TArU- mM: CITYof ORONO Post Office Box 66*CryeUl Bay. MinnesoU 55323 • Municipal Offices On the North Shore of Lake Minnetonka March 8, 1989 Loren Butterfield 3925 Watertown Road Maple Plain, MN 55359 « Re; Request for Legal Opinion Regarding Farm Use Dear Mr. Butterfield: I am enclosing a copy of the letter to the City Attorney which forwards your request for a legal opinion regarding accessory uses associated with your farm/greenhouse conditional use. Although staff is not Convinced that such a legal opinion is strictly necessary given the facts of your application, the request for a legal opinion is submitted on your behalf. You should be advised that the City Attorney is a consultant and will be billing the City for his time. Attorney fees which exceed the normal attorney consultant work associated with a subdivision will be billed back to the applicant, as was stated in your subdivision application form. We expect the attorney's opinion to be r»?ceived in time for placement of your application on the March 27, 1989 City Council agenda. Please contact me or Jeanne Mabusth if you have further questions. Sincerely Michael P. Assistant Planning & Zoning Administrator MPG/jlb Jeanne A. Mabusth, Building & Zoning Administrator Mark E. Bernhardson, City Administrator BUILDING k ZONING - 473-7357 ASSESSING ADMINISTRATION k RNANCE - 473-7358 PUBLIC WORKS-473-7359 r-T CITY of ORONO Post Office Box 66«CrystaJ Bay. MinneaoU 55323•Municipal Offices On the North Shore of Lake Minnetonka March 6, 1989 Tom Barrett Popham, Haik & Associates 3300 Piper Jeffrey Tower 222 South 9th Street Minneapolis, MN 55402 Re: #1366, Loren Butterfield Dear Tom: - 3925 Watertown Road ese conditions are consistent with conditions imposed on all subdivisions Butterfield proper has some unique which the applicant requests rel, f from seme of the proposed conditions regarding wetland use. designated wetland on the south side of the Luce Line in his greenhouse operation as a source of peat for plants. Although the farm/greenhouse use has been either a or conditional use on this property since 1968 or before, variance to Secu"f'icfsV, rbL^i^^on^^a /eT/t“pe? Zoning Code Sections 10.03, Subdivision 19. (Copies attached) The eliimen?*! certain sections of the flowage and conversationeasement langauge revised or omitted sc that he can continue the removal of p ' u • from the greenhouses, which is then recycled back onlo the growing crops! in Flowage and Conservation Easement contains language ^ \‘®J generally be Interpreted as the removal of water from this pond for farm purposes. The civile/ht °«ni® condition, and prefers that this pond not be ^ flowage and conservation easement, since he feels that the i 1®."°^.,°^ '^*'® restricts his existing use of that pond to anunacceptable degree. BUILDING A ZONING - 473-7357 ASSESSING ADMINISTRATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 Page 2 of 2 Legal Opinion Requested: Mr. Butterfield has requested that you give an opinion regarding the use of his property. Specifically, since use of the wetlands for peat removal or irrigation purpi..*es is considered by the applicant as an accessory use to his pre existing permitted or conditional farm/greenhouse use, does he have the right to contime these accessory uses after adoption of City ordinances that generally prohibited these uses? The record of approvals of his commercial greenhouse conditional use do not address peat removal or pond use, however, he was notified to apply for a Conditional Use Permit in 1975 for after-the-fact peat removals. The applicant has submitted legal opinions from 2 attorneys in 1968 and 1972 regarding his greenhouse use. In addition, he has submitted a treatise on non-conforming uses from some publication with which staff is not familiar. We would appreciate a legal opinion on this matter early in the week of March 20, 1989 in order that your information be included with the Council packet to be delivered March 23rd for the March 27th Council meeting. Please contact me at 473-7357 if you have any questions. Michael P. Gaffron, Assistant Planning & Zoning Administrator MPG/jlb Jeanne A. Mabusth, Building & Zoning Administrator Mark E. Bernhardson, City Administrator Loren Butterfield, 3925 Watertown Road, Maple Plain, MN 55359 u Bm.AIXS- - A t^r/vCATp-t-i^ Q-*-A^ <? -to e> nPtNin/O /=Te^K»^ Arrrv. ----------- 3 , ^,A>Pvie ^le. «= <LAf^t T~ /9 If , '-{~ll’~(»^______ ♦ ‘ ar, e..»M»^u.rg^ ^/-/V^C.? . rwgw^o fi-z?-!ks2l-------- _Ze-/ ----------------------------- ^ ■ 0^11^1 Qf^ A T7~y. <-g^ ._ /O.i C. >MlriXT&l -2r-72.____________________ ll... ^#TC2Ve_ ------------------------------ t±l___;•__________ /-fj y.s'>')^, MtvyrP______ /6»,j /:::_®'. . c . Izi. /• i7A LMirK- V /*). • • * ■ - —.• .1 -t-A 7ft 2. - / 5“ - 71 .‘ # '* •' - : * 2l J13^9-73 Kv»«yv^«• . 2rZ-ya/^'i./C /so/^. CU(P III ■• ^ ______2_3-,-/-=Z.Ci2Sl../]<r(^--------- 2^-! znS^—fjCx-Z^^^JCES 2r. l-tR-nS' c,. /w/</Ktes_____ -.. ;>• I. «. 2iU.' *^-*V-7S~ Lutt vK vfc fean(^a3~ff5ati. 2-7.' 3-lhJS • _2ff 4 ^ j} X C<^ ftPPUg f!&4T ^€^\/-A^r.-a ------------ ^ ^^tr- C^rf^^ r AJQ FbL^wHr 7^ TT^gg 3 JT AI/AiK-rg^S /y /oT^ /?£}4£. •: ^ •:). i- i. » ■ i t: V., „,:crry.:^ ■ OF ORONO '/t 1 C . . CITY of ORONO Poat Offtoa Box 66*Cry«Ul Bay, MinnaaoU 55323 • Municipal Officaa On the North Shore of Lake Minnetonka March 6f 1989 Bonestroo"! Rosene i Assoc. 2335 Highway 36 St. Paul# MN 55113 Re: #1366, Loren Butterfield - 3925 Watertown Road - Wetlands Dear Glenn: ooo Just as a follow up to our ®\“/’'J,etlan^^ Buttorfleia requesting that you review the tLt the excavated pond n°tth ofproperty. Mr. Butterfield has request^ conservation the Luce Line not be subDect to a f . „a„e and conservation easement has requested specific revisions of the nowage ^ Neither of these standard wording for the wetland south designated on wetlands are specifically protec by ^ Minnehaha Creek Katershe City wetlands maps, and are subject to ui y District review. specifically, we request your opinij^^n ^as^^^^t^^ ®„h®ether rhr^s^P*/ci^Jil‘?ro°v^is?o^%^ :rt“he (lowage attached is a copy of the pertinent p piease contact me at 473-7357 if Plain and wetlands Management Ordinance, you any questions. Sincerely Michael P. Gaff^'^»Michael P. Gafrron, c^ratc^Assistant Planning & Zoning Adnaniswratc-. MPG/jlb BUILDING a ZONING - 473-7357 ASSESSING administration k HNANCE - 473-7358 PUBLIC WORKS - 473-7359 h J ^ 4 •I VlllAtit iji- ORONO Village of Orono P.O. BOX 88. CRYSTAL BAY. MINN. 35333 • MUNICIPAL 0ITICZ3 PHONl 4n*7ai7 ()» th§ .Sorfb Sbftrt Luke MwMttnHks •r V ’.I Mr. Loren Butterfield r • Bktertown Rd. t .Meple Pliin, Mi. 55359 Dear Loren, SoS^Told lac. Lin. ri^t-of-wy shows wntl*^ -- not only for your lend, but also for e considerable area surnamding yours To do ioy flirtlMr iwvnl would mtail tak^ out » w.tlaii^SS in. Oidinance apropo s to ytair situation. Siise this entails a ctmsiderable mount of preparation, I n^ tel you aould be able to do anything this year b^re the ^Tost^ leavesT^hoeever, I feel you should fill out the fota to corer what has been already and will be done in the distant fticure. If I can be of an) help, please feel free to call. Sincerely yours. MduMl Sehollor Inspector MS:cr Bk. 1 • L hr i:f «.* I it M. ««•3 ^1^ . . ^.af*-v“ *5.^<;r;>*. .- ‘j>*: - « -v v“* •?■,* .> •*•/* . ' • >•*#».*• . . * •r •■ % . '■' ■ ** '.' • '• ’•••* V ‘ ■■ •—^'‘• »• .1 - *•• •• '-i ••iT; ^.. .:<*-. ««-^ . ••;•. ., ;-‘.V. • ■•.*•,•’-: ' .£4 t , ; , ' ■ r.^ .■ •■ . .- . ^•'- -■- OROWO COUNCIL MSSTING 0? MAJICH 11, 1975 Bntlmr movmd, Smmrlmm vacondsd, bacause of thm hardship involviKi, to approva a ta^rary oazait to allow Mr. Loran Buttarfiald to raaora 150 yards of past frcn his proparty for his grsanhousa oparation, his applying to tha City of Orono, Dapartaant of Natural Rasourcas, and Klnnahaiia CraaJc Ifitarshad District for any futura usa of this Batura. Motion, Ayas (4) - Nays (0). Tha raouast of Martin Podany, 3285 Carman Road, for laJcashora sathach and h^dcovar vmrianca, was tablad for lack of information, until tha April 8, 1975 maatlng at tha jajtast of Mr. Podany. A neighbor, Henry Halladay, who was praparad to object to tha var..anca, agraad to tha continuation. Stan Stralay's request for a marina and multi-dock at 3286 North Shore Drive, was tablad for lack of information, until tha April 8,1975 maating. A 8tatx2S report was praaentad for multiple of atructuras in single family sonea. Tha Council instructed Village Administrator Benson, Councilman Welsh, and Zoning Adminis trator Muhich to discuss the administrative involvements with two Planning Commission action Beatings in one month and report back to tha Council at a later data. Mr. Robert Bathke, 2610 Mapleridge Lana, appeared before the Council without a formal application for approval of a proposed location of a new home on Parcel 1505, Sho^hills Addition. Tha matter was referred to the Planning Conmission. Tha Orono City Council issued the following policy statement: lagoons that are contiguous or connected to trf^» Minnetonka or joined by dredging, shall be classified aa pert of Lake Minnetonka and shall conform to esiating regulationa. Butler moved, ^Ish seconded, that Reaolution #577, A Reaolution Designating Axle Weight Limits On City Streets, be adopted. Motion, Ayae (4) - Naya <0). Page 2 ^.. OITIONAL OSS PERMIT 3925 Watertown Road SSTBAC3C « VARiANCS 3285 Carman Road .* * * * ^ • •*.*' [. 1 ,r-;vs5S' MARIKA 6 MDLTl-DOCX 3286 North Shore Drive MULTIPLS USB STRDCTtJRBS TWO ACTION HBSTINGS Planning Commission VARIANCB 2610 Mapleridge Lane LAGOONS - LABE MINNETONKA 1WS ina us 8EB MCMfnaa RESOLUTION #577 Road Weight Limits .JU. . zi.'M mjamsaii mm~- .. . . ..i ..■^ V/: • v/ Ylllasa of Orono ConoltlonAl Uaa Application " ?nr oniy^ s;\-%-r.v;£* ., „„.h 11 ~t.«i w =• ss ““ '" < <fjijr Ijf- a ^- rtr»«t Addra** or fropertjr iu»oi»ud: {Larrr\ c ________—;—-: 1^. t«oai beacrlption oi"-i-oparty InT^« • S. Co»3 this property boruai ou ui U» P“-ti adjoining municipality? "hd ;«»nt US?:- - - - -7. _ _- 3tri3t: _r? /A- ..-..cr- -rv-i. ■ ■ •* i jate propart;/ .. - /k A0(iulr*d; ■ eeotloiu of ZoninS Opdln«io«. 7 USM • «** fa- X if r- rf- ;s;^‘ •3.'•. • 1 V * -> THIS mJI HiS BHH ■f in nimriiCSL^ -J-—1£,6 «r« tii9 ”«'! “ ” S Itsn 10^ ^0 aeociona 12. Por HUii^ .1,——T- ^ ^ ■11 "^gSa" cji appiic^^^°^ * w°»ha^Yllittg^ CoT3^^ within Council’’8 action. to tho roqTlli*«»«^^^* ----------------- site is located. Explain- ' ?y t _ ^ . . -V. ...y. ■ ■ • '■■ r’ ■■ .■■ ■ ^r‘' “ •■■ - •• fe; "; ::~Y?;.;'^--:r::-ir.tV£^-' i ^ ■«. .*»;. r-‘- • ®a»“ Zonlns Code. 3qplain. ;r5<’‘•-■5%'^ • -• / •- .i • * :r*r. V.;: sm'•^i^'xm^ ••. ^ •- '»iij . w * y-/:.^ ~ .•V.:'. —va - ■ -r';^ . •! .. . >itj % *C -‘ *% - ;*i ■ >■*'■ '^n r.->nowing macarial auax; ba actacQea to this appiloaclcm: 17. 18. A map or plat showing tha property af roc tad and all lands within 300 foot oC tha boundaries of tha property affacted* •iAn abatractoru certified property certificate listing the names of the property owners within 300 feet of the outer boxandary of the property in question. 19. Detailed plans and drawings showing the proposed deTelopaent* U 20. Acknowiedixement and diffnatui^ Cie undersigned hereoy represents upon all of tho penalties of law, for the pixrpose of inducing . - the Village of Orono to take tho action herein requeetad, that all statements herein are true and that all work herein men tioned will be done in accordance with the ordinances of the^;- . Village of Orono and the laws of tho State of Minnesota. * ;• '•*«•* / Hir ■ V.’ *sss,*» r-.- . .-r , .>• : 1 .. .. • ■■ • --i V .? *• sm K A RBSOLUTIOH GRAHTING PRELIMINARY APPROVAL FOR A PLAT AT 3925 WATBRTOmi ROAD APPLICATION NO. 1366 WHER'^Sr Loren Butterfield on December 22, 1988 filed a formal subdivision application with the City for approval of a 2 lot residential plat of property legally described as follows: Exhibit A attached^ (heiainafter "t' ptoperty"); and WHEREAS, after due published and mailed notice in acjorda-ice with Minnesota Statues 462.358 et. seq. and the City of Orono Gening and Platting Codes, the Orono Planning Commission held a public tearing on January 17, 1989, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 13, 1989, the Orono City Council considered the subdivision application of Loren Butterfield , noting the following findings of fact: 1. The property is located within the RR-IA Single Family Rural Residential zoning district, requiring a minimum of 5 acrea of dry buildable land within each newly created lot, oi which 2 ac’^es must be cc^ntiguous with the building site. 2. The pi iperty contains a ^otal of approxir .y 20.56 acres total area, of wbi jh approximately 18.07 acres is coaside .ed dry buildable. Of tiie 75/:^ total acres, approximately 5.37 ac* -s ar« located on the south tao T,uce Line Trail right-of-way which is ned by the Department of Natural Resources. 3. Tt<' proposed plat contains 2 lots and 3 outlots. P"0; isv d Lot 1, containing 11.44 dry buildable acres, is Intended to rema: ^ith the existing residence and greenhouse cond r roporty. Lot 2, containing approxim-' ^.ntended ar the proposed new buildi. located nortr. of the Luce Line Trail, side pf the Luce Line Trail, is ’ adi'i‘:.xonal acreage making up the ^ 0>rtlot P, located on the south Ide . tended to remain -n owners . t*age 1 of b a 1 ure ‘ .f e;-i-st on the • p.*r dry land, is 1 and 2 are ed on the south > with Lot 2 as w’. dsble requirement, e lucti. Line Trail, is Lp- 1. 4. Lot 2 is proposed to gain access to Wat«.rtwn Road via an easement over Outlot C, a strip of land 28* wide along the east lot line of the orooertv. Outlot C is intended to remain in the same ownership as Lot^l, due to the potential for a future subdivision of Lot 1, and due to the location of the existing buildings adjacent to Outlot C. 5. The existing property contains approximately 248.9* of Watertown Road, and has a defined width at the^-0 front setback line of frontage on Wat^rtcv- Road and a defined width of 380 . ^ot 2 requires a variance because it does not have frontage on a public road. Lot 2 has an east west width dimension of 350 and an average depth of 300* at the intended building site. 6. Lot 1 requires a side setback variance for existing accessory structures which will, as a result of the subdivision, be \°^ated 1 from proposed Outlot C, where a 10* setback is normally required for such structures. 7. Outlot C is recognized as being in a location that may be suitable for access for future development of existing vacant property to the east. 8. Two distinct wetlands existing within the boundaries of Lo^ 1 and Outlets A and B will be subject to Conservation and Flowage Eas<iments. 9. Due to the increased traffic anticipated by development of a residence on Lot 2, the existing access to Outlot C, which will be shared by the owner*, of Lot 2 and «« greenhe-se operation on Lot 1, mu be upgraded to create a safe access ^ar the recommendat-» ity Engineer. 10. A total of 33* of rii Watertown Road shall be 6 verifies that such right-of- vay southwest of the center line of «ed on the plat ii the title opinion .:i has not been dedicated previously to verify specific drainfield sites before final plat approval will be granted. Pge 2 of 6 12. A single family residence can be constructed on Lot 2 meeting the 100* minimum setbacks from the north line of Lot 2 and the Luce Line Trail right-of-way line, and meeting the 50' side setbacks from the east and west property lines of Lot 2, without the need for further variances. NOff, TBBRBPORB BB IT RBSOLVBD, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for lioren Butterfield at 3925 Watertown Road per the survey (attached as Exhibit B hereto) by Coffin and Gmonberg Inc., dated December 22, 1988 revised January 1, 1989, subject to tHe following conditions: 1. A "special lot combination" resolution shall be filed for Lot 2 and Outlot A specifying that the 2 parcels must be sold as a unit. 2. Likewise a special lot combination for Lot 1 and Outlot B shall be required. 3. Outlot C shall act as a private driveway access serving Lot 2. The owner of Lot 1 shall remain the owner of Outlot C as a condition of subdivision approval, due to the proximity of Outlot C to existing buildings on Lot 1 and for long range planning purposes for this and neighboring properties. An access easement over Outlot C granted to Lot 2 shall be executed by the owner of Lot 1 and Outlot C. 4. The driveway access where Outlot C intersects with Watertown Road shall be upgraded per th-j recommendations of the City Engineer to provide a perpendicular, level access entrance, prior to issuance of a building permit. 5. A 9' variance is granted for setbacks to the east lot line of Lot 1 for the existing greenhouse buildings. The setbacks normally required for those structures would be 10* from the side lot line. 6. Lot 2 shall be granted a variance because it does not have frontage on a public road. Page 3 of 6 7. For setback purposes, the north line of Lot 2 shall be considered the front lot line, the east and west lines of Lot 2 will be considered side lot lines, and the southwest line of Lot 2 abutting the Luce Line Trail right-of-way is considered the rear lot line. 8. The applicant is advised that any future subdivision of Lot 1 may require a widened Outlot and cul-de-sac since a subdivision would create a potential for as many as 3 residences being served by a single access road. Applicant is further advised that it is the City's policy to consolidate accesses when feasible for safety purposes. 9. No structures may be constructed on the south side of Luce Line Trail in Outlets A and B. 10. Subdivision approval will not be granted until complete on-site sewage treatment soil testing infomation is provided, showing that primary and alternate drainfield sites exist within the boundaries of Lot 2. 11. If the Title Opinion indicates that right-of-way for Watertown Road has never been formally dedicated, plat drawings shall indicate a dedication for 33* of right-of-way southwest of the center line of Watertown Road. 12. Standard Drainage and Utility Easements shall be shown on the plat d awings, with easement widths conforming to the sketch attached as Exhibit C. 13. Conservation and Flowage Easements shall be dedicated over the 2 major wetlands on the property. 14. Payttient of the standard Park Fee of $100.00 for the new building lot comprised of Lot 2 and Outlot A. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200*. Drawing to include: Page 4 of 6 a) Lot lines platted per preliminary survey by Coffin and Gronberg Inc. attached as Exhibit B hereto. b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property linesr or as modified in the attached sketch. Exhibit C. c) Designation and dedication of the wetlands as drainage easements on the plat. 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage and Conservation Easements; blank area requiring description may be filled out as follows: "Over the d ainage easements as shown on the plat of (plat name)". d) Signed and executed access easement over Lot C in favor of Lot 2. e) Signed and executed "special lot combination" resolut-*ons for Lot 2 and Outlot A, and for Lot 1 and Outlot B. 3.FEES TO BE PAID: Total Due $250.00. a) Park dedication fee per current schedule: One new residential lot at 5 acre density * $100.00 per lot; total $100.00. b) Legal review and filing fees of $150.00. Page 5 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of February, 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me on this _____ day of ______________, 198 , by James R. Grabek and Dorothy M. Hallin, Mayor & city Clerk of the CIFy of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 6 of 6 L CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1366 NOTION OF CODNCIL ACTION Date of Notice: 2/28/89 Loren Butterfield 3925 Watertown Road Maple Plain, MN 55359 COPIES: TYPB OF APPLICATION: Subdivision DATS OF MKBTINGi 2/13/89 VOTE: 4 For 0 Against COUNCIL ACTION - NOTIOR: Table for further review of issues related to proposed Conservation & Flowage Easement changes. Loren, please send us your written comments in regards to the conditions the Planning Commission recommended for approval. Specifically, give us a list of the conditions which you feel are not acceptable to you and your written comments regarding each item. It is our understanding that you are in opposition to the idea that no buildings can be constructed on the south side of the Luce Line. Please address that issue in writing. Jim Lawler of the DNR has agreed to send us a letter confirming that your easement over the Lace Line is a public easement. A review of City files indicated you had been granted a "temporary" after-the-fact conditional use permit for up to 150 cubic yards of peat removal in March 1975. That permit, formally applied for after Council approval of March 11, 1975, was to cover past removals of 150 yards, conditioned upon no future removals without City, DNR and Watershed District approval. No permit for such removals has since been issued by the City. Any peat removals after March 12, 1975 have been a violation of the wetlands ordinance (Ordinance 125, adopted 12/28/70) and currently is a violation of Section 10.55, Subdivision 8. We will be happy to review these files with you, but we must advise you that use of the wetlands for peat removal may not continue unless a specific conditional use permit for that use is applied for and issued. Such peat mining is not considered generally as part of your approved commercial greenhouse use. We would also be happy to discuss the use of the pond dug by you in 1953 which subsequently was designated as a potential wetland in the mid- 1970's. Your proposed exclusion of that pond from being covered by a Conservation & Flowage Easement must be supported with some written rationale if it has any chance of being allowed. The information requested from you should be submitted no later than Monday, March 6th for placement on the March 13th agenda, or no later than March 2nth for the March 27th agenda. s: £SE*S:° MINUTES OP REGULAR ORONO COUNCIL MEETING PEBRUARY 13, 1989 \ ■m » ' . . .•( - - #1366 LOREN BOTTERPIELD 3925 WATERTOWN ROAD CLASS II PRELIMINARY SUBDIVISION RESOLUTION City Administrator Bernhardson informed the Council that Mr. Butterfield was proposing to divide off a portion of his property on the north side of the Luce Line. He is also requesting a lot combination of property located south of the Luce Line and the creation of a 28* outlot corridor which will come within 1* of existing greenhouse buildings. New information was presented to the Council regarding flowage and conservation easements, waiver of damages and some revisions to the original proposal. Due to the fact that neither the Council nor Staff had an opportunity to review this information, Bernhardson requested tabling at this portion of the application. Assistant Planning and Zoning Administrator Gaffron briefly added that Mr. Butterfield would like to keep Outlot B with Lot 1 and does have vehicular access over the Luce Line. Outlot A contains wetlands and there is a total of 2 1/2 acres of dry land both north and south of the Luce Line. The Planning Commission recommended that no structures be allowed south of the Luce Line and that there be a 100* setback from the Luce Line right-of-way. Mr. Butterfield was requesting that the pond in Lot 1 be excluded from the conservation and flowage easement. Mr. Butterfield was present and explained that he built the pond in 1953 for the purposes of irregation and drainage. When full, the pond will hold 1,100,000 gallons. Acting Mayor Callahan stated that in his opinion the entire application should be tabled due to the need to review the conservation and flowage easement issue. CounciImember Goetten concurred. It was moved by Acting Mayor Callahan, seconded by CounciImember Goetten, to table this item until the February 27, 1989 Council Meeting. Motion, Ayes»4, Nays=0, Motion passed. . y. .*t “'Ji 7.V. -9* • / • . rc.Ar'-w- i N FROM: DATE: Mayor Grabek Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator February 9, 1989 SOBJBCT: #1366 Loren Butterfield, 3925 Watertown Road - Preliminary Plat Approval - Resolution Zoning District - RR-lA, 5 acre Application - Split off a 5 acre lot for applicant's son to construct a residence. Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Planning Commission Action Notice Dated 1-29-89 Planning Commission Minutes Dated 1-17-89 Memo & Exhibits of January 12, 1989 Draft Preliminary Plat Approval - Resolution Discussion Please review the Planning Commisison minutes and action notice, and the memo of January 12, 1989. Briefly, the applicant is proposing to split off a 5 acre Ic ‘ in order for his son to construct a home. The proposed 5 acre xot will contain approximately 2 1/2 acres on the north side of the Luce Line, and 2 1/2 acres on the south side. The proposed house site will be on the north side. At their January 17 meeting. Planning Commission discussed in depth the merits of creating a 5 acre building lot separated into two parcels by the Luce Line Trail. Planning Commission generally concluded that as long the building site parcel contains a minimum of 2 acres, and that the property configuration will allow for 100' setback from the Luce Line right-of-way as well as allow for primary and alternate drainfield sites, the separation is not a critical concern. The Planning Commission did place specific restrictions and requirements for the out lots on the south side of the Luce Line, as noted later in this memo. The proposal leaves a 12 acre parcel with the Butterfield Greenhouse operation. The access to the proposed new building lot is to be via a 28' wide outlet along the east property boundary. This leaves a 1' setback from the existing greenhouse structures. Planning Commission felt that this driveway outlet location was appropriate, with the entrance revisions suggested by the City Engineer, because it could provide for potential future roadway to serve the neighboring property to the east. Zoning File #1366 February 9, 1989 Page 2 of 2 Planning Commission felt that the septic testing for this property was necessary, and recommended conditioning subdivision approval on completion of appropriate testing. Preliminary borings had been completed early this winter, but perc tests could not be taken due to the frozen ground. The site evaluator has preliminarily indicated that septic sites appear feasible within the proposed boundaries. Staff had initially recommended to Planning Commission that the subdivision be approved with the requirement of septic testing before a building permit could be issued. In keeping with the Planning Commission's concerns, staff is recommending that preliminary plat approval be granted under the condition that drainfield sites be fully tested prior to final plat approval. With this procedure, the property owner has the ability to complete his survey work and submit it to the County Engineer for preliminary approval, while taking a slight risk that, although not anticipated, septic testing might indicate the need for minor lot line revisions. Planning Coimission Recommendation At their January 17th meeting, Planning Commission voted 6 to 1 to recommend approval subject to the nine conditions noted in the Notice of Planning Commision Action (Exhibit A). Staff Recommendation Staff recommends approval per the recomi..,ndation of the Planning Commission. A resolution for preliminary plat approval is attached for Council review. CITY OP ORONO P.O. Box 66 ^ Crystal Bay, MN ZONING PILE NO. 1366 NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice; 1/25/89 Loren Butterfield 3925 Watertown Road Maple Plain, MN 55359 COPIES TO: TYPE OP APPLICATION: Subdivision DATE OP MEETING: 1/17/89 VOTE: 6 For 1 Against Planning Ccaadasion rernsirnds the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. A special lot combination resolution shall be filed for Lot 2 and Outlot A, specifying that the 2 parcels must be sold as a unit. 2. Likewise, a apecial lot combination for Lot 1 and Outlot B shall be required. 3. Outlot C shall act as a private driveway access serving Lot 2. The owner of Lot 1 shall remain the owner of Outlot C as a condition of the subdivision approval, due to the proximity of Outlot C to existing buildings on Lot 1 and for long-range road planning purposes for this and neighboring properties. An access easement over Outlot C granted to Lot 2 shall be executed by the owner of Lot 1 and Outlot C. 4. The driveway a ,cess where Outlot C intersects with Watertown Road shall be upgraded per the recommendations of the City Engineer to provide a perpendicular, flat access entrance. 5. A 9* variance is granted for setbacks to the east line of Lot 1 for the existing greenhouse buildings. The setback normally required for those structures would be 10' from the side lot line. 6. The applicant is advised that any future subdivision of Lot 1 may require a widened outlot and cul-de-sac, since a subdivision would create a potential for as many as 3 residences being served by a single access road. Applicant is further advised that it is the City's policy to consolidate accesses when feasible, for safety purposes. 7. No structures may be constructed on the south side of the Luce Line Trail in Outlets A or B. 8. Subdivision final approval is contingent on providing complete on-site sewage treatment soil testing information showing that primary and alternate drainfield sites exist within the boundaries of Lot 2. 9. Building setback from Luce Line right-of-way shiil 1 be 100'. i Applicant's next scheduled m<. eting is confirmed as: City Council February 13, 1989; meeting starts at 7:00 p.m. If you desire cercifivsd copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. MIWJTES of the PIAHNING COMMISSIOH meeting JANUARY 17, 1989 ATTENDANCE 7:00 P.M. The Orono Planning Conimlssion met on the above date with the following members present: Chairman Kelley; Planning Commission members Johnson, Bellows, Brown, Cohen, Hanson and Moos. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Edward Callahan, Jr. attended and CounciImenber Goetten was also present. #1366 LOREN BUTTERFIELD 3925 WATERTOWN ROAD CLASS II PRELIMINARY SUBDIVISION PUBLIC HT\RING 7:00 P.M. - 7:35 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Butterfield was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Butter£..eld was requesting to subdivide a 5- acre dry buildable lot from a 17 acre parcel. The applicant is proposing to use Outlot C, which is 28* in width, as an access to the new lot. The accessory structures on Lot 1 will no longer meet a 10* side setback, but will be only 1* from the new side lot line. Outlot A and Lot 2 will be subject to a special lot combination, yielding a 5-acre parcel that cannot be separated. The DNR has indicated that they have no specific setback requirements from the Luce Line Trail. Chairman Kelley asked whether the lot to the south of the Luce Line could ever be acct sed fr^.n the south. Mr. Butterfield stated that he had a righ*. -of-way agreement with the DNR to allow crossing the trail. Planning Commissioner Bellows asked for the combined total of Outlots B and A? Gaffron replied that it would total approximately 3.5 dry acres.,., Bellows expressed her concern about the Luce Line Trail divi^ng the property. Mr. Butterfield interjected that the Luce Line was in a deep cut at that locati^i. Planning Commissioner Hanson questioned the ramifications of dividing the property in such a way. Gaffron explained that the code section allowed 5 acres to be split into 2 parcels that are not contiguous as long as the building site has a minimum of 2 acres. Another code section addresses the issue of a lot being split by a road or road e-^ement. This would bring forth the question of whether the Luc 'ne would be considered a public road or a public road easemem Bellows, Hanson and Kelley expressed their concerns and reservations about the involvement oi the Luce Line in subdivision. Bellows asked whether bu^Iding restrictions could be placed upon the lots to the south o- Luce Line. Her main MINUTES OP THE PLANNING COMMISSION MEETING JANUARY 17, 1989 ZONING PILE #1366-BOTTBRPIBLD CONTINUED objective was to discourage any further crossing of the Luce Line. Kelley asked whether it was the concensus of the Planning Commission to have Outlot B combined with Lot 1, and combine Outlot A with Lot 2. Hanson asked Mr. Butterfield why Outlot B did not go with Lot 2. Mr. Butterfield replied that he wanted to maintain access to Lot 2. Gaffron observed that Outlot A would only be accessible by foot, given that the crossing easement would not be within the new lot. Mabisth asked the Planning Commission to consider whether there were any alternatives to this proposal. Kelley recollected an application where access was allowed through a wetland area. Mabusth reminded Kelley that the DNR would not allow such an access since alternatives were available. Kelley commented that Outlot A was landlocked. Brown mentioned that the building envelope for Outlot A was severely limited. Planning Commissioner Hanson commented that after thorough consideration, he had no problems with this application, with the exception of setting forth a s^ jific provision pertaining to access. Setback requirements were another issue to be considered. Gaffron stated that the Planning Commission should determine setbacks from the Luce Line, since the lot configuration both sides of the Luce line made questionable the interpretation of which is the "rear" lot line. The other setback concern involved the fact that the greenhouse would be located only 1* from Outlot C. Kelley observed that the Luce Line Trail was staked considerably wider than the trail that is actually travelled. Bellows added that the Trail was actually 100 ft., though the travelled portion was only 10 ft. Cohen believed that the setback from the Luce Line should be 100 ft. All other Planning Commissioners concurred. Johnson suggested designating Outlot C as a drxveway easement to resolve the problem with the greenhouse location. The remaining Planning Commissioners agreed that would solve the problem. Gaffron stated that such a solution would not provide the City with any access for future development of adjacent lot *. Bellows noted th-z this was a special condition and where Ou^ C cou' lormalJ considered a driveway easement, it should be designated as a*. * ..ot only for future planning considerations. Gaffron stated that technically a 10* lot width variance would be required due to the property not meeting the width requirement at a point 100* back from the right-of-way. In addition, the City Engineer had suggested that the existing access where Outlot C and Watertown Road intersect may need to be realigned so it would be perpendicular to ‘.ertown Road. MINUTES OP THE PLANNING COMMISSION MEETING JANUARY 17, 1989 ZONING FILE #1366-BOTTERPIBLD CONTINUED Planning Commissioner Brown mentioned the fact that the percolation testing had not yet been done. Gaffron stated that soil borings were taken and preliminary testing indicates that the soils were typical for the area. Before Mr. Butterfield can obtain a building permit, the perc tests must be performed. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commissionr Bellows, seconded by Plamni'*'* Commissioner Brown, to recommend approval of application #136C ^pproval would be subject to staff recommendations 1 througi. 7, and in addition thereto, that no structures be buxlt upon the area south of the Luce Line. Kelley clarified that no building >jould begin until positive results were obtained from septic test 'affron added that this matter would not go before the Coir .* final plat approval until such time as those results -'termined. Motion, Ayes«6, Cohen, Nay, Motion passed. #1334 SIDNEY ..iBERS 715 NORTH BROWN ROAD CONDITIONAL USE PERNIT/PRD AND CLASS IIJ PRELIMINARY SUBDIVISION Mr. Rebers was present for this matter, as was Mr. Stephen Pflaum and Mr. Robert Kost, representing Mr. Rebers. Zoning Administrator Mabusth reviewed for the ^1 ^ning Commission the reason why Mr. Rebers was back before them. The City Council, at their December 12, 1988, meeting, had amended the subdivision proposal to have only 4 lots along the northern property line rather than 6. This realignment would cause the pad size on each of those four lots to increase considerably. The Council referred this matter back to th ? /Planning Commission to have them review and determine if there was a need for additional controls on those lots because of the larger sized building pads. Counci It.--mber Goetten clarified that she wanted the building pads on those 4 lots decreased to limit the size of homes that could be uuilt. Planning Con'missioner Bellows believed that five lots would have been a more '*quitable solution. She stated that in nearly all subd^visioi , lots had their narrow dimension to the street and were deeper. This allowed t.or more lots and less street frontage. By using a 4-lot proposal, there has been a creation of "abnormal lots" because they have more width than depth. This would allow for more density in that area than five lots would have allowed. It was her suggestion that this matter be forwarded on to the Council with a recommendation that there be 5 lots along the northern boundary. Planning Coramissionor Johnson concurred. Planning Commissioner Hanson asked for a comf ison of lot To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: January 12, 1989 Subjecrt: #1366 Loren Butterfield, 3925 Watertown Road - Preliminary Subdivision - Public Hearing Zoning District - RR-IA, 5-acre Application - Split off a 5-acre lot for applicant's son to construct a residence. List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Pertinent Facts - Application Plat Map With Wetland Map Compilation Property Owners List Survey Proposal With Building Envelope Added 1. The property extends across the Luce Line Trail and contains 2 wetland areas. The applicant has additionally purchased Outlet A of Katherine Cram's Hillaway Farm in order to make up a total of 5 dry acres for the proposed lot. 2. Applicant intends to keep Outlet B with his main parcel, shown as Lot 1 on the survey. 3. Lot 2 is proposed to be served by an access driveway shown as Outlet C. This outlet width is shown as 28', which is proposed due to the existing greenhouse buildings being 29' from the east lot line. This is somewhat similar to the subdivision approved for Michael Plank further west on Watertown Road, where a 30' outlet was approve based on the concept that while one additional building site might be split off from the large remaining parcel, the existing homestead would be unlikely to access from the outlet area, hence there was no need for a 50' road outlet. The same situation appears to be prevalent in this case. 4. The applicant Intends to keep Outlet C and Lot 1 in common ownership, granting an access easement to Lot 2 over Outlet C. Then, if Lot 1 is ever subdivided in the future. Outlet C could be widened to accommodate the normal road outlet width associated with a 3-lot division. Such a future widening of Outlet C would likely require removal of portions of the greenhouse operation. 5. Inherent in this subdivision request are some unusual occurrences. First, the accessory structures on Lot 1 will no longer meet a 10* side setback, they will be set back only 1* from the new side lot line. This requires a variance. * Zoning File #1366 January 12, 1989 Page 2 of 3 Secondly, Lot 2 and Outlot A are intended to be considered as a single 5-acre parcel. Lot 2 contains 2.44 acres and Outlot A contains 2.79 acres of dry buildable area, for a total of 5.23 dry acres. This s meets the letter and intent of the subdivision code which requires that at least 2 of the 5 acres of dry land must be contiguous. The applicant intends that the building site the new lot will be within Lot 2 on the north side of the Luce Line Trail. The building envelope for that portion of property is shown in Exhibit E. Planning Commission may wish to consider whether the setback from the Luce Line should be 50' or 100'. In either case, this is an appropriate situation for use of the "special lot combination" document which is simply a resolution that recognizes the common relationship between Lot 2 and Outlot A, and which places a prohibition on selling Outlot A separately from Lot 2. 6. City Engineer Glenn Cook has reviewed the access location where Outlot C intersects Watertown Road. This is an existing driveway that serves the greenhouse operation. The Engineer has suggested that the access be improved to create a more level and perpendicular access to Watertown Road. This can be accomplished within the property boundaries. 7. Mr. Butterfield has operated the commercial greenhouse on this property under a conditional use permit since 1972, although the operation existed many years before that before a conditional use permit was required. City files indicate that no limitation or conditions have even been placed on the minimum size of the property necessary to accommodate the operation, although in the early 1970s a 5-acre "farm operation" standard was apparently in effect. The current greenhouse operation would appear to use less than 1/3 of the 12 acres remaining in Lot 1, hence splitting off the 5 acre parcel for a single building site will have no effect on making the current Conditional Use Permit*.^ Note that i-<c this was considered as a "crop farm", the minimum Conditional Use Permit standard for acreage is 10 acres. C_ i Discussion - The applicant states that he has no intent at this time to further subdivide Lot 1, and is cnly applying for the current subdivision in order that his son can build a home on the property. The building envelope for Lot 2 has been designated by staff on Exhibit E per the standards of the RR-IA zone, being 50' on the east and west lot lines, and 100' on the north lot line. There is no clear direction in the code that would define the south line of Lot 2 as a rear lot line, considering that the buildable lot area is intended to be continuous across the Luce Line. A conservative interpretation would be that the north right-of-way line of the Luce Line Trail should be considered as the rear lot line for Lot 2, and a 100' setback should be observed. The has been asked to verify what setback they want maintained from ^neir right-of-way, but no answer as of this writing. Also, if a 100* setback from the Luce Line is maintained for Outlot A, with the 26' wetland setback the buildable envelope in Outlot A is minimal at Zoning File #1366 January 13, 1989 Page 3 of 3 best. Staff would suggest that a stipulation be placed on the property that no principal residence structures may be constructed within Outlet A, and Planning Commission may wish to consider whether accessory structures should be allowed on Outlet A. Regarding septic testing, the total parcel will be greater than 5 acres in area, hence technically septic testing is not required. The 2.44 acre parcel north of the Luce Line is essentially a 2 acre lot, and it would be highly unlikely to have the septic system serving a house on Lot 2 be on the south side of the Luce Line. The applicant has attempted to do soil testing this winter, however his site evaluator has indicated that the ground was too frozen to test. The Hennepin County Soils Map indicates areas of Lerdal and Kilkenny soils over most of the area of Lot 2, both of which are normally suitable for mound-type systems. Slopes on the south' side of the Luce Line would generally prohibit mound systems. The site evaluator has Indicated that he feels that there are a number of suitable sites for mound systems within the proposed Lot 2 boundaries. Testing would certainly be required before a permit for a house would be issued. However, staff is comfortable in going forward with this subdivision without requiring full percolation testing. Staff RecoBBBendation - Staff recommends approval of the preliminary subdivision for Loren Butterfield, subject to the following conditions: 1. A special lot combination resolution shall be filed for Lot 2 and Outlot A, specifying that the 2 parcels must be sold as a unit. 2. Likewise, a special lot combination for Lot 1 and Outlot B should be required. 3. Outlot C shall act as a private driveway access serving Lot 2. The owner of Lot 1 shall remain the owner of Outlot C as a condition of the subdivision approval, due to the proximity of Outlot C to existing buildings on Lot 1. An access easement over Outlot C granted to Lot 2 shall be executed by the owner of 1 and Outlot C. 4. The driveway access where Outlot C intersects with Watertown Road shall be upgraded per the recommendations of the City Engineer to provide a perpendicular, flat access entrance. 5. A 9' variance is granted for setbacks to the east line of Lot 1 for the existing greenhouse buildings. The setback normally required for those structures would be 10' from the side lot line. 6. The applicant is advised that any future subdivision of Lot 1 may require a widened outlot and cul-de-sac, since a subdivision would create a potential for as many as 3 residences being served by a single access road. Applicant is further advised that it is the City's policy to consolidate accesses when feasible, for safety purposes. 7. Septic testing will not be required for the proposed building site until such time that a building permit is applied for, since the property in question exceeds 5 total dry acres in area. #13 - SUBBlSnCSldHAPPLICAT /J*r%%V^.V’ “Hv, APPLICATIOH ^2^(oCf CITY OF OROHO PROPERTY LOCATIOH Site Address 9 ^ ^ WiCf^Q <V Property Identification Number (P.I.O.) _ _ _ Please check one - Property abstract or Attach legal description to application. /I torrens? APPLICAHT Phone (home) /4 7^-9/s.? Name LnR^f"/ V. ^iTTTE^ / (/ Phone (work) ^7^' Address: ^ 1 izf\/ o V/'r ^^ Cityif1/\fl£ ^/)//Vzip: SS:^sf « OWHER (if different than applicant)Phone (home) Name 7 ># r.Phone (work) Address:City:Zip: (attach list if more than one) EXISTING LAND USB Number of Tax Parcels /Os ^so.oo 7u j^O.OODevelopment Size Acres Dry Land /Acres Wet Land ;^t[£IP7-Thm YOU 0 Acres Total, all parcels-.'rrr^ Present Use (check)Residential; no. o£units / Other (specify} rAf^/n Present Zoning District -/A PROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) y Subdivision for New Building Sites Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) /Existing Units New Units Total Units ^ Units per Acres / ro 0,^0 0 (W2T Sq Feet Dry Buildable Land Residential Other (specify) MIHUfOM MATERIAL HECSSSARY FOR COMPLETE PRELIMIMART APPLICATION 1. Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Stamped, legal sized envelopes (#10) pre-addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. 5. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ FEES _ _ _ Sketch Plan Review (Class I, II & III) V Preliminary Review (Class I & II Subdivision) _ _ _ Preliminary Review (Class III and all non-residential) Scrz ZxjNjjjmohf _ _ _ Final Plat Review (Class III) *(Plus any legal 6r engineering charges) The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to p^y all additional fees established by ordinance. $150.00 250.00 300.00 + 20.00/Lot $ 36. 00 150.00* Applicant's Signature Date / ^ /^f / C Owner's Signature n] li Date Applicant must have all submittals /into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. C"]* « ONOMO ^ ^ Aoacp)vf. •' M RUN DATE 12/01/88 8ATCH 010 38 OS-117-23 22 OOOA PROP AODR 00038 AOORESS UNASSIGNED ONNER NAME H 6 t S R FILBRANDT TAXPAYER MICHAEL FILBRANDT ^ NAHE/ADOR 3960 BAYSIDE RO MAPLE PLAIN MN 65359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0HNER3 LIST 38 05-117-23 22 0007 03960 BAYSlOE RD MICHAEL 6 FILBRANDT ^ MICHAEL FILBRANDT 3960 BAYSIDE RD MAPLE PLAIN MN 55359 REPORT NO. PI^35^01 PAGE 29 38 05-117-23 22 0009 03830 BAYSIDE RD BETTY MINER ET AL LANDMARK CONSTRUCTION PO BOX 2<*8 LONG LAKE MN 55356 38 06-117-23 11 0004 PROP AODR 04050 BAYSIDE RO . ONNER NAME GIN CONNELL >/ TAXPAYER CARY 0 CONNELL NAME/AOOR 4050 BAYSIDE RO MAPLE PLAIN MN 55359 38 31-118-23 41 0002 04025 NATERTOFM RO J S 1 P D RICE y JEROME STANLEY RICE 4025 HATERTOHN RO MAPLE PLAIN MN 55359 38 31-118-23 41 0003 04045 HATERTOHN RO EARL N DORN ETAL EARL N OORL4 4045 HATERTOHN RO MAPLE PLAIN MM 55359 4 PROP AODR ONNER tlAME TAXPAYER NAME/AOOR PROP AODR (»t4ER NAME TAXPAYER NAME/AOOR 38 31-118-23 44 0004 00038 ADDRESS UNASSIGNED TLiOHAS E REIERSGORD ETAL THOMAS E REIERSGORD 4500 M 44TH ST MPLS MN 55424 38 32-118-23 32 0003 03965 MATERTOHN RO DAVID N STUBBS ETAL DAVID N STUBBS 3965 NATERT0lt4 RO MAPLE PLAIN W 55359 y 38 31-118-23 44 0005 00038 ADDRESS UNASSIGNEO J S RICE A P DRAKE RICE JEROME S RICE y 4025 HATERTOFM RO MAPLE PLAIN 55359 38 32-118-23 32 0004 03955 HATERTOFM RO TERRY L KUTZ s/ TERRY L KUTZ 3955 HATERTOHN RO MAPLE PLAIN MN 55359 38 32-118-23 32 0001 03940 HATERTOHN RO ROBERT TAYLOR ETAL ROBERT TAYLOR 3940 HATERTOIM ROAD MAPLE PLAIN W 55359 38 32-118-23 33 0001 03925 HATERTOHN RO y LOREN BUTTERFIELD LOREN BUTTERFIELD RT 2 BOX 43 MAPLE PLAIN L94 55359 1-- . ' '■) PROP AODR 06t{ER NAME TAXPAYER NAME/AOOR TOTAL BATCH 010 00012 38 32-118-23 33 0004 3855 WATERTOWN RD / CATHARINE A CRAM ^ 3760 WATERTOWN RD MAPLE PLAIN MN 55359 38 06-117-23 11 0006 CURTIS & ELIZABETH LEVANG / CURTIS & ELIZABETH LEVANG 4010 BAYSIDE RD MAPLE PLAIN MN 55359 38 32-118-23 33 0005 NOT ASSIGNED CATHARINE A CRAM >/ 3760 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 32 0005 S M & C A HARRIS / STEVEN M HARRIS 385 TURHAM RD MAPLE PLAIN MN 55359 1^) ft '< t! V* i i 0 Propettil ShIhIi * 11 ion tor l«r««i ». Ittllprlitlii la laa ioaUiwnti Ouim*'’ "* Se«'' |)••nn•plll Count V. Hinnr <.1114 1,*- I in- til ^nwc. If G* i_ Of sc« I f n on I • iH4t P4fi oi til* »oria*#it Quiriar of in# Sotthnil Ot#rl#p 0#tcrlk#<) II follouj: Seqlnnlng at • point 100.01 fott iMt of 4 toiiu %;«.6 f##t Souin ef in# Oorthutsi eor««r of »4I0 !ei'in«#ll Ouarltr; Ihtnc# Kcrth 7**0I* tail 339 f4#t 10 in# ccnltrline e» Wal#rto»n toad (foraarip Counlf #otd #0. *JI; inanct lokihtaiifrljp along saM c#rt#rlla# to a point 030.0 r#»t to Ilk froa in# «ortn lint of laid !oulk«#tl Q«art#r (ataiurad ptrpandic«lar to lalil Rortn lint); tnanc# vtti to tkt roini of bttlnnlng; Also mat pan of said Rartfiotit Quaritr tf in# !oiinh#u Quarttr dticnhtd at foilom: taginning n a pomi on in# v»* lint of said ^'orinuttl QL#rt#r of int Souinuttl Quarttr din* am 0;k.0iS f##i Jogtn of in# vortnuoti lomtr of :aid 'ouin- »#tl Quarttr: man;# !outn along taid Httt lint a Jiitanc# c* «31.)if5 'tti; mtnc# Cast *9* f##l: intact konn 4)9.3t!S fttl: intrc# wttl (99 ft«t to in# point of btginmng: Also all mat ran of mt itit half of tatd toLinatti Quar. icr fticribtd at follout: Otcinning at mt Souttiuttl torntr ol tai<1 Soulhuatl Quarttr; ihtrtt forik along tht Wait I in# r* tail «r«m«it i Otaritr a ditianct o» I3(0.i fttl kcrt o» Itf. to I ifinl 131/.9375 fttl Sooth r( m# Kortn.ttt ecrner of taid Snutiiuttl Ouarttr; thtnct fttl paralltl ^iin mt Sckin I mt el taid Sokihuttt Oiarttr a ditianct of (95 fttl; mtnc# norm parail#! aiin tn# u#it I in# of taid Soulhiitti Quart#r a distance cf 09.3 f##t aer# rr last to a point 070.025 i#tt S«uiii of ' ><t North lint cf taid Souiniitit Quarttr; lhrr<-( IJIM paralltl ulth mt <oiitn lint Of taid ‘KUlhuttl 'inarmr a dlttanc# of 25.5 fttl; Ihenct Sowin (trallnl ulin the wni lint cl laid Southuttl Ouaritr to in# Soom I in# ef tail! Souinaati Otariar; tharct Vatt along tnt touin I in# of taid Snulhuttl Qtariar lo in# point of baginr g, ticipt nigiiuaTt and right-of-uay ef m# {lactric Short Lint falluay. All in '.tenon 32. foanthlp 110 Norm. Aang# 23 da'l of in# Sm Principal Htrldlan, * lilt at'.v- ’••■ti.ription nay b# iiu>igtd m ‘ till* ei mion mat It to tt pr»r’r»<i. •USD. •■•■■I .i t. lltUAWAT fAAM. tnt final erf I III t ■ III ro me. Int It* • '< .•I'rtynrt. Plannr« t 10 • t.r. 'l ■<• ‘U •# Scaln; 1 int.l, . IJO fttl r.4lt ■ I.#>cttt«r !2. 1980, Imn maikrr fropoirit SulHlivitliii* /or loro* f. •oiiprriold in mo Soulhupti 0n4r(#r of Sfi Mtiii <i*.iil|. Mpnn*pii> Couiilp^ MinnrMiio 1. i LOT I <t49-*aMo oj -J o ti il! V_l!!i.ti®*L • foot pjri of Ui* oonriktst Qy«rttr of in* Sot.tn»tu OLOiitr tftfcritcd (I fiilloyt; loginning «t • point 100.Bi ftti Cost of « toini 078.i foot South ef tho Horthaott corn«r of told Sot-thaoti Ooortor; thoneo Berth ;f»03’ toit JJ1 foot to tho ctnicrlino ef W’otortokh Kootf . ( forao r I jr Countr lo4d Bo. 48»: thonco SOkthojitorly olong fold cortcrllno to • point 878.1 foot to/th froo iho horth lint of told Sowthatit Qutrtor (aooiurod ptrpondiculor to told Borf llno|; thonco Boti to tho roint of Otginnlng; *ISC :hot port of told Kerthoott Quortor tf tho Southkott duorior dotcribod 01 rollout; loginning it i point on tho V»i I In* of told f'orthuoit Otortor of tho Seutnuttt Ouortor ditl- oni 87h.i;s fool South of tiio oorthuott eornor of itid South- uotl Quortor; ihonco South olona tOid Mott lino < Jittonco 0» foot; thonco Cott MS foot: thonco Bonn 031.312$ ‘*1^ *** tttt to tho point of beginning: mso til thot port of tho kott holf of told Sectnutii Qutr> tor roicribod *1 felloat; loginning II tho SoiiMuoit corner of tii.l Soulhuo'.t Quortor; thorco Berth tione thn wott I mo r* toi l 't., thuotl Otirior o dittonco jf 1300. I foot «ero or lot'- to 0 itini 1317.137$ foot South of the BorthkOtt corner of ttld SoulhuoM Quortor; thonco Citt porollol uith tno South lino ef ttld Souihuott Qutrtor o dittonco of og$ »*rt; thonco Borin porollol «itn the uoit lino of toid Southuott Quortor i dittonco cf 039.3 foot ncro or lost to I point 878.12$ fort S'lulii of iiio Berth lino ef ttld Southuott Quortor; I'irrri tj..t ptroilel ulth tho South lino of ttld '.rglhuott Qiiorirr o dltlonco Of 2$. $ foot; thonco South fortllol ulth Ihr ketl lino cf told Southuott Quortor to the Sou'l. lino cf ttld Southuott Quortor: thorco Vott tiong the South lino of toid Snulhuitt Qutrtor to tho point of beginning, oicopt nighutot tnd right-of-utr Of thn Electric Short lino rollutr. All in Section 32. fOkOlhlp II8 north. Rtngt 23 WO't of tho >th Prioriptl Nrriditn. •im tt'»" ilrturlpiion atf bo (liongod *.'* r-»itv tho fllUl till* ri |M|oi. •not It to to prrr*rr.|. •USO. 0«t>o4 '. lllllhWAt MRN. 6//ST7AJC* tcT ':r.i:i!i i t III ■ OOI • I >M ' 1. . ■hlrft. :ilC. >■■■■ ;'('»Op»rt. Plitin.r* ■ii -I' Mi •* Scile; I lO'.i. . IJO f*tt Goto : l.rmol.r 22. 1988, *•»..» iron mtiktr •*. •r'- O'-. .‘ 'i.*'" '> j•• •.-j«.. t. Loren V. Butterfield Greenhouses Wholesale Growers oi Plants and Flowers : * • -i “ 3923 Wntartown Rowl Mnpl« Plain, Mimi. SS359 PHONE 473-9128 ^ / /) jJ- U X X/ ' -^/ X e^vZX .^JL^t± ^ ...... ■•..• 1 %V MEMORANDUM D.Mf; Si pL^mbt'c 20, J96S FROM:N. L. Nc\7h.ill, Jr. Village or Orono - Attn: rrank E, Mixa Village Council iU‘iiilu!ru SUnjECT:COMMERCIAL GIO^ENHOUSE AS A "i‘Alvi” Under Orono Code, Section JO.O-'jO, there are no Minnesota cases that give any assistance to answer the question. There is one Pennsylvania case In Re Klein's Ar«pc1. 395 Pa. 157, 149 A. 2d 114 (1959), which indicates that sucli an operation is a farm. The cas.e involved construction of an ordinance which "permitted (Inter alia) a use of the premises for *farm* purposes." at 115. Hie plaintiff testified (in order to have his building permit returned) that he inlcndcd raising cut floiters, annuals, and evergreens and thc*n selling them, lie would grow these plants in different ways, some from seeds, some from cuttings, and some from pots that would be brought in and repotted. Also, at certain ^ seasonal periods of peak demand for potted plants, he would buy at wholesale potted planus To*, resale. Mast cf this vac to be done within a greenhouse. The court found that this was farm use within the meaning of the ordinance. In the light of this case, which seems to be quite a parallel situation and >*hich is the only such case we have been able to find, it is our opinion that the Orono ordinance may reasonably be interpreted to include a commercial greenhouse operation within the definition of "farm". -4. NLN;hh LINDOUIST & VENNUM SCO NORVMV.'CCTrriM DAfilC DUII.Ol.’VC. MINNCArOUiS. MINNf iJOTA C:>403 RICHARD H. LEE ArroBNEr at L aw •01 »»norEssioNAu elog . HOPKINS. MINN. 93343 SaS<7769 Aii^t 14, 1972 Mr. Loren Butterfield 3925 Watertovn Road Maple Plain, Minn. 55359 Dear Loren: At your request, I have aade a supplemental check of the law relating to the definition of "farms«, as referred to in Orono Code. Section 34.010, R-U. ' I rerieved the aeBorandna, dated September 20, 1968, from Attorney N. L. Nevhall, Jr. to the Village of Orono regarding the Pe^yl^ia case In Re Klein*s Appeal, 395 Pa. 157. 149 A. 2d In light of this case which is a parallel situation to your case, it is my opinion that the Orono Ordinance smy rea— sonably be interpreted to include a commercial greenhouse operation within the definition of "farm". Since the Klein case, as referred to in Mr. Newhall's memorandum, dated September 20, 1968 to the Orono Council, I made further research of the point in question and determined that there • ere no further cases on ^is point as referred to in Mr. Nevhall*s memoki adum. Upon further review of the Klein ease, it was distinctly brought out that "nursery in a greenhouse operation is a farm use". Marple Tp. vs Lyn—151 Pa. Super. 288 30 A. 2d. 208. When an ordinance permits an owner to use his property as a farm, the ordinance, by necessary implication, permits use of lot for agricultural specialties. Further, "farm" use undoubtedly includes the right to sell what is grown on the land. It would seem that the flowers you grow on your properis a parallel use of the land use set out in the Klein case. Sincerely^ours, RICHARD H; LEE RHL:vk . »•. '* * m :!• th the uated, state; rtified ‘d into •>i ■C'' STATE TRAILS—CROSSING ROAD EASEMENTS iner of sertafn ay ac- nesota 1 •a: CHAPTER 297 S.F.NO. 791 An Ac au ce In! In! An Act relating to natural resources; authorising the commissioner of natural resources to convey to private persons, under certain circumstances, road easements across railroad rights*of-way ac* quired for trail purposes; proposing new law coded in Minnesota Statutes, chapter 84. Be it i Be it enacted by the Legislature of the State of Minnesota: Section 1. Sect ing a ! Sub signed term £ 84.631. Road easements across trails established on acquired railroad rlghts-of'way The commissioner, on behalf of ^ state, mav convey a road easement across any abandoned railroad right-of-way which has been acquired by the state for trail purposes, and which is under his jurisdiction, to a private person requesting an easement for access to property owned by the person only if ^ following requirements are met: (Ij alternative methods to obtain accest. to t^ property have been sought and exhausted by the person seeking the easement through the establishment of a town or other the £e action consti receip Sec. ed to Sub subdr autho local governmf nt road- and ^ ^ commissioner determines that the hardship to to ; person being deprived of access outweighs any adverse effects to ^ state-owned land caused by encumbering toe state-owned land with a road easement. If the commissioner determines that an (1) incori easement will ^ granted under this subdivision, he shall require the applicant to pay the market value of the easement, and shall provide in the pasement that it shall revert to the slate in the event of nonuse. The (3) not a commissioner may impose other terms and conditions of ^ 1^ deter^ mines necessary and appropriate under the circumsunces. Sec. 2. Effective date. (5) Bubje Undervcorinq and alrtiwoult are aa shown In enrolled act _____ 1668 1983 REGULAR SESSION Ch. 298 This ^ is effective the day following ito final enactment. Approved June 7, 1983. / NONPROFIT CORPORATIONS—WRITTEN ACTION CHAPTER 298 S.F.No. 455 An Act relating to nonprofit corporations; defining "written action"; authorizing the use of assumed names; providing for approval of certain actions by boards of directors without formal board meet ings; amending Minnesota Statutes 198?., sections 317.02, by add ing a subdivision; 317.16, subdivision 2; and 317.20, subdivision 12. Be it enacted by the Legislature of the State of Minnesota: Section 1. Minnesota Statutes 1982. section 317.02, is amended by add ing a subdivision to read: Sul^ 1^ Written action. "Written action" means a written document signed ^ ^ of ^ persons required to t^ ^ action described. The term also means the counterparts of a written document signed bv any of ^ ^ • .? I'% I j.II tliouph toe orJginnl owocr did not act upr,n the variance. A grant ofazon- i‘ig variance runs \vUh the land amt s not a personal llcrnsn to theland owner. A grant «f a variance is not a general authorization to convert the use of the property to any use In the same class without further ap proval by the zoning authority. It merely permits a specific use on a specific piece of property. nOH-CO»FORMING USES A non-conforming use as a ne.\l- bilily device comes Into play upon the adoption of comprehensive zon ing 1 pstrictions. The ierm "ncu- conlorralng use*' is usually applied to such uses as where valiuly main tained up to and at the time of the adoption of the zoning restrictions and by reason thereof become clothed with the vested rights to continuance despite ordinance re strictions contrai*y thereto. Most zoning ordinance.! recog nize the poi'amoiint position of the owner of property tised for parpose.'i raado non-conforming by the or dinance by specifically exempting such properties from the operation of the ordinance. If the doctrine of non-conforniing uses were not in effect. mMnlcipaliH«»s would have difficulty in zoning for future land dev'p)oiment In the city. For al though it appeared that future de velopment sho-.dd appropriately re quire zoning different from the actual use on the land, specific e.xceptions would have to be marie for eacli use in existence at the time the zoning act war. passed. By means oi th** conditions of the non- cr.'nformln^ use, the legislative au thority can rone the land use In the municipality for Its best develop ment without Immediately laklngthe use of land from proiH'rtlcs who have established appropriate uses, under the prior ordinances. The important consideration in a non-conforming use is that it must -------- have been In actual c.xislcnec when the new zoning ordinance w.as passed, it must be a subsiantial use, and it must have been ajegal use-under^thc prior zo ning;. A non- contorming use**is a right which runs wftli the land and includes the right to normal accessory uses. PTTTfnrEO UHJT 0EVEL0PMF.MTS A pl.anned unit development is an other device for obtaining a degree of nexibllity from the general pro visions of a zoning ordinance. A planned nntt development generally encompas.^es n sixtcifled area of sxibstanlisl within a munici pality which is under the single ownership of the Joveloper. The ordinance then provide.! that excep tions to certain conditions In the zooing ordinance will be made for construction and land use within that development unit, tvbich will be granted by the b»wrd of .adjustment for the purpose of allcwving the de velopment. Thi.? flextbility device Is prob.ably used moreirequently by the developing municipalities, par ticularly %viili regard to tlic new de velopment oi raw land. It is not used as frequently in a fully developed urban area. The Minneapolis Zon ing Ordinance provides for planne^i residential developments and de fine.! such a unit ;is a tr.ict of land containing n-Ji': less than two acres, for which will contain two cr more principal buildings developed or to be developed under unified owner ship or control. The development of which is unir{ue undof asubstanttul- ly different character than that of surrounding areas. T\? planned resldcnti.nl develop ments are of a substantially dit- ferent rhar.icter from other condi tional uses, in that specific and addltianul sUndards and exceptions are generally e.!tabllshed to govern tliose developments. In the case of the Mlnnenpolis ordinance, the planned development The Bench and Bor of Minnosoto Su40u;\S\00 X^ML Ccuoc-'«i^«/‘<c»tAJ?iit2S, __/fe Soo ., o«i-..rrUfe._ J|[>u»s Torg»>p\tv<^ --------- 77) P-Afpe^^i M*f C£fJC^£}<JS.__Tu^osuu?..... . ioC TT^ :;>jiUoex, ..A__ ________klS-__.. kLufiT ^'tVt^ pu /i^K>i^ -rPar'. .aJq.__------------------------------ ~xn3J^ i^Z6.A^oL>ffA^ -To _, S^ueSll--Al—C»A?ilceo^—0^^^ — X>iCI^ (^^jDcTeucr&i? -TTci__^<SS^!£___------------------------- P8t_^lL^>__/(jOWViiOfe:___ /i>r Fg^xi?-^~ _jilAceuoi^L-o______________ -rp^. ..ftcTU£A I r^. 1^1 1^^ i « X fc •‘5? I/]I Bonestroo Rosene Anderiik & |\J| Associates Engineers A Architects one 0. Sonecoa ^S. N#cn •*'. Seiene. ?.t JOies« C ArtcrffiK. Pt A. ufflorg. Pt Kt/tsm t VnK Pt ,4m«i e. 01S9T. Pi. StCftfl P. CCCK Pi. Tnomat t Aicyn. Kt teseri 0. kPvn«m. UwM i. $er«a. KL Kutn A. Oorsan. PI. veP9f9 w. Ponet pi. 09Mlt C. tufS-'W*. ;e?r/ A. scwasn. A. HlAltfl. ^1. Kj€ K. n«iS. PI. VN»i«fl T. ffautffltrtfl P.t »«6#« ». Pt Stvia S. leiiiota. Pt rhwnti W. nrtenaa. Olt/itt A IriAMn .VUcnMf C Lyncn. ^1. lm M. FawriUiy Jtmn t viaune. wartan M. Often Ki/metn p Aneaun, Pt Sutan M, Sbffun Ke<m A. Sxfvnanft. ^i. Mark a. sop Man M. Ml. P t Paten C Puuett. AiA. Thoinat t AAgui. Howa-P A Sanforp, Pt March 24, 1969 City of Orono P. 0. Sox 66 Crystal Bay, Mixmcsota 53123 Attnt Mr. Mike Gaffron Ret 139 - 1366 Butterfield (rh fKSlDWlI 1^ ! MAR 2 41989 ; !lv Dear Hiket Ve have reviewed the proposed Butterfield Subdivision. The property ovner is currently using the pond in Lot 1 and the vetlands in outlet A and B for agricultural purposes. Th^ ngnd in Lot 1 has been created by placing a bero across the vest side of a ravine. The pond has been excavated to a depth of about ten feet, the drainage area flowing to the pond is approximately 3 acres which would not normally be adequate to keep water in a pond of this size. The property ovner has diverted drainage to the pond from his greenhouse operations to provide more water. The pond in Lot 1 serves a minimal purpose in the overall drainage scheme. Ve would recomend that the a drainage easement be provided over the pond. Ve would also recommend that the property ovner be allowed to use the pond water for agriculture purposes as he has in the past. The Vetlands in outlet A and B have been excavated over the past 30 years to provide planting soil. Zt appears that about 3000 cubic yards of Peat has been removed from the Vetlands. The excavation of ponding areas will enhance wildlife and improve water storage. Ve would recommend that the excavation be allowed for agricultural purposes. It may be desirable to place a limit on the volume to be excavated in any year to 300 cubic yards. A conservation and flovage easement should be provided over the wetland area in outlet A and B. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIX 6 ASSOCIATES, INC. KdJL Glenn R. Cook GRCt U6.I5/1. /O Tos Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bemhardson From:Jeanne A. Mabusth, Building & Zoning Administrator 27 iV2 Dates March 15, 1989 '' 'if 0R.m^j Subject:#1384 Fritz Gullickson, 99 Sixth Avenue North - Easement Vacation - Public Hearing Pertinent Ordinances - Section 10.12 - Applicant seeks vacation of drainage and utility easements that intersect amended building envelope per recent lot line rearrangement involving two adjacent properties (Application #1076). 0List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E ~ Exhibit F - Exhibit G - Exhibit H - Application Property Owners List Plat Map Legal Description of Easement to be Vacated Application #1076 Lot Line Rearrangement Survey of Easement Section - Easement in Relation to Structure Site Plan Approved with Building Permit for 99 6th Ave N Review of implication - Fritz Gullicksonr both owner and builder of residence at 99 Sixth Avenue North, has applied for a vacation of the drainage and utility easements that intersect the newly aligned building envelope of the property. Previous lot line rearrangement subdivision did not include the vacation of the drainage and utility easements that now intersect the redefined building envelopes. Mr. Gullickson is in the process of selling the new residence and to insure against any title problems for future owner, he has applied for the vacation of the drainage and utility easements as shown on the survey (Exhibit F) and legally described in description set forth in Exhibit D. It should be noted for the record that the City still holds an east/west drainage and utility easement along the south border of the property. The existing drainage and utility easement that intersects the building envelope serves no public purpose. Staff Recommendation - Staff recommends the approval of the vacation request for the vacation of a portion of the drainage and utility easement that intersects the property located ^t 99 Sixth Avenue North finding the easement serves no public purpose in its present location. Additional Cu—fints and Planning CoMission Recuannndation Zoning File #1384 March 22, 1989 The Planning Commission unanimously approved the proposed vacation of drainage and utility easements within Lot 5 of Holly Acres 2nd Addition. The enclosed resolution has been drafted per the Planning Commission recommendation• h RESOLUTION VRCATING PORTIONS OP A DRAINAGE AND UTILITT BASEMENT WITHIN LOTS 3 AND 5, BLOCK 1, HOLLY ACRES 2ND ADDITION SECTION 25, TONNSHIP 118, RANGE 23 IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 1384 WHEREAS, the City of Orono Is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 8, 1989, Fritz Gulllckson filed a petition with the City of Orono requesting the vacation of a portion of a drainage and utility easement originally dedicated within the plat of Holly Acres 2nd Addition, and legally described as follows: Refer to Exhibit A, attached. WHEREAS, after due published and posted notice, a public hearing was held before the Planning Commission on March 20, 1989 regarding said vacation and all persons Interested were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested vacation and the Council of the City of Orono finds that said vacation, as proposed, is in keeping with the public interest in consideration of the following findings: 1. That portion of the drainage and utility easement serves no public purpose. 2. The location of the drainage and utility easement within Lot 5, Block 1, Holly Acres 2nd Addition subdivision in 1986 realigned the original boundaries of the property and finds that portion of the above described drainage and utility easement to place severe restrictions on the building evelope. NOW, THEREFORE BE IT RESOLVED that the petition of Fritz Gulllckson is hereby granted and that the portion of the dedicated drainage and utility easement legally described above is hereby vacated. Page 1 of 2 A RRSOLDTIOH VACATING PORTIONS OF A DRAINA6B AND UTILITY BASEMENT fflTHIN LOTS 3 AND 5, BLOCK 1, HOLLY ACRES 2ND ADDITION SECTION 25, TONNSHIP 118, RANGE 23 IN THE CITY OP ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 1384 WHEREAS, the City of Orono Is a municipal corporation organized and existing under the laws of the State of Minnesota; and . ^ ^ WHEREAS, on February 8, 1989, Fritz Gulllckson filed a petition with the City of Orono requesting the vacation of a portion of a drainage and utility easement originally dedicated within the plat of Holly Acres 2nd Addition, and legally described as follows: Refer to Exhibit A, attached. WHEREAS, after due published and posted notice, a public hearing was held before the Planning Commission on March 20, 1989 regarding said vacation and all persons Interested were given an opportunity to be heard; AXIQ WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the requested vacation and the Council Orono finds that said vacation, as proposed, is in keeping with the public Interest in consideration of the following findings: 1. That portion of the drainage and utility easement serves no public purpose. 2. The location of the drainage and utility easement within Lot 5, Block 1, Holly Acres 2nd Addition subdivision in 1986 realigned the original boundaries of the property and finds that portion of the above described drainage and utility easement to place severe restrictions on the building • ilope. MOW, THEREFORE BE IT RESOLVED that the petition of Fritz Gulllckson is hereby granted and that the portion of the dedicated drainage and utility easement legally described above is hereby vacated. Page 1 of 2 Adopted by the City Council of the City of Oronor Minnesota at a regular meeting held on the 27th day of March, 1989, ATTEST; Dorothy M. Hallin, City Clerk Jeunes R. Grabek, Mayor STATE OP MINNESOTA ) ) COUNTY OP HENNEPIN ) SB. The foregoing Instrument was acknowledged before me on this 27th day of March, 1989, by James R. Grabek 6 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 2 of 2 File No. 1384 LEGAL DESCRIPTION FOR EASEMENT VACATION That part of a certain utility and drainage easement dedicated In the recorded plat of HOLLY ACRES 2ND ADDITION, lying 5.00 feet on each side of the southwesterly line of Lot 5, Block 1 said HOLLY ACRES 2ND ADDITION which lies west of the east .S.OO feet of said Lot 5 and east of a line and Its southerly extension drawn southerly from the northwest corner of said Lot 5 to a point on the southwesterly line of said Lot 5 distant 231.37 feet northwesterly of the southeast corner thereof. C1»T OF OROHO - GENERAL LAND OSE APPLICASW ^ (S®ih«a - - - - - - - - - - - - - - - - - --A-f- - -T-ri-K-——-jL- PR0PBRT7 LOCATIOH ^ Site Address dC(/2^y ^ ) Property Identification Number (P.I.D.) * //ff ^^D/2 Please check one - Property _ _ _ _ abstract or (for Conditional Use Applications only) torrens? Please attach legal description to application if not included on required survey. APPLICANT . Name r£/lt /(lASC AddrelT"^"/ kr,. iZP.h,___ OlfHER (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date Property Acquired _ _ _ __ _ __ _ _ _ _ _ _ _ I (do) (do not) also own the adjacent parcels of land FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee Phone (home ) _______ _Phone (work) ' 774^?______ . City fWf^ Zipj£^122Z Phone (home)_ _ _ _ _ _ _ _ _ _ Phone _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ City _ _ _ _ _ _ _ _ Zip_ _ _ _ _ _ _ _ _ _ _ (month/year) Af ter-the-Fact Fee \ $100.00V a) \ $150.00 b) \ $150.00 c) \ $250.00 d) \ $200.00 f) ml ^ I X... • r-'-' . ' I <• Institutional (church, school, etc.) Duplex Credit/Bldg Commercial/Adustrial Use Land Alteration - w. V • . Ji/O Grading and filling - designated wetland or floodplain ///^ Grading and filling - 101 cu. yd. or more ISSZ Grading, seawall, retaining walls within 75 of lakeshore _ _ _ _ PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees; ” $250.00 Vacation /<z^ <yo /^so.qcT^ Easement Vacation $ 50,00 Easement Vacation With Subdivision _ _ _ _ $250.00 Rezoning _ _ _ _ $100.00 Appeals _ _ _ _ Other - see fee schedule PRBSBHT USE OF PROPERTY Present Zoning District ./>£</ Present Use of Property fCf k)TiAu Residential ___________ Other (specify)_ DESCRlPnOH OF REQUESTJLjrxxua KiK ^ ^ ^ j Describe request in detail: f/C » JUQPXRED SUBNITTRLS Completed Application Form. ^ Certified Property Owners List of owners within 35Q_L^vou can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) Stamped, legal sized envelopes (#10) pre-addressed to each of the names — on the above list with no return address. f 4. ^-Certificate of survey. 5, Topographic survey (existing and proposed contours) if alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). land r 7.__:^Plat Map. "T; As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Date__ _ _ _ _ _ _ _ APPLICAHT'S SIGHRTURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied Jrfue and correct ^to the best of his/her knowledge . /y > Applicant's signature^_ ONEERS SIGHATURE \ / . ^ ^ u The owner hereby acknowledges and agrees to this application and further authorized reasonable entry ^€o the property b^City staff, consultants, agents, commissioB ’'^emb^xS// Counci 1 ^js^mbers for purposes of investigation and ve^^^c^^^ipi^ of^^^is rpqaei^. Owner's sicmature^^X^/^^ate R_W; _ Applicant must'^hive aljl submittals into the City offices 25 days before Planning Commis^on Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RIM DATE 02i0)6/89 BATCH 006 PROD AOOR OMCR NAHE TAXPAYER NAME/AODR 38 25-118-23 A1 0001 00300 SIXTH AVE N DOUGLAS DAYTON ETAL DOUGLAS J DAYTON 300 CO RO NO 6 NAYZATA HN 55391 HErtCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMCRS LIST 38 25-118-23 A3 0026 00235 HOLLANDER RO K M MARINE > K I MARINE KONRAD M A KAY I MARINE 235 HOLLANDER RD HAYZATA MN 55391 REPORT NO. PI635A01 PAGE 8 38 25-118-23 43 0027 00250 HOLLANDER RO RICHARD D STEVENS RICHARD 0 STEVENS 250 HOLLANDER RD NAYZATA m 55391 PROP ADDR OIMER NAME TAXPAYER NAFC/AOOR PROP AOOR CRMER NAME TAXPAYER NAME/AODR PROP ADOR OIMER NAHE TAXPAYER NATE/AODR PROP ADDR OltlER NAME TAXPAYER NAME/AODR 38 25-118-23 44 0002 00038 ADDRESS UNASSIGNEO ST EDNARDS EPISCL CH ST EDNARDS EPISCOPAL CHUR P 0 BOX 71 NAYZATA MN 55391 38 25-118-23 44 0012 FRITZ GULLICKSON FRITZ GULLICKSON 15905 46TH AVE N PLYMOUTH HN 55447 38 36-118-23 11 0012 00785 FERNOALE RD N ALLE6RA N PARKER PAUL- L I ALLEGRA N PARKER 785 FERNCALE RO N NAYZATA MN 55391 38 36-118-23 11 0017 00715 FERNOALE RD N RICHARD J LYMAN RICHARD J LYMAN 715 NO FERNOALE RO HAYZATA HN 55391 38 25-118-23 44 0007 00225 HOLLANDER RO R E POHERS IMG PONERS RICHARD E PONERS 225 HOLLANDER RD NAYZATA FM 55391 38 25-118-23 44 0013 00215 HOLLANDER RD FRANKLIN N GROVES JR ET AL FRAFKLIN N GROVES JR AND MICHELLE GROVES 215 HOLLANDER RO HAYZATA MN 55391 38 36-118-23 11 0013 00038 ADDRESS UNASSIGNED P A A PARKER PAUL L PARKER 785 N FERNOALE RO HAYZATA MN 55391 38 36-118-23 11 0026 00763 FERNOALE RD N E F JR A J C KAMM ERVIN F JR A JENNY C KAFU 763 NORTH FERNOALE RD NAYZATA MN 55391 38 25-118-23 44 0011 00038 ADDRESS UNASSIGNED PAUL J MERZ CONSTRUCT CO PAUL MERZ CONSTR CO 2919 INDEPENDENCE RD MAPLE PLAIN HN 55359 38 25-118-23 44 0015 00200 HOLLANDER RD EST OF HILDUR P HOLLANDER EST OF HILDUR P HOLLANDER PO BOX 9405 MPLS MN 55440 38 36-118-23 11 0014 00765 FERNOALE RD N S V A R SHANEOLING STANLEY V SHANEOLING 765 NO FERNOALE RD NAYZATA MN 55391 38 36-118-23 11 0027 00801 FERNOALE RD N CHARLES A MAUREEN YORK CHARLES A MAUREEN YORK 2635 ZANZIBAR LANE PLYMOUTH MN 55447 :o 0 38 36-118-23 11 0028 PROP ADDR 00755 FERNOALE RO N OHNER NAME L H A J H MITHUN TAXPAYER LENIS H A JENNE H MITHUN NAME/AODR 755 NO FERNOALE RO NAYZATA MN 55391 TOTAL BATCH 006 00016 MM DATE O2/0A/89 BATCH OOA HEMCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OltRERS LIST REPORT NO. PIA3M01 PAGE 9 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION» TO THE BEST OF MY KNOHLEDGE AND BELIEF. . DATE A m CO \ -T ^ T : iI I^c ^s •>.' £asf VS] m 9 0 oa 2^t 4- i U ^ ‘V ^5' m-a-5-@) >- A I*" / / 7 * HOLLANDER *♦!•. MO l^Ai X\S^am’''>^X^ —J^T-------- acres ADD [iS.n 2 ■ «■'* y' ? (zi') HOULl ^ooos » UTTJf^ t*»t ff ••*'• it«* b5 ' ' Jn ■W NO Hr th,^ m ^Xl - ■?. •'^-*i- /4.,»L t-. 'P ir 1031 ' O'-'' .> / / i ' - A /' J j ■}:, ^ '•/ M •<* .T ' ' • >/iL£a_'^ iy/ > " >7 •fr<? (1) r, flj/ •■ “'■'^>*= A TTTTTT IMl «. • M« «. •>•«• I. Wit MMI t« WHIM. fHit-l t Hm ••»« •« 111 I, llttl t*. I|**t •» • Mt4 $0 •I •« iti •• iitti I. m%9 HMi m ftMitttt. > IM i**#*#*^ fUl «»«••«*. t|*»t •••!••••• »*»M» #• IM • !• • »•••« *»M •• Ml« Itl •, <*•«••« tll.M• • !«• M*« •• !•• •, •!#«» I, m IHiMM. !• IM #««••••« »t«| !••••••. •• • l*M •*— IW «••••* •• •!«« IM I tt • M*M M «M H** •• «•«« It !• •«|U«« tll.l» •Mft • ff Mt9 •!•«« •>,«>• |«. !!«U c .TriH; rir*** %u tMiUttitvIf IfM it «#!• Itl I, HtittI fll.M MtlWMl M IM »Ml%*ttt •••••« IMt«»*. •fMtl • mmMm MH •» IM t* I, Mill MItl m MtlMM. •««•#( !• IM IMM4M fiM IflM MIlMlf t« t 11*1 •••• •MIMflf I MtH — IM MMMMlf*«» Hm M MI« Itl I • llltM lll.M ttM ttMMttI M It M«l*ttll l*<«M M M«« IM I. It • ttlM tt IM IMlt IlM M !•«« Itl 1. ««tltM Ilf IttI tttl •* IM ItMMttl 4MMt IMMt*. t#Mtf I. •HI • l.lf# M»m M.»M H. «I. »H1_J HmiI t * •fPiA t MM • t.Mt M'M tl.w •«. M. {.‘.rjSBV'ii'Ml M*t»Mt IM Ml MM mrt m HtHitn IHttf «t HMCIli f>r (••I CMM1I m MM*. ai(MUt( £«HE “Um LOT DIVISION AND CONSOLIDATION LOTS 3. 4 AND 5. BLOCK 1. HOLLY ACRES 2ND AUDITION PPFPAtEO row WARD KRUEGER ---- D LEGAL DESCRIPTION FOR EASEMENT VACATION That part of a certain utility and drainage easement dedicated In the recorded plat of HOLLY ACRES 2ND ADDITION, lying 5.00 feet on each side cf the southwesterly line of Lot 5, Block 1 said HOLLY ACRES 2ND ADDITION which lies west of the east 5.00 feet of said Lot 5 and east of a line and Its southerly extension drawn southerly from the northwest corner of said Lot 5 to a point on the southwesterly line of said Lot 5 distant 231.37 feet northwesterly of the southeast corner thereof. - s ' * :: p •-'vi ''s B9* 45’..35^Wt^-^'i Jik ,v. •« , 4^ mm mmi I® ^ •% % iSg^.W4iSgafeifsii TY OF ORONO PLAN — GRADING PLAN i VSO to the rocordtd plat ' southerly froa.a polot dlstaet 231*37 feet lie Lot 3, to a point on t feet west of the toott VED WITH REVISIONS'^ -/V— AREA - 2.t7S Aervt M.736 6^ ’TO r. prZ4-/rop>feiJO ^ i re' •v •«’ // ■ « yrizih'] A RBSOLDTIOM 6RAIITIII6 A VARIAHCB TO MONICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 5 (B) PILE #1378 WHBREASr Kamil Ugurbll (hereinafter "the applicant") is the owner of the property located at 4605 Watertown Road within the City of Orono (hereinafter "City") and legally described aa follows: Lot 1, Bloclc 1, McCulley Farm, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of an addition to the existing residence located J5'7" from the west side property line instead of the required 50* setbac)c. \arlance sought by applicant is 14*15" or 30%. Minnesota: HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1378. 2. The property is located in the RR-IA Single Family Rural Residential Zoning District requiring a minimum of 5 acres and 300* of width. The property consists of 5+ ac^es and 420* of width to the rear of the front yard setbac)c line as required by code. 3. The Orono Council reviewed this application on March 13, 1989, and recommended conceptual approval of the proposed variance based I’ron the following findings and hardships noted be the applicant: A) Expansion at the north side of the existing residence would create the following hardships: I. The proposed layout of existing and proposed room locations would not relate to the kitchen on the north side of the house. II. The addition would be placed closer to the busy County Road. Page 1 of 5 ill. An addition to the north would require the removal of mature trees. iv. The septic system that serves the existing residence is located to the north side of the house. B) The expansion to the east side of the existing residence would create the following hardships: i. The east side of the house is the most visible when approaching from the access drive. ii. Addition would make existing dining room area an interior room with no natural lighting and as a result will have no views or windows. iii. The existing porch structure would be lost if expansion is to the east. C) Expansion to the south would create the following hardships: i. Main entry is located on this side in relation to driveway termination point and the garage location. ii. The existing porch would be destroyed. D) Existing plantings and shrubs along the west side provide screening year round from adjacent residence to the west. E) The major view windows and house layout of residence to the west living areas are on opposite side of house and the proposed addition to the applicant's residence would provide no visual impact upon the existing residence. F) The existing house is located to the extreme west side of the five acre lot with 400+ feet of width. The existing residence is located 47'8" from the west lot line. The RR-lA zoning district requires 50*. G) The addition to the west side of the house would maintain the character of the Minnesota farm home providing the owner with a functional new floor plan. H) The proposed addition to the west will not require the removal of trees on the property. Page 2 of 5 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviat«» a demonstrable hardship or difficulty; is necessary to preserve a SuO- stantial 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. CONCLDSIONS, ORDBR AMD CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to th^ riunicipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of an addition to the west side of the existing residence requiring a variance setback of 14*5" or 30% within a zoning district that requires a 50* side setback, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 27, 1990). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title %f the property. Page 3 of 5 1989. ATTEST: Adopted by the Orono City Council on this 27th day of March, Dorothy M. Hallin, City Clerk James R, Grabek, Mayor Property Owner(s) STATE OP MINNESOTA ) ) 88. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of March, 1989, 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 4 of 5 T6: Mark E. Bernhardson, City Administrator Frcsa: John R. Gerhardsonr Public Works Director Dates March 23, 1989 oobject: Storm Water Feasibility - 3572 Livingston Avenue 32389.IHD . i o At the February 27, 1989, Council meeting, the Council reviewed a petition from Mark and Karen Cuff, 3572 Livingston Avenue, requesting feasibility study be performed to correct a drainage problem on their property. After reviewing comments from Karen Cuff and City staff, the Council directed staff to obtain costs for a feasibility study and receive clarification from the City Attorney regarding Chapter 429.031 as it pertains to a petition of 35% of the affected property owners to proceed with a feasibility study. It has been determined that there is no requirement regarding percentages of affected property owners requesting a feasibility study, therefore the Council can request the study with less than 35% of the affected property owners signatures. The City Engineer has stated that the feasibility study will cost $900.00. In the past, the City has approved storm sewer feasibility study costs in the following manner: 1. Totally City funded (as in the Highwood Storm Sewer). 2. Totally private funded (as in the Water's Storm Sewer). RBCOMMBHDATIOH - To approve Resolution #____directing the City Engineer to prepare a feasibility study relating to storm sewer installation on Livingston Avenue. It is additionally recommended that the costs for the feasibility study be included in the total costs of th project if a project is ordered, and that one half of the costs of the feasibility study be paid by the resident at 35^2 Livingston Avenue if the project does not proceed. , to approve Resolution a feasibility study It is PROPOSED NOTION - Moved by _ _, seconded by _ _ ♦ directing the City Engineer to prepare relating to storm sewer installation on Livingston Avenue, additionally approved to include the costs of the feasibility study into the project costs if a project is ordered, and that one half of the costs of the feasibility study be paid by the resident at 3572 Livingston Avenue if the project does not proceed. Ayes _ _, nays TO; FROM; Mayor and City Council Mark E. Bernhardson, City Administrate 1 Forwarded recommending approval. 1 CITY OF ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ RESOLUTION ORDERING STOK4 SEWER FEASIBILITY REPORT FOR 3572 LIVINGSTON AVENUE WHEREAS, the City of Orono has received a request from the resident at 3572 Livingston Avenue to resolve a storm water run off problem; and WHEREAS, the City staff has reviewed the request and has determined that further study of the area is necessary to determine the extent of the storm water problem; and WHEREAS, the City Council has reviewed the information presented to them and received comments from the property owner at 3572 Livingston Avenue, and WHEREAS, the Orono Council feels that more information is needed to determine the extent of an existing storm water run off problem; and WHEREAS, the most efficient manner in which to obtain this information is to perform a feasibility study, which will determine the extent of the problem, number of properties included in the drainage area and the most efficient and cost effective manner in which to proceed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono direct the City Engineer to study and report to the Cou.cil as to the feasibility and estimated ftost to resolve the storm water run off problem for 3572 Livingston Avenue. Adopted by the City Council of the City of Orono this 27th day of March, 1989. ATTEST:James R. Grabek, Mayor Dorothy M. Hallin, City Clerk To: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director Date: March 23, 1989 32389.2HD /3 Subject: Advertise for Bids - Lift Station 10 and Lift Station 43 By-Pass In March of 1988, Council approved a feasibility study to determine costs to eliminate sanitary sewer lift station #10. This is possible due to the installation of a Metropolitan Waste Control Commission lift station at the North Arm landing east of lift station #10. We have also been advised that because of the relocation of another M.W.C.C. lift station, it will allow the elimination of another City owned lift station #43. Attached for review and approval is an updated report for lift station #10 by-pass and a separate report for the elimination of lift station #43. The engineer's estimate for lift station #10 by-pass is $195,730 The engineer's estimate for lift station #43 by-pass (net) 41,710 O TOTAL $237,440 If the projects proceed they can be funded Initially through the Sewer Operating Fund which has a current balance of $458,000. ALTERNATIVES - 1. Lift Station #43: A. Undertake bidding B. Choose not to do it. C. Table. 2. Lift Station #10; A. Undertake bidding B. Choose not to do it. C. Table. 3. Financing: A. Capital Funds/Operating Fund. B. Special Assessment. C. Connection charges. D. Combination. RECOMMENDATION - To accept the updated reports fcjr lift stations #10 and 43 by-pass and to direct staff to advertise for bidj. It is recommended that the funding for the elimination of lift station #10 be paid for through future connection charges. PROPOSED MOTION — Moved by , seconded by reports for lift station #10 and 43 by-pass advertise for bids. Ayes ___, nays To: Mayor Grabek & Orono Council Members From: Nark E. Bernhardson, City Administrate Forwarded recommending approval. to accept the updated and to direct staff to 0k m M Bonestroo RDsene Anderlik & Associates Engineers A Architects Otto G. Sonnnoa PE •oOcft W aoscne. PE Jo%eph C. Anoefiik PE SraotorO A lemoerg. ?E E. TUm«t. PE J*m« C Olwn. PE Gfpnn R Coo*. PE TtiomM E. Noyn. P£ Roden G Scfiunicm. pe M«rv«n L Sofv«««. PE With A GonJon. PE, Rtcnero w fomr. pb Ooneu C Surgetoc PE Jerry A Souruon. PE Mark A Hantoo. PE IM K Flew. PE Micnaei T Rautmarm. PE Rooert R Pfe«er*». PE Oavw O Loskou. PE rnoma* w Petenon PE Michaet C tyrxn. PE Jame* R Malami PE kertnetd P Ariderjon. PE. Ke«i A Bacnmarw^, PE Mark R Rolf*. PE «oden C Rutse*. Ai A Thoma* E Angut. PE Howard A Sartford. PE. Charie* A ErickMO Leo M Pawcnky Harlan M Olson Susan M E:)erun Mark A Se<p / March 23, 1989 City of Orono 133S Brovn Road South Crystal Bay, Minnesota 55323 Re: Lift Station #10 Replacement Sanitary Sewer Report Our File No. 13940 Gentlemen: Transmitted herewith are ten (10) copies of our Report on Lift Station No, Replacement Sanitary Sewer for the City of Orono for your review. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook, P.E. GRC:kf End. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 I t I I a a a a a a a a a a a 3 3 Report Lift Station No. 10 Replacement Sanitary Sewer Orono, Minnesota 1989 File No. 13940 II/'I Bonestroo Rosene Anderllk & Associates Engineers & Architects St. Paul, Minnesota y n 0 REPORT ON LIFT STATION #10 REPLACEMENT SANITARY SEVER REPORT ORONO. MINNESOTA March, 1989 I I JAMES R. 6RABEK J. DIANN GOETTEN BARBARA A. PETERSON EDVARD CALLAHAN ALLEN NETTLES MARK BERNHARDSON JOHN R. GERHARDSON TOM BARRETT MAYOR roniCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY ADMINISTRATOR PUBLIC VORKS DIR'r TOR CITY ATTORNEY J BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ENGINEERS/ARCHITECTS ST. PAUL, MINNESOTA J 1 I I I I I J M Bonestroo Rosene Anderlik & I Associates Engineers & Architects Otto O aof*Mtroa f»t Robeft W Rotcne. PE Jojepb C Anderlik. PE Bradford A Urmberg. PE Rtchard E Hjm«. PE Jam« C Olfon. PE Glenn B Cook. PE Thomai £ No^ PE •oben G ScbumcfK. PE Marvm I Sorvala. PE Kean A Gordon. PE ItKbard W Foster. PE Donald C Burgardt PE Jerry A Bourdon. PE Mark A Hanson. PE IM K Fielc. PE Michael T Rjutmann, PE Hebert R Pfetferle. PE OavM O Loskou. PE I nomas W ^terson. PE Michael C Lynch, PE James R Maland, PE Kenneth P Anderson, PE Ke«h A Bachmarm. PE Mark R Rolfs. PE Robert C Russek. AI A. Tfsomas E Arsgus. PE Howard A Sanford. PE i Edgerton. PI Mark A Seifx PE Philip 1 Caswell. PI Mark O owns. PE Charles A Enckaor Leo M Paweisky Harlan M Otson Susan M Bierkn. C PA March 22. 1989 Honorable Mayor and City Council City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55323 Re: Lift Station 110 Replacement Sanitary Sewer Report Our File No. 13940 Dear Mayor and Council: Transmitted herewith is the report for replacement of Lift Station #10. This report reviews the existing sanitary sewer system and provides recommendations for providing a new gravity .runk line to replace the existing lift station. ¥e would be pleased to meet and discuss the contents of chis report with the City Council and other interested parties at any mutually convenient time. Ri'Spectfully submitted, BOHESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Am /CcJL Gleivn R. Cook, P.E. GRC:kf I hereby certify that this x^epo.,i. was prepared by me or under my direct supervision id that I am £ duly Registered Professional Engineer under the laws of the State of Minnesota. Glenn R. Cook, P.E. 013940R Date:March 22, 1989 Reg. No. 9451 I 2335 West Highway 36 • St. Paul. Minnesota 55113 * 612-636-4600 I I I TABLE OF CONTENTS LETTER OP TRANSMITTAL TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COST AND FUNDING SUMMARY AND RECOMMENDATIONS Page No, 1. 2. 3. 4. 6. 8. 3 APPENDIX A - COST ESTIMATES FIGURE 1 - SERVICE AREA FIGURE 2 - SANITARY SEWER SYSTEMS - 2 - 013940R ¥9 a a ] 1 J INTRODUCTION This report reviews the feasibility of upgrading Lift Station #10 or re placing it with a gravity sewer line. The lift station capacity has been exceeded several times over the past 5 years resulting in sewage being backed up into basements. This problem can be solved by upgrading the lift station to handle the excess flow or by constructing a new gravity sewer line. The relocation of Lift Station #45, on the MWCC sewer system, near the public access north of CSAH 51 makes it possible to eliminate Lift Station #10. The construction of a gravity line would reduce the City‘» long tens maintenance costs for sanitary sewer service in Service Area 4. The HWCC construction project began in the fall of 1988 and will be completed during the suoimer of 1989. If the City elects to proceed with this project, the construction should take place in 1989. This will allow the City to obtain the greatest bidding advantage and minimize the length of time the area is disrupted. The report includes the replacement of sewer lines upstream of Lift Station #10. The lines will be increased to provide for future connections t and eliminate a capacity problem in the existing system. - 3 - 013940R n DISCUSSION The area (4A) served by Lift Staticn #10 is a part of Area 4 as identified in the City Comprehensive Sever Plan. The service area is shown on Figure 1 at the back of thiy report. The service area currently drains to Lift Station #10 and is then pumped to a gravity line that flows south into the MWCC system at Fagemess Point Road. Lift Station #45 on the MWCC system at Fagemess Point Road is planned to be relocated north of County Road #51 near the public access. The relocation of Lift Station #45 will allow Lift Station #10 to be eliminated by construct ing a gravity line. Service Area 4A currently serves approximately 430 units with the potential for 80 to 180 additional units. The following is a summary of the existing and projected units for the service area. 1 Service Area 4A Existing Units 430 Future Units 80 - 180 Total Units 510 - 610 The total flow generated from Service Area 4A is based on the projected number of units and the anticipated inflow and infiltration. The following la a summary of the existing and projected sanitary sewer flow: Service Area 4A Present Avg. Daily Flow 140,000 GPD Future A .■ Daily Flow 196,000 GPD Future Peak Hourly Flow 930,000 GPD 013940R - 4 - 3 L. There were two alternates reviewed for providing adequate sanitary sewer service. The first alternate would provide for replacement of Lift Station #10. The existing lift station has a design capacity of 300 GPM. The flow to Lift Station #10 has exceeded the system capacity on several occasions. This results in sewage backing up into the low basements along the line. The second alternate provides for constructing a gravity line from Lift Station #10 to the proposed MWCC interceptoi (MH 165A to 167B). The construc tion of three other sewer line segments is proposed to improve flow to the Lift Station #10 collection point and prevent future backups. They are the sanitary sewer line along County Road 19 from Lift Station #10 to Maple Place (MH 167B to 169A). The sanitary sewer line on Maple Place from County Road 19 to Cherry Avenue (MH 169A to MH 175A). The sanitary sewer line from Minnie Avenue to County Road 151 (MH 179 to MH 430). The extension of these additional lines will provide adequate capacity to serve Service Area 4A. 1 - 5 - 013940R PROJECT COST AND FUNDING ij The project costs and funding options are outlined in this section with a detailed cost estimate provided in the Appendix. The cost estimates include contingencies, engineering, bonding and administration. The indicated project costs are as projected for the 1989 construction season (ENR 4510). Cost estimates for the lift station #10 alternate and the trunk line alternate are provided below: Alternate 1 Alternate 2 Lift Station Replacement $ 81,140 Trunk Line (Part II)57,750 Lateral Lines (Part III & IV)57,340 TOTAL ALTERNATE 1 $196,230 Trunk Line Construction (Part I & II)$138,390 Lateral Lines (Part III & IV)57.340 TOTAL ALTERNATE 2 $195 730 3 The operation and maintenance costs for the two alternates should be re viewed to provide a true comparison of the alternates. The following summary provides operation and maintenance costs as well as a capital cost comparison: Alternate I Alternate II Annual Capital Cost* $19,990 $19,940 Operation & Maintenance 6,500 500 TOTAL EQUIVALENT ANNUAL COST $26,490 $20,440 i ^Annual Capital Cost - Based on 20 years 0 8Z interest. - 6 013940R 3 I I I I VJI The City would realize an annual savings of $6,050 by constructing the trunk line (Alternate II). This does not include the $3,500 payment the Ciiy will be making to MWCC for Interceptor improvements necessary to accommodate Alternate II. The project funding for the Lift Station flO replacement could come from the sewer operating fund, permanent improvement fund, assessments to currently severed property in Service Area 4A or future connection charges. The City could also use a combination of the above indicated funding sources. We would recommend that the project costs be funded with future connection charges. The following is a summary of the proposed connection charge; Proiect Cost $195,739 Projected Units 80 Connection Charge $2,450.00 The number of projected units for sewer area 4A is estimated to be between 80 and 180. In order to avoid cash flow problems, we would recommend use of the lower number of projected units. nJ 10 I 11 - 7 - 013940R I I 0 r CONCLUSIONS AND RECOMMENDATIONS The project as reviewed herein is feasible as it relates to general engi< neering principals and construction procedures. Based on information con tained in this report, it is recommended that: 1. This report be adopted by the City of Orono as a guide for con struction of the trunk sanitary Sb'?®r systems to replace Lift Station #10. 2. The City conduct a legal and fiscal review of the proposed proj ect prior to proceeding. 3. The City review project financing and determine the desired funding source or sources. 4. An informational meeting be held to determine further action to be taken. The property owners in Service Area 4A should be notifed. 5. The following schedule be Implemented for the project. Receive Preliminary Report Informational Meeting Order Plans & Specifications Approve Plans & Specifications Bid Date Start Construction Complete Construction March 27, 1989 April 24, 1989 April 24, 1989 May 22, 1989 June 16,. 1989 July 25, 1989 October 15, 1989 3 - 8 013940R y APPENDIX A COST ESTIMATE PART I - TRUh!K LINE (MH 165A TO MH 167A) I ] "1 «J j 3 1 100 Lin.ft.12" PVC Sanitary Sever, 14'-16' dp.%$35.00/1.f.3,500.00 80 Lin.ft.12" PVC Sanitary Sever, 16'-18' dp.%$40.00/1.f.3,200.00 80 Lin.ft.12" PVC Sanitary Sever, 18'-20' dp.%$50.00/1.f.4,000.00 80 Lin.ft.12" PVC Sanitary Sever, 20'-22' dp.%$55.00/1.f.4,4U0.00 200 Lin.ft.12" PVC Sanitary S**wer, ?.2'-24' dp.%$60.00/1.f.12,000.00 550 Lin.ft.Class B-2 bedding % $3.00/1.f.1,650.00 4 Each Manholes 8' deep i $l,000.00/ea.4,000.00 40 Lin.ft.Manhole overdepth § SlOO.OO/l.f.4,000.00 550 Lin.ft.Trench compaction i $2.00/1.f.1,100.00 8 Each Services § $150.00/ea.1,200.00 550 Lin.ft.Television Inspection § $1.00/1.f.550.00 600 Lin.ft.Street Restoration § $40.00/1.f.24.000.00 $ 63,600.00 52 Contingencies 3.180.00 Total Construction $ 66,780.00 152 Legal, Engmg. & Admin.10.020.00 $ 76,800.00 52 Bonding and Capitalized Interest 3,840.00 TOTAL . . . . . . . . . . . . . . . . . . . $ 80,640.00 - 9 - 013940R J APPENDIX A (CONT’D) COST ESTIMATE PART II - TRUNK LINE (MH 167A TO 169B) I j 20 Lin.ft.10- PVC Sanitary Sewe, 14'-16' dp. % $30.00/1.f.$600.00 100 Lin.ft.12■ PVC Sanitary Sewer. 12'-14' dp. % $30.00/1.f.3.000.00 300 Lin.ft.12" PVC Sanitary Sewer. 14'-16' dp. % $35.00/1.f.10.500.00 90 Lin.ft.12- PVC Sanitary Sewer. 16'-18' dp. % $40.00/1.f.3.600.00 490 Lin.ft.Class B-2 bedding § $3.00/1.f.1.470.00 3 Each Manholes 8' deep % $1.000.00/ea.3.000.00 10 Lin.ft.Manhole overdepth 8 $100.00/1.f.1.000.00 490 Lin.ft.Trench compaction 8 $2.00/1.f.980.00 6 Each Services 8 $150.00/ea.900.00 490 Lin.ft.Television Inspection 8 $1.00/l.f.490.00 500 Lin.ft.Street Restoration 8 $40.00/1.f.20.000.00 $45.540.00 5Z Contingencies 2.280.00 Total Construction $47,820.00 15Z Legal. Engmg. & Admin.7.180.00 $55,000.00 5Z Bending and Capitalized Interest 2.750.00 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . .$57,750.00 013940R - 10 - u I 1 3 ] I ] 1 1I n j APPENDIX A (CONT'D) COST ESTIMATE PART III - LATERAL LINE (MH 169A TO MH 175A) 120 Lin.£t.10" PVC Sanitary Sewer, 8'-10' dp. ® $20.00/1.f.2.400.00 70 Lin.ft.10" PVC Sanitary Sewer. 10'-12* dp. | $22.00/1.f.1.540.00 70 Lin.ft.10" PVC Sanitary Sewer. 12'-14' dp. % $25.00/1.f.1,750.00 120 Lin.ft.10" PVC Sanitary Sewer. 14'-16* dp. 9 $30.00/1.f.3,600.00 380 Lin.ft.Class B-2 bedding § $3.00/1.f.1,140.00 2 Each Manholes 8* deep ^ $l,000.00/ea.2,000.00 8 Lin.ft.Manhole overdepth i $100.00/1.f.800.00 380 Lin.ft.Trench compaction i $2.00/1.f.760.00 6 Each Services i $150.00/ea.900.00 380 Lin.ft.Television Inspection % $1.00/1.f.380.00 400 Lin.ft.Stieet Restoration i $40.00/1.f.16.000.00 $31,270.00 • 5Z Contingencies Total Construction 1.560.00 $32,830.00 15Z Legal, Engmg. & Admin.4,920.00 $37,750.00 5Z Bonding and Capitalized Interest TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.890.00 $39,640.00 - 11 - 013940R m ■5 I I APPENDIX A (CONT'D) COST ESTIMATE PART IV - LATERAL LINE (MH 179 TO MH 140) 25 Lin.ft.8' PVC Sanitary Sewer. 10'-12' dp. % $16.00/I,l.450.00 160 Lin.ft.8" PVC Sanitary Sewer, 12'-14* dp. I $20.00/1.f.3.200.00 185 Lin.ft.Class B-2 bedding @ $3.00/1.f.550.00 1 Each Manholes 8' deep % $l,000.00/ea.1,000.00 2 Lin.ft.Manhole overdepth ^ $100 00/1.f.200.00 185 Lin.ft.Trench compaction i $2.00/1.f.370.00 185 Lin.ft.Television Inspection t $1.00/l.f.185.00 200 Lin.ft.Street Restoration i $40.00/1.f.8.000.00 $13,960.00 5Z Contingencies 700.00 Total Construction $14,660.00 15Z Legal. Engmg. & Admin.2.200.00 $16.860.00 5Z Bonding and Capitalized Interest 840.00 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17,700.00 - 12 - 013940R 3 3 a APPENDIX A (CONT'D) COST ESTIMATE LIFT STATION #10 REPLACEMENT ] 3 L.S. Piping and Valves ? $3,600.00/L.S. L.S. Structure Replacement ® $21,400.00/L.S. L.S. Pump and Motors % $21,000 TO/L.S. L.S. Electrical Controls I $18,000.00/L.S. 52 Contingencies Total Construction 152 Legal, Engmg. & Admin. 52 Bonding and Capitalized Interest TOTAL . . . . . . . . . . . . . . . . . . . $ 3,600.00 21.400.00 21,000.00 18.000.00 $64,000.00 3.200.00 $ 67.200.00 10.080.00 $ 77,280.00 3.860.00 $ 81,140.00 013940K - 13 - I SUBCIEAS TRIBUTARY TO THE ORONO INTERCEPTOR I] h 1 ] 0 ] 1 3 a 0 3 ri ! 3 S anitary sewer extf .... (LIFT STATION 10 REPLA c Ml .V Of.-, ' MINNESOTA Mireo s ■kvtiirllk t,j ^‘Jl i - ■>• ■ .. ■■ M. PMi MM •; Oale-MAY 5,1988 jl^Comm. 13940 Fig. No. 2 ^ J Bonestroo Rosene Anoerlik & |\ I Ass elates Engineers & Architects Otto G Botwnrooi PE Room W Rotene. PE Jo»«>o C Anderitk. PE BrJOford A Lemoerg. PE Ricrun] E Tofner, PE jamn C Oijon. PE Crtnn R CooR. PE Thootai E Noytx PE Room C. SchuoKfH. PE. Marvm L. $orv»U. PE * ^ A Gordon Pt ara w Potter, pe Lk^ jid C Burgerdt. PE Jerry A Bourdon. PE Mark A Hanton. PE 1W K Field. PE. M<naei T Rautmarm. PE Room R PTefterie. PE Oavid O Loskota. PE ’homat W Pfterion. PE Mtcnaei C Lyncn. PE James R Maiand. PE Kerrneth P Ande.’son. PE Keitfi A Bacrimann. PE Mark R Rolfs. PE Room C Russek. A i A Trymtas E. Angus. PE Howard A Sanford. PE Charles A Erirkton Leo M. Paweisky Ha/ian M Olson Susan M Eberitn Vlark A Seip /.5 March 23. 1989 City of Ocono 1335 Brown Road South Crystal Bay, Minnesota 55323 Re: Lift Station #43 Replacement Sanitary Sever Report Our File No. 13940 Gentlemen: Transmitted herewith are ten (10) copies of our Report on Lift Station No. 43 Replacement Tjinltary Sever ^or the City of Orono for your review. Yours very truly, BONESTROO, ROSENE, ANDERLIK & Af iC ATES, INC. /if TfyGlenn R. Cook, P.E. GRC:kf End. 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-0 f ,00 T I I I B a a a a a a a a a a a a Report Lift Station No. 43 Replacement Sanitary Sewer Orono, Minnesota 1989 File 13940 Bones troo Rosene AnderWk & .Associates Engineers & Architects St. Paul, Minnesota I a ] 0 REPORT ON LIFT STATION #43 REPLACEMENT SANITARY SEVER REPORT ORONO, MINNESOTA March, 1989 p r m 0 JAMES R. GRABEK J. DIANN GOETTEN BARBARA A. PETERSON EDUARD CALLAHAN ALLEN NETTLES MARK BERNHARDSON JOHN R. GERHARDSON TOM BARRETT MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY ADMINISTRATOR PUBLIC WORKS DIRECTOR CITY ATTORNEY BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. ^ ENGINEERS/ARCHITECTS ST. PAUL, MINNESOTA n 1 Bones troo Rosene Anderlik & Associates Engineers & Architects Oao G Bone«roa PE 9>Joen W »o$eoe. PE jojeph C AndefUk. PE Bradford A L«mt>erg. PE lUtnard E Hjftief, PE Jamw C 0»wo. Pe G»er¥i R Cook. PE rhomai E Noyn. PE RDbm O Scfiunitht PE Marvin L Sorvala. PE KMh A Gordon. PE Richard W Potter. PE OonakJ C Burgardi. PE Jerry A Bourdon. PE Mark A Hanion. PE TW K Field. PE Michael T Raulmann. PE Roben R Pfefferie. PE David O UMtaxa. PE Thomai W P«er»on. PE Michael C lynch. PE James R Maland. PE Kenneth P Anderson. PE Ke«h A Bachmann. PE ?.Sark R Rolfs. PE Robert C Russek. A I A Thomas E Angus. PE Howard A Sanford. PE Daniel J Edgerton, PE Mark A Se^ PE PhiHp j Caswell. PE Mark D \IUWIlk PE Charles A Erickson Leo M Pawelsky HananM Olson Susan M EberUn. C PA 3 I I I March 22. 1989 Honorable Mayor and City Council City of Orono 1335 Brown Road South Crystal Bay, Minnesota 55323 Re: Lift Station #43 Replacement Sanitary Sewer^ Report Our File No. 13940 Dear Mayor and Council: ’’’ransmitted herewith is the report for replacement of Lift Station #43 with a new gravity sewer line. He would be pleased to meet and discuss the contents of this report with the City Council and other Interested parties at any mutually convenient time. Respectfully submitted, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook, P.E. GRC:kf I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Glenn R. Cook, P.E. 013940R Date; March 22. 1989 Reg. No. 9451 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 a a ] I 1 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COST AND FUNDING SUMMARY AND RECOMMENDATIONS APPENDIX A - COST ESTIMATES FIGURE 1 - SANITARY SEWER EXTENSION Page No, 1. 2. 3. 4. 5. 6. ] - 2 - 013940R I I ] 3 D n f'- i-y 3 3 INTRODUCTION This report reviews the feasibility of eliminating Lift Station #43. This has become possible because of the relocation of Lift Station #44 as a part of the MVCC interceptor project. The construction of a new gravity line between Lift Station #43 aud Lift Station #44 would be necessary if this is to be accomplished. - 3 - 013940R 9 9 r ] DISCUSSION The area served by Lift Station #43 is located in the southeast comer of Service Area 5. Lift Station #43 provides service to 40 units. The proposed sanitary sever alignment is shown on Figure 1 at the back of this report. The construction of a gravity line between Lift Station #43 and Lift Station #44 will allow the City to eliminate Lift Station #43. The MVCC is proposing to upgrade Lift Station #43 as a part of the interceptor project. The City has requested that these funds be decignated for construction of the gravity line. ] m j ] 0 y - 4 - 013940R a B a a PROJECT COST AND FUNDING The project costa and funding options are outlined in this section with a detailed cost estimate provided in the Appendix. The cost estimates include contingencies, engineering, bonding and administration. The indicated project costs are as projected for the 1989 construction season (ENR 4510). Cost estimates for the Lift Station #43 replacement project are provided belowt 71 Lateral Line HWCC Lift Station 43 Credit Net Project Cost $76,710.00 41.000.00 $36,710.00 ] 3 a 0 The annual estimated operation and maintenance cost for Lift Station #43 is $5,500.00. The annual cost for the capital improvement expenditure is $3,750.00 (based on 20 years ^ 8Z interest). This indicates that the replacement of Lift Station #43 is cost effective to the City. The project would be financed from the General Sanitary Sewer Operating Fund. - 5 - O13940R a I 0 a I CQMCLUSIONS AND RECOMHENDATIONS The project es reviewed herein is feasible as it relates to general engi* neering principals and construction procedures. Based on infomation con tained in this report, it is reconmendeJ that: 1. This report be adopted by the City of Orono as a guide for con struction of the trunk sanitary sewer systeii to replace Lift Station #43. 2. The City conduct a legal and fiscal review of the proposed proj ect prior to proceeding. 3^ City conbine this project with the Lift Station #10 reconstruction project for economy of bidding. 4. An informational meeting be held to determine further action to be taken. Thu property owners x. the Service Area should be notifed. 5. The following schedule be implemented for the project. Receive Preliminary Report Informational Meeting Order Plans i Specifications Approve Plans 4 Specifications Bid Date Start Construction Complete Construction March 27. 1909 April 24. 1989 April 24. 1989 May 22. 1989 June 16. 1989 June 25. 198^ October 15, 1989 - 6 - 013940R ■ a 3 1 1 ] APPENDIX B COST ESTIMATE part IV - LATERAL LINE (KH 179 TO MH 1401 440 Lin.ft.8* PVC Sanitary Sewer, 10’-12' dp. I $20.00/1.f.$8,800.00 470 Lin.ft.8" PVC Sanitary Sewer. 12'-14' dp. I $25.00/1.f.11,750.00 910 Lin.ft.Clast B-2 bedding f $3.00/1.f.2.730.00 910 Lin.ft.laproved pipe foxmdation % $5.00/1.f.4.550.CO 5 Each Manholes 8' deep j vl*UUU.00/ea.5,000.00 20 Lin.ft.Manhole overdepth | $100.00/1.f.2.000.00 910 Lin.ft.Trench compaction | $2.00/1.f.1,820.00 14 Each Service line connections f $150.00/ea.2,100.00 200 Lin.ft.4* PVC service line | $8.00/1.f.1,600.00 1.110 Lin.ft.Television inspection 8 $1.00/l.f.1,110.00 400 Lin.ft.Driveway restoration f $40.00/1.f.8,000.00 4.000 Sq.yd8.Sod 1 $3.00/8.y.12,000.00 $61,460.00 5Z Contingencies 3.070.00 Total Construction $63,530.00 15Z Legal, Engmg. & Adr’in.9.530.00 $ 73,060.00 52 Bonding and Capitalized Interest 3.650.00 TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 76,710.00 O139A0R - 7 - B I 3 3 ] 32289.3 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato)^^ DATS: March 22, 1989 SUBJECT: Planning Commission Interviews COUNCIL MEETING J»«AR 27 1939 CIT>' OF ORONO INTROPaCTION - Because of the difficulty in locating the namew of past applicants the staff did not send out requests to previous applicants to determine their interest until the week of March 20, 1989. Because of this the interviews have been delayed from the March 27th meeting to the April 10, 1989 meeting. The staff will attempt to send out resumes on those interested individuals at least a week prior to that Council meeting. It should be noted that the notice for solicitation of other applications was placed in the Pioneer newspaper March 13th and the Wayzata Weekly j has not printed the news article. To date no new response . nave been received in response to those and three oral affirmations from the Planning Commission members whose terms shall expire as of tl.is March. PROPOSED MOTION - Moved by _, seconded by _, that the Council accept the information from the staff and table the interviews until the April 10, 1989 meeting. Ayes , Nays . 20 March, 1989 Mayor and City Council City of Orono Box 66 Crystal Bay, MN 55323 Re: Planning Commission vacancy Ladies and Gentlemen: Please accept my application for . current Planning Commission vacancy. I have enclosed ray formal resume for your review. If I can clarify cr expand upon any of its contents, please let me know. M/ wife and I have lived in Orono for a little over a year. We r’’ *-.o build our home here because of the open, natural state .ty promotes and the high quality of life it represents, both naturalists/outdoorspeople. In fact, my wife holds a ir Biology with an emphasis in Wildlife Research. I would no,. CO use my position on the Planning Commission to help prot^;.ct and preserve the wildlife and habitat in this community. I am a professional Civil Engineer registered in the State of Minnesota. I am involved in planning and designing residential, commercial and industrial projects for private developers. Although at times my responsibilities conflict with my person®! preservation desires, I have found that with proper planning and design, it is possible to find workable compromises to these situations. I can bring this skill to the Planning Commission. I believe this skill makes me uniquely qualified to help resolve the tough planning issues facing Orono in the coming years. As I see them, these will include the Hic’^"'*ay 12 By-pass of Long Lake, and the increasing nee-" for qua:* ity upscale homesites. Both of these issues will create demands on undeveloped areas of Or.-no. I look forward to having :he opportunity to serve on the Planning Commission in Orono. A;ain, I encourage you to contact me regarding any questions you may have. Stephen M. Johnston 900 Nortr. Shore Drive West Mound, Minnesota 55364 472 - 6007 (Evenings) 533 - 7595 (Days) STEPHEN Af. JOHNSTON 900 North Shore Drive West Onmo, Minnesota 55364 (612)472-8007 QUAUFICATIONS PROFILE Proven abiliiy to perform effectively as a Civil Engineer in all areas of Municipal Engineering, in both the Public and Private sector. Skilled in working wiih government agencies and the general public. Possess good understanding of the workings and responsibilities of various aspects of municipal government Ability to V -k independently with little supervision. Able to delegate work effectively to ©then Hold Bachelor’s Degree in C^ivil Engineering. Excellent verbal and written communication skills. EXPERIENCE PROJECT ENGINEER (2/86 to present) Merila and Associates, Brooklyn Park, Minnesota. Hired as Design Engineer to work primarily on Commercial IiKlustrial and Multi-family Residential projects. Promoted to Project Engineer position designing Residential Developments. Position requires supervision of designers, draftsmen and inspectors. Entered below is a partial list of current and past projects: 1) Military Housing Site, Belle Fourche, SD - Housing site for 60 families 2) Artograph Commercial P wilding. Plymouth, MN 3) Lcmay Lake HiUs Townhomes, Eagan, MN - 48 Townhome sites 4) Bur Oak Hills, Eagan, MN - 211 Residential Home sites 5) Lake Camelot Estates, Plymouth, MN -196 Single-family Home sites - 320 Multi-family Home sites 6) Park Square Shopping Center, Brooklyn Park, MN Specific Responsibilities: Preparation of: - Concept Layouts for proposed developments - Preliminary Plat Documents - Environmental Assessment worksheets - Preliminary and Final Cost Estimates - Government Agency Pennit Applications (i.e., DNR, Watershed, Army Corps., HUD/FHA, etc.) Design: - Site Grading Plans - Sanitary Sewer and Water - Storm Sewer and Detention Ponds - Streets, Parking Lots, Trails and Playground Fi»ciliiies Have supervised up to 12 technicians and design engineers concurrently Computer/CAD experience Management of projects during construction EXPERIENCE (Continued) CIVIL ENGINEER (6/81 to 2/86) City of Maple Grove, Maple Grove, Minnesota. Joined city staff as Engineering Aide to assist in project inspection and drafting. Uter returned as Engineering Administrative Technician and gained experience in additional areas, including: project bonding, easement document preparation, subdivision platting requirements and the preparation of developere’ agreements. Promoted to CivU Engineer. Responsibilities included: - Preparing Assessment Roles upon project completion - Reviewing Site Plans to ensure they met with Oty Standards . Granting approval on Grading and Development Plans - Designing Street and Utility Projects and seeing them through to completion - Preparing and submitting special Reports on Long-range Clapital Improvement Plaruting - Overseeing and sche ’uUng work for four Engineering Technicians - Establishing Procedures to minimize design/construction problems - Preparing Traffic Studies education BACHELOR OF CIVIL ENGINEERING (1984) University of Minnesota, Minneapolis. Emphasis onTransportation/Municipal Engineering. Completed 95% of course-work in 1982 and finished while working foU-time as a Civil Engineer at the City of Maple Grove. Continuing Education includes: Inspection, Pavement Design and Storm Sewer Design. REGISTERED PROFESSIONAL CIVIL ENGINEER - State of Minnesota ACTIVrnES Sigma Chi Fraternity - Vice President, Social Chariman. Chapter Editor Inier-Fratemity Council - Representative Twin City Power Boat Association - Seerctary/rreasurer Minnesota Student Assembly University Senate Institute of Technology Student Board Softball. Golf, Camping REFERENCES Available upon request 32189.5 /S' COUNCIL MEETING TO:Mayor and City Council ^ MAR 27 19? 3 FROM:Mark E. Bernhardson, City Administrate#CITY OF ORONO DATS:March 31, 1989 SUBJECT:Facilities Site Analysis ISSUE - 1, Authorization to expend funds to undertake soil tests on the Highway 12 and Orono sewer plant sites. 2. Information regarding review of the sites by the Planning Commission. « INTRODUCTION - At the Council's March 8, 1989 meeting Council directed staff to undertake soil tests of the two sites together with having the Planning Commission review the sites with the architect. DISCUSSION - ISSUE 1. - The three testing firms contacted have presented their quotatTons are as follows: Brown Engineering 3,900 GME Consultants 2,100 Twin City Testing 2,575 ISSUE 2. - The architect at the Planning Commission's March 20, 1989 meeting reviewed the various sites and issues with the Planning Commission and solicited their comments. The Planning Commission unanimously chose the Highway 12/Old Crystal Bay site as the most appropriate for a comprehensive City facility. Some raembej s found the Orono sewer plant site totally unacceptable noting that the City's current use is objectionable because of concerns for the environmently sensitive area. Spring Hill Conference Center was suggested as another site for consideration noting it would not be economically feasible unless the City was to share the site with another non profit use. RECOMMENDATION - ISSUE 1. - It is recommended Council authorization to expend funds undertake the soil borings on the site specified above. It is estimated that it will take approximately a month for these results to be returned at which time the architect will do the necessary preliminary cost calculations for each of the sites. ISSUE 2. - The Planning Commission present their comments to the architect for consideration and the final analysis. Upo^O the conplusion the architect will be undertaking the necessary preliminary cost analysis for presentation to the Council in May. In the interim the staff will be working with 'ts financial advisor preparing their experience with lease purchase together with the City Attorney for the appropriate backgiound on this avenue for financing. PROPOSED MOTION - Moved by _, seconded by _, that the Council direct the contracting with _ _ _ _ for _ _ _ tc be budgeted from the City’s Building Fund and further direct the comments from Planning Commission be incorporated in the analysis by the architect. Ayes , Nays 12689.3(60) TO: Mayor and City Council PROM: Mark E. Bernhardson, City Adrainistrato DATS: January 26, 1989 SUBJECT: Exploration of Elderly Housing COUNCIL MEETING jflAR 27 1930 CITY OF ORONO ISSUE - Determination as to whether there is interest on the part of the Council to enter into disucssions with Hennepin County regarding possible site or sites for a 50 unit elderly housing complex, INTRODUCTION - Over the past few years there has been an occasional mention on the part of CounciImerabers for an elderly housing component in Orono. Recently the County's newly formed Housing and Redevelopment Authority in conjunction with private developers have put together a proposal for elderly housing in 50 unit buildings. DISCUSSION - Under the City's current ordinances the underlying zoning district determines allowed densities. These types of residences desire to be close to serv^jes such as retail shopping together with public transportation. A location in the Navarre area may make such a development feasible as would land in the Highway 12 corridor abutting Long Lake. ALTERNATIVES - 1. Indicate possible interest in exploring such a development to determine more specifics. 2. Choose not to explore further, 3. Table for further discussion. RECOMMENDATION - It is recommended that since the City's further exploration of this type of option either in the Navarre or Highway 12 area would not require ai.y committment on the part of the City that it be explored further. At this present tiite it is staff's understanding that financing would be done through tax exempt mortgage bonds through the County and that financial participation by the City would not be an issue at this point. Should it be explored further Council would be apprised of significant issues related to it. Staff will work to ensure that further discussions do not entail a commitment by the City until so approved by Council. seconded by that the CouncilPROPOSED MOTION - Moved by _ direct staff to further explore this option with the Co:*nty regarding potential sites, needed services and initial feasibility. Ayes , Nays cc: Larry Blaokstad, Office of Planning & Development TO: Mayor and City Council FROM: Mark E. Bernhardson, City Adrainistrato DATS: March 23, 1989 SUBJECT: Water Conservation Restrictions 3 2 389.2 COUNCIL MEETING Iv'AR 27 li^ O CITY OF OROHO Attachment: A. Odd/Even Outdoor V7ater Usage Regulations Memo Dated 3/8/89 INTRODUCTION - Attachment A was presented at your March 13, 1989 meeting with a recommendation to table consideration until this meeting. RECOMMENDATION - It is recommended, based on the continued low lake Tevels and the fact that there has not been substantial rainfall since last summer, that these regulations be continued. PROPOSED MOTION - Moved by __, seconded by __, that the Orono Council concurs with the reiraposition of water conservation ^ regulation as set forth in Resoltuion #2496. Ayes __, Nays __. 283 / /MTTTPC.WV(4eTJ- or . ‘-I-yor a;,d City council Mark E. Bernhard March a, 1939 ™JEC^: Odd/Even Outdoor Wat»' '^sage Begulationa Attachraenta: a. Ordinance #53, 2nd . ,• *^rdinance ' ®-ies. Water Ose Conr B- Resolution #2479 a,, . Control C. Re'^lo£utiln^|54^^“°°°s'''"^ ^ Manadtory Odd/Even September IS l9fla®I!°''^'’9 ®8striction« is, 1989 ® thea.^^ usf||®reqJL/^ Council desires to h ^LTERNATTTnr . ^ April 15,alternative Table for further r? *^‘^er discussion. 2- Reconsider. Repeal. Leave as is. p^£2M MENDATTnM .. j-.. . ordi:^a:ics no.c 1 s^cc^^D ser: j\-rf}\&^'t'l€rC7 /I A WATER USE CONTROL CRDINA:rCE RE0ULATI*':G T.^E USE OF WATER DURING PERIODS Or WATER SHORTAGE The City Council or the City of Orcno ordains as follows: Section .ancuace is amended by adding the fol_-wing C Section 1. Purpose. In order to avoid a water shortage due to inadequate capacity in water svstems, to ensure an adequate water supply for fire 'protection, to protect the environment of Lake Minnetcpnka, to^ ensure the crotection of subterranean aquirers, to maintain w.ne cuality of domestic water supplies, and to protect the general health", safety and welfare of the residents, the following regulations on non-essen.ial water uses shall apply during periods cf. water shortages. Section 2, Implementation of Restrictions. Whenever the City Council shall determine that a snortage or water threatens the City, it may enact by resolution the restrictions for non-essential water use set fortn in tnis ordinance. The resolution shall become effective 24 hours after passage ana publication. The resolution shall contain the following information: (1) (2) (3) (4) (5) (6) Section 3. uses of water that will be restricted; types of water supply which will be restricted, such as"the public water system, private wells, lake or other surface water system; times during which the restriction will apply; whether the use restrictions will apply to all property in the City or will vary depending upon location or identification of property; when the restrictions will be implemented and when they will terminate; and whether the restrictions will be voluntary or involuntary. Notice. Whenever the City Council enacts the restrictions in this ordinance, it shall taka such action as is reasonably practicable to notify the general public of the restrictions. The notice shall be posted on the City's bulletin board and shall be published in the local newspaper. The notice shall include the information duacribed in Section 2 (1-6). 1 m section 4. Tvses of Water SLicgW. The restrictions in this ordinance shall, at the discretion o£ the C^t/council, aoolv to the public water systen. privets we.ls, ^ la<e or other surface water systems, or any coaoinat.on .ne.eo.. Section 5. Restriction^,* During a water shortage the City Council may order one or any oombiLtion of the following restrictions: (1) a complete or partial ban on water use for ’awns, trees and shrubs, irrigation, car wasni..g, ^•‘lling swiaming pools, air conditioning, other use. determined by the City to be non-essential, or any combination tnereof* ^ (•5) at odd/everi watering ban in which residents of !ddresUs ending in an even digit may «»ter on even-numbered calendar days and residents ot addresses ending in an odd digit may water on odd-numbered calendar days; (3) a limitation of water use for specified hours of the day; (4) a voluntary or involuntary restriction; (5) a use restriction applicable to City or based on land use or properwV „de. . and (6) any other appropriate restriction. 'lewly seeded or sodded lawns shall be exempt provisions restriction is instituted. The Council delegates to the City Ad:ninistrator or his designee the authority to declare an odd/even or total sprinkling ban or a complete water use ban of municipal users of any public system in Orono when in the opinion of the Administrator or his designee that municipal water supplies have reached the point that it rould endanger the supply for domestic sanitation and/or fire protection purposes. This would require ratification by resolution at the Council's next regularly scheduled Council meeting. Section 6. Termination. Any water uee reetrictione imposed by the shortage shall terminate by resolution of the Council. -2- Section 7. Effective Date. This ordinance shall be in full force and effecc upon its passage and publication.o adopted this Z5th (Jay of of 4_ _ _ _ Ayes and July 1988 by a vote Nays \j ‘ {L Mayc^ Adali^siwSprT^rX City Cler:< 50a7j # -3- m - ■ ■ M City of OROZN RESOLUTION OF THE CITY COUNC: NO. 2479_ _ _ _ A RESOLUTION ADOPTING A MANDATORY ODD/EVEN WATERING BAM OUTDOORS REGARDLESS OF SOURCE OF SUPPLY THROUGHOUT THE COMMUNITY 0 7) WHEREAS, the City of Orono has a significant ongoing concern regarding its water resources; and WHEREAS, the Cicy of Orono has reflected that concern in its adoption of Ordinance 53, of the Second Series as an amendment to the code Section 3.10; and WHEREAS, the precipitation for 1988 is significant1y below normal as was 1987; and WHEREAS, recent rains have helped alleviate seme of the concern, however, there is still a substantial concern for the longterm situation. NOW, THEREFORE BE IT RESOLVED, that in accordance with Ordinance 53, Second Series the Orono City Council adopts a mandatory odd/even watering ban outdoors regardless of source of supply including lake or wells throughout the community to be in effect until further notice. The exception to this ban is use of water for seeded and sodded lawns as outlined in Ordinance 53, Second Series, Section 5 and is effective upon the Ordinance publication. Adopted by the Orono City Council on this 25th day of July, 1988. - -W.U AT1%ST: Jarae^s R. Grabek, Mayor orothy Hailin, City Clerk ii - r ICHGRCX Citv of OROIVC HrrAdUsirr CL RESOLUTION OF THE CITY COUNC!L NO.O A RESOLOnOH HBMOVIHG the RESTRICnOHS OP THE ODD/^ REGOIATIONS EFFECTIVE SEPTEMBER 15 p 1988, BUT RE-IMPOSING THEM APRIl 15, 1939 source of water; and WHEREAS, the City did such because of significant dr7 ^ conditions: and demand for water is markedly decreased; and WHEREAS, the City still maintains a concern for its on-going water resources- odd/even outdoor water usage regulations, e-iec- PORTHER BE IT RESOLVED that the City ra-imposes these regulations on April IS, 1989. 1988. Adopted by the Orono City Council on this 12th day of September, <^thy HU tallln, City Clerk James R- Grabek,~T4ayorT TO: FBON: DATS: 32289.4 Mark E. Bernhardson, City Administrator Tom Kuehn, Finance Director' March 21, 1989 COU/^Cll [/■ '...j CITY OF SUBJECT: Adopt Resolution to Declare that the Part-Time Position Held by Scott E. Kuyper to that of a Police Officer As it is the City’s intent that the part-time police officer position currently held by Scott Kuyper be considered as a police officer position for PERA purposes and thus include the position in the Police and Fire Fund PERA membership plan, it is required by PERA that the City adopt a resolution specifying that fact. You may recall that this was also required when Jim Morrow previously held the same pos^iton. I have attached a resolution for consideration by the Council. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate Forwarded recommending adoption. PROPOSED MOTION - Move by, seconded by , to adopt Resolution Numbe: ___ Declaring the Part-Time PosFtion Held by Scott E. Kuyper is that of a Police Officer. Ayes _, Nays _. A RBSOLOTION TO DBCLARB THAT THE PART-TIME POSITION HELD BY SCOTT B. KUTPER IS THAT OF A POLICE OFFICER NHEREASf the Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective March 15, 1989, the position Scott E. Kuyper holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of tne City of Orono, Minnesota at a regular meeting held March 27, 1989, ATTEST: Juiues R. Grabek, Mayor Dorothy M. Hallin, City Clerk 32789.2 TO: FHOH: DATS: Mark E. Bernhardson, City Administrator Tom Kuehn, Finance Director March 27, 1989 SUBJECT: Authorization to Hire Assistant Finance Director After the review of the seven finalists was completed last Friday it was determined that the offer for employment would be made to Linda Walters. Ms. Walters college course work in accounting together with a varied work background in accounting including non-profit accounting and audit preparation, having worked for the Spring Hill Conference Center until their recent closing due to economic factors. I have spoken with her prior supervisor at Spring wTill and received a very favorable response. Ms. Walters has indicated an interest in an offer and could start on or about April 3, 1989. It is recommended to start her at the base rate of $10,005 per hour (Level 5 Step I) and that she be eligible for Step II at the six month review if her three and six month reviews are above the expected performanv.e levels. TO: Mayor and City Council FEON: Mark E. Bernhard; i. City Administrate Forwarded recommending approval. 32489.2 TO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director ' DATS: March 24, 1989 COOMCIl MEETING mar 27 1989 cmr OF ORONO SOBJIBCT: Authorization to Hire Assistant Finance Director As you know we have 36 applicants for the currently vacant position of Assistant Finance Director. After review of the resumes we conducted oral interviews with seven applicants. We concluded those interviews on Thursday, March 23rd and will be making an offer of employment, subject to Council approval, on Friday, March 24 or Monday, March 27, 1989. If the tentative offer for employment is acceptable a recommendation of a candidate together with the proposed offer will be presented to the Council meeting Monday, March 27, 1989. If not, the item would be tabled until the following meeting. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate Forwarded recommending acceptance of the information. PROPOSED MOTION - Moved by __, seconded by __, to authorize the hiring of _ _ to fill the position of Assistant Finance Director effective _ _ _ _ at a starting salary of $_ _ _ _. Ayes _, Nays © m INTEROFFICE MEMO - DATE:March TO:Mayor FROM:Chief '..27 J CITY DV .'i:--"*’- The Police Department requests to conduct a public auction on May 6, 1989 at 1U:00 am at Martin's 66 station in Navarre. The vehicles to be auctioned have been abandoned, seized, or unclaimed. This auction will be to satisfy tow and storage charges, and will be conducted in accordance with Orono ordinance 2.61. The vehicles will be sold to the highest bidder with oayment in cash or check with all sales final. A detailed list will follow. TO: FROM: Mayor and Council \ Mark Bernhardsori^T^ Forwarded, recommending approval for auction for abandoned, seized or unclaimed vehicles. PROPOSED MOTION - Moved by seconded by _ _. The Orono City Concil approves the auction of abandoned, seized or unclaimed vehicles, to be held May 6, 1989. Ayes _ _. Nays _ _. r^l INTEROFFICE* MEMO . DATE: March 24. 1989 TO: Mark Bernhardson, City Administrator FROM: Mei Kiibo, Chief of Police RE: Public Auction I request permission to hold public auction according to Orono ordinance 2-61 at 1285 Brown Road South in Orono on Saturday, April 29, 1909 at 1C):U0 am, to sell 24 bicycles, coolers, and many other items and other city property no longer needed. A detailed list will follow. TO: FROM: Mayor and Council Mark Bernhardson Forwarded, recommending approval for disposal of unclaimed, confiscated and obsolete property auction. The Orono confiscated PROPOSED MOTION - Moved by _, seconded by _ _ City Council approves the disposal of unclaimed, and obsolete property at auction tc be held Saturday. April 29, 1989. Ayes_ _, Nays_ _ _. 0 32389.1 t08 PBOM: DATS: Mayor and City Council Hark E. Bernhardson, City Administrate March 23, 1989 SUBJECT: After the Pact - Charging Policy Attachments; A. Double Pee Memo Dated 3/22/89 B. 1989 Fee Ordinance #62, Second Series Page 4-5 ISSUE - 1. Determination by Council as to the policy they desire regardinc residential property owners causing the need for after the fact variances. 2. Determination of means by which the policy, if any, should be incorporated. INTRODUCTION - As outlined in Attachment A, the City has had an informal policy regarding this issue which has had the tacit approval of past Councils. DISCUSSION - As this is informal, the Planning Commission was not aware and desired a clarification. Attachment B would be a logical place to incorporate any Council policy. ALTERNATIVES Issue #1 Policy A. Concur with informal policy as noted in Attachment A. B. Amend by treating all After the Facts in an identical manner• C. Amend to have waiver done by Council. D. Take no action. E. Table Issue #2 Implementation A. Continue any policy on an informal basis. B. Formalize oy incorporating the policy ordinance.in the fee *M MEND AT I ON — It is recommended the current policy be 'Tnued and incorporated in the City’s Fee Ordinance with the 7 : following language on page 5: This additional fee may be waived by staff for residential property owners who have not involved a contractor in their work and do not have a previous history of work without a permit. PROPOSED MOTION - Moved by seconded by. _. . _t that the Orono City Council amend Ordinance Number 62 of the second series to incorporate the policy regarding double fee payment by residential property owners. Ayes __, Nays __. /,-rT»VG.H(Vv€>JT A TO: Mark A. Bernhardson, City Administrator FROM: Jeanne A. Mabusthr Building and Zoning Administrator DATE: March 22r 1989 SUBJ: Ose of Double Fee/Penalties for Orono Residents At the March meeting of the Planning Commission^ Members questioned Staff for not charging a penalty fee on a land use application involving a resident who constructed a deck without a building permit. Staff advised that the City does not charge a double fee for building permits or land use applications in cases where the resident performed construction work without the benefit of a building permit. It should be noted however that a resident is charged a double fee if the records reveal that work has previously been done on the property either by or for the owner without permits. Staff has followed this practice believing that this was an accepted policy of the Ci-t-y. The former City Council had been supportive of the special penalty policy, but failed to affirm it by formal action of the Council. Staff would recommend that Council reconsider special penalty policies for residents. The following options of actions are available: 1. Disapprove of the special policy for residents and direct Staff to double fee all residents who file after-the-fact building permit or land use applications. 2. To approve a policy that would exclude residents from paying penalty fees for aftej.-the-fact building permits or land use applications if that resident was found to have never been in violation of performing construction work without a building permit. Further, direct staff to prepare an ordinance amendment of the fee schedule that would clarify and formalize this policy. Planning Commission Chairman Kelley Planning Commission Members gPlilNG APPLICATIONS (CONT.I /iTTACLrt-wieirr I3 Application Type RIP-RAP Staff Review (normal rip-rap) Unusual Rip-Rap: a) New installation b) Repair existing APPEAL TO PLANNING COMMISSION (of Administrative decision) INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Pee: Fee Applic ble Code Sec'- ion No Charge $100.00 + CUP review Staff permit = $100.00 $100.00 10.06, Subd 3(D) 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Fee Schedule setforth below: Professional Time Clerical Time Legal/Bngineering Consultants Mileage/Copies/Postage/Btc. Section 10.11 $ 25.00/hour $ 15.00/hour Actual Bi1 led Cost Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) lOMHIG APPLICATIOMS CCONT.) Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval thereforof a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation* the minimum application fee for after- the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an after-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to institute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. kfter-the-fact Investigation Fee Amount:Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 1306 cycp^ T0S Mark E. Bernhardson, City Administrator Froas John R. Gerhardson, Public Works Director Dates March 24, 1969 32489.IHD Subjects Equipment Public Works - Skid Steer Loader At the March 13, 1989 Council meeting the Public Works Director was authorized to solicit quotes for a used skid steer loader for the Public Works Department. The price range for used equipment of the size loader needed was $9,800. to $12,500. We were advised that with the factory discount available on new machines we could purchase a new loader as cheap as a used one. The following is a list of the companies and their bids. Long Lake Ford Tractor $11,677. Case Power & Equipment $10,950. Lano Equipment $ 9,658. RBCOMNBNDATIOM - To purchase one new skid steer loader from Lano Equipment Company for an amount of $9,656. PROPOSED NOTIOH - Moved by ___, seconded by ___, to approve the purchase of one new skid steer loader from Lano Equipment Company for an amount of $9,658. Ayes _ _, nays _ _. Tot Mayor Grabek 6 Orono Council Members Proaix Mark E. Bernhardson, City Administrator Forwarded recommending approval. i) 32289.6 4 ^ m TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator^ DATS: March 22, 1989 SOBJRCT: Administrator's Information 4 0 HIGHWAY 12 SIGNAGE - A number of months ago Chief Kilbo had put together a request to revise the signage on the west bound lane of Highway 12 coming out of Wayzata where it goes from six lanes down to two lanes, MnDOT has now responded to indicate that they will be making substantial changes in that signage to help alleviate the problem. Chief Kilbo's initiative in this effort should help to improve the safety along that particular streatch of highway. HIGHWAY 12 TASK FORCE - Upon returning from vacation I put another call into the Commissioner of Transportation's office and am awaiting a response to see when he will be able to meet with the people on the east end of the corridor. MINNEHAHA CREEK WATERSHED DISTRICT/CLEAN WATERS GRANT - As you may recall the city agreed to participate in a grant program to improve the lake quality as it relates to Long Lake, which will subsequently have an improvement as it goes down stream to Lake Minnetonka. The State has funded this grant and the project's initial phase be started early this summer. MCWD RESPONSE/qPERATIONS POLICY - The operations policy for the Grays Bay Dam is currently being reviewed by the Department of Natural Resources and the Watershed District is awaiting that response, LORD FLETCHERS PARKING - At the Spring Park Council meeting on March iO, 1989, the request by Lord Fletchers for a rezoning of property to make it a parking lot was heard. Lord Fletchers then withdrew the application as the City had Indicated that the request would be preceived as a spot zoning of the property. At this point no further action has been taken. MINNETRISTA/HENNEPIN PARKS - At a phone call earlier this week it was indicated that Minnetrista had not yet made a decision on an appeal. It is expected that they will have to make a decision in the next month as their appeal period nay have run its course. Hennepin Parks has initiated the process for eminent domaine proceedings of the properties they desire to acquire, CRYSTAL BAY ROAD - PROPERTY OWNER ASSESSMENT - Attached please find correspondence that was transmitted by the City Assessor to Mr. Wheeler in response to his concerns for valuation on the property (Attachment A). Subsequent to his 3/14 letter there has been a phone conversation with him and as I understand the matter is being handled by the Assessor. CRYSTAL BAY ROAD - RESTORATION WORK - The City Engineer and Public Works Director made themseIves available to property owners on site the evening of March 21, 1989. Only two residents were present. Based on results of that meeting the City s application will again be presented to the Planning Commission at their April 17, 1989 meeting. RESPONSE TO CONCERNED RESIDENT - As you will note in Attachment B a letter was presented to the Council at the Pebraury 27, 1989 meeting. The Chief of Police nas discussed the matter with the individual and a summary of that conversation is outlined in that memo. The individual indicated his satisfaction with the telephone response. O COUNTY ROAD 116 - In a dicussion with Commissioner Jude it has been indicated that the Hennepin County Commissioners are takeing the position that they will respect each City's wishes as it relates to 116 within their respective communities. He had indicated that he had a discussion with people in Medina who are in opposition to 116 and he suggested that they should take it to the Medina City Council and if they can persuade the Medina City Council to change their mind then the County would not continue with the project in the City of Medina, otherwise they would. As it relates to Orono they will respect whatever Orono wants to do in relationship to it from the City border with Medina to Highway 12. This issue will be presented for formal action at your April 10, 1989 meeting once staff has received a copy of a letter from Commissioner Jude outlining his position. HI6HW00D STORM SEWER - City Engineer Glenn Cook and myself met with Glen Sauer, 4104 Highwood Road, regarding storm water ponding at the above address. Mr. Sauer stated that he would like something done to avoid the flooding situation that has occurred in the past during heavy rains. City Attorney Tom Barrett is researching to determine if there is any liability on the part of the City if no improvements are done. 1910 SEADYWOOD ROAD - All information has been presented to Hennepin County for their action on the vacating of County right- of-way as it relates to 1910 Shadywood Road and the adjacent neighbors. The right-of-way agent from Hennepin County is currently on vacation until April 4. I expect to hear from him \'hen he returns. COUNTY ROAD 15 BEAUTIFICATION PLAN - The planner Mr. James Robins has completed the landscaping plan for County Road 15. The Committee has approved the plan and is tentatively planning a presentation to the Orono Council on April 10, 1989. m CITY, 0F.>. ORONO CITl Post Oflio* Boa 66*GryiUl B«y. On th€ North Shore of Lake Minnetonka rTimyrMeijr k M*rch 7, 1989 Mr. J#rry Uhc«1«r 3399 Cryst4l Bay Road Uayzata, MN 55391 Daar Mr. Ulhaalar: O The Orono Asaassor's O-f-fica considara all -factora, including watar laval and waads, that af-fact tha markat ualua o-f propartiaa in our city. Whan tha markal: changaa, aa ah^ by actual aalaa, uia changa our ualuaa. Plaaaa ramambar i..at our atatutory pariod of salaa lags tha currant aaaaaamant by ovar ona yaar. This is why tha tax aystam ia slow to raapond to markat changaa. Thank you for tha information that you haua auppiiad for yoursalf and your naighbors. If you find any diract markat showing tha affact of watar laual and waada^ plaaaa ahart tham with us. Hannapin County will ba mailing Orono 1989 proparty waluation noticaa in !ata Apri1. If you or your naighbora haua quaationa raguarding your classification or ualuation plaaaa call aftar you racaiwa your notica. Sincaraly, U Rolf E. A. Erickson Cit ' Aaaaaaor O cc: Mark Barnhardaon, Orono City Administrator BUILDING a ZONING - 47 3-7357 ASSESSING administration a finance - 473-7358 PUBLIC WORKS - 47 3 359 MARCH 14, 1989 ‘.'^P I 6 G DEAR CRYSTAL B*r- ROAD KESIDENTi ENCLOSED IS A OF MR. ROLF ERICKSON'S REPLY TO OUR CONCERNS OVER .iliETHER OUR HOMESTEADS ARE BEING FAIRLY APPRAISED RELATIVE TC OUR BAY AND ROAD CONDITIONS. EVEN THOUGH THERE HAVE BEEN THREE TO FOUR HOMES FOR SALE ON CRYSTAL BAY ROAD OVER THE LAST FEW YEARS, THERE HAVE BEEN ^ SALES OF HOMES ON CRYSTAL BAY ROAD THAT I AM aware of, SINCE 1986. THE INABILITY OF THOSE HOME OWNERS TO RECEIVE reasonable OFFERS IS EVIDENCE OF THE FAILING MARKET AND FALLING VALUES ON OUR STREET, IVPARTICULAR. WE DON'T NEED TO WAIT TO SEE A HOME SELL AT AN UNDERVALUED AMOUNT IN ORDER FOR US TO KNOW THAT OUR PROPERTY VALUES HAVE BEEN NEGATIVELY EFFECTED BY OUR CURRENT CONDITIONS! BUT, IN STATES J 1 .) SPITE OF THE PRECEDING, MR. ERICKSON'S LETTER "WHEN THE MARKET CHANGES, AS SHOWN BY ACTUAL SALES, WE CHANGE OUR VALUES" (EMPHASIS ADDED) 2.) "IF YOU FIND ANY DIRECT MARKET SALES SHOWING THE (NEGATIVE) EFFECT OF WATER LEVEL AND WEEDS, PLEASE SHARE THEM WITH US" (EMPHASIS ADDED) THESE STATEMENTS GO A LONG WAY IN IDENTIFYING OUR LACK OF CONFIDENCE OVER RECEIVING OBJECTIVELY FAIR APPRAISALS! I HAVE SPOKEN WITH MR. ERICKSON REGARDING THESE SPECIFIC STATEMENTS AND OUR CONCERNS. MR. ERICKSON HAS SUGGESTED THAT THERE HAS BEEN SOME MISUNDERSTANDING AND HE ASKS THAT WE BE PATIENT FOR A COUPLE OF WEEKS UNTIL HE FINISHES UP SOME OTHER OBLIGATIONS. HE WILL THEN PERSONALLY AGAIN , ADDRESS OUR CONCERNS. MR. ERICKSON SOUNDED TO BE SINCERE AND HAS PROVEN HIS ABILITY TO BE FAIR IN THE PAST, SO I TOLD HIM THAT THAT WAS FINE WITH US! AT THAT TIME. I WILL SHARE HIS RESPONSE WITH YOU SINCERELY, o DATE: March 20, 1939 TO: Mark E. Bernhardson, City Administrator I ■B FROM: Melvin Kilbo, Chief Police SUBJECT: Dave Peterson letter 2/28/89 I spoke to Dave Peterson on March 10, 1939. Mr. Peterson was concerned about our traffic enforcement, particularly on County Road 15. He was concerned that officers were stationing themselves near the 30 MPH zone (which is in between two 35 MPH zones) and inappropriately citing greater numbers of violators. I advised him that we had two particular areas targeted for increased traffic patrol. One area was County Road 15. This area was selec ted because of new construction and the fact that Couiity Highway authorities would be running a speed survey early in the year and that the County Department of Transportation would determine the speed limit from the 85th percentile of all the traffic traveling County Road 15. I further advised him County authorities had in fact finished their speed survey and had arrived at a speed limit of 35 MPH from County Road 110 to County Road 19 on County Road 15. I told him this limit is a reasonable limit and that the department had assisted measurably in keeping the average speed down. I advised him Long Lake Council had requested heavy traffic enforce ment on east U.S. Highway 12 because of the two fatalities on U.S. 12. I told Mr. Peterson that we would not be concentrating on County Road 15 as heavy until the summer season when traffic volume increases to higher levels. Mr. Peterson seemed satisfied with this explanation and I asked him to call if he had any specific questions about cur enforcement policy in the future. Addition of a supervisor would aid in prioritizing tasks in the de partment. The department does run radar on a complaint basis. 2-26-89 Orono City Council Crystal Bay, MN. Subject: Exist iri9 Job Opening in Orono Police Dept and considerat ion of promotion o4 Orono Of-f icer. o Dear Mayor and CounciImembers: I request a revien of the objectives of the Orono Police Department and a conscientious definition of its objectives. It Hould be expected these objectives include: Street Crime, Burglaries, Theft, Assault, Drug Control, Arson, Traffic LaHS and MANY MORE. While I maintain high respect for many fine officers on Orono's Police department, I do question the focus and time dedicated to the many classifications. Previous City Council discussion involved the great increase in legal expenses related to police enforcement. I request the Council to identify the success of crime control.' Has any element of crime been improved, and at what cost? I feel a disproportional effort has been placed on traffic Ian enforcement. If this is true, can this be substantiated by a reduction in either accidents or deaths Mithin Orono? The cost of heavy traffic enforcement is not only a burden to the residents through taxes, but results in a longer penalty in the form of insurance classification. It is my contention that this disproportional effort ilf soJ results in an unfair situation of our protecters "picking" on their const 1tuants. I am not discouraging law enforcement, however I do feel the mission of the department ir t defined, empire building cannot be controlled. I request promotions and continued growth of Orono PD be tabled until the effectiveness of the department is substantiated and any indication of ineffectiveness warranting growth is determined. /Respectful 1 y, Dave Peterson 2625 Fox St. Wayzata, MN. 55391 > c/ LIST OP LICENSES FOR COUNCIL APPROVAL FOR HCETING OP March 27, 1989 COUNCIL MEETING JIAR 27 1989 CITY OF ORONO Septic System Installer - Patnode Bros. Sewer & Water 16551-Lake Ridge Drive Maple Grove Special Event - Easy Race IX One-half marathon May 7, 1989 - 9:00 - 11:00 A.M. :iTYof ORONO Port Office Box 66 Crystal Bay. MinnoaoU 55323 BUILDING A ZONING - 47 3-7357 assessing SEPTIC SYSTEM INSTALLEPS LICENSE A- PLICATION All questions must be answered. License fee, bend, 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. Business or trade name f^o^. %fixxy^1. 2. 3. Business address /^ S /____Xc fTtr 0^^ y Business phone ^1,0^ 37^3 Residence phone Name of applicant or company representative holding MPCA certification n *7 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Installer P’jLinperType of certification held: Site evaluator System designer Is this a Provisional Certificate? Certificate No. 53? > If no Certificate is held, provide evidence of attendanoe*at one of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. . . . . 7. 8. loT •• held a Septic System Installer license in Most recent year -_r*. Have you Orono bet Have you ever had a license revoked? /t/J When? Where? _ _ _ Do you do Municipal Sewer hook-ups? Yes N Do you pump out septic tanks? Yes No SUBMITTALS REQUIRED: ■£>— 1. $25.00 license application fee.. _ _ 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certificate of Insurance .-D^ ^ ^ 4. Copy of current MPCA Certificate or evidence of attendence at On-Site Sewage Treatment Workshop held immediately prior to current construction season, _ _ _ _ _ _— LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized^ you to apply for permits under your license Bu -v ^ The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. Date ‘ ?II Applicants Signature TY LY Staff recommendationr ApprovalDenial Reason for denial: - -^ _ _ _ _ _ _ City Council Action Date license mailed Date 3'-/2iS2. Date Approved Denied March 17 Easy Race IX APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 : 9 Q 19Z? Application Number_____ The Bank Wavzata^ 900 East Wavzata '.iayzata, nil 55391 ddress .......Enter Orono on '.icst Ferndale and cross County Road 15 between bcation of Parade or Event'.Jest Ferndale an^l Orono Orchard; turns on Oro no Orchard* tucfis again on Fox Street, takes Fox Street to OV. crystal Bay Road and follows Old Crystal Bay Road j to Crystal Bav: turns on County Road 51 tn County Road 19; takes County Road 19 to Northview , i goes through westerly part of f^innetonka Beach and comes back to County Road 15; crosses 15 ! to Old Beach Road, takes Old Beach to County 19, takes County j9 into Excelsior^_________ ante of Persons and/or Organizations Handling the Event ________________________— David Boies. The Bank Wayzata_________________________-___________________ __________• lone Nuinbers 473-8855________ ite of Event Mav 7 1930 Hours of Event J:00 11:00 A.iL Bason or Purpose One-half narithon Lo nrovide athletic onportunicy vor p articinants; all entry fees donated to PCD Saye the LaKe Fund, Crime Prevention Funds & Volunteer Firg Departments of communities through which the race passes, nsurance Coverage npnpral Aggrpgatp/Pprson al Injury mount 1 -nnn.nnn/5nn-nnn____________________ Drop any Ampriran States opy of Insurance Certificates to be Submitted with this Application. am aware of all applicable State and other laws regarding Parades and pecial Events and will abide by same. I also agree to hold the City of rono harmless from all liabilities that may arise directly or indirectly rom the Parade or Special Event approved by the granting of this permit. ee: $25.00 ee Paid: ate: _ _ _ Signature of Applicant 19 heck 'ash nitials RECOMMENDED: Yes AT No. Public Safety Director Approved: Yes_ _ _ No Clerk-Administrator ffice Use Only; emarks:_ _ _ _ _ _ 3-R4 u I n t'’: ■ 'i ' i n.i, n'' 03/19/89 PR CB PRREGOR COUNCIL 27 :9'5 CITY OF ORONO NAME DPT ANDERSON, BRUCE I_ _ 3t BERNHARDSON, MARK E 12 BERNHARD80N, MARK E 12 BOBZXEN, SUE A - - 31 BOSMA, JAMIE L 12 BRINKHAU8, JOHN F 4^ CHESUICK,- GARY B _ _31- CHR1ST1ANSON, SALLY 31 CORNICK, JAMES L 31 FNGLISHIII, IRVING H 31 ERICKSON, KURT R 31 FISCHENICH. DAN T 31 FRITZLER, JOHN M _ _3L GAFFRON, MICHAEL P 33 GERHARDSON, JOHN R 42 GREGORY, JAMES 0 42 HALLIN, DOROTHY M 12 HANSEN, SI EVEN C 42 HANSING, CAROL J - 31 JACOBS, THOMAS J 33 JOHNSON, BRADLEY P 31 KXLBO, MELVIN H 31 KNUTSON, CHARLOTTE A 15 KUEHN, THOMAS M 15 KUYPER, SCOTT E 31 MABUS1M, JEANNE A 33 M1KEL50N. ROBIN A 15 MORAN, MARK F 31 MOROWCZTNSKI, JAMES 31 NAAB, THERESA L 12 OBRIEN, RANDY L 92 OMAN, LYLE E 33 PALMER, PETER B 31 QUAST, UAYNE A 92 RATHBUri, BARRY J 92 SASS. JOHN J 42 SCHAU5S, CHARLES R 31- SCHEFFLER, LAURIE K 12 SKREEN, DALE S 42 STEFFFNHACEN, RONALD 93 THOMTON. MARK R 31 TOMCHECK, LAURENCE F 31 TOMCZYK, MARK W. 31- UALSH, KEVIN L 35 YTQ- GROSS -8971^73- 10970.40 13014.48 5314.70 3147.79 8898.68 - 8742. OB- 984. 00 8406.99 8084.39 8056.43 7850.71 -8369.48- 7481.89 10081.30 7645.12 6603.21 5668.95 -3006.97 7481.86 8327 1 0850 5282 10153 - 314 8964 5909 9308 9S34 5237 -8135 6273 925 6829 6300 6994 - 6561 4468 6643 6613 7218 7530 80E1 . 90 40 05 09 27 04 55 31 49 46 25 00 45 41 59 97 83 17 68 39 38 86- 1179.21 CURRENT GROSS -181 A,75— 250.00 2044.08 882.40 600.86 1399.47 -L460^58— 192.00 1561.35 1354,46 1316.16 1365.21 -1387-. 5 9— 1250.02 1684.23 1270,19- 1103.20 423.92 454-36 -- 1250.02 1466.45 1812.80 882 40 1696.32 3i4_I6_. 1497.68 1449.19 1363.69 1461.52 682.40 - 1 ai 3^6__ 1048.06 170.00 1131.09 1046.04 1202.59 1 032.S7__ 764.31 1120.49 1104.96 1255.37 1313.44 136T^60_- 310.50 49,553.74 'll.. 1989 CXTY OF ORONO _CHeCK_N0^_0AT5_ _ _ _ 086010 03/22/89 CHECK REGISTER ^AMOUNT_ _ _ _ _ _ _ _ _ _ _ _ _ _VENDOR..._ _ _ _ _ _ _ _ _ _ITEM DESCRIPTION AT4T INFO SYSTEM TELEPHONE UTR PLT 03-27-39 PAGE 1 ACCOUNT NO INV • P.O R MESSAGE 10 JCL 72-4320-S49-91 l»***-CKS 086014 086014 03/22/89 03/22/89 94.3S 3S9.47 _ _45i.82_ ALL STAR ELECTRIC ALL STAR ELECTRIC TRAFFIC LITE HUY 12 RBPL MOTOR-UTR PLT 01-4233-249-42 72-4345-549-91 •^•-CKS 086031 086031 „08603l. 086031 086031 03/22/89 03/22/89 03/22/89 03/22/89 03/22/89 2.96 .39 _5.^6_ 6.27 20 98 36_S6„. AT 4 T COMM AT * T COMM AT.6.T COMM AT * T COMM AT 4 T COMM TELEPHONE FEB TELEPHONE FEB TELEPHONE FEB TELEPHONE FEB TELEPHONE FEB 01-4320-039-12 01-4320-069-15 01-4320-1 29-3JI. 01-4320-174-33 01-4320-175-34 •••-CK3 ANDERSON-SRUCE BURGLARY PATROL 01-4381-129-31 _ BARTON SAND/GRAVEL_ _ _ _ _ _^25_0_TONS SAND_ _ _ _ __ _ _01-4233-249-J[2 • •V-CKS • *i*-CKS BLACKOUIAK 6 SONS BONESTROO ROSENE A3N BONESTROO ROSENE ASN BONESTROO. ROSENE .ASN BONESTROO ROSENE ASN BONESTROO ROSENE ASN FEB RUBBISH ENG RETAINER JAN' ENG CONSULT JAN _ENG. CONSULT JAN ENG HUY 12 STUDY ENG CONSULT JAN 01-4343-099-17 ♦••-CKS 086081 03/22/89 313 16 313.16 BLACKS PHOTOGRAPHY OFFICE SUPPLIES 01-4304-200-41 01-4305-249-42 01'^305:;J40-71 0 1-43 0 6*-299-72 73-4305-569-92 01-4210-129-31 ♦••-CKS T.^-CKS 086085. 086085 03/22/89 03/22/89 64 00 91 25 155 25 PUDCET PRINTING BUDGET PRINTING RESERVE LOG SHEETS DOG UARNING NOTICES 01-4210-175-34 01-4322-185-35 • »-*-CK< _.03/.C2/39.646 89 CARS ILL .SALT_ _ _ _ _ _ _ _ _ROAD SALT _ _ __01-4233-249-42 1989 CITY OF ORONO „CHECK_NO._DATE ___AMOUNT_ _ _ _ _ _ 646 69 * CHECK REGISTER _ _VENDOR___ __ _ .. . .ITEM DESCRIPTION 03-27-89 PAGE 2 ACCOUNT NO INV_W P 0 «t MESSAGE_ _ _ ♦••-CKS '_OBSiee 086126 ** 086128 __ _03/^/89_ 03/22/89 03/22/89 _ _7,36 _ 50.00 57.37 CONCEPT microfilm. CONCEPT MICROFILM concept microfilm microfiche microfiche MICROFICHE 01-4306-039-:J2 01-4306-039-12 01-4306-174-33 *»*-CKS 066130 086130 086141 03/22/89 03/22/89 48 71 94 96 ._141.67 03/22/69 22.50 82.50 • COLONIAL LIFE INS CO COLONIAL LIFE INS CO CORCORAN PET CARE OIS INS MARCH DIS INS MARCH 01-4152-126-31 01-4152-129-31 • ■*»-CKS A.4IMAL CARE FEB 01-43f0-185-35 _ _ __ _ _ _ _ _ _ _ _ _ J.3.70 . _ 13.70 • CORN ICK/ JAMES_ _ _ _ _ _ _ _ _COURT/DARE_ _ _ _01-4381-129-31 __ _ _ _ _ __ 086154 -.086.154_ _ _ _ 03/22/89 Jl3/e£/89„. : _. *4 086157 03/88/89 270 02 201 .53 . 471.55 ♦ 85 00 85 00 - 086199 086199 03/22/89 03/22/89 4,231.00 50 00 CY« UNIFORMS CY5 UNIFORMS DAHLCREN SHARDLOU ROLF E ERICKSON ROLF E ERICKSON CLOTHING clothing 2NG ORD AMNDHU'T 12 ASSESSING MARCH POSTAGE 0^-4221-126-31 01-4221-129-31 01-4306-299-72 »»*-CKS ^■•■-CKS •»*-CKS •••-CKS 01-4307-059-14 01-4321-059-14 »**-CKS 066212 086230- 086256 03/22/89 03/22/89- . 11 85 11 85 < 25.2d__. 25 £0 » E 'PRESS MESSENGER MESSENGER SERV 01-4321-174-33 •»»-CKS FISCHENICH/DAN BURGLARY PATROL_ _ _ _ _ _ _^0ijL-138j|.-1 29-31 »*»-CKS 03/22/89 495.67 GENUINE PARTS CO EQUIP PARTS 01-4232-249-42w I» HI -a 1989 CITY OF ORONO _CHECK_i#Q^OAre____ _ _ _ _ __AliOUNT_ CHECK REGISTER 03-S7-39 PAGE 3 .VENDOR^ _ _ __ _ _ _ITEM DESCRIPTION_ _ _ _ _ _^COUNT NO IN^_ « P 0. » MESSAGE_ _ _ 495.67 • •««««« -986258_ _ _ _ _Ql/SSL/99^ i*t '1'_ 086269 03/22/89 086870 03/28/89 ‘ ^ r t; !»• SO It 086272 03/22/89 iui ^1 «■*«*«« ,*4i -M6e75._03/88/89-a 086875 03/88/89 ■8 086875 03/88/89 .086275 ._Q3/22/'99 -j! -W >01 086275 03/88/89 Il ia «««•«* 331 086e91 .03/22/89. 37 so 37.50 * _^LENyOOD_lNGLEUOpp_ _ _ _ _BOTTLE_WAIER 01-4324-099-17 ♦••-CKS _ _ _ 60.00 AOj^O^ GOVT TRAINING SERV MN PUAMNING CONF 01-4356-174-33 59.89 GRAINGER-U U _ _ _59^.89_*_ _ _ _ _ _ _ _ _ _ _ _ _ _ 810.57 210.57 • 716.30 _93.J55 191 00 G 6 K SERVICES _?FPyP.HEALTH J NC GROUP HEALTH INC GROUP HEALTH INC GROUP. HEALTH. INC GROUP HEALTH INC 1,362.45 • SHOP VISE LEASED CLOTHING FEB HOSP APRIL HOSP APRIL HOSP APRIL _HOSP APRIL HOSP APRIL 73-4234-569-98 01-4221-249-42 01-4151-121-31 CKS *»«-CKS 01-4151-126-31 01-4151-129-31 01-4151^174^3_ _ 74-4151-590-93 **»-cks _ _58.24. 58.84 « -HALL I.N/POROTHY ___________.CLERKS .Cqnf________01-4356-039-12 086330 03/88/89 086350 03/88/89 86.87 ICMA RETRMNT CORP ICMA 3/6 TO 3/19 01-4140-039-12 -••-CkS "••-CK.S C-./88/89 03/88/89 6 95 6.9S « 1 0 00 INTL INST-flUNI CLKS MEMBERSHIP DIRECTORY 01-4840-039-18 65.04 75.04 • JACOBS/TOM JACOBS/TOM ._0-864P2_..03^8/89.__4.233,50__ 4,233.50 « LAKEMTKA CONS 01 ST CHAPTER MTG M7.EA6E-MARCH 2ND OTR LMCD 01-4356-174-33 01^4381-174-33 01-43GO-020-I •••-C '<S ♦♦*-CKS ***-CKS 1989 CITY OF ORONO CHECK REGISTER _CHECl!LHQ^_DAIE.VENDOR._ _ _ _^IIE« PESCRJPTION_ _ _ OS-ST-SS PACE 4 .ACCOUNT NO INV « P.O _MESSAGE L_ _0E6435. **1 086435 086435 ‘_ _086435- ^ 086435 V 086435 _03/a£/89_ 03/88/89 03/88/89 _03Z£8/8i__ 03/88/89 03/88/89 -43-£7 086435 03/28/89 It 086435 03/82/89 . 6116435.-03/.28/B2_ _ _ _ a 086435 03/88/89 i«^ 1? ;c 086439 03/82/89 i» zc *«««>** .aaj 086468 03/82/89 ZA M Zt rr rr 086474 03/22/89 086474 03/88/89 Jt > .««086480 03/88/89 M ir it -f _08649j0 _J)3/28/89 At •SJ 086495 f'3/£2/89 45 498.91 197.17 .246^47. 557.79 704.03 JS 15^94- 81 .33 87 88 _ _ _ _-165_1JL 56.68 J.0CIS..- LOGIS • LOCIS - -LOG IS,: LOGIS • LOGIS ■ LOGIS,: LOCIS - LOCIS - LOCI£_r LOGIS - SUITE. 300 SUITE 3C0 SUITE 300 .SVUE^300,. SUITE 300 SUITE 300 SUITE. 300_ SUITE 300 SUITE 300 SUITE 300 SUITE 300 PAYROLL,CHE CKS_ LOCIS AOMIN FEB LOGIS ADMIN FEB LOGIS ADMIN FEB, DATA PROC FEB DATA PROC FEB data. PROC FEB„ LOGIS AOMIN FEB DATA PROC FEB LOGIS ADMIN FEB_ DATA PROC FEB _0Lr42.10-06.9-J 5. 01-4358-069-15 01-4358-189-31 ,.01 -4358-174-33 01-43*55-069-15 01-4355-189-31 ,01-4355-174-33 78-4358-549-91 78-4355-549-91 .T3-4358-569j:9^ 73-4355-569-98 8.888.55 • • ••■-CKS 9 14 9 14 * ,Lp.NG LK F0R_D__TRACT0R_ _ _XQUIP .PARTS_ _ _0 -4838-249-48 783.87 783 87 * MARTINS NAVARRE 66 MAINT SQUADS 01-4341-189-31 »**-CKS 10,776.86 3 OC- 10^773 86_»_ METRO UASTE CONTROL METRO WASTE CONTROL PREPAID MUCC APPRIL PREPAID MUCC APRIL 73-1868-000-00 T3-1ZEE-000-00 »**-CKS 94.71 94.71 • MIDWEST ASPHALT PARKING LOT LMSTN 01-4343-099-17 ■**»-CKS' .,799.03_ 799 03 ' _ _ _ MINNECASCO HEAT FEB 01-4384-099-17_ _ ••♦-CKS 7.00 _7...00_1 MN BENEFIT ASSN LIFE INS 01-4158-189-31 4t’ 0B6500 »»»-CKS 03/88/B9 87.00 87.00 MINN COMM PACER SERVICE 01-4380-189-31 ♦••-CKS J08.6S05-J>3/22/e9__ 086505 03/88/89 5L_90 49.80 101.10 « MN FIRE A_ safety MN FIRE 6 SAFETY* FIRE E>aiNCUlSHER RECHARG FIRE EXT 01-4838-189-31 01-4348-189-31 —4 1989 CITY OF ORONO CHECK REGISTER .CHECK NO. DATE AMOUNT VENDORr~ i 1 3>086586_ _ _ _ _03/22/89 50.00 MINN GOLF ASSN 4 1 . 50.00 « IT i- lL_086512 01/22/89 85.00 __ 85*^00 * MPELRA-BRYAN BROUN lio. i* 08652P 03/22/89 174.00 174.00 m MTI OIST CO 036_S4§_ _ _. 03/22/89 99.86 NAVARRE auto REPAIR r’ C86545 03/22/89 P.9 93 129.79 m NAVARRE AUTO REPAIR ja 09655_9 . 03/22/89 1,093.39-NSP:» i. 086SSS 0865S9 03/28/39 03/22/89 I ,093.39 1.09J 39 1.093.39 ♦ NSP NSP .'4- 30 066562 03/22/89 123.33 133.33 m NSP T- i-» 096569 03/22/89 1 42 75 N U 3ERV STATION EQ 142 75 • t* 4 086574 086574 _. 03/22/89 _ Of/g.2/89 125 00 5^001 26 OFFICE PROD OF MN OFFICE PR0D_0F_.HN 5,126.25 m ■ 086582 086582 03/22/89 _ 03/22/89 85.68 35 68 OMAN/LYLE l OMAN/LYLE 1 086582 03/22/89 85 68-OMAN/LYLE 1 ITEM DESCRIPTION MCA_MEMBERSHIP_ 03-S7-a9 PAGE 5 ACCOUNT NO INV. » P.O » MESSAGE 74-4380-590-93_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ KILBO MEMBERSHIP 01-4380-129-31 ♦**-CKS SHARPEN T-MOUERS 74-4342-590-93 ...1? **»-CK3 MNT FORD LTD 01-4341 -249-42 MNT TRUCK 709 TREET_LICHTS MARCH TREE'T LIGHTS MARCH STREET LITES MARCH 73-4341-569-92 i2 01-4325-249-42' 01-4325-249-42 ► -CKS • •■•-CKS ELEC LIFT STATIONS REPAIR GAS PUMP 73-4324-569-92 «««-CKS 01-4342-099-17 JT^^^-CKS MNT CNT IBM PS2-60 IBM PS/2 MODEL 60 01-4340-129-31 tA-4540-631-00 JL-J?-.CKS. 85.68 • 086613 086613 _03^2^9 03/82/89 03/22/89 3,464.38 614 47 IS . 45 PERRTS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR MILEAGE SEPTIC CLASS MILEAGE SEPTIC CLASS MILEAGE SEPTIC CLASS COLL REPR »146 TRANS REP 80 CHEV TRUCK WASHES 01-4381-174-33 01-4381-174-33 di-4381-174-33 01-4331-129-31 01-4331-249-42 01-4331-249-42 ••♦-CKS 7 ii 1989 CITY OF ORONO _CHECK_NCL_ DATE_ _ CHECK REGISTER ■ .AMOUNT_ _ _ _ _ _ 4.094.30 * vendor ITEM DESCRIPTION, ! - ,.9B66E1. \ 088681 086681 :_ _0866E1. 086681 086681 :_ _08A62J. 086681 086681 !_ _086681. __03<'2S^eS.. 03/88/69 03/88/89 _ _Q3/88/89_ 03/82/89 03/88/89 _^03/8£/8.9„ 03/88/89 03/88/89 - .03/S8/a9_. 03/82/89 „03/82Zaa_ 03/88/89 03/88/89 93/88/8.9_ _I6S^00. 497.00 306.00 _ _LTS^10_. 890.10 I.038.80 _ _3P6^j50_ 764.00 138.00 201.00. 4.483 40 • 8.70 —ft. 10_ _ 8.70 8 70 6.70 43.50 • . .pmisici_ans_he_alth. PHYSICIANS HEALTH PHYSICIANS HEALTH - PHYS ICIANSL.HEALTH. PHYSICIANS HEALTH PHYSICIANS HEALTH _PHYSICIANS, HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH 03-87-89 PACE 6 ACCOUNT NO INV. 8 P O t MESS_ACE_ _ _ HOSP INS APRIL _ HISP INS APRIL HOSP INS APRIL HOSP..INS. APRIL_ _ _ HOSP INS APRIL HOSP INS APRIL HOSP. INS. APRIL_ _ HOSP INS APRIL HOSP INS APRIL HOSP INS.APRIL_ _ J01-3878-000 - Oj^ 01-4131 01-4151' JLLr.4L5jj 01-4151 01-4151 01-41S 1 -039-18 -069-15 -181-31 186-31 •189-31 ■174-33 01-4151 78-4151 249-48 ■549-91 ■569^198 PITNEY BOUES ..ElTNET. BOWES. PITNEY BOUES PITNEY BOUES .PIT.NSY BOUES_ POSTAGE ,PO_STACE__ POSTAGE POSTAGE POSTAGE 01-4381-039-18 01-4381-069-15 01-4381-174-33 01-4381-849-48 73-4381-569-98 •»*-CKS • •■•-CKS 066638 03/82/89 160 00 1.6 0_ 00 PRAIRIE OFFSET INSPECTION NOTICES 01-4810-174-33 066643 066643 _M>6ft-4J_ 066643 066643 03/88/69 03/88/89 _!>3/22/81. 03/88/89 03/88/89 80 41 1 1 40 .48. 87_ _ 8 70 6.00 82.76_.*. PRUDENTIAL PRUDENTIAL PRUDENT I Al^ PRUDENTIAL PRUDENTIAL 086675 03/88/89 L,197.93 8,197.93 • ROLLINS OIL CO LIFE INS MARCH LIFE INS MARCH LIFE INS MARCH LIFE INS MARCH LIFE INS MARCH GASOLINE 01-4158-069-15 01-4158-186-31 0Ij-415B-X89-31_ 01-4158-174-33 01-4158-849-48 -1-1860-000-00 325_.00.__ 385 00 « PJFFRip_G.E_-JOHNSON SUEEPER BR1STLES _ _ _OJ -4S32-849-4S ••*-CKS ••♦-CKS ••♦-CKS ..•.PP4LP.4. 086740 03/82/69 46 00 J96-0.<LA— STREICHERS ALCO -«ENSOR SUPPLIES 01-4232-1£9-31 o •■••-CK3 1 1989 CITY OF ORONO _ _ _CH6CK- «L_DAIE_ _ CHECK REGISTER 03-27-89 PACE 7 ^VENDOR __ __ _ _ _ _ _ _ITEM DESCRIPTION_ _ _ _ _ACCOUNT NO INV » P 0. # MESSAGE.AMOUNT. Si 0AA778 07yPR/A9 14.85 TOLL CO SPECIAL GLOVES 01-4221-185-35 _ _ .4 4 1 086779 03/22/89 14.85 * 435.62 TRACY OIL CO HEATING FUEL OIL 74-4324-590-93 1 » j T ;435.62 •1 • i ••««««CKS_ II ho. I”1a 086796 086796 03/22/89 03/22/89 74.95 182.45 UNIFORMS UNLIMITED UNIFORMS unlimited CLOTHING JOHNSON CLOTHING KILBO 01-4221-126-31 01-4221-129-31 • a 13 3 il4 '257.40 •1/ ' j • •••-CKS ■rl 086815 086815 03/22/89 03/22/89 40 92 19.50 US WEST COMMUN US WEST COMMUN TELEPHONE MAR TELEPHONE MAR 01-4320-129-31 01-4320-249-42 i 'm 086815 086815 086815 03/22/89 03/22/89 03/22/89 20.72 20.74 16.57 US WEST COMMUN US WEST COMMUN _ _ _U8_WESX COMMUN_ _ _ _ _ DATA PROC-Ma'r TELEPHONE MAR DAT_A PR0C-MAR __ _ _ _ 01-4355-069-15 72-4320-549-91 72-4355-549-91 _ _ _ i' iiT" S4* 086815 086^115 03/22/89 03/22/89 31 13 24 86 174.44 * US WEST COMMUN US WEST COMMUN ■TELEPHONE mar’ DATA PROC-MAR 73-4320-569-92 73-4355-569-92 : ia T CKS ^*.‘3 J 1 086817 03/22/89 98.66 98.66 • VESSCO INC L 3 PROBES 73-4344-569-92 -• l-i 086819 03/PP>'A9 229.26 UIKJNG INDUSt center L8 SAFETY RAIL EXT • »-*-CKS 73-4344-569-92 -a ii •1 mmmmmm 229.26 • •••-CKS 7- J‘ Al 086830 03/22/89 475.00 475.00 • VOLKENANT 6 SONS INC MNT NAVRRE SIDEWALKS 01-4233-249-42 :•.* t|••♦-CKS :4 086835 03/23/89 453.60 453.60 • WARNING LITES OF MN 086844,03/22/89 530 00 530 00 • _ 1 086901 03/22/89 086902 03/22/89 4 50 __ _A,SO •_ _ 32.50 UA^ATA BAY^AR WASH WAYNE E CARRIER CLASSLINE INC 200 CAR WASH TICKETS KENNEL Lie RFO MORAN POCKET BADGE 01-4341-129-31 r-CKS ♦•♦-CKS 01-3118-000-00 01-4221-129-31 } 1989 CITY OF ORONO I <_ _^CHECK_KO._ilAIE._ _ _ _ CHECK REGISTER .AMOUNT,.VENDOR. 03-27-89 PAGE 8 JTEM..DESCRIPTl^N_ _ _ _ _ _ACCOUNT NO INV # P .O 9 _MESS;AGE_ _ J * ‘ < s 32 50 • 1- 11 B • • 066903 03/22/89 60.90 60.90 * ELECTRIC SERVICE CO SERVICE CALL SIREN 01-4342-175-34 t -'I'086904 03/22/89 58.82 56.82 MARLIN E HEPOLA 8EUER OVRPAY RFD 73-1191-000-00 086905 03/22/89 600.00 600.00 >» GENE KEMP 6 ASSOC CONSULTING 01-4306-129-31 086906 03/22/69 5.00 5.00 • MUNICI-PALS ASSOC HALLIN MEMBERSHIP 01-4380-039-12 !I!f 066907 03/22/89 2 00 2 00 * JULIA K WHITNEY KENNEL Lie RFD 01-3118-000-00 ~***-CKS 16^ IS!J)889fiCL .03/22.^89. •as 114' 086920 086920 03/22/89 03/22/89 __49.0a__ 49 00- 49 00 49.0 0 » _ST_TREAS-SUF?LUS. PD ST TREAS-SURPLUS Fr ST TREAS-SU»'OLl USED. FILE CABINET USED FILE CABINET USED FILE CABINET 01-4232-1 74-34 01-4232-174-34 01-4232-175-34 086921 03/22/89 100.50 J.00..5CL* BARCO BEARING CO MOWER PARTS 01-4232-249-48 •••-CKS 086930 03/22/89 100 00 100.00 PUBLIC SAFETY EQUIP CALIBRATE RADARS 01-4342-129^ 'SB 'sr r-cKs 35,127.21 S,001.26 652 09 11,934.80 SSO■62 FUND 01 TOTAL J^UNP_14_T0TAj^ _ _ _ FOND 72 TOTAL FUND 73 total . PUND_7A total GENERAL FUN IMPROVE 6 Ev JUTLAY F WATER OFERAT*NC FUND SEWER OPERATING FUND GOLF COURSE. PFCRA.T INC _F_D 14I 4* 53,565 38 TOTAL 4> •44, q M Mi. COUNCIL MEETING JIAR 27 1980 CITY OF ORONO \ . ^ ^ "A - X X X y} w*w £X a— Family Violence Hannens. Intervention Works.(.ill Wr*"^nkri Ini i 472-2141 mm No one has the right to: ... iniiniiduU' you .., s(X'kKl(' vou from frk'nds or other fumily memlx'rs ... berate you .. I’H\'SIC/\L1,Y cilxtse you (indudinjr pushing. sla[)ping. hitting and grabbing) ... emotionally abuse \’ou (inriudir ig insults and [)utdowns). Westonka Intervention (W.i.) is a (ommunii\ lrased proj(‘<l oflering tree. (onlidential hel[) to \'i( tims ()1 tamiK \ iolene<‘. W'.l. provide.s: . 24 on < all <ui\()( .ites . . .sup()ort through legal and so('i<tl .s'rvkc .svsK'ms ,.. hel[) with transportation, .sale housing and medical lux'ds. Call Weslonka Intervention for tee confidential help! Volunteer Opportunities VVe.stonk<i Init'rveniion v\ ill [)ro\ id(‘ training and the chatx e to help make a better < ommunit\'. Community Education .S[)(“akers are a\'all<ible to [)ro\ide inlormation to \our organization (oiKcrning kimily x ioleiuc and We.sionk.i lnter\'eniion .Ser\ k <‘.s. CALL 472-2141 (L\LL 472-2141 association ofmerropolltan municipalities Alert March 16, 1989 Alert Number 2 TO: AMM Legislative Contacts FROM: Vern Peterson, Executive Director Roger Peterson, Director of Legislative Affairs Melanie Ault, Legislative Coordinator LMC/AMM LEGISLATIVE CONFERENCE Mark your calendar for WEDNESDAY, MARCH 29, 1989 with "LMC/AMM Legislative Conference. The Conference will be held all day long at the St. Paul Radisson, 11 East Kellogg Boulevard. You may have already received a Conference Schedule from the League. Panel sessions will be held on some important AMM topics, such as Property Tax Reform, Comparable Worth and Tax Increment Finance. Expect to see some AMM Contacts on these panels. Call your legislators, today! Tell them you will be attending the Conference on the 29th, and that you would like to make an appointment to meet with them between 3^30 and 5:30 that day. (The Conference has reserved this time for you to meet with your legislators.) At 5:30, there is a reception back at the Radisson, and all legislators have been invited. Come and enjoy the fine food and drinks, and the chance to talk with your legislator'^ in a relaxed atmosphere. If you or someone from your city will be at l.*. reception let your legislators know and encourage them to drop in and have a drink or bite co eat with you in the relaxed atmosphere. Enclosed is a registration form. Please fill it out and return it to tne League. We will be looking for you! (OR, Your legislators will be looking for you! ) 183 university avenuo east st pauT^innesota 55101 (312) 227-<C08 RTB REORGANIZATION? The Governor has recommended repeal of the RTB and transfer of its duties. Several key legislators are pursuing that idea. The AMM has been asked to comment. The following is a preliminary AMM Transportation Committee report that will be forwarded to the AMM Board for action at its April 6 meeting. Call us if you think the draft should be changed. METROPOLITAN TRANSPORTATION (Policy draft) Concerns have been raised recently by the Administration through the Governors budget and by some legislators that there needs to be changes in planning and implementation to optimize Metropolitan Transportation decisions. It is perceived that the current structure for transit and highway planning and implementation lacks coordination and involves too many agencies; MNDOTi Metropolitan Council, RTB, MTC, other providers and various County Ra.l authorities. The duties and authority of each of these as they relate to each other and specific projects often tends to be blurred, overlapping, or lacking. The AMM has recognized through policy that there should be some additional coordination between MNDOT Highway implementation planning and RTB transit planning to achieve coordinated Transportation implementation and that overall approval authority for individual LRT proposals should reside at the Metropolitan level. There is also a significant lack of local elected officials involvement in the Metropolitan Transportation Planning and Implementation process. To resolve this fragmentation and lack of coordination the AMM is recommending the formation of a Metropolitan Transportation Board (MTB), which organizationally would replace the RTB and have coordinating as well as approval authority over Metropolitan highway projects, LRT projects, and other transit provisions. The Metropolitan Council would retain long range planning and develop, as it does now, the various framework development quides that indicate the general growth needs in the four basic areas of sewers, transportation, parks, and airports. The new MTB would develop in coordination with MNDOT, County Rail authorities, and transit providers, an implementation plan to meet the transportation needs as defined by the Metropolitan Council. The MTB, in order to be representative and maintain credibility, should have a large directorate board comprised of at least 50% locally elected officials. An excellent model is the Transportation Advisory Board (TAB) to the Metropolitan Council. The TAB is made up of 10 city elected officials, 7 county elected officials, 8 citizens at large, 5 state or region agency chairs, and a chairperson. It has a Technical Advisory Committee which has engineers, planners, and other non elected technicians to screen projects and provide advice on technical merits. TAB has been very effective in garnering inter agency cooperation in making decisions on projects for Federal Aid Urban and other funds. -2- The MTB could in fact be a legislatively enhanced TAB, keeping primarily the same Board with possible exception of the 8 citizens at large* These persons could be an advisory type body to the primary board. In ordeP for the MTB to function authoritatively; it must have a large board with a large constituency such as TAB; it must be given coordinating and approval authority; and it must be given the appropriate staff. The AMM currently has nominating authority for the city elected officials on TAB and suggests this same authority for an MTB since the AMM does represent approximately 90% of the metro population and nearly 100% of the Transit District population. The MTB as a minimum should have as Board members the Commissioner of Transportation, Commissioner of Finance and the Metropolitan Council Chair and optionally the chair of MAC and MPCA. The chair should be part time and appointed by the Metro Council. Members other than specific agency heads suould be appointed by the Metro Council from nominations by tne AMM, and counties. .• The AMM makes an expanded TAB suggestion cautiously. Although, it is believed the right elements exist for a successful MTB in TAB, the AMM does not want to lose the excellent comprehensive and cooperative process for problem solving established by TAB and TAC. If expanding TAB to MTB would deteriorate the effectiveness of the current TAB process or reduce the local elected officials involvement, then the AMM strongly recommends a new additional structure/organization as the MTB rather than an extension of TAB authority. THE AMM RECOMMENDS A MEW ORGANIZATION ENTITLED METROPOLITAN TRANSPORTATION BOARD (MTB) TO PROVIDE AN ENHANCED PLANNING AND IMPLEMENTATION PROCESS FOR COORDINATED METROPOLITAN TRANSPORTATION. THE NEW MTB WOULD ASSUME ALL DUTIES AND STArF OF THE RTB AND HAVE COORDINATION AND APPROVAL AUTHORITY FOR MET.10P0LITAN »nir TRANSIT PROGRAMS INCLUDING LRT. ITS BOARD SHOULD AT LEAST CONSIST OF 8 TO 10 CITY ELECTED OFFICIALS NOMINATED BY THE AMM, SEVERAL COUNT/ ELECTED OFFICIALS, THE COMMISSIONERS OF TRANSPORTATION AND *^LNANCE, AND THE METRO COUNCIL CHAIR. THE METROPOLITAN COUNCIL SHOULD APPOINT THE MTB CHAIR AND THE ORGANIZATIONALLY NOMINATED LOCAL ELECTED OFFICIALS. IT SHOULD MAINTAIN ITS ROLL AS LONG RANGE PLANNER FOR THE FOUR AREAS OF SEWERS, TRANSPORTATION, PARKS AND AIRPORTS. THE M^ SHOULD BECOME THE AGENCY FOR OVERALL TRANSFORATION IMPLEMENTATION PLANNING AND COORDINATION. FINALLY, THE AMM WOULD SUPPORT THE TAB BECOMING THE MTB, BUT ONLY IF THE CURRENT TAB COMPREHENSIVE AND COORDINATED PROCESS AND SUCCESSFUL OPERATION IS NOT COMPROMISED OR LOCAL ELECTED OFFICIAL PARTICIPATION REDUCED. PROPERTY TAX REFORM For your information, the AMM is having a bill drafted to preserve a homestead relief program and provide accurate state paid data on the property tax statement. The bill will contain the following features. -3- 1. CONVERTING THE 1989 HOMESTEAD CREDIT INTO A 1990 AND FUTURE YEAR'S HOMESTEAD RELIEF PROGRAM Continue the tax capacity for the first $68,000 of homestead market value at 2.17% 2. Calculate the lesser of $750 times the number of homesteads within each unique taxing district or 52% of the 1989 tax burden on the first $63,000 of homestead market value of each homestead in the district up to a maximum of $750 per household. (A unique taxing district is a taxing district in which the levy of each unit of local government is consistent through the district. Thus, a city divided by two school districts would consist of two taxing districts.) 3. Calculate the average 1989 amount per homestead per taxing district as determined in (2) above. 4. Determine the number of new homesteads or the reduction in the number of homesteads in the district which occurred during 1989 (or the previous year for calculating the relief for 1991 and future years). 5. For payable 1990, and future years, the homestead relief amount calculated in (2) paid to each taxing district shall be increased by the increased amount of homesteads determined in (4) times the average 1989 amount per homestead per taxing district calculated in (3). 6. The County Auditor shall annually apportion the amount of homestead relief among the homesteads in the taxing district proportional to the amount of market value of each homestead under $68,000. 7. The property tax statement should reflect as state paid homestead relief only the amount apportioned to each homestead in (6) above. -4- LMC 1989 Legislative Conference Wednesday, March 29. 1989 Radisson St. Paul Hotel 11 East Kellogg Blvd. Sc. Paul, Minnesota 55101 Registration --------------- V,. City Name Name Name .(Please print or type) _ Title __________ _ Title __________ _ Title Registration fee; S55.00 advance, $65.00 on-site. Advracc ReglstratloD Deadline - Wednesday, March 22, 1989. Check enclosed in the amount of S_________________ Fee includes conference registration, luncheon, and evening tcccption with legislators invited. Mail to League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. i ^ Radisson* Hotel St Raulm II Em^ W n- rMi. MH (*i2t m.iM ORGANIZATION Laaaue of MInneiota Cities FUNCTION taao Laolalailv Conference ALL ttfOUlSTS •ON TNI ASOVt OAOUA MUST Sf MCUVIQ Sr March 14. tOafl OONT FORGET— iMAKf CHECK on MONEY OAOER PAYABCE TO RADISSON HOTEL ST PAUL DO NOT SEND CURRENCY. OATES March 28.29. 1980________ Piaasa rttarva accommooaiiont lor MAMt COMRANV Print or Typo CASTaoMKaa nasT CITV STATE TIP CODE SManiNa room mtitm NO OE PERSONS Signature PMI^MS MiiMars I MCieTw Oav Tt*n OAT CHECK OUT TIME 12:00 PM AMbwAk OA'I OiPAIITuaf OAII ACCOMMODATIONS WILL NOT BE CONFIRMED WITHOUT A CHECK FOR THE 1st NIGHT'S DEPOSIT OR USE YOUR AMEX OR DINERS CLUB CREDIT CARD t TO GUARANTEE YOUR RESERVATION. YOU WILL BE CHARGED FOR THE 1st NIGHT IF RESERVATIONS ARE NOT CANCELED 4 • HOURS PRIOR TO ARRIVAL CREDIT CARD I □ AMEX □ DINERS CLUB □ VISA □ MASTERCARD EXPIRATION DATEimAtt CMfCR ONf I PLEASE CHECK PREFERRED ACCOMMODATIONS SPECIAL REDUCED RATES FOR MEMBERS ONLY .$5B.OO SINGLE ________$60.00 DOUBLE (2 People) IF RATE REQUESTED IS NOT AVAILABLE. NEAREST AVAILABLE RATE WILL BE ASSIGNED THERE IS AN ADDITIONAL fl2 00 CHARGE FOR The Thi RD OR FOURTH OCCUPANT IN EACH ROOM RATES ARE SUBJECT TO APPUCABLC TAXES NO charge for children under If OCCUPYING the same room as PARENTS iroaii 26 Minneaou Cltiea as^ciatlon ofmerropolitanmunicipalities B U L Lfe m March 21, 1989 TO; AMM Member Cities FROM; Vern Peterson, Executive Director RE; NOMINATING COMMITTEE - ANNUAL MEETING 1. AMM ANNUAL MEETING - - WEDNESDAY, MAY 31i 1989. The 1989 AMM Annual Meeting has been scheduled for Wednesday evening May 31, 1989. The specific details have not been developed as yet but we will follow the usual format with a 'reception - social hour' starting about 5:30 P.M. with a dinner and business meeting to follow. We will be commerating our 15 year Anniversary as the AMM and look for it to be an interesting time. Please mark your calendars now for this 15- Year AMM Anniversary Annual meeting. A detailed meeting notice will be mailed in early May. 2. NOMINATING COMMITTEE APPOINTED/NOMINATIONS SOUGHT; An eight member Nominating Committee was appointed by the Board of Directors on March 2nd. as required by the By-Laws. Members are: Neil Peterson, Chair, Bloomington Councilraember; Linda Barton, Burnsville Manager, Jerry Dulgar, Crystal Manager, Barry Johnson, Woodbury Manager; Carol Johnson, Minneapolis Councilraember; Betty McCollum, North St. Paul CounciImeraber; Carolyn Voss, Coon Rapids Councilmember; and Gene White, Prior Lake Councilmember. The offices of President, Vice- are up for election. We are as forth strong candidates for the If you know of an official who for nomination, please forward resume of qualifications to the the Nominating Committee by no item 3 for description of Board President and eight directors .ing for your help in putting Director and Officer positions, you would like to see considered his or her name and a brief AMM office or to a member of later than April 7, 1989* (see of Directors responsibilities. 183 university avenue east. st. paut.lrrinnesota 55101 (612) 227-4008 3. BOARD DIRECTORS’S RESPONSIBILITIES/MEETINGS: The Board of Directors is responsible for the overall management and administration of the AMM staff and activities and exercises its responsibilities through the Executive Director. The Board is also responsible for the Annual Budget and WorK Program and establishes the dues rate for member cities. The Board also establishes the Legislative Policy priorities on an annual basis. The Board normally meets once a month on the 1st. Thursday evening of each month commencing at 7:00 P.M. Please contact Vern Peterson in the AMK Office should you desire more information with respect to Board activities and responsibilities. PROPERTY TAX IMPACT ARTICLE: For the past several months Jim Prosser, Richfield City Manager and Larry Bakken, Golden Valley Councilmember have been co-chairing an Ad-Hoc Committee to develop an understandable and brief explanation of the 1987 and 1988 school aid and tax bills impact on 1989 property taxes. The result of this effort is a question and answer type article with graphs that the AMM is developing into a brochure to be sent to member cities. The Ad Hoc Committee is encouraging cities to reprint this article in local newsletters in hopes that homeowners will contact legislators. Therefore, along with the brochure we will provide « one page layout formated so that it may be directly copied for newsletters. This material will be sent to each city in the next 2 to 3 weeks. DISTRIBUTION NOTE: This Bulletin has been mailed to all member Mayors, Delegates, Managers and Administrators. We would ask the Managers and Administrators to distribute copies to other city officials in your city as you deem appropriate. Thank you. -2- 1 CITY QF aRONQ CITY of ORONO Post Office Box 66•Crystal Bay. Minnesota 55323• Municipal Offices On the North Shore of Lake Minnetonka March 23, 1989 Mr. Steve Keefe Chair Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 Subject: Metropolitan Waste Control Commission Appointment - Endorsement of JoEllen Hurr Dear Mr. Keefe, For a number of years JoEllen Hurr has very ably served as a representative from this area on the Metropolitan Waste Control Commission. Her interest and dedication In waste control issues is not only through sewer treatment but also in the area of solid waste. Her expertise in these areas has been aided by the extensive background chat she gained not only as a CounciIraember for the City of Orono, but also as representative to and currently Chair of the Lake Minnetonka Conservation District, together with her past employment with the City of Medina in the Zoning Administration area and the City of Minnejronka Beach. The expertise she has gained in all these areas haye.^been of benefit both to MWCC and to the communities that she re^esents. Her determination, dedication to the job and experience with a number of issues that have been problematic for the Metropolitan Waste Control Commission over the past four or five ye rs puts her in good standing to continue in this position. Sh. possess's the needed experience and we feel, will continue to be an excellent representative, not only from this area, but as a well respected member of the Metropolitan Was*- . Control Commission for the entire Metropolitan Area. Your assistance appreciated. in her re-appointment would be greatly On behalf of the Orono City Council. City Administrator cc; JoEllen Hurr Mayor and City Council BUILDING A ZONING - 471-7357 ASSESSING ADMINISTRATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359 CITY OF QRQNO CITYof ORONO Post Office Box 66 •Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka March 23, 1989 Mr, Dirk deVries, District 13 Metropolitan Council 18600 Woolman Drive Minnetonka, MN 55345 Subject; Metropolitan Waste Control Coramisb» Endorsement of JoEllen Hutr . .ntment - Dear Mr. deVries, For a number of years JoEllen Hurr has very ably served as a representative from this area on the Metropolitan Waste Control Commission. Her interest and dedication in waste control issues is not only through sewer treatment but also in the area of solid waste. Her expertise in these areas has been aided by the extensive background that she gained not only as a CounciImember for the City of Orono, but also as representative to and currently Chair of the Lake Minnetonka Conservation District, together with her past employment with the City of Medina in the Zoning Administration area and the City of Minnetonka Beach, The expertise she has gained in all these areas have been of benefit both to MWCC and to the communities that she represents. Her determination, dedication to the job and experience with a number of issues that have been problematic for the Metropolitan Waste Control Commission over the past four or five years puts her in good standing to continue in this position. She possess's the needed experience and we feel, will continue to be an excellent representative, not only from this area, but as a well respected member of the Metropolitan Waste Control Commission for the entire Metropolitan Area. Your assistance appreciated.her re-appointme“>t would be greatly On behalf of the Orono City Council. Sincerely, rv Matik E. Bej^ohArdson City Aaministrator JoEllen Hurr Mayor and City Council • ADMINISTRATION A FIN a NCE - 473-7358BUILDING A ZONING - 473-7357 ASSESSING PUBLIC WORKS - 473-7359 ' 0 LAKE MINNETONKA CONSERVATION DISTRICT CONTINUATION OF THE MEETING OF 2/22/89 LMCD HEADQUARTERS, WAYZATA February 25, 1989 A special meeting for the continuation of the Lake Minnetonka Conservation District Board meeting of February 22, 1989, was called to order by Chair JoEllen Hurr at 7i35 a.m., Saturday, February 25, 1989, LMCD headquarters, Wayzata. Present. Chair JoEllen Hurr, Orono; Vice Chair Tom Reese, Mound; Secretary Jan Boswlnkel, Minnetonka Beach; Marv Bjorlin, Tonka Bay; Bert Foster, Deephaver! ^im Grathwol, Excelsior; Bob Rascop, Stiorewood; Dob Slocum, Woodland; Attorney Ui.arles Le Fevere; Executive Director Gene Strommen. Absent. Treasurer Mark Westlund, Wayzata; David Cochran, Greenwood; Bob Plllsbury, Minnetonka; John Lewman, Minnetrista; Ron Kraemer, Spring Park; John Mallnka, Victoria. Concerns expressed at the public hearing of January 25, 1989, summary of which was provided to Board members, followed by discussions ac the February 20, 1989 regular Lake Use Committee meeting, and subsequent Board meeting of February 22, 1989, were reviewed. LOW WATER CONCERNS. Chair Hurr and Director Foster met with marina representatives for 90 minutes Friday afternoon, February 24, to receive their input on low water concerns. Temporary dock extensions are not pracLical i some locations due to large areas of open water and periodic high wind-and-wave action. Other locations are hemmed in by channels and other traffic nearby. Ultimately cost of temporary extensions are weighed against rettirn on such investments by the applicant. Foster circulated a revised copy of his proposed Temporary Low Water Rules initially provided the Lake Use Committee (hand written copy). Three significant groups were identified in the General Philosophy of Foster's outline, namely, members of the public who need or want boating access to tlie Lake: 1. Those who bring their boats to the Lake and put them in. 2. Those who own lakeshore property and keep their boats there. 3. Those who rent docks or buoys at multiple docks/marinas. If LMCD does not change the dock and buoy rules significantly during low water, the hardship will be borne almost entirely by groups 2 and 3 Foster added in his outline. Therefore, groups 2 and 3 must be allowed to move out into deeper water in order to have access to the Lake even though this will take away water surface that otherwise all boaters could use. This transfers some of the hardship on group One who otherwise would have little other than that all other boaters have, such as less Lake surface, less navigable water, more weeds, restricted channels. (continued) LHCD Board Minutes February 25| 1989 A further ;;nlfleant Item of the General Philosophy states that "After the water con: up to 928.0', all temporary encroachments onto the 'public area of the lake must be withdrawn either Immediately or for the next season If that season Is to be above 928.0'." The General Philosophy further adds that LMCD must settle on a time (preferably by January 15), when it declares "low water rules In effect for the coming ■eaaon." A 90 day lead time Is necessary for everyone to plan for the new season which starts about May 1. With the above General Philosophy recognized as having validity to this review, the following suggestions and observations were offered to accommodate itt 1.Sosw SMirinas do not see dredging as an option. In part due to cost, nearness to channels, underwater cables, and other obstructions. 2.Dry 8tacklng*‘-movlng watercraft with a forklift to/from Indour sheds--wlll issist some marinas. 3.Dry storage^keeplng watercraft on land on trailers, would help other marinaa. Two and three, above, will likely require municipal approval This may also Impact parking. 4.The concept of navigable water depth**3' vs 4'**to accommodate larger draft boats, must be reconsidered. 5.Temporary extensions for multiple dock licensees in quiet bays may be eligible for greater allowances if needed than those In active bays or near channels. 6.A mandatory requirement for removal of anchors upon return of buoys from temporary locations was proposed. An anchor Inspection by the Water Patrol before being placed In the water was further proposed. A fee might be appropriate to help defray Inspection costs. 7.Size of buoys was discussed, the 15" spherical buoy suggested as not adequately visible. A taller cylindrical buoy was offered as an alternate Reese will get further Information as to s|.eclfIcatlons and cost. 8. Requiring core samples for dredging below 924.0’ was viewed by MCWD as not reliable and cost-prohlbltlve at $100-$125 per core sample. The necessity to do so for purposes of protecting the Lake bottom was also questioned. 9.It appears the MN DNR recognizes persons trallerlng a boat to a lake and using public access ramps as "more public" than the non-rlparian person who rents a docK space at a marina/multiple dock location. Some LMCD ^directors see both groups as "equally public" and due similar allowances * for their use of the Lake, Including provisions for temporary dock/buoy extensions which allow them reasonable Lake access and use. 10.Temporary trading of slip space and credits for shoreline b dockr at different locations under the same ownership was p r multiple No new permanent dock extensions was the Board's consensus. LMCD Board Hlnutes February 25, 1989 12. Attorney leFevere verified that on Lak'P me' thp state owns the land ”Jn fee” belov the 929.4' shoreH:.-' i.t subject to certain regulations. Water must be kept av.^> for uninterrupted use subject to regulation. Everyone has equal access to the water surface. 13. LMCD Variance Section 1.07 allows the guiding philosophy 'io the extent to which the public interest is served,” LeFevere further added. 14. Every effort must be oiade to assure temporary alLy^ances are returned to original confIguratlons. Considering the points raised above, the follow! nr, conclusions were reached for the Board's review In allowing "special lo'» >^iter permits” which would take into account allowances tor one or more ot .he following : must be negotiated with cities1. Temporary dry storage on land ) 2. Temporary dry stacking In buildings) 3. Temporary dock extensions 4. Temporary buoys 5. Temporary trading among/between multiple doc.s where ow;u?r la the same. 6. Dredging The ■ iru concurred that all multiple dock owners be s. nt a j cjficjtlon informing them of their opportunity to apply for a Tempoiary Lov .‘itor Variance Incorporating one or more of the above six provisions, to be accompaulc ! by a copy of their current dock plan with a scaled drawing c.“ their extensi’ < plan, the above .emporary allowances to be permitted upon case-by-base B'rrd review and approval on a continuing basis while water level remains below 928.0*. A special Board meeting will be held at 7;30 a.m., Saturday, March 11, 1909 at the Tonka Bay City Hall, to consider the requests submitted for that meeting review. Chair Hurr requested all applications be received no later than Wednv.s'' March 8, to allow advance review before March 11. Applications received afte~ March 8 will be reviewed at subsequenL Board meetings s-artl^^' with the next regular meeting of March 29 LeFevere was directed by the Board to dr. . Tc'-’pcrary ’ v- Water Variance amendment to the Code based upon the precedung considerat■one. EURASIAN WATER MILFOlm (tWM) CONTRACT REW..W. P-ese reported on the contract Uraft submitted by LeFevere which Is beli-v* ^. .'’alli. d for use in bids on the weed harvesting project. The advertisement for bl approved by the Board February 22, 1989, Is belrg publicly advertised ' time. Authoriz it needed for completion of the contrac*: revisions fc prospective bidders. GratnwoL moved, Hurr seconded that Weeds in Lake Minnetonka - 1989, b aa approved tv Chair Hurr and Vl^* Rascop left the meeting at * Contract DocumeiiCb i Cutting of Aquatic vfi-i rub *'o n^j^essary final amendments . . )tlon carried unanimously. (cor.t Inued) LHCD Board Minutes February 25» 1989 IBCOtDtHG SBCRBTAtT ^^ORTKACT SERVICES. Recognizing the need for a recording secretary for the Saturday* March 11 Board meeting* the Executive Director to be . «ent while on vacation, Hurr SK>ved, Foster seconded that Chair Hurr be authorized to negotiate a contract for service with Juliene Weidner to serve as recording secretary. Mrs. Weidner submitted her application In resonse to an advertisement, having served as city clerk/secretary for Deephaven for a number of years. The motion carried unanismusly. ADJOURIiMEIIT. There being no further business, the meeting was adjourned at 9i33 a.m. Submitted *'v: Jan Boswinkel, Secretary Approved byi JoEllen L. Hurr, Chair LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL February 22, 1989 The regular Meting of the Lake Minnetonka Conservation District was called to order by Chair JoEllen Hurr at 7:45 p.n., Wednesday, February 22, 1989, Tonka Bay Village Hall. ProMBt. Chair JoEllen Hurr, Orono; Vice Chair Ton Reese, Mound; Secretary Jan Bosvinkel, Minnetonka Beach; Bert Foster. Deephaven, Jim Grathwol, Excelsior; David Cochran, Greenwood; Bob Pillsbury, Minnetonka; John Lewman, Minnetrista; Marv Bjorlin, Tonka Bay; John Malinka, Victoria; Attorney Charles LeFevere; Execu tive Director Gene Strosnen. Abaaat. Ron Kraemer, Spring Park; Mark Westiund, Wayzata. APPROVAL OF NimiTBS. Upon waiving the reading of the minutes, Grathwol moved, Reese seconded that the minutes of January 25, 1989 be approved as stalled. The motion carried unanimously. PUBLIC CQIMEBTS. Duane Markus, Wayzata. requested consideration of the Chair to be called upon at the time the Wayzata Yacht Club discussion on deicing would be presented to the Board. Chair Hurr agreed that Mr. Markus would be invited to speak at that tlM. COMfinilCATlONS. There were no formal communications to present at this time. RBPOITSt A. CHAIR HUU IBPORT 1. A. 2. Hater Structures CoMlttee recommendation for consultant aaslstancu on dredging permit application reviews. The cossslttee recosssendation of 2/11/89 for Directors Foster and Rascop to serve as a subcommittee to meet with Consultant Frank Mlxa to review and make recommendations on dredging permit applications as submitted by the MN DNR to LMCD was brought to the Board for Its formal review and approval as a prerogative of the Chair. A concern was expressed as it relates to a possible ex» nslon of the consulting contract with Frank Mlxa In this area of responsibility. It was the Board's expectation that such an assignment by the Executive Director would be within the language of the contract and such a subcommittee working with Mlxa would be an appropr .ate use of his time otherwise dedicated to the Management Plan Study by Arndcrfer Associates, Inc. The purpose of this subcosmilttee and utilization of Consuli-ant Mlxa was to provide assistance to the Executive Director In an area of responsibility which la expected to g’^ow considerably In the sionths ahead as low water dredging needs become more apparent. The Board concurred that the subcommittee of Foster and Rascop should proceed with Consultant Mixa's assistance. Continuation of the 2/22/89 Board Meeting to 2/25/89. Chair Hurr requested the Board's endorsement to continue this meeting to 2/25/89 for the purpose of considering low water concerns for multiple doc» icensees. Hurr recog LHCD Bo«rd Minutes February 22. 1989 nlzea that multiple dock licensees, particularly marina operators, have a vital need for early Board response to their low water problems. The necessity for 60 to 90 day lead time to Implesient changes In order to be ready for the start of the boating season Is upon many multiple licensees at this time, Hurr noted. Grathwol suggested that isarlna operators be included In the extended meeting. Hurr responded that It was her Intention to Invite all marina operators to attend a special meeting the day prior. 2/24/89, to provide their detailed Input. Foster volunteered to assist In that review with surlna operators. Reese added that he believes all affected Lake users must be considered In such low water policy review. Foster moved, Grathwol seconded that the present Board meeting be extended to 2/25/89 for purposes of continuing the discussion and response to the low water policy and problem review. The motion carried unanimously. B. TUASUUR'S UPORT 1. Piiiaacial Conditioii of 1/31/89 and Audit of Vouchers for PajBent. On behalf of Treasurer Westlund, the Executive Director reviewed the monthly Financial Report as of 1/31/89. Operations Incoise was up, representing city paysients towards their annual levy. Save the Lake Income during January was Just getting under way in response to the public appeals being run In the news papers. There were no questions concerning the revenues for January. The accompany list of vouchers to be paid totalling $20,353.09 was presented for Board review and approval. Rascop moved, Bjorlln seconded that the Treasurer's report and payment of vouchers be approved as presented. The motion carried unanimously. C. SPECIAL COMllTTBSS 1. Buraslaii Hater Milfoil Task Force. C. a) Progress on menagement plan and rccoMendationa. Chair Tom Reese sunsarlsed the repoxt presented In the Water Structures and Environ ment Committee minutes of 2/11/89. Response from the mailing for private funding Is still coming In strong, the total to date being $97,715.00. It was further noted that state funding appeals have been sent to Assistant Majority Leader Senator William Luther, as well as our area Senator Gen Olson. A further appeal to the Minnesota Future Resources Cossslsslon In care of Senator Clarence Purfeerst was sMde earlier In the month. Regular communication Is also being maintained with Hennepin County Commissioner Tad Jude to monitor the timing and support level from Hennepin County Board of Commissioners. b) Preparations for taking public bids on weed harvesting service. Reese continued to report that an advertisement for bids has been prepared for publication as drafted by Attorney LeFevere. Bid specifications and bid form are also being prepared for the option of bidding the weed harvesting program as a complete contract service In lieu of purchslng the weed harvesting equipment. LeFevere pointed out that there will be a need to Include a minimum dollar araop-it to assure the contractors bidding on the project of a minimum amount of work being available. This would also affect the plan hourly rate which LMCD Board Minutes February 22. 1989 would be more economical per hour as the total volume of work available Increases. Rascop questioned how the work performance will be measured. Reese responded that the Task Force will be relying on Industry standards from information it is receiving and it will be selecting a contractor in whom the Board will have confidence in both their service and equipment to perform the project. It Is understood that the contractor must be well managed and businesslike to include such areas of responsibility as workers compensation insurance. Hurr moved, Grathwol seconded that the advertisement for bids for the Eurasian water milfoil services be authorized as presented, and any change to this plan to contract for the weed harvesting service would be subject to further Boa**^ review and approval. Reese pointed out that a pre-bid conference would be held for persons Interested in bidding on the contract at least two weeks prior to the opening of the bids. The contract service s going to be bid based upon a cost-per-hour basis. Upon vote on the motion, the motion carried unanimously. Project Supervisor. It was the Board's consensus that a project super visor would appear to be necessary to work directly with the contractor in carrying out the project. It became apparent in this discussion that an Investment in a project supervisor would be very appropriate considering the value of the project. Lewman moved, Bjorlin seconded that the LMCD Chair, Task Force Chair, and Executive Director be authorized to investigate contracting for a weed harvesting project supervisor, whose responsibility would include determining where weed harvesting would be done on a day-to-day basis, inspection following the work to insure that the work has been done, and to assure that the project remained or schedule. The motion carried unanimously. Reese went on to explain that the project will be operating in three specific areas of responsibility: Scientific. This area will be undertaken by the Freshwater Founda tion to evaluate data being accumulated on the project including that of the DNR and US Array Corps of Engineers with further assess ment involving the Gray Freshwater Biological Instutute. Operations. This would be the dally responsibility of the project supervisor assuring that the work is being carried out according to plan. Financial. Review payment of all bills relating to the financial aspect of the project, that being the LMCD Executive Director's responsibility. Suaaury of Operations Plan. Foster suggested the need for an operations plan spelling out how the weed harvesting program came to the conclusions to harvest, to include other background information and possible solutions to the Eurasian water milfoil weed problem. He noted that he was aware of such alternate control means as use of textile mats placed LNCD Board Minutes February 22, 1989 on lake bottoms, rototllling, weed pulling, and other options. While this information has been discussed over a period of time, It was concluded that It would be helpful to have a summary outline to assist directors as they respond to questions and make presentations on behalf of the project. C. 1. c) Funding. Attorney LeFevere circulated a letter which brought attention to the prospec-t for city funding for control or destruction of aquatic vegetation. Minnesota Statute 110.71 authorizes the governing body of any city to expend funds for the control or destruction of harmful or undesirable aquatic vegetation in public waters, and to cooperate with other governing bodies in such control or destruction. Subdivision 2 of that section authorizes the governing body to use any available funds and to levy a special tax not to exceed 2/3 of one mil, or 50c per capita in any year In addition to all other taxes authorized by lav for this purpose, LeFevere concluded In his letter. This could be valuable for future city funding assistance In connection with the Eurasian water milfoil control program for cities around Lake Minnetonka. This information will be forwarded to the cities for their guidance. C. 1) a) Eurasian Water Milfoil Weed Pulling Demonstration Proposal. Plllsbury introduced a proposal Involving a demonstration project for hand pulling an area 50 feet by 50 feet to monitor the rate of return of week growth after an Intensive pulling removal. Hand pulling Is being proposed utilizing local scuba diving volunteers, Plllsbury explained. This would be conducted under the ice while the ice is still capable of supporting people and light-weight equipment. The area would be fenced and marked with buoys to identify it for monitoring purposes. Costs for equipment to open the ice and assist the volunteer scuba divers in the weed pulling program was estimated between $500 to $1500. In the discussion It was recommended that the Freshwater Biological Institute be Involved In the project to conduct a credible evaluation of the project's effectiveness. Hurr moved, Grathwol seconded that up to $1500 in expenses for support equipment and/or material for the proposed weed pulling demonstratIon project be authorized from the Save the lake fund subject to involvpp'-Mt of the Freshwater Foundation to assist in establishing a scientific mission statement, the project also to be marked with an underwater fence and other appropriate markings for safety to avoid navigation problems, further subject to securing all required permits as may be needed from the DNR, municipal or Water Patrol requirements. The motion carried unanimously. C. 2. ADVISORY COMfITTEE. Minutes for the meeting of Wednesday, February 8, 1989 were circulated among the directors. Subcommittee meetings and organ ization progress were highlighted in the minutes. Rascop commented further on the Shoreline Protection Subcommittee which will conduct Its third meeting February 24. Chief among concerns of the subcommittee are to avoid creating non-conforming situations as evidenced by some cities which allow smaller lots and in other cases taller building heights. The subcommittee expects to resolve these differences without creating non-conforming situations. Following the final draft, the city councils of the member cities will LMCO Board Minutes February 22. 1989 be challenged with reviewing the proposal and putting It in its final shape. Reese commented that the Fisheries report, which has been submitted in its final draft, points out that the total body of knowledge on fisheries on Lake Minnetonka is surprisingly small. The subcommittee also learned that the DNR marks spawning beds In Lake Minnetonka which are used to develop fry for other lakes In Minnesota. Stability of fish population in Lake Minnetonka looked good, although there was evidence that some of the fish sizes are coming in smaller, particularly in the area of walleye which are primarily stocked fish. A further review of the Fisheries final draft will be conducted by the Advisory Committee. Reese added. A conference to develop resource material for lake access data from specialists around the country, originally scheduled for March, was recommended by the Advisory Committee to be rescheduled for June/July of this year. The Advisory Committee recommended at its January meeting that a budget reallocation be made to postpone the March funding of approximately $15,000 for the COT **erence to be split between early resource data collecting and the later conference in June/July.Hurr expressed concern over the high cost of Consultant Arndorfer traveling to the east or west coast to visit one-on-one with these specialists who would have otherwise have been at the conference in March. It was Hurr's thought that a comparable amount of resource data could be collected by phone interviews and exchange of information by mail or Express. Hurr also had a concern that more definition was needed as to what is to be accomplished in these exchanges with the specialists on lake access. Grathwol offered his support on the need for a one-on-one interface, cautioning that care be made not to cut the heart out *»£ the lake access program by eliminating this interface. Mallnka also added value to the face-to-face contact which he agreed could be supplemented with some phone exchanges. Rascop pointed out that the funds are already allocated and it's really a matter of at what point in the contract the funds be spent rather than a reduction in the costs of the contract. Hurr did add that in the event funds do not fully materialize as planned, it may be necessary to cut the contract budget. To date no commitment has been made on the $150,000 for state funding assistance for the Management Plan. Foster moved. Grathwol seconded that the Chair and Executive Director be authorized to review the Consultant’s plan regarding the in-person Interviews with out-of-state specialists for lake access, use and density standards purposes, and make recommendations to the Consultant as to how this advance review process would be conducted. The motion carried unanimously. Hurr further reported on the second quarterly progress report made to the Metropolitan Council SysLems Committee on Tuesday. February 21, 1989. A copy of the report prepared by Arndorfer was circulated among the Board members. Additional summary reports on the low water public hearing and examination of low water considerations for hazardous wakes plus a progress report on the Eurasian water milfoil harvesting plan was also presented to the System Committee, a copy provided to the Board at this meeting. LNCD Board Minutes February 22, 1989 C. STAMDING COIMITTBBS 1. Mater Structures & Environaent. Rascop moved, Reese seconded that the action report of the meeting of February 11, 1989 be accepted as presented. The motion to adopt the action items carried unanimously. a) Chapaan Place Findings of Fact, Conclusion & Order, and revised dock plan. Applicant Robert Cuthill was present for any questions or com ments the Board may have had. Cuthill explained the necessity for revising the dock plan to adjust the setback requirements, and in the process it also discovered the necessity for enlarging some of the slip! staying within the setback requirement. This came as a result o': prior dock occupants indicating they would be needing larger slips for 1969. Rascrp mcved, Reese seconded that the Findings of Fact, Conclusion and Order and revised dock plan for Chapsian Place be accepted as presented The motion carried unanimously. D. 1) b) Mayzsta Yacht Club deicing installation reassessment. Chair Hurr reported to the Board that she was informed by the Wayzaca Yacht Club that they I'^tend with withdraw their application for deicing on the west side of the City of Wayzata public access, with the condition that the Yacht Club would be able to deice during the ice-out breakup period. Cochran pointed out that since it is the common practice for all marinas to conduct this method of keeping the breaking-up ice from destroying docks, that no action would be required as a result of this deicing withdrawal. Chair Hurr did reaffirm to Duane Markus' question that a Wayzata Yacht Club application for deicing next season would be considered on the merits of its conforming with the existing Code. 1) c) St. Alban*a Bay Karina & Yacht Club Environmental Assessment Morksheet (BAM) draft status. The Executive Director called the Board's attention to the editing and preparation now being done by LMCD staff on question No. 5 dealing with describing the proposed project, question No. 25 dealing with the project's effect on fish habitat, and question No. 27 dealing with any impairment or destruction of park or recreation areas, ecologically sensitive areas, or scenic views or vistas. Strommen added that a review is presently being conducted with the MN DNR partic ularly relating to sensitivity to fish habitat as it relates to the removal cf the existing marina. Disturbance to the Lake bottom can affect both fish habitat and aquatic plan life, it was being pointed out. 1) d) Dock license renewal applications. Cochran moved, Grathwol seconded that the renewal multiple dock license applications be accepted, subject to receipt of the city certificates from the cities in which they are located. The motion carried unanimously. The following docks were included in the motion; City of Greenwood, Jennings Cove. St. Alban's Bay Marina and Yacht Club, Seahorse Condominiums, Smlthtown Bay Association, and Tonka Bay Marina & Yacht Club. 1) e) DNR Pcniit applications and recoHendations. Cochran moved, Grathwol seconded that the recommendations on the DNR permit applications as LHCD Board Minutes February 22, 1989 presented by the Water Structures and Environment Committee be accepted as presented. The applications recommended by the committee were for the following: Pool's Cedarhurst lagoon dredging to 919.4' Gray's Bay lagoon, Ben simmons, dreging to 924.4' Harrison's Bay, D. Lievenow, maintenance dredging Smithtown Bay channel, Smithtown Bay Assoc, to 924.4' Jenning's Bay amended permit to 924.4' William Niccum common dock riprap extension permit Harrison's Bay, David Morse extension, amend to 924.4' The motion carried unanimously. D. 2) Lake Use Committee. a) Reese moved, Grathwol seconded to accept The iBotion carried unanimously. the action report as presented D. 2) b) Wake Study SubcoHilttee proposed mission statement. A mission st^'iement prepared by Foster and recommended by the committee for adoption by the Board was not considered at this time. The item will be forwarded to the March agenda. D. 2) c) Resolution 59, Open Water Fishing Contests, final amendments. Amend- ments to "A Policy Providing Guidance for the Issuance of Open-Water Fishing Contest Permits" was presented for Board approval. Plllsbury moved, Foster seconded that the amendments to Resolution 59 be approved as recommended. The motion carried unanimously. D* 2) d) Special Event inspection reports, new Special Event, and deposit refunds Upon favorable inspection of the Wayzata Chilly Open and Wayzata F?’^e Department Ice Fishing Contest, and the cancellation of the Westonk*. Ice Fishing Contest, and the after-the-fact new event registration and favorable post-event Inspection ol Rollin B. Child, Inc. Special Event Permit application. It was moved by Rascop, seconded by Bjorlln that the Special Event Permit inspection reports be accepted and the deposit refunds be approved as recommended; and that the Rollin B. Child, Inc. application be approved as recommended. The motion carried unanimously. D. 2) e) Hennepin County Sheriff's Water Patrol report. Bill landler updated the Board on the assault charges filed a; c two adult males who assaulted two Special Deputies in January; six counts of gross misd' anor and misdemeanor charges have been filed against each as sailant. The 1989 fish house count stands at 1,273, 30 mere than 1988. All fish houses have been registered and posted with notices requesting cooperation on prompt removal and litter cleanup. DNR Conservatl^^ Officers will coordinate in the removal aud litter cleanup. A new HCSWP mooring buoy permit application was passed out for the Board's information. Lake activity has been reported as quiet. Chair Hurr thanked Chandler for the very complete report. D. 3) EXECUTIVE DIRECTOR'S REPORT. a) Recording Secretary/Stenographer staff assistance.Strommen reviewed LMCO Board Minutes February 22, 1989 D. a plan to engage a Recording Secretary to record detailed minutes for the Board of Directors and Committee meetings. The person in this position would cover regular meetings and select special meetings. The per cent of time involving the Executive Director’s preparation in this regard is becoming substantial, and the growing responsibilities of various LMCD priorities forces the need for this additional staff assistance. Administrative Secretary Joan Mansk is similarly operating . at maximum commitment in support of the overall administrative needs and agrees that an outside person performing this on a contract service is appropriate at this time. Rascop questioned the additional costs for this position. Subject to exploration with available candidates Strommen indicated that a cost estimate would be made ano presented to the Board for their approval in March before a commitment to proceed on this service would be made. The Board concurred that the need in this area was apparent. ) b) Priority meetings, exchanges. A summary of business, government, and civic officials* meetings conducted by the Executive Director during the past month was circulated among the Board members. RBW BU8IMB8S. A. Proposed Monthly Director's Report. Director Reese invited the Board to con sider a monthly summary of information circulating a sample he prepared for his own presentation to the City of Mound. Reese felt there was an advantage to leaving a written report In the hands of the city, council and mayor. His report consists of some basic over-all LMCD activity summaries and con cludes with specific references to happenings that are more specific to the city beinv represented. Board response being mixed, it was concluded that any Director so interested might be willing to undertake his own report to his city along the lines suggested by Reese. CONTmilATIOH OP TflE MBBTING OF 2/22/89. Foster moved, Cochran seconded that this swcting of 2/22/ft9 be continued to 7;30 a.m., Saturday, 2/25/89. The motion carried unanimously. This meeting was recessed at 10:04 p.m Submitted by: Jan Boswinxel, Secretary Approved by: JoEllen L. Hurr, Chair LAKE MINNETONKA CONSERVATION DISTRICT NLWS RELEASE M«rch 1989 m 16 CONTACT* Gene Stronmen ExecuClve OlrecCor 473-7033 SUBJECT: Major Investors Respond to Eurasian Water Milfoil Budget Requirements Nine investors combined their resources and commitment to the Lake Minnetonka Eurasian Water Milfoil weed control program with an unprecedented investment of $500,000 toward the $750,000 budget, according to Task Force Chairperson Tom Reese, Mound and an engineer for General Mills. While some 870 Individuals, small businesses, corporations and even a few foundations combined to bring in the first $135,000, including pledges, and another $55,000 so f r from II of the 14 cities representing the Lake Minnetonka Conservation District (LMCD), the total need was substantially unmet at the self-imposed February 15 deadline, Reese continued. It was on February 21 that Minnetonka Boat Works owner Irwin Jacobs met with LMCD Chairperson JoEllen Hurr and Executive Director Gene Stroramen to hear the urgency of the Eurasian water milfoil weed harvesting fund program. The exchange concluded with Jacobs volunteering to personally contact key Lake Minnetonka family and business associates to bring in $500,000 toward the program. The news was the best Reese could have imagined. The investors were prompt in their response, with the major investors combining to bring in the $500,000 being: Stevi ti Adams DeWalt Ankeny Rodney P. Burwell Donald & Bruce Dayton Jacobs Management Corp. Norwest Banks Carl R. Pohlad D. Michael Winton Genmar Industries/Minnetonka Boat WorLs (more) LAKE MINNETONKA CONSERVATION DISTRICT 3/15/89 News Release Uhae does this mean to Che LflCD Eurasian Water Milfoil fund raising efforts? According to Reese, the original plan to purchase three harvesters Is now being implemented. Operational service will be contracted to outside Independent operators on a bid basis who will lease and maintain the equipment through an LHCD agreement. Irvin Jacobs offered one personal appeal upon announcing the commitment of Che major investors—do not stop giving! Because there are so many unknowns in this first year, funds me; be needed beyond the budget estimate in order to keep the project on target. Reese also offered assurance that funds will be still carefully disbursed. Any funds not used in 1989 will be set up to start the 1990 program which will need matching funds to keep the program in place each year. Thank you, family and business leaders of the Lake Minnetonka area! Thank you everyone for what you have done already, and what you will continue to do to make this a national example of community entrepreneurship! ### © MINUTES i C lAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXCELSIOR CITY HALL * -- - - - - 5:00 P.M. -- - - - - - - TUESDAY, FEBRUARY 21, 1989 Prior to tho Mooting boing callod to ordoi. Chairman Haggerty gave his report. Chair Haggerty began by Introducing tvro new members, Otto Hllczek and Ralph Bandjebar. Haggerty also Info^naed Commission that Administrator Hansen Is resigning from UfCCC, sha ^^'.1 be taking a job with Northern Dakota County Cable Commission, H^/^^rty commended Hansen on a good job. Haggerty attended the MACTA conference, one session was on enforcement and administration of the Joint Powers Agreement; he feels that LMCCC Is doing a good job and reacting well to cable companies. aaggerty Informed the Commission that an election committee needs to be appointed, elections are coning up In May at the next full Comoilaslon meeting. Haggerty appointed. Dean Johnson, Lesley Hughes-Seanans, Jim Hlllls and himself. I. CALL TO ORDER Chairman Haggerty called the February 21, 1989 meeting to order at p.m. II. APPROVAL OF MINUTES MOTION 2.21.89.1 Anderson moved, seconded by Hughes-Seamans, to approve the minutes of Jan'^ary 17, 1989 as written. Motion carried unanimously. MOTION 2.21.89.2; Anderson moved, seconded by Olds, to approve the minutes of the special meeting of February 8, 1989 as %rrltten. Notion carried unanimously. ROLL CALL DIRECTORS PRESENT: Otto Wilczek - Minnetrista Lois c. Johnson - Mtka Beach Ralph Bendjebar - Tonka Bay Jim Swartwood - Long Lake Dean Johnson - Shorewood Ton Anderson - Medina Lesley Hughea-Seamans - Tonka Dennis Haggerty - Deephaven Peter Berzins - Minnetrista Jlx Olds - Excelsior Jin Hlllls - Greenwood Barb Peterson - Orono Carl Rosen - Spring Park Ann Hofkln - Medina OTHERS PRESENT: Ric Hanson - Ti‘ Holly Hansen - Acjninstrator Shelly Quaas - Recorder UICCC MINUTES FEBRUARY 21, 1989 PAGE . III. REPORTS A. OFFICERS ChainMin Haggarty continued his report by announcing the interview cowsittee for reviewing resumes and conducting interviews for the Administrative position. The committee will consist of Lesley Hughes-Seamans, Tom Anderson, Jim Olds, Holly Hansen, Jin Swartwood and Dennis Haggerty. B. XBBdSl MOTION 2.21.89.3:JUST CTAlMSt Olds moved, seconded by Anderson to approve the Just Claims as written on Appendix A. The notion was discussed. Dean Johnson asked about the donation to Regional Channel 6. It was explained that the donation was a one-time donation for the support of Regional Channel Six. Notion carried unanimously. Olds informed the Commission that due to Administrator Hansen's resignation, a Resolution needs to be approved appointing three (3) Commission members to be authorized to have access to the bank deposit box. ^ ^ MOTION 2.21.89.4; Swsrtwood moved, seconded by Rosen to adopt a Resolution appointing Jim Olds, Lesley Hughes-Seamans, and Dennis Haggerty to have access to the bank deposit box. Motion carried unanimously. C. ADMINISTRATOR Hansen informed the Commission that February 28 will be her last day at IMCCC, she is taking a job as Executive :^irector of Northern Dakota county Cable Commission. Twenty-nine (29) resumes have been received thus far. Hansen has enjoyed working with UfCCC and hopes to see Commission members at up-coming conferences. Hansen informed thm Commission that not all of the cities have approved the Joint Powers Amendment; Long Lake, Woodland and r.reenwood are the remaining cities. D TRIAX pic Hanson who is the Regional Manager of Triax reviewed his monthly report with the Commission. Beginning Subscribers - 5,009 Ending Subscribers - 5,005 Net Loss “ 4 Basic Penetration - 45t Hanbon is disturbed with the penetration pero^intage and feels that it coull be brought up with on-going promotions and offering the best possible service to the sotscribers. The billing system also going to be changed, it is more detailed; the main billing headquart^srs will be in Waseca and should be up and tunning by April lot. fflce hours of Triax v,il be extended; Monday through Pj.ao.v the office will be open until 7:00 p.m., dlsps^tch will be jpen until 9:00 p.m. and Saturday hours will also be extended. mCCC MINUTES FEBRUARY 21, 1989 PAGE 3 D. TRTAX - CONTINUED Hanson informed the Commission that WWOR is bein^ dropped from the system due to several factors, but Bravo and American Movie Classics are bein^ added to the basic service* IV. GOVERNMENT CHANNEL Administrator Hansen commented that the amount of channel space on Channel 20 ir quite limited, at this time it is being used for all three P.* .G. (Public, Educational, Governmental) channels for all local programming* Hansen recommends that the Commission formally contact Triax to open the Government Channel (Channel 8) this fall due to the number of Council meetings and other local programming that is being produced. Hansen also suggests that IMCCC purchase some Governmental programming that could be played on that channel during alow peaks. This purchase could be shared by neighboring communities. MOTION 2.21.89.5; Anderson moved, seconded by Olds, to inform Triax to open up Channel 8, the Governmental Channel. Motion carried unanimously. V. NEW BUSINESSMOTION 2.21.89.6! Swartwood moved, seconded by Olds, to commend and recognize Administrator Hansen for doing a good job. Motion carried unanimously. Swartwood questioned why the LMCCC meetings were held a 5:00 p.m., and suggested that a questionaire go out to all Commission members asking for comments and input on a time that may be more suitable. ^ ^ vMOTION 2.21.89.7: Swartwood moved, seconded by Peterson, to have office staff prepare a questionaire to go out in the next mailing to get input from Commission members on times and days of the week that are preferable for the LMCCC meetings. Motion carried unanimously. M^iQ?*^^.89.8; Johnson moved, seconded by Olds, to adjourn the February 21, 1989 meeting at 6:25 p.m. Motion carried unanimously* RESPECTFULLY SUBMITTED, SHELLY QUAAS, RECORDER LMCCC JUST CLAIMS 1/17/8^ - 2/21/8? CHECK if 1826 1827 10135 10136 10137 10138 1828 1829 1830 1831 1832 101li0 lOllil 10H2 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 BANK EXCELSIOR Beginning Balance Claims Deposit - F. Fee Interest Svc. Charges ENDING BALANCE STATE CAPITOL CREDIT UNION DATE PAYABLE AMOUNT ACCOUNT 1/17 MACTA $ 496.00 Conferences 1/17 Regional Channel Six 500.00 Unallocated funds 1/31 Holly Hansen 787.00 Payrol1 1/31 Honique Basart 115.30 Payrol1 1/31 Debra Kokesch 85.74 Payrol1 1/31 William Strohm 358.11 Payrol1 1/31 P.E.R.A.134.00 P.E.R.A. 1/31 Commissioner of Revenue 129.27 HN W/H Taxes 1/31 U.S. West Communications 59.07 Telephone 1/31 Hance Hardware 90.90 Hisc. Video 1/31 Cable Vision 46.00 Subscriptions 2/15 Hoi1y Hansen 778.00 Payrol1 2/15 Debra Kokesch 153.74 Payrol1 2/15 Wi11 lam Strohn 268.43 Payrol1 2/15 Bank Excelsior 856.66 941 Taxes 2/15 Commissioner of Revenue 151.57 MN W/H Taxes 2/15 P.E.R.A.9.00 PERA Life 2/15 P.E.R.A.123.18 P.E.R.A. 2/21 She!ly Quaas 60.00 Sect'I. Svcs. 2/21 Paychex 29.55 Sect'l. Svcs. 2/21 Employee Benefit Admin. Co.513.00 Ins. - wkrs. comp. 2/21 Excelsior Chamber of Commerce 40.00 Memberships 2/21 William Strohm 23.31 Mi leage 2/21 Holly Hansen 50.82 Mileage 2/21 Audio Visual Wholesalers 98.43 Misc. Video 2/21 Lake Business Supply 449.51 Office Supplies 2/21 Gross Office Supply 8.48 Office Supplies 2/21 O'Connor & Hannan 394.12 Tfr: 106.25 Legal 2/21 U.S. West Comnunicat Ions 63.66 Telephone 2/21 W. F. Denny S Co.1,685.30 Dowden FInc'l. Rev 2/21 U.S. Postmaster 34.00 Postage 2/21 Petty Cash 97.98 Various TOTAL 58,698.13 Balance - Share account* $ 6,438.51* (*does not Include 1st qtr. Interest) C.D.'s_ _ _ _ __ $26,000 9 8.5^ due 4/10/89 MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON FEBRUARY 27, 1989 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, February 27, 1989. Present:Dave McKown Don Anderson Kitty Crosby James Franklin John Maresh Lucie Taylor Thomas Mich William Fenholt UPON MOTION by Kitty Crosby, secondeo by Lucie Taylor, the consent agenda was app»*Otfed as follows: • - approved the minutes of the February 13, 1989 regular meeting; - approved the Treasurer's Report for January, 1989; - approved the bills as covered by vouchers 062182 through 062251 and 061408 through 061443; - approved the following variances: Todd Saunders, grade 12, and Erik Saunders, grade 9, to attend Hopkins School District. Or. Mich reported that March 7 is School Board Day at the Capitol; that the Parents for Orono are actively promoting the referendum; that presentations on the referendum have been given to various groups over the past weeks by Mr. Fenholt and himself; that the Staff Development Committee has developed a guide for teachers on successful parent-teacher conferences; that there is a ruling by the State Supreme Court which will impact the discussion of employee personnel issues in public meetings and that as a result the Board will have to handle such matters in executive session; that he wanted them to see the ad which had been placed in Education Week for the position of principal at Orono High School: that the Elements of Effective Instruction will be offered on April 11 and 12 in the district; that on April 14 a workshop titled "The Role of Education and Its Relationship to the Community" will be offered with the following panel members: Bill Lurton, Irwin Jacobs, George Dixon, and George Pillsbury; that he wanted to reiterate to the Board his concern regarding the Governor's budget and the lack of revenue to schools; that Andrea Silbermann, Orono Middle School student, will represent Orono at the state competition spelling bee on April 15; that he also wanted to mention Peter Loster as he did quite well in the spelling bee competition; that the Winterfest at the high school was successful with events well attended; that he will be speaking at the AASA Convention, March 3-6, 1989. Lucie Taylor stated that Nick Coult is a National Merit Scholar and that Nate Miller finished 6th in wrestling competition at state. Don Anderson stated that the varsity girls basketball team did a good job at in the 6AA tournament play held this past weekend, UPON MOTION by Jim Franklin, seconded by Lucie Taylor, the meeting was adjourned. T. ^.lOSlyKatherine P. C Approved: Don A. Anderson, Vice Chalnnan LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA Regular Meeting, 7:30 p.m., Wednesday, March 29, Tonka Bay City Hall 4901 Manitou Road (County Road 19) 1. Call to Ordex 2. Roll Call 2 T1989 P 3. Reading of Minutes: approval of 2/22/89 amended to show Rascop, Slocum present; 2/25/89; and 3/11/89 as mailed 4. Public Coawnts from persons in attendance not on agenda 5. Reports A. Chair Hurr 1) Treasurer nomination due to Treasurer Westland, Wayzata, resignation 2) Management Plan conference of lake specialists amendment proposal authorizing Consultant Arndorfer to travel to conferees' locations in lieu of March conference 3) Annual Dinner program highlights, review of invitees, and priority for LMCD Board participation 4) Confirmation of public hearing for Minnetonka Boat Works' Special Density and new dock license, 7:30 a.m., 4/8/89, followed by regularly scheduled "Dock" Committee meeting 5) Additional Board Chair communications B. Treasurer/Finance 1) Financial condition through 2/28/89 2) Audit of vouchers for payment per advance list as recommended C. Standing Committees 1) WATER STRUCTURES & ENVIRONMENT, Director Grathwol for Chair Cochran a) Approval of 3/18/89 minutes as mailed (to follow this agenda before 3/29) b) Rosenblum/Ulrich publi'- hearing report on a variance application and committee recommendation approving dock installation over wetlands using non-mechanical (light hand-tools vs. heavy equipment) installation c) Wayzata Yacht Club Temporary Dock Extension, recommending approval as presented d) Wayzata Yacht Club new District Mooring Area permit for temporary extension, recommending approval as presented e) City of Excelsior, and Dennis Boats (Tonka Bay) Temporary Dock Extension requests, recommending approval as presented 2) LAKE USE COMMITTEE, Director Foster for Chair Plllsbury a) Approval of minutes, to be presented 3/29 following 3/27 meeting b) Special Event new application, recommending M.D. fishing contest 6/17/89 (more) Board Agenda LAKE MINNETONKA CONSERVATION DISTRICT 2 March 29, 1989 5. C. 2) c) D. Special Event: inspection reports favorably supporting deposit refunds for Birchview Elementary ice fishing contest; Rollin B. Child Inc. winter event; The Jock Club (Westonka Chamber of Commerce) ice fishing contest (cancelled) d) Water Patrol candidates for LMCD Annual Dinner recognition, recommending authorization of a special selection committee of the LMCD chair. Lake Use and "Dock" Committee chairs to select honorees from candidates for April 19 recognition Special Committees 1) EURASIAM WATER MILFOIL TASK FORCE, Chair Reese a) Review and consideration for approval of weed harvesting equipment as received in response to public advertisement for bids b) Fund raising current status report, private and public sources c) Status report on public advertisement for bids on services contract d) Status report on state legislative appeals for 1990-91 funding assistance e) Project supervisor and program progress 2) ADVISORY COMMITTEE, Consultant Arndorfer, Chair Reese a) Professional services billing for $8,798 as recommended by the Advisory Committee b) Shoreland Protection subcommittee rules draft status c) Recreational Use Monitoring on Winter Surveys, progress d) Public Safety subcommittee progress e) Stakeholder Studies interview progress f) Projections for April subcommittee studies and additional priorities E.EXECUTIVE DIRECTOR'S REPORT 1) Recommendation to contract recording secretary to record, prepare public meeting minutes 2) Administrative progress, staff response and temporary assistance in support of exceptional service requirements for present obligations 3) Priority meetings, exchanges with business, government, community representatives 6. Unfinished Business: As recommended by the Board 7. Nev Business: As recommended by the Board 8. Adjournment 3-23-89 LAKE MinNETONKA COtlSERVATION PISTRICT SPECIAL MEETING TONKA BAY CITY HALL March 11, 1989 iKSlIUWLi MAR27I989 K\ A special meeting of the Lake Minnetonka Conservation District Board of Directors was called to ordei it 7:45 A. M. by Chair Hurr, declaring a quorum present. Present. Chair JoEllen Hurr, Orono; Vice Chair Tom Reese, Mound; Secretary Jan Boswinkel, Minnetonka Beach; James Grathwol, Excelsior; Marv Bjorlin, Tonka Bay; John Malinka, Victoria; Bob Slocum, Woodland. Also present: Attorney Charles LeFevere, Consultant David Arndorfer, Frank Mixa. Absent: Bert Foster, Deephaven; Dave Cochran, Greenwood; Bob Pillsbury, Minnetonka; John Lewman, Minnetrista; Ron Kraemer, Spring Park; Bob Rascop, Shorewood. Chair Hurr announced that Mark Westlund, Waysata, had submitted his resignation. TEMPORARY DOCK EXTENSION PERMITS The Board was convened to consider Applications for Permits for Temporary Dock Extensions beyond the authorized dock use area, pursuant to Resolution No. 53 which declared a low water level. All permits are issued on a temporary basis for one year only or at such time the water level reaches 929.4 feet. All extensions shall be temporary, seasonal type docks, shall meet all requirements of the LMCD, including the license requirements, other than the length limitation requested, the extension shall only be permitted during the time the level is below 929.4 feet, the extension, together with the original dock, shall not bo used to provide storage space for a greater number of boats or watercraft than are authorized under the LMCD Code or for a greater size or number of boats or watercraft than are licensed if a license for the dock is required under the LMCD Code. All applications are to be made a part of the applicant's permanent file. In certain cases additional requirements are to bo met, as noted. The applications were considered in the order received. BOARD OF GOVERNORS, BIG ISLAND VETS CAMP (Orono) Application to add sixteen foot dock extension in addition to present thirty-six foot dock, total dock distance - sixty-four feet. It was moved by Reese, seconded by Bjorlin, to approve the temporary dock extension permit, in effect amending the dock license for this year. Motion carried unanimously. CHAPMAN PLACE MARINA (Mound) Application to add one hundred forty-five foot extension in addition to present one hundred twenty-nine foot dock, total dock distance - two hundred seventy-four feet. It was moved by Reese, seconded by Bjorlin, to approve the permit, in effect amending the dock license for this year and contingent upon inspection by the Water Patrol to determine there is no problem with navigation. Motion carried unanimously. COCHRANE'S BOATYARD, INC. (GREENWOOD) Application to add twenty feet in addition to present two hundred foot dock, total dock distance - two hundred twenty feet. It was moved by Reese, seconded by Bjoriin, to approve the permit, in effect amending the dock license for this year, because it is a minor adjustment. Motion carried unanimously. GIDEONS POINT HOMEOWNERS ASSOCIATION (TONKA BAY) Application to move interior docks adjacent to current exterior docks, all within the one hundred foot dock use area. It was moved by Boswinkel, seconded by Reese, to approve the permit, in effect amending the dock license for this year by this reconformation. Motion carried unanimously. BOULDER BRIDGE FARM (SHOREWOOD) Application to move six decks from the lagoon to the main lake, all within the one hundred foot dock use area. It v^as moved by Reese, seconded by Bjoriin, to approve the permit, ir effect amending the dock license for this year by this rearrangement. Motion carried unanimously. AL AND ALMA'S SUPPER CLUB (Mound) It was moved by Reese, seconded by Grathwol, to table the request because the application was not complete and there are questions about the nearness to the beach and effect upon the neighbors. Motion carried unanimously. FOXHILL HOMEOWNER’S ASSOCIATION (Orono) Application to add eighty feet to existing one hundred forty-four foot dock - total dock distance two hundred twenty- four feet. It was moved by Grathwol, seconded by Bjoriin, to approve the permit, in effect amending the dock license for this year subject to review by the water patrol to determine there is no navigational hazard. Motion carried unanimously. METHODIST LAKESIDE ASSESMBLY (Woodland) Applicatioin to add seventy-two feet to existing one hundred twelve foot dock - total dock distance one hundred eighty four feet. It was moved by Reese, seconded by Malinka, to refer the application to the water patrol and review further as there were questions about the moorings. Motion carried unanimously. LORING ACRES BEACH ASSOCIATION (Minnetrista) Application to add eight feet to existing fifty foot dock total dock distance fifty-eight feet. It was moved by Bjoriin, seconded by Boswinkel, to approve the permit because it is within the dock use area. in effect amending the dock license for this year. Motion carried unanimously. WlNDWAltU MARINE. INC. (Orono) Application to add forty feet to existing two hundred foot dock - total dock distance two hundred forty feet It was moved by Grathwol, i^econded by Mcdinka, to approve the permit, in effect amending the dock license for this year. Motion carried unanimously. Grathwol asked that the record show he has represented the applicant in the past. WAYZATA YACHT CLUB (Wayzata) It was moved by Bjorlin, seconded by Reese, to table the application at the request of the applicant. Motion carried unanimously. CITY OF DEEPHAVEN - CARSON BAY DOCK A AND B (Doephaven) Application to add twenty-four feet to existing one hundred forty foot dock - total distance one hundred sixty four feet. It was moved by Boswinkel, seconded by Bjorlin, to approve the permit because iu poses no problem,in effect amending the dock license for this year. Motion carried unanimously. Grathwol asked that the record show he has represented the City in the past. CITY OF GREENWOOD - ST. ALBAN'S BAY (Greenwood) Application to add sixty feet to existing eighty-four foot dock - total distance one hunded forty-four feet. It was moved by Reese, seconded by Malinka, to approve the permit because it poses no problem, in effect amending the dock license for this year. Motion carried unanimously. Grathwol asked that the record show he has represented the City in the past. be in lieu encroaches to approve WILLOW WOODS CORPORATION (Tonka Day) Application to add thirty-two feet to existing sixty-two foot dock - total distance ninety-four feet. Their application included a cover letter indicating this permit would of dredging. LeFevere pointed out that the extension on a neighbor's area. It was moved by Grathwol, seconded by Malinka, the permit subject to the consent of the neighbor to th*"; east, in effect amending the dock license for this year. Motion carried unanimously. CEDARHURST ASSOCIATION (Deepliaven) Application to add twenty feet to existing forty foot dock - total distance sixty feet. An accompanying cover letter and drawing indicates this is an addition to a swimming dock and they would further request an expansion of their buoy field. It was moved by Reese, seconded by Bjorlin, to approve a permit for the dock extension but the permit does not include the buoys, in effect amending the dock license for this year. Motion carried unanimously. CITY OF MOUND (Mound) Application indicates the City has four hundred twenty docks at various locations over four and one-half miles of lakeshore and it would be difficult to determine wliat would be needed. Mixa reported they do not need a shallow water permit as most will stay within the one hundred feet. They would either need an amendment to their dock license or each individual needing an extension will have to apply to the District. It was moved by Bjorlin, seconded by Boswinkel, to approve the permit up to one hundred feet as permits have been allowed in the past, in effect amending the dock license for this year. Motion carried unanimously. Grathwol asked that the record show he has represented the applicant in the past. LAKEWINDS ASSOCIATION (Mound) Application to add forty-eight feet to existing one hundred foot dock - total distance one hundred forty-eight feet. It was moved by Bjorlin, seconded by Grathwol, to approve the permit noting these are seasonal docks, in effect amending the dock license for this season. Motion carried unanimously. LIBB*S BAY BOAT CLUB (Wayzata) Application to add twelve feet to existing one hundred thirty-five foot dock - total distance one hundred fox'ty seven feet. The addition is actually the width of two boats proposed to be tied to the outside of the dock - no additional dc:k as such. It was moved by Grathwol, seconded by Malinka, to approve the permit, in effect amending the dock license for this year. Motion carried unanimously. ROCKYAM BOAT YARDS,INC. Dock 2 (Spring Park) Application to add seventy six feet to existing one hundred twenty-eight foot dock - total distance two hundred four feet. It was moved by Reese, seconded by Grathwol, to approve the permit subject to review by the water patrol to assure there is no interference with navigation, in effect amending the dock license for this year. Motion carried unanimously. GRAY'S BAY RESORT AND MARINA (Minnetonka) The owner of the subje t property stated they cannot extend their docks because of the location at the channel but will store boats on trailers on their property. Board took no action as this is matter addressed by the City but the letter of information will be attached to their dock license application. MINNETONKA BOAT WORKS (Orono) Application to add one hundred foot extension to existing one hundred foot dock - total distance two hundred feet. It was moved by Bjorlin, seconded by Boswinkel, to approve the permit because it presents no problem, in effect amending the dock license for this year. Motion carried unanimously. JENNINGS COVE DOCK OWNERS ASSOCIATION -(Minnetrista) Application to add one hundred feet to existing ninety tv.o foot dock - total distance one hundred ninety two It was moved by Bjorlin, seconded by Boswinkel, to approve the permit subject to review by the water patrol, in effect amending the dock license for this yerar. Motion carried unanimously. TONKA BAY BOAT WORKS (Tonka Bay) Application for additional on-land storage. It was moved by Grathwol, seconded by Reese, to table the request for additional information as to compliance with the current license and contact with the City. Motion carried unanimously. for fifteenSMITH BAY MARINA AND YACHT CLUB Request by letter for a temporary buoy field boats. , , It was moved by Reese, seconded by Bjorlin, to table the matter, advising the owner they will need a District Mooring Area Permit. Motion carried unanimously. BAYVIEW CONDOMINIUMS (Spring Park) u ^ Application to add forty-eight feet to existing one hundred fo-ty-four foot dock - total distance one hundred ninety-two feet. It was moved by Bjorlin, seconded by Malinka, to approve the permit subject to the consent of the neighbor because of a setback question, in effect amending the dock license for this year. Motion carried unanimous)y. MAXWELL BAY MARINA AND YACHT CLUB Request by letter indicating they have applied for a dredging permit but would like consideration of the use of outdoor dry storage. It was moved by Grathwol, seconded by Bjorlin, to table the request until the Board knows more about the dredging and further to ascertain whether the dry storage would require an amendment to their dock license. Motion carried unanimously. MINNETONKA EDGEWATER APARTMENTS - 4. 4. Application for an extension of twenty-four feet to the existing one hundred foot dock - total length one hundred twenty four feet.It was moved by Boswinkel, seconded by Bjorlin, to approve the permit, in effect amending the dock license for this year. Motion carried unanimously. LOW WATER ORDINANCE ^ LeFevere presented a proposed Ordinance which would give th Board flexibility to deal with low water situations. The easiest way would be to give temporary variances, except public hearing requirements could be waived if the Board wished to do so. All would be subject to inspection for compliance. Discussion followed on whether the need was economic or constitued a hardship; whether granting the variances to non- conforming situations offered an advantage to the holder; would this be something that could be delegated to the cities or would Board control guarantee more uniformity; would this allow the Executive Director to issue permits within the one hundred foot line and the Board handle the ones past one hundred feet; if the Executive Director retains some authority, the Board would establish guidelines for his direction. It was moved by Hurr, seconded by Reese, to waive the second and third reading and adopt An Ordinance Providing for Issuance Temporary Low Water Variance; Amending Code Section 1.07, Adding Subd. 9, and authorize its publication. Motion carried unanimously. DONATION Hurr reported that ticket and gate proceeds from the Prairie Home Carriage Classic will be donated to the LMCD for its benefit. The Board expressed its appreciation to the organization. EQUIPMENT PURCHASE - Weed Harvesting Machine Reese stated it is Incumbant upon the Board to proceed immediately to advertise for the purchase of the equipment to harvest weeds. The most practical method would be for the District to purchase the equipment and contract for the actual work and maintenance. It was moved by Grathwol, seconded by Boswinkel, that the Executive Director, at the direction of the Chair, be authorized to advertise for bids for weed harvesting equipment. Motion carried unanimously. ADJOURNMENT There being no further business, the meeting was declared adjourned at 0:50 A. M. Submitted by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Approved by: Jan Boswinkel, Secretary JoEllen Hurr, Chair 1 p. iii %