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07-24-1989 - Agenda Packet City Council - regular meeting
A RBSOLOTION GRAMTING PRELIMINARY APPROVAL OF A PLAT OF THE PROPERTY LOCATED AT 384 McCULLEY ROAD PILE NO. 1412 WHEREAS, Mary L. Petersen ihereinafter "the applicant") on May 12, 1989 filed a formal subdivision application with the City for a division of a 5 lot residential plat of a property legally described as follows: Refer to Exhibit A attached Hennepin County, Minnesota, {hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on June 19, 1989 and July 17, 1989 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on July 24, 1989 the Orono City Council considered the subdivision application of the applicant, 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 acres of dry buildahle land, 2 acres of which must be contiguous. 2. Each of the 5 lots within the proposed subdivision satisfies the area and width standards of the zoning district. 3. The property contains a total of approximately 31.5 acres, acres consist of wetlands. 2.4 4. Lot 2, Block 1 is already developed and will continue to achieve access via Turnham Road. Lot 1, Block 1, Lots 1, 2 & 3, Block 2 will be served by a private road out lot to be constructed by the applicant. Page 1 of 4 NOW, THEREFORE BE IT RBSOIiVBD, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Mary L, Petersen per the survey dated May 12, 1989, revised June 29, 1989, by Mark S. Gronberg of Coffin & Gronberg Inc*, subject to the following conditions: 1. Applicant to grant conservation and flowage easement over wetland area (defined as a drainage easement) within Lot 1, Block 1. 2. Applicant to execute private covenants assuring the maintenance and upkeep of private road by future owners of Lot 1, Block 1; Lots 1, 2, & 3, Block 2. Applicant to provide engineering plans for private road serving 4 lots. Such plans to be approved by the City engineer prior to construction. No building permits for new construction will be issued until private road has an approved base providing access for construction and inspection vehicles. Applicant shall execute developers agreement and provide a letter of credit (150% of the cost of improvements) to insure the completion of all improvements not completed by final plat approval. 3. Orono Park Commission to make final recommendation to the Council regarding feasibility of a 10* wide pedestrian/walking easement along east side of Lot 3 providing access to Luce Line. City shall not request additional dedication for the extention of Turnham Road to the Luce Line as the City has accepted the DNR's request to discourage more intense public crossover of the Luce Line. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) . ylar copies and one (1) copy reduced to 1"»200*. Drawing to include: a) Lot lines pl3tted per preliminary survey by Mark S. Gronberg of Coffin & Gronberg Inc., dated May 12, 1989, revised June 29, 1989, with the exception that Outlet C be omitted on final plan. City to further advise regarding designation of a 10* easement along east side of Lot 3 to prov^’de walking access to the Luce Line. (Park Commission meeting August 1, 1989). b) Dedication of "drainage and utility easements" 10* wide along all perimeter property lines and 5* each side of internal property lines - omit along the sides of the lot lines adjacent to wetlands within Lot 1. Page 2 of 4 c) Dedication of rights-of-way as shown on preliminary survey for McCulley Road and Turnhaun Road. d) Describe wetlands at 956 elevation in angles and bearings and define as drainage easement within Lot 1, Block 2. B. LEGAL DOCUMENTS required; a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Please make sure that this title opinion also addresses the lands located in the north—east portion of the plat that has become part of the plat with the lot line rearrangement. b) The applicant mus^ Hr’ovide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage and Conservation Easement over wetlands defined as drainage easements within Lot 1, Block 2. (See sample attached). d) Signed and executed Road and Utilities Easements over Outlets A and B. (See sample attached). e) Signed and executed maintenance covenants for private road over Outlet A. (See sample attached). f) Executed Road name request. Please note that road name approval is a separate process requiring approval by the City final plat approval. Please make sure you provide 3 choices for Councils consideration (see scimple attached). C. FEES TO BE PAID: Total Due $600.00 a) PaiiC dedication fee per current schedule: Lots 1, 2 & 3, Block 2 at 5+ acres each Total park fee * $300.00 b) Final plat fee = $150.00 c) Legal review and filing fees of $150.00 I 00.00 per lot Page 3 of 4 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of July, 1989. ATTEST: J^unes R. Grabek, Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me on this _ _ _ of __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _r 19_ _ _, 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 4 f ^ Receipt - CITY OF ORONO - SUBDIVISION APPLICATION PROPERTY LOCATION Site Address 384 McCullev Road___________ r r ‘ Property Identification Number (P.I.D.) 3I-Ilo-::3 31 0004 Please check one - Property >c:»: abstract or _ _ _ torrens? Attach legal description to application. TY OF FirJAr^CE OFFICE iOt0200COO 01 CEh‘ 105C 135O2OC000 01 CES‘ 40C CHECK TL U5C I^ECEIHT-THAKK YC »12S700 COOl wl ■ 05y APPLICANT Name Mary L. Petersen Phone (home) Phone (work) 475-2097 Address: Box 4l'>32 City:Pl'-Tnouch Zip: 55441 OWNER (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels 2. Development Size 2.9. / i Acres Dry Land 2. y Acres Wet Land ?/ .Acres Total, all parcels Present Use (check)Residential; no. of units 2_ Other (specify) Present Zoning District Z/c - PROPOSAL _ _ _ _ _ _ _ Division for Tax Purposes _ _ _ _ _ _ Lot Line Rearrangement Only (no new building sites) ^ Subdivision for New Building Sites zNumber of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Existing Units New Units Total Units 5 Units per / Acres T7. /2d Sq Feet Dry Buildable Land X Residential Other (specify) ^ • •• • •—- - - MIHUfOM MATERIAL HECESSARY FOR COMPLETE PRELIMHIARY APPLICATIOM 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348^32T1)4. 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). 4.^ 5. As an addendum to this application, please attach a separate list or any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature___ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ __ _ _ _~ Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete Zoning Official's Signature__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ __ _ _ _ 1. 2. 3. 4. 5. PEES Sketch Plan Review (Class I, II & III) Preliminary Review (Class I & II Subdivision) $150.00 250.00 Preliminary Review (Class III and all non-residential) 300.00 +20.00/Lot Final Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* Planning Commission and Council necessary to process this application and further agrees to pay all additional fee^ established by ordinance. Applicant's Signatur Date Date ^Owner's Signature Applicant must have all sul^ittals. 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 appli^nt is unable to attend a scheduled meeting, please Mke authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 0S/09/S9 BATCH OOa PROP AOOR OHNER NAME TAXPAYER NAME/ADOR PROP AOOR OIRCR NAME TAXPAYER NAME/AOOR PROP AOOR 0»MER NAME TAXPAYER NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR PROP AOOR OHNER NAME TAXPAYER NAME/AOOR HErtCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OltCRS LIST 5R ‘ » 'i 25 13 0002 ‘ . vH«NHAM RO V A > A K M BERG i KATHLEEN M BERG 420 ;.mNHAM RO MAPLE PLAIN MN S5359 38 31-118-23 23 0009 00420 OEBORAH OR R N BRAOY JR A R F BRAOY ROBERT A RACHAELLE BRAOY JR 420 OEBORAH ORIVE MAPLE PUIN MN 55359 3B 31-118-23 24 0007 00415 OEBORAH OR TAR BETZ THOMAS R BETZ 415 OEBORAH OR MAPLE PLAIN m 55359 38 31-118-23 31 0003 00385 TURNHAM RO R J STOLLER ACS ANOREHS RICHARD J STOLLER 385 TURNHAM RO MAPLE PLAIN rt< 55359 38 31-118-23 34 0006 00115 LUCE LINE R106E J E ERICSON A V A RIZZOLO JAMES E ERICSON 115 LUCE LINE RIOGE MAPLE PLAIN MN 55359 38 31-118-23 34 0009 00100 LUCE LINE RIOGE C M A R H PASSOH CRAIG M A ROBIN H PASSOH 100 LUCE LINE RIOGE MAPLE PLAIN MN 55359 38 31-118-23 15 0UU3 04345 HATERTOHN RO OONALO K PEARSON A HIFE OONALO K PEARSON 4345 NATERTOItl ROAD MAPLE PLAIN m 55359 38 31-118-23 24 0003 00425 TURNHAM RO NILLIAM N STEMPEL ETAL NILLIAM H STEMPEL 425 TURNHAM ROAO MAPLE PLAIN m 55359 38 31-118-23 24 0009 00038 AOORESS UNASSIGNEO HCCULLEY FARM HOMEOHNERS ASS MCCULLEY FARM HOMEOHNERS ASS 415 OEBORAH OR MAPLE PLAIN MN 55359 38 31-118-23 31 0004 00038 ADDRESS UNASSIGNED MARY L PETERSEN MARY L PETERSEN 14500 34TH AVE N APT 240 PLYMOUTH MN 55441 38 31-118-23 34 0007 00135 LUCE LINE RIDGE DAVID J ANDERSON OAVIO J ANDERSON 135 LUCE LINE RIOGE MAPLE PLAIN MN 55359 38 31-118-23 34 0013 OOO^o ADDRESS UNASSIGNED PAINTERS CREEK HOME(»tCRS PAINTERS CREEK HOMEO»fCRS C/0 PRIMUS LAN OFFICE 401 2ND AVE S SUITE 432 MPLS MN 55401 REPORT NO. PI435401 PAGE 24 38 31-118-23 21 0001 04490 HATERIOIfl RO KENNETH TURNHAM ETAL KENNETH A KATHRYN TURNHAM 4490 HATERTOIM ROAD MAPLE PLAIN W 55359 38 31-118-23 24 0004 04545 NATERTCRM RO EARL L FREEMAN EARL L FREEMAN 4545 HATERTCMI RO MAPLE PLAIN MN 55359 38 31-118-23 31 0002 00038 AOORESS UNASSIGNEO STATE OF MINN STATE OF Nir« 38 31-118-23 33 0009 00038 ADDRESS UNASSIGNEO PAINTERS CREEK HOMEOMIERS PAINTERS CREEK HOMEOHNERS C/0 PRIMUS LAN OFFICE 401 2ND AVE S SUITE 432 MPLS MN 55401 38 31-118-23 34 0008 00165 LUCE LINE RIOGE MAS LAVINE MICHAEL J A SYLVIA N LAVINE 165 LUCE LINE RIDGE MAPLE PLAIN MN 55359 38 31-118-23 42 0004 04385 CHIPPENA LA J M FRITZLER ET AL J MARC FRITZLER AND OESYL L PETERSON 4385 CHIPPENA LA MAPLE PLAIN IM 55359 o 'i) u O \) 1) 1? kj RUN DATE 05/09/89 BATCH 008 PROP AOOR OtCR NAME TAXPAYER NAME/AOOR PROP AOOR 0»MER NAME TAXPAYER NAHE/AOOR 38 31-118-23 82 0007 00340 TURNHAH RO BERNARD H SALE BERNARD H 6ALE 340 TURNHAH RO HAPLE PLAIN MN 55359 38 31-118-23 42 0014 00320 TURNHAH RO JOHN E HEN6E A NIFE JOHN E HENGE 320 TURNHAH RO HAPLE PLAIN HN 55359 HEMCPIN COUNTY PROPERTY INFORNATION SVSTEN PROPERTY CRtCRS LIST 38 31-118-23 42 0008 00380 TURNHAH RO JEROME P OBRIEN JEROME P OBRIEN 380 TURNHAH RO MAPLE PLAIN IB4 55359 38 31-U8-25 43 0011 00145 TURNHAH RO KEITH L HONELL ET AL DAVID A DETERS 145 TURNHAH RO HAPLE PLAIN MN 55359 REPORT NO. PX4S5401 PA8E 25 38 31-118-23 42 0013 00320 TURNHAH RO JOHN E HENCE t NIFE JOHN E HENCE 320 TURNHAH RO HAPLE PLAIN m 55359 TOTAL BATCH 008 00023 kJ 0 W o o 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TR« REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF HY KNONLEOOE AND BELIEF. DATE & m M Bonestroo Rosene Anderlik & Associates Ono G Bonestfoa PE Koben W «o»ne, PE Jovefti C AnoffWr PE A UfTOffg PE R<r^ E Tkjrncf PE J»nn C Own. PE Gi<no g Cook. P£ Thonus £ No>«l PE BOOM G SchufKW. P£ MjfWi L SorvM. PE kWh A Gokdon. PE StcruW W fosrer. PE Oorukt C PS J«ry A BouMor M«k A H«nK >1K f«a PE. Micnae» r v - PS ROMrt g PW»”^ • Om> O LoitkU PE Tho*n»j W nRfrJon. PS. Mwruct C. L>nch. PE. Jjmnf MMnd. PE Kennctn P Anienoa PE kMTi A Bwviunn. PE Man a itoPl PE BooenC Busmil Aia Thomai E kngut PE homom a Santom PE Oan«t j E«*9eRoa PS. M»kA S c«lPE pnao j: CavMi. pe MM O VMHkt PE Oxvnat a Anderson. AIA Gary f ayunder PE Charles A Erckson LeoM PMeMiy KadanM Ohon Susan M EDenm C PA Engineers A Architects June 12. 1989 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Ae: 139-1412 Foxfyre Estates Dear Jeanne: Ve have reviewed the preliminary plat for Foxfyre Estates subdivis^rn on McCulley Road. It would be desirable as discussed to include the City property with this plat. This could be a joint venture between the developer and the City if desired. We would recommend the following modifications to the subdivision. The access should tie into McCully Road at right angles as shown on the enclosed drawing. The outlot should extend over to Tumham Road at Chippewa Lane. There should be a 33 foot roadway easement provided along the east line of lot 3. Drainage easements should be provided where necessary for ponding and drainage purposes. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK k ASSOCIATES, INC. Glenn R. Cook GRC:df End. 2335 VVIest Hlghwj^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 MARY LYNN PETERSEN IN THE SW 1/4 OF SECTION 31-118-23 HENNEPIN COUNTY, MINNESOTA r ii, s! I ' w ! f t ^ ^ ^ ^T“ 4 L-V. 7« A ■ 11 - ^ ^ N Xv' ' > \ ! ; / :! ® / i^r-^,/s.or^/. I I ,/i f/f S^t /’•r f ^ 0»>^$ nt ntf m r#*» #r •••! •» »*• ••rlMill «a«rt*r •» S mIMmM Tartar •* SMtlM »l. ^|» ns MrU. II •t IM Ita »rl*<l»al Ntria t»a MrtMttl f •f tk« Ittt IM •r • itM <r«a« aaraiui ••rt#r «r tM laarlar CICIM art af laU aartaatil latriar af tM SaalMatl M raat tMraaf. USO itciM tM lai f. uto ticiM latt a aaralial aiik aM M railj raat SaatMattarlr. aaataraa at tmfmt. MW iKtir tM wrtft m Mat tt MIf ar tal« MatMatt taartar aa tM tM taalkaait Waataa IflM MrtaaaHarlir rt«kt awiti. • Hm aaacrtaat aa s*»T.s s'.:;v:»*s::r.’^' taatial car*a ft BlMtaa It lacaatai tMaca Mcti carM. iril.tt raat. aM tail IIm la taatlaa |l. laaataia lit aarta. Maat. taatav r I at Mfraat It tMra larataatiM. . _II Mat ar tM tta frlMiaal Mriaiaa. alaalaa a# Caaaty. ..V • *. {tH r5..af tM ttata aa aiaaatatt. Ctaflt t IIM. IBC. ««*a«* MW a I* t*«flt s&;:S:a Mta • r«r caat . aaa tt. rtat I *Baaa aaa laMt I 'iraa aaatar wwim 1 W X CITY OP ORONO P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE NO. 1412 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 6/27/89 Mary L. Petersen Box 41932 Plymouth, MN 55441 COPIES TO: TYPE OF APPLICATION: Preliminary Subdivision DATE OF MEETING: 6/19/89 VOTE: 5 For 0 Against Planning cnwission reconends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Preliminary plan dated May 12, 1989 to be revised as follows; 1. Outlot A cul-de-sac to be extended to Lot J. 2. Access should tie into McCulley Road at righ' angles. 3. Interior plat road to be extended beyond cul-de-sac (now extended to Lot 3) through to Chippewa Lane and Turnham Road. 4. Designate 33* right-of-way along the east s5de of Lot 3 (extension of west portion of right-of-way of Turnham Road). 5. Re-define setback areas of each of the proposed lots based on RR- lA zoning district standards; 100* front and rear; 50* side. 6. Re-define or re-confirm dry buildable acreage for each proposed lot excluding wetland areas and road right-of-ways. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the July 17, 1989 meeting is July 7, 1989 or August 11, 1989 for the August 21, 1989 meeting. STATE OF Ik DEPARTMENT OF NATURAL RESOURCES 296-3572 1200 Warner Rd., St. Paul, MN PHONE NO. ^MINNESODL.. ^1990 ^ 55106 RLE NO. June 29, 1989 Ms. Mary Peterson c/o Fox Fyre Estates 384 McCulley Road Orono, Minnesota 55359 Dear Ms. Peterson: I was unable to locate the road crossing easement that is alleged to exist in the S 1/2 of Section 31, Township 118, Range 23. When the supervisor of records returns from vacation, I can check further. Court house records may show the existence of an easement. I have checked with Brad Thompson, Acting Area Manager ^or Region VI Trails S, Waterways, and he has said that the Department of Natural Resources would Strongly urge the City of Orono to require future homeowners that build, or that have built houses south of the Luce Line Trail, to gaui access from County Road 84. In order for the trail to continue to be an asset to the coiranunity, road crossing roust be kept to a minimum. The trail crossing that leads to Turnham Road is not desir^le, and if possible, should be eliminatad by gaining access no County Road 84. Sincerely, 7 - fJim Bioemendai f^^gional Realty Specialist cc: Brad Thompson, Acting Area Manager, Trails & Waterways JB456:lk AN EQUAL OPPORTUNITY EMPLOYER MEMORANDUM To; From: Date: Re: The Honorabio Mayor and City Council, City- of Orono Turnham Road/Chippewa Lane Neighborhood July 20, 1989 Proposed Subdivision by Mary Petersen Attached is a petition which has been signed by at least one member of every household located on Tumham Road and Chippewa Lane. We are unanimously opposed to the construction, and even the potential construction, of a road connection to McCulley Road. For the reasons stated in the peticion, we respectfully request thit you require only the deuxcatior. ot Outlot A, which will provide a cul-de-sac off McCulley Road. Attached also for your review is a copy of a letter written by one of our members to your City Attorney. The first part relates to a matter which is no longer an issue because the Planning Commission did not require the dedication of Outlot C for a public street. The second part of the letter, however, relates tO the issue of the through road dedication. We ask that you consider those comments. TO: The Honorable Members of the Orono Planning Commission and The Orono City Council FROM: Turnham Road/Chippewa Lane Neighborhood RE: Proposed Subdivision by Mary Petersen The undersigned residents in the Turnham Road/Chippewa Lane neighborhood respectfully request that you HOT require the dedication or construction of a through road between Turnham Road and McCulley Road for the following reasons: 1. As city staff has stated, a through road is not necessary to serve the density presently allowed in our area. The proposed cul-de-sac will serve only three homes. Only one additional lot will access Turnham Road. This additional number of homes and the risk of police and fire protection being cut off are so small that the expense or need for a through street is not justified. 2. A through road will not eliminate the already existing Chippewa Lane dead end. All of the homes on Chippewa Lane will still have only one direction of access. 3. If greater density is allowed in the future, road right-of-way can be required in future subdivisions. To require it now is purely speculative. 4. Allowing through traffic will turn Turnham Road into a raceway, greatly increasing the noise and safety hazards. This added risk to public safety outweighs any risk that might exist from having only one direction of access. 5. We have chosen to live on a dead end street. We have accepted the risk of having only one access as a trade-off for certain other benefits more important to us. The people who come to our neighborhood after us will do the same. ■ TO:The Honorable Members of the Orono Planning Commission and The Orono City Council FROM: RE: Turnham Road/Chippewa Lane Neighborhood Proposed Subdivision by Mary Petersen The undersigned residents in the Turnham Road/Chippewa Lane neighborhood respectfully request that you HQI require the dedication or construction of a through road between Turnham Road and McCulley Road for the following reasons: 1. As city staff has stated, a through road is not necessary to serve the density presently allowed in our area. The proposed cul-de-sac will serve only three homes, only one additional lot will access Turnham Road. This additional number of homes and the risk of police and fire protection being cut off are so small that the expense or need for a through street is not justified. 2. A through road will not eliminate the already existing Chippewa Lane dead end. All of the homes on Chippewa Lane will still have only one direction of access. 3. If greater density is allowed in the future, road right-of-way can be required in future subdivisions. To require it now is purely speculative. 4. Allowing through traffic will turn Turnham Road into a raceway, greatlv increasing the noise and safety hazards. This added risk to public safety outweighs any risk that might exist from having only one direction of access. 5. We have chosen to live on a dead end street. We accepted the risk of having only one access as a trade-off for certain other benefits more important to us. The people who come to our neighborhood after us will do the same. WfT'’ Mayor Grabek & Orcno Council Members City Admin^ jtrator Bernhardson From: Date: Subject: Michael P. Gaffroi**, Asst Planning & Zoning A July 18, 1989 COUNCIL MEETM6 JUL 241989 I: t I Lnistrator #1416 Jeffrey Eccles, 3025 Sixth Avenue North - Variance - Resolution Zoning District - RR-IB, 2 acre, unsewered Application - Request for side setback variance to construct attached garage. List of Exhibits Exhibit A - Notice of Planning Commission Action of 7/18/89 Exhibit B - Proposed Resolution Exhibit C - Memo & Exhibits of 7/7/89 Discussion - Please review the memo and exhibits of July 7, 1989. Applicant is proposing to remove his existing attached 1-stall garage, and replace it with a 26*x26' 2-car attached garage. Applicant originally approached Planning Commission with a proposal for a 30'x30' garage being 11' from the side lot line where a 30' setback is normally required. Planning Commission tabled that proposal, requesting that applicant come back with a proposal of lesser magnitude requiring less of a setback variance. The revised proposal includes a 26'x26' garage which will be 15.2' from the side lot line at the closest point. The neighboring property owner has indicated in a letter that he has no objection, and his residence is far enough from the proposed garage that he won't be affected. At their July 17th meeting. Planning Commission voted 5-0 to recommend approval. Staff Recoomendation - Staff recommends approval per the Planning Commission recommendation per the attached resolution. liOHsjo:- ZONING PILE NO. 1416 NOTICE OP PLANNING COMMISSION ACTIONCITY P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 7/18/89 TO:Jeffrey Eccles 3025 Sixth Avenue North Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION: Variance DATE OF MEETING: 7/17/89 VOTE: 5 For 0 Against Planning Cammisslon reccxsnends the following: Approval subject to conditions noted below MOTES AND SPECIAL CONDITIONS: (Approval per revised proposal, 26'x26' garage, 15.2' from side lot line.) Applicant's next scheduled meeting is confirmed as: City Council Monday, July 24, 1989; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission./ft ~ = - -ic.^ ■t.y V ■ - A RBSOLOTIOM GRAMTIHG A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) PILE #1416 WHEREAS, Jeffrey Eccles (hereinafter "the applicant") is the owner of the property located at 3025 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage to be located 15.2' from the side lot line where a 30' side yard set- bac)c is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1416. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 17, 1989, and recommended approval of the proposed variance based upon the following findings: A) There will be minimal visual impact on the neighborhood. B) No additional run-off will be directed to the neighboring property. C) The affected neighbor h.ss expressed he has no objection to the proposal. D) The new garage will be located in the location of the existing garage and driveway. E) Other locations for the garage would conflict with well or septic system, or would not be appropriate given traffic pattern of rooms in the house. Page 1 of 4 F) Applicant has revised proposal to reduce the size of the garage to minimize the setback variance required. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of tht. Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS P»sed upon one or more of the findings noted above, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached garage located 15.2* from the side lot line where a 30* side yard setback is normally required, ^ subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on thoL date (July 24, 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 of the property. Page 2 of 4 Adopted by the City Council of the City of Oronor Minnesot!» at a regular meeting held on the 24th day of Julyr 1989. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of July, 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 To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frcai* Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 1, 1989 Subject: #1416 Jeffrey Eccles, 3025 Sixth Avenue North - Variance - Continued Public ^'^aring List of Exhibits Exhibit A - Revised Survey Exhibit B - House Layout Exhibit C - Notice of Planning Commission Action of 6/22/89 Exhibit D - Letter from Neighboring Affected Property Owner Exhibit E - Memo & Exhibits of 6/13/89 Discussion - This item was tabled at your June 19th meeting pending a revised plan which accurately depicts applicant's proposed construction. Such a plan has been submitted, along with a layout of the existing house. Note that the garage has been down-sized to 26*x26' instead of 30'x30*. This reduces the required setback variance. Thai proposal is for a 15.2* side setback where a 30* side setback would normally be required. At the June meeting, applicant provided a letter frosi tha neighboring affected property owner, stating no objection to tha earlier proposal. Staff RecosBiendation - A recommendation for approval could be supported by the following findings: 1. Minimal visual impact on the neighborhood. 2. No additional run-off will be directed to the neighboring property. 3. The affected neighbor has expressed he has no objection to the proposal. 4. New garage will be located in location of existing garage and driveway. 5. Othar locations for garage would conflict with well or septic system, or would not be appropriate given traffic pattern of rooms in house. 6. Applicant has revised proposal to reduce the size of the garage to minimize the setback variance required. • ^ --rV -V ■ U:\jx^j& Hooc^ COOI^V SfitUMiC flfO ficon 7 ■ e£tt£f 3t0 fioo>^ / ______________j KrrCifc/J — 1 f~i < / 96 Utatote^ \ N y OTff £CCL£^ zohtxtJ^ nis trr.-irX*K'!'• •- ‘ .r • y T:.-'. -Jt’-U-- ."7 ^ * **i. *■ '**- ,r „'•-— -r^STT V-- . -,!• -1 ^J%. : 1-r ^ “ ;. • - . -1^-. ,i;";.' -r..:!.. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 ZONING FILE NO. 1416 NOTICE OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 6/22/89 Jeffrey Eccles 3025 Sixth Avenue North Long Lake, MN 55356 COPIES TO: TYPE OF APPLICATION: Variance DATE OF MEETING: 6-19-89 VOTE: 3 For 1 Against Planning CciBiission reconends the following: Tabled for reasons noted below NOTES AND SPECIAL CONDITIONS: Planning Conunission tabled this item pending receipt of the following: 1. Revised proposal indicating 2:>w-curate proposed location of garage. 2. Indication of hardships that justify the need for proposed 30* garage width, or provide drawings to show other size/location alternatives and indicate why they won't work. 3. Floor plan of house and garage, plus elevation views of garage proposal, would be helpful for review. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the Monday July 17, 1989 meeting is July 7, 1989. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. -Z- ^/j*v<i co^O /1Z5 tsu>C\ fc/^21 h^'^ li, A //Ny To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: June 13, 1989 Subject: #1416 Jeffrey Eccles, 3025 Sixth Avenue North - Variance - Public Hearing Zoning District - RR-lB Application - Request for side setback variance to construct attached garage. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Pertinent Pacts - 1. Proposed Side Setback Required Side Setback Variance = 18.9' 11.1' 30' 2. The proposed garage will replace an existing one-car attached garage with a larger garage. Applicant notes that his hardship is existing location of the driveway and garage in addition to the location of the existing house near the northeast corner of the lot. The proposed garage location would make use of the existing driveway. Discussion - The proposed location for this attached garage is appropriate given the existing driveway. Moving the garage to the rear of the house would encroach on the existing septic tanks. Moving the garage to the front of the house would conflict with the existing well, and would require a front set back variance. Placing a new garage on the west side of the house would create a need to significantly change the driveway configuration. Applicant has not indicated reasons why he requires a 30' garage width. Obviously, a narrower garage would leave a greater setback to the lot line. The nearest residence to the east is approximately 110' from the proposed garage. As of this writing, that neighbor has not commented on this proposal. m Zoning File #1416 June 13r 1989 Page 2 of 2 The proposed garage will have no significant effect on drainage. Drainage is generally from east to west in the area of the garage, hence no additional run-off will be directed to the neighboring adjacent property. Staff RecoBMendatlon - From a visual impact standpoint, this proposed addition will not tend to increase the visual density of the neighborhood, since the neighboring residence is so far away. If the Planning Commission feels the applicant has reasonable hardships to justify granting the side setback variance, a recommendation for approval would be in order. iC- CITY OP OROHO - VARIANCE APPLICATION Initial Application Fee $150 JO / ^ ($50.00 per each additional variancs’r'"^ .•n a iLmRenewal Variance Fee $75.00 (no change from original applicatioh After-the-Fact Fees (Double application fee) PROPERTY LOCATION Site Address , CgOXjrV CCAC 4__________________ Property Identification Number (P.I.D.) ^2^)I Please check one - Property abstract or _ _ torrens? Attach legal description to application if not included on required survey. APPLICANT Phone (home) _ _ _ _ Name _ _ _ _ Phone (work) ! Address ><O^C 4 City; _ _ _ _ Zip; J i; ■“ “ -A * •. •. « « • .» .V • OWNER (if Name •‘erent than applicant)Phone (home) Phone (work) Address: Date Property Acquired _ _ _ City; 7~^ Zips SAr^ (month/y«ar) I (do )^‘"^j£no^ also own the adjacent parcels of land, PRESENT OSE OF PROPERTY ;>Present Zoning District /_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Use of Property Other (specify) Rasidantial DESCRIPTION OP REQUEST Estimated Construction Cost S ^QOQM Describe request in detail; // ^AST LOT VARIANCES RBQUIRSD _ _ _ Lot Area Setback Variances ( Other Lot Width Front Hardcover Side Rear) jyuhiiir HARDSHIPDescribe undue hardship or practical .difficulty reaultiM frM strict enforcement of jrnlna. reaula^ons; - -- - _______ni_____________-------------------------------------------——------------- DESCRIPTION OF DHDSXJAL PROPERTF COHDITIONS •» 4 Describe unusual property conditions preventing cq^l^ce with Zoning Code Recmirements; CyrtyrU/^ M ___-________-------------------------------------- ~ yk^DIRBD SUBMITTALS >4! Certified Property^ Owners List of owners within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 3. StampedV legal sized envelopes (#10) pre-addressed 5^. ^0 names on the abo\e list with no return address (use address labels obtained with property owners list). A Certificate of survey including hardcover calculations as required. )(5* Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. Plat Map (obtained with property owners list). 14 «4- of 1C7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. /I 8. Additional items as may be requested by City staff^_____________________ The Aoolicant and Property Owner must sign this application. Please reLmber th^t your variance application is not complete if the above information has not been included. ______________—__—__ Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature_____________________________________________________ agrees to provide all information required or reaue^ted by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this the information supplied is true and correct to the best of his/her knowledge. . . j Applicant's Signature - - - - ackowledges and agrees to this application authorizes reasonable entry onto the property by City staff, consultants^ agents. Commission members, and Council members for purposes of investiga tion and verification of this request. owner's Signature __________-------------------------------------- AppIIcInrmusVhlve a^^to^ala into the City offices 2S <5*?“ ‘’fj°te the PlLning Commission Meeting. Planning Commission “®«ti"^ "y, ^Vched"ale^ third Monday of each month. Applicants must be «t all sched ueu review meetings of the Planning Commission and Council. If *" unable to attend a scheduled meeting, please Mke “"“ng^ent? to have_^ authorized agent attend in your place and to advise the Building y Office of this change prior to the meeting. '> Q RUN DATE (K/27/89 BATCH BOA 38 28-U8>23 31 0001 PROP AOOR 02940 SIXTH AVE N OMCR NAME JOHfT XND SCH DIST NO 287 TAXPAYER JOINT IND SCH DIST 287 NAME/AOOR 1820 NO XENIUH LANE HPLS MN 55441 HENCPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY 0»MERS LIST 38 28-118*23 31 0004 02995 JAHESTOMN RO J t K SNANSON JAMES T SNANSON 2995 JAMES TOHN RO LONG LAKE fM 55354 REPORT NO. PI435401 PAGE 14 38 28-118-23 32 0002 03020 SIXTH AVE N FAN BUSCHBOH FLOYD E BUSCHBOH 1150 HOMESTEAD TRAIL LONG LAKE M4 55354 a a (I c. o. n; r PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR OlfCR NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 38 28-118-23 32 0003 03040 SIXTH AVE N E A JOHNSON ETAL E A JOHNSON 3040 4TH AVE NO LONG LAKE m 55354 38 28-118-23 33 0008 03045 JAMEST0M4 RO GREGORY R RUSCH « HIFE GREGORY R RUSCH 2570 PLAZA HERMOSA LAKE HAUASU CITY AZ 84403 38 28-118-23 34 0002 00038 ADDRESS UNASSIGNED JAMES R 6RABEK ET AL JAMES R GRABEK 3050 JAMESTONN RO LONG LAKE MN 55354 38 28-118-23 32 0008 03045 SIXTH AVE N JAB RYDER JOHN D A BARBARA Y RYDER 3045 4TH AVE N LONG LAKE 194 55354 38 28-118-23 33 0015 03050 JAMESTONN RO J R GRABEK A P J GRABEK JAMES R A PENELOPE J GRABEK 3050 JAMESTONN RD LONG LAKE MN 55354 38 28-118-23 32 0009 03025 SIXTH AVE N JEFFREY S ECCLES JEFFREY S ECCLES 3025 4TH AVE N LONG LAKE HN 55354 38 28-118-23 34 0001 00038 ADDRESS UNASSIGNED SCHOOL OXST NO 278 SCHOOL DIST NO 278 TOTAL BATCH 004 00010 DATE PROKRTY T^TION* 1 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 NY KNONLEOGE AND BELIEF. Q r „ coyNH-59^®^ “■* « TO:Mayor Grabek and Council City Administrator Bernhardson COUNCH MEETIMI JUL 241989 cmroFORONo FROM: Michael Gaffron, Asst. Planning & Zoning Administrator July 19, 1989DATE: SUBJ:#1420 Kevin/Earl Norwood, 1360 Vine Place - Variance Denial Resolution List of Exhibits - Exhibit A - Notice of Council Action, 7/18/89 Exhibit B - Calculation of Proposed Assessment Refund Exhibit C - Proposed Resolution Exhibit D - Memo and Exhibits of 6/29/89 Discussion - At your July 10, 1989 meeting, Council moved to conceptually deny the requested subdivision, and to conceptually approve a rebate of the second sewer stub assessment, directing staff to determine the dollar amount of a potential refund. Additionally, based on Council's conceptual action, staff has drafted a resolution for denial of the proposed subdivision. Staff is recommending that an appropriate refund amount would be equivalent to the amount that was originally assessed, plus interest due to inflation. This amount is equivalent to the connection charge that would be charged for any property owner wishing to "buy into" a given sewer project, as shown in the current fee schedule. For the 1970 LS-1 sewer project by which the Norwood property is served, based on a unit and front footage basis, the refund amount is calculated at $5,905.84 (see attached Exhibit "B"). Although a refund of previously paid assessments may be the most fair and appropriate action for Council to take in this case, staff would caution that this may be precedent setting. In past cases where lot area variances and buildability have been denied, previously paid assessments have never been refunded, to the best recollection of staff. The following is a list of properties denied lot area variances and buildability since 1982, which had been assessed for and served with municipal sewer; none received a sewer assessment refund after derial: ADDRESS OWNER YEAR DENIED ZONE 3545 Ivy Place "Home Builders"1983 LR-IC 493 Park Lane Fisk 1984 LR-IB 3990 N. Shore Dr.Hedlund 1985 LR-IC 3598 N. Shore Dr.Labresh 1986 LR-IC *4115 Highwood Rd.Henrich 1987 LR-IB *3036 Casco Pt. Rd.Glover 1983 LR-IC *Applica:.t withdrew application just prior to anticipated Council Denial Action. The only "refunds of sewer assessments" that have occurredi in the past have been reductions of outstand 1 nq assassaant balances for multiple commonly owned lots with excess sewer units that were combined with adjacent lots when developed. While staff does not have a strong inclination regarding whether or not the current applicant should be given a sewer assessment refund, it would appear that granting a refund would be a change in a longstanding, apparently unwritten. City policy. Staff Reconmendation - Staff recommends adoption of the attacned resolution for denial of the proposed subdivision. If Council wishes to grant a refund for the sewer stub that was assessed but which applicant will not be allowed to use, the recommended refund amount per the 1989 fee schedule equivalent is $5,905.84. The refund, if offered to the applicant, should be in the form of a separate motion from the resolution of subdivision denial. A resolution for approval of a refund detailing the specific and unique circumstances of this refund can be drafted for your next agenda. APPLICATION NO. 1420 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OP COUNCIL ACTION Date of Notice: 7/18/89 TO: Kevin Norwood COPIES: Earl Norwood 2210 South Plymouth Rd, Unit #117 1360 Vine Place Minnetonka, MN 55343 Mound, MN 55364 TYPE OF APPLKMION: Subdivision DATE OF MEETING: 7/10/8 9 VOTE: 5 For C Against COUNCIL ACTION - MOTION: Council moved to conceptually approve a rebate of the second seweiT stub assessment, staff to determine the dollar amount of the rebate and bring back for final action on July 24. The Council motion inferred that final action would be to deny the requested subdivision and variances, and approve a rebate of previously paid assessment for the second sewer stub. This item is scheduled for Council action at their regular meeting of July 24, 1989. Meeting scarts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. . f.- ammm ^y’! JSyo ^-/ Seyo^ PeolecT -i7>::. ■!» ' m .^\ A^SSZY'^T t ........^ izvoVt^mr /"LKi --"--------------- #................................“ * ■7. SO />kfK. poc^-iT Pbe>T~ /‘fS- C/2<T^etTS ^a-frT©i?»_ Sy.^ft __^>/e(6,jwAt^ AsitrxrApAOT-^ • ...................... ■jil' 2-/. 2>S.y^^r>otfr ....... ■ ........./U6,eoJe>oti> »^AS cyU&n^i^iL.'i (j^Pry^t- _________ /=<*-©r^. 2 J ________ 2: HAJiTt AT' rl^'zsyo 2-/^. 2,r 4vo-o<-<'ce'<r AT -7. . *^/t7fi2 / CO c4 MircrjoNl 2ir • =>« ■pj^ccs!,w»#AeMt>€£i * i/lll.|€ . oo --+' . ^ 2. M/J iTi ~ / t*-<^ tf" .... -C*t.t » /P7,i'4^ -C^. Sfytfr fPaeo^^ X)i/^ r^ CV(i^A^T fij>^ ^J€" Howj^ *T • tPpPeA.ry <9t^jAifig^TR gw V /rxrp tW 'UsTT^Vx AW l^StS.^riT'/f^^mtTi^L #3SC»J.? */„_> /WJ.T- A 3rz./.^y £L2.u'^&^y.c>:i,L3'TMi - 'V,. r *-J ■« _ _ _ .‘sTs^ - ^.-» A RESOLUTION DENYING SUBDIVISION OF PROPERTY AT 1360 VINE * ''E PILE #1*. WHEREAS, the City of Orono is a Municipal Corporation organized and existing under the laws of the State of Minnenota; and WHEREAS, the City Council of the City of Orono has adopted «-ubdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by Earl and Kevin Norwood, the subdividers (hereinafter "the applicants") for property located at 1360 Vine Place in the City of Orono and legally described in Exhibit "A" attached; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et seq., and the City of Orono Zoning and Platting Codes, the Orono Planning Commission ^6ld a public hearing on June 1 9, 1989 , at which time all persona desiring to be heard concerning this application were given the oi •?ortunity to speak thereon; and WHEREAS, on June 19, 1989, the Planning Commission voted 4 to 0 to recommend denial of the proposed subdivision; and WHEREAS, the City Council of Orono reviewed the subdivision request at their regular meeting of July 10, 1989, and voted 5 to 0 to direct staff to draft a resolution for denial; and WHEREAS, the Orono City Council hereby makes the following findings of fact regarding this subdivision application; FINDINGS 1. The property is located within the LR-lB Single Family, Lakeshore Residential zoning district requiring a minimum of 1.0 acre of dry buildable land and 140* of lot width for each buildable lot. Page 1 of 8 1 2. The property contains 1.58 acres in total lot area# all of which is considered as dry buildable land. 3. The proposed subdivision contains two lots. Proposed Lot 1 contains the existing residence and detached garage# and contains approximately 0.62 acres in lot area and 76* in lot width. Proposed Lot 2 is proposed as a new vacant building site# and contains 0.96 acre in total lot area and approximately 300* in lot width. The lot area of Lot 2 by definition is r':.duced to approximately 0.90 acre due to the reduction for a driveway easement bisecting the property. 4. Proposed Lot 1 requires a lot area variance of .38 acres or 38% and a 2 requires a lot width variance of 64* or 46%. Proposed Lot lot area variance of 0.10 acre or 10%. 5. The property is served by two existing sewer stubs, one of which is currently used for the existing residence. The property was assessed a total of two sewer units as part of the 1970 LS“1 sewer project. 6. The proposed subdivision would leave an excessive amount of hardcover on Lot 1 with the existing residence. In the 250-500* zone, hardcover on Lot 1 would be 74.13% where a maximum hardcover allowance of 30% normally applies. Lot 2 would not require a hardcover variance, and could potentially be developed without the need for a hardcover variance. The property in total contains approximately 16.4% hardcover in the 75-250* zone, and approximately 17.9% in the 250-500* zone, conforming to the maximum respective 25% and 30% hardcover allowances for a single lot. However, in order to have Lot 1 continue with conforming hardcover percentages, the 250-500* zone area for Lot 1 would have to increase by approximately 8,176 s.f., which would make Lot 2, the proposed building site, even more substandard in lot area. 7. The Orono Zoning Code has required a minimum of 140* width and 1 acre building lot size for this property since 1959. Page 2 of 8 •*-* wv. r—V r*<- 8. In 1975, the applicant requested and was granted variances to front and side setbacks to construct a detached garage on the property. The City granted variance approval subject to legal combination of the four individual tax parcels existing at that time, so that the detached garage would be on the same parcel as the principal structure, per the requirements of the Municipal Zoning Code in effect at that time and still in effect today. The configuration of the four individual tax parcels was such that all four had to be combined in order to place the garage on the same parcel as the house. City Council Minutes of November 24, 1975, indicate then Zoning Administrator Henry Muhlch, had discussed the substandard status of the four parcels with the applicant and applicant had agreed to the combination of the four parcels if the variances were approved. The combination occurred in July, 1976. 9. Lots 1 and 2 as proposed would not only require variances to the Zoning Chapter, but to Section 11.31, Subdivision 2, Lot Dimensions and Subdivision 3, Lot Area Minimum, of the Subdivision chapter because minimum standards of the LR-IB zoning district cannot be satisfied. 10. The property, consisting of portions of Lots 3, 4, 12, 13 and a portion of vacated Canal Street, all within the plat of Saga Hill Revised, was originally platted in 1887, and modified to create the existing lot boundaries at some undocumented time thereafter. 11. The existing residence on the property was apparently constructed in 1950, prior to adoption of the lot standards currently in effect today. 12. The Planning Commission at their meeting of June 19, 1989, recommended denial based on the following findings: a) The subdivision creates two substandard lots from one conforming lot, thereby setting an adverse precedent. Page 3 of 8 b) Approval would be inconsistent with the City's established policy of denying lot area variances associated with subdivisions. Such a policy has been adhered to since establishment of the current Zoning Code in 1975. c) The proposal results in the need for a hardcover variance in the 250-500* zone for Lot 1. d) Prior assessment for municipal sewer does not in of itself constitute grounds for approval of lot area variances to create a subdivision. e) The extent and number of variances sought is excessive. f) Applicant has not submitted evidence of a hardship which is unique to the particular circumstance. Many properties are similarly situated in the LR-IB zoning district. 13. The granting of the lot area, lot width and hardcover variances would result in the following violations of Section 11.02r Subdivision 10» the Subdivision Regulations with which the applicant must first comply before the required variances can be granted: a) The applicant has not unusual hardship on the Ian,? ' variances to the subdivisi^v f v . to demonstrate an ;ant the granting of b) The proposed subdivision with multiple variances will pose a detriment to the public welfare by permitting more intense development of sensitive lakeshore zoned property within the neighborhood served by Vine Place# consisting of 9 existing residences of which 7 are already on properties less than the required one acre in area in the LR-lB zoning districti c) Applicant has failed to demonstrate that there exist unique conditions to the property to permit the granting of these multiple variances; Page 4 of 8 d) To not enforce the standards of this Chapter and permit these variances would result in environmentally unsound development and be in complete conf lict with the overall policies and goals of the Comprehensive Management Plan of the City as followss Orono's Planning Goals - 7, TO PROMOTE DEVELOPMENT IN THE CITY AT DENSITIES CONSISTENT WITH ENVIRONMENTAL PROTECTION AND THE PLANNED LAND USE PATTERN. Orono's Planning Policies - 1. FUTURE DEVELOPMENT WILL BE GUIDED TO PROTECT AMD ENHANCE THE LAKE MINNETONKA WATERSHED. Lake Minnetonka has local and regional significance as a vital ingredient in human experience and in the quality of life of all Orono residents. No development will be permitted that would have a detrimental effect on the Lake. 6. NATURAL FEATURES AND SENSITIVE ENVIRONMENTS WILL BE PROTECTED BY ORDINANCES BASED UPON EXTENSIVE INVENTORY, ANALYSIS AND ESTABLISHED ENVIRONMENTAL PROTECTION GUIDELINES. Natural resource information will be used and evaluated in review of all land use developments. Ordinance provisions will be reasonably established, fairly interpretted and strictly enforced. Urban Planning Policies - 4. URBAN DEVELOPMENTS WILL BE CAREFULLY SCREENED FOR ENVIRONMENTAL SENSITIVITY. Most of Orono's urban neighborhoods are located very close to Lake Minnetonka, therefore any urban development has the potential for direct, adverse impact on the lake. Storm water runoff control, erosion and sedimentation are particular concerns requiring careful design attention in all new urban developments. In addition, particular care will be taken to preserve open spaces, wooded areas and solar access. Page 5 of 8 '■m e) The multiple variances sought by this applicant will greatly vary the minimum requirements for a new lot within the LR-IB zoning district. 14. At the Council Meeting of July 10, 1989, when Council conceptually denied the application for subdivision and variances, members of the Council advised the applicant that a subdivision that needed variances to the minimum lot standards for the creation of a new building site would have to be denied by the City. 15. Since January 1, 1975, with the Inception of the current Zoning Code and the adoption of new standards for lakeshore development, the City Council has not granted variances to the minimum lot area standard with subdivisions that create new building sites. 16. In granting multiple variances to lot standards such as requested in this application. Council would abandon a long standing established policy in the review of subdivision applications and thereby establish an adverse precedent in the future review of similar applications. 17. Legally combined lots can only be separated per the standards and directives set forth in Chapter 11, the Subdivision Regulations of the City, as follows: a) Legally combined lots separated on existing lot lines are not subject to the regulations of this chapter if the resulting parcels meet the requirements of the Zoning Chapter of the City Code. b) Legally combined lots separated on existing lot lines are subject to the regulations of this chapter if the resulting parcels do not meet the requirements of the Zoning Chapter of the City Code. c) Legally combined lots separated by a proposed new division line are not subject to the regulations of this chapter if the resulting parcels meet the requirements of the Zoning Chapter of the City Code. Page € of 8 d) Legally combined lots separated by a proposed new division line are subject to the regulations of this chapter if the resulting parcels do not meet the requirements of the Zoning Chapter of the City Code. The proposed subdivision falls under category "d" above, being a total of 4 lots legally combined for tax purposes with a proposal to separate the total of 4 parcels into 2 total parcels by a proposed new division line which does not follow any of the existing lot lines. 18. When 2 municipal sewer units were assessed to the property in 1970, that assessment anticipated the potential possibility that variances might be granted for construction of a second residence on the property. However, assessment of the second sewer unit did not, in and of itself, grant the property owner a future right to build a second residence on the property. 19. Denial of the requested variances, and therefore denial of the subdivision application, does not constitute a having of property or loss of substantial value becau?:? rV* property has always been one residential building siiie. H of which has served as lot area, yard and open space fo\\ residence which continues to occupy said property. the applicant of his own free will combined the four pre~ existing tax parcels into one tax parcel defining the property as one property containing one residence in 1976, and has enjoyed its benefits as a fully conforming residential lot within the LR-IB zoning district since that time, and can continue to enjoy the same benefits and value without the requested subdivision. HOW, THBRBFORB, BE IT RESOLVED, that the City Council of the City of Orono hereby denies Kevin and Earl Norwood's requested subdivision of the property and further denies any and all variances from Zoning Code performance standards, which variances would have been required in order to approve the said subdivision, based upon one or more of the findings of fact concerning this property noted above. Page 7 of 8 Adopted by the Orono City Council on this 24th day of July, 1989. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr. Acting Mayor STATE OF MINNESOTA) ) S8 . COUNTY OP HENNEPIN) The foregoing instrument was acknowledge before me on this 24th day of July, 1989, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Acting Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrumenc was executed on behalf of the City. Notary Public My Commission Expires Page 8 of 8 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Proa: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: June 29# 1989 Subject: #1420 Kevin Norwood, 1360 Vine Place - Subdivision Zoning District - LR-IB, single family residential, 1 acre minimum lot size List of Exhibits Exhibit A - Planning Commission Notice of 6/22/89 « Exhibit B - Additional Materials Submitted by Applicant A-O'-7*^"^. Exhibit C - Memo & Exhibits of 6/14/89 Discussion - Please carefully review the memo and exhibits of June 14.» 1989. Briefly, the applicant is proposing to divide a 1.58 acre single tax parcel into two lots, to create one new building site. The Planning Commission initially tabled this itin. to allow the applicant, at applicant's request, more time to review the issues related to this subdivision. Planning Commission gave the applicant conceptual direction that the subdivision would probably be recommended for denial. Later in the meeting, applicant returned and requested Planning Commission make a recommendation to Council so that this item could be moved along. Planning Commission recommended 4-0 to deny, following basis: on the 1. The subdivision creates 2 substandard lots from 1 conforming lot, thereby setting an adverse precedent. 2. Approval would be inconsistent with the City's established policy of denying lot area variances associated with subdivisions. Such a policy has been adhered to since establishment of the current zoning code in 1975. 3. The proposal results in the need for a hardcover variance in the 250-500' zone for Lot 1. 4. Prior assessment for municipal sewer does not in and of itself constitute grounds for appr-'val of lot area variances to create a subdivision. 5. The extent and number of variances sought is excessive. Zoning File #1420 June 29, 1989 Page 2 of 2 6. Applicant has not submitted sufficient evidence of a hardship which is unique to the particular circumstance. Many properties are similarly situated in the LR-IB zoning district. As of this writing, applicant has not submitted additional information in support of his request. Additional Information will be forwarded as soon as it is received. Staff Here—lendation - Per the recommendation of the Planning Commission, staff recommends denial. Staff will draft a resolution reflecting Council's action on this application for your next meeting. Z01IIH6 FILE HO. ..-1420 Cllt OP HOTICB OF PUUraiHG COMMISSIOH ACTIOH MN 55323 473-7357 _________________ TOr"iivirHo«o^ TOs ^rl 2210 So Plymouth Rd #117 *360 vine f Minnetonka, MN 55343 _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ TIPS OP APPLICHTIOH: Subdivision _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DAZB~OT~imnii6t 6/19/89 VOTE: (sea below) Planning CoBission recommends the following: Denial for reasons noted below NOTES AHD SPBCIM. CONDITIOHS: 4 L^*oJS»in"d d«Ta\”°B.sfs‘?;r denrfl ‘jferVeirourdrscussTon and staff memo): 1. The subdivision creates 2 substandard lots from 1 conforming lot, thereby setting an adverse precedent. 2. Approval would be inconsistent with the policy of denying lot area variances associated with subdivisions. Such a policy has been adhered to since establishment of the current zoning code in 1975. 3. The proposal results in the need for a hardcover variance in the 250-500* zone for Lot 1. 4. Prior assessment for municipal sewer does not in and of itself constitute grounds for approval of lot area varian create a subdivision. 5. The extent and number of variances sought is excessive. 6 Applicant has not submitted sufficient evidence of a which^^^is unique to the particular circimstance Many properties are similarly situated in the LR-IB zoning district. Applicant's next scheduled meeting is confirmed a^ 7,nn „ m City Council Monday, July 10, 1989? meeting starts at 7:00 p.m. If you desire certified copies of the °fflcial Planning minutes, they are available from the City Recorder afte approval by the Planning Commission. ,T,r- ■ MUrUStU SUBOIVISIOH for t*rl • (•Tin Nornood In lull 3. 4. 12 4nd 13. Hock S444 HI 111 *•>Ii»d M«nn«oin CUuntf. Ninnoioto M lOo 4»r Mtt* nfM4»w44 0 mm** • ••••»•« 0**t - /»r - t *K Ptorosto SUIOIIISIOR tor tirl • l#»in Hor-ooa In Loti 1. «. II •»« IJ. *’• S«f« HI III Itflind Hinnipin CQvnlirt Hinntioli tto loltnmnt n*«rlb*H tnmrtr *11 17. Urn mu17. mu kpvtani. namm** iMtarW trm ' U»»'jz zrii’47^va^ lit taltSiltirlT Cr. o- Itortl—.frlr is S.‘S!S'-"Sr.S - <!5 iijj-.S. trmm tnm U» MrWMi M. mM nyMtvinli*. «• • »»>** ^ * !!T* „lr trm Urn Iwtm-tnrly nnmy^ II. Ilaek 17. MB «■» lortlMi •! tn* Um nr— Ir- ““ o( Min Lat U. ■»«* >!• .w iMUanfe —lr trm U» mrUMnt mrmr nf mM l«t 12 to • Mini m tm Ik 17. nutMt U.* iMi I'*^ U. •ImTu. nutMt U.* tmx HMMf^ 1— V «• tm oMtarllk^ •lilJ’tli'iSS * • kf «»* fktiMUn n— * 9^^^ ** Mortkirn If llM Am Min latia •» nKn« » » lMthM«tarl»wA ^M — I • 3fw* — •<»«“ MMt llM kf Min u ^ u-.^ ir;—i—to k«Mn>. —^ ^;is:ri:‘k;:ii‘:r-ii:=rin:;r Hr p—aak. kf ttu •»— tHt r: H5=k'tr;s:trrirr v^^JLr^ Ji. Itoru—ir likk ft kkin Lki « Ml — ^ ^ ^^ Itort—kMrlr U*» kl Ml z' kMMrllM kf Min Lot 3. ^ iMllMkn M MTt kf tkk BMlk: r ■ 30 ‘ Hkr* «. QrMHrt , Uc. H. UW ta»€A.gat gfiarfi/S 4»r / «Mrr • '•rr' ra'-iJf nrM/4^ /•/ "P • yrnr •jjiff • 9€jr #JL/f k'-rr' yrm« /<♦** • /« #»# <• r»r J •fk m m ant - t»*a rtr » a.ra a/_ na th^ iOo To: Mayor Grabek & Orono Council Members Plcuming Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frcn: Michael P, Gaffron, Asst Planning & Zoning Administrator Dates June 14r 1989 Subject: #1420 Kevin/Earl Norwood, 1360 Vine Place - Subdivision - Public Hearing Zoning District - LR-IB, sewered, 1 acre minimum lot size Application - Request to divide 1,58 acre single tax parcel into 2 lots, to create one new building site. ;st of Exhibits Exhibit A “ Application Exhibit B - Plat Map Exhibit C - Property 0%/ners List Lxnibit D - Survey Exhibit E - Documentation, 1975 Garage Setback Variance Exhibit P - Documentation, 1976 Oversized Ac:, ssory Structure Variance Exhibit G - ••so. Sewer Stub Location Pertinent Code Sections - Section 10.24, Subdivision 5 (B). Standards for LR-IB district: Lot Area Minimum = 1 acre. Lot Width Minimum ** 140' Section 11.03.24, 11.03.65 & 11.03.66 (definitions). By defini- tion, multiple parcels legally combined into 1 parcel for tax purposes, are subject to subdivision procedure to detach or rearrange lot lines of such parcels. Minimum lot area is exclusive of vehicular easements. Pertinent Pacts - 1. The applicants propose to split off a second i - ng site from this 1.58 acre tax parcel. Tne proposal requires a number of variances, as follows: LOT 1 (existing house) A Existing Hardcover____ Proposed: Lot Area 0.6^ ac Lot Width* 76' 0-75' 1.17 % 75-250' 25.00% 250-500' f: 13% Required;1.00 ac 140'0%25% max.30% max. Variance:• 38 ac 64'1.17%-44.13% * Lot (38%) width at 3f (4n%) setback from Vine Place right--of-way Zoning File #1420 June 14r 1989 Page 2 of 6 Proposed Required Variance 2. 3. 4. Lot Area 0.96 ac (0.90 ac**) 1.00 ac .04 ac (.lOac**) LOT 2 Lot Width* 300' + 140 Existing Hardcover 0-75*75-250' 11.05% 250-500' 3.62% 0% 25% max. 30% max. (see Item 4*below) ** Excluding driveway serving neighbors The proposed dividing line was apparently located as presented for a number of reasons: A) The proposed line leaves exactly 25% hardcover in the 75-250 me for the existing development on Lot 1. B) This 1 . > also leaves a setbaclc of approximately 7* to the driveway serving the existing residence. Applicant feels such a setba^jc is appropriate and necessary to maintain the character of his property. Consequently, Lot 2 ends up 0.04 acre short of 1 acre. Technically, the subdivision code definition of requires exclusion of vehicular easements from the definea lot area. Although applicant has not provided documentation of existing easements on the survey, staff must presume that an access easement exists over proposed Lot 2 to serve the residences at 1330 and 1350 Vine Place. The paved area of that private driveway is approximately 2,800 acre, hence the defined proposed lot area for Lot 2 is 0.90 acre or less. Planning Commission may wish uo J^e^iew the definitions in Sec .on 11.03.24 and 10.02.34 and consi .er whether this driveway ma)ces the northerly and southerly portions of Lot 2 non-contiguous. The probable buiIdling site on Lot 2 is north o le driveway, mostly ir the 250-500' 250-500' zone fo- Lo * 1 was expanded to make Lot 1 s^su 500' zone confo.' ; >rdcover limits, the .ine would mov . th about 65'. On the other hand, if the 250-500' hardcc variance for Lot 1 is granted, with the proposed dividing line. Lot 2 would have imple hardcover allowance to develop a residence within the hardcover limits. Zoning ?lle #1420 June 14 r 1989 Page 3 of 6 Note that the existing 1.58 acre parcel currently conforms to hardcover limitations in both the 75-250 and 250-500 zones, with the lakeshore access walkway being the only hardcover in the 0-75* zone, as shown in the following table: Pre-Existing Hardcover - Combined Properties 5. 6. Zone 0^^7!T Area 7,00Tri7f. + 75-250* 41,590 s.f. 250-500*20,560 s.f. KBSBBSSBCSSSSS 69,150 s.f. Hardcover 82 s.f. + 6,832 s.f. 3,678 s.f. r=========== 10,592 s.f. Percentage 1.17% 16.42% 17.90% This property was originally zoi ‘ for 75* frontage, 15#000 s.f. minimum building lot size as of November 20, 1950. Subsequent ordinances in 1958 and 1959 resulted tn establishing a minimum building lot size of 1 acre, and a minimum of 140* width at the building line for any new residential use. Since that time, the property has continually been zoned for 1 acre minimum lot size, 140 minimum lot width. The property was served by sewer in 1970. At that time the property existed as 4 separate tax parcels. The City apparently originally intended to assess the property for 3 sewer units and provide 3 sewer stubs. City files indicate the assessment was thereafter reduced to 2 sewer units, and 2 stubs were provided, 1 of which was used for the existing house. A single sewer stub is available for potential use by Lot 2, and the assessment for same has been paid. Staff has found no documentation indicating reasons why multiple sewer units were given to a property less than 2 acres in area in a 1-acre zone. It probably had to do with the uncombined nature of the 4 lots. Zoning File #1420 June 14, 1989 Page 4 of 6 7. In 1975, Earl Norwood requested and was granted variances to front and side setbacks to construct a detached garage on the property. The City granted variance approval subject to legal combination of the 4 individual tax parcels, so that the detached garage would be on the same parcel as principal structure per the requirements of the zoning code (Section 10.03, Subdivision 9). The configuration of the 4 individual tax parcels was such that all 4 had to be combined together in order to place the garage on the same parcel as the house. Council minutes from Novembe? 24, 1975 indicate Zoning Administrator Henry Munich had disf.ussed the substandard status of the 4 parcels with Norwood, and Norwood agreed to the combination if the variances were approved. In August 1976, Norwood requested a further variance to approve an accessory structure area variance of 176 s.f. to make the proposed detached garage 1,176 s.f. total. That variance was granted on the basis that the individual oarcels had been combined. That combination occurred in July 1976. 8. Lot 2 as proposed will have no legal lake access. Discussion - Staff has been unable to find evidence and is unaware of any past City approval of similar requests to divide previously combined substandard lots to create substandard building sites. The most similar application found is that of Duane Hall at 1860 Shadywood Road, where a legal combination of 2 parcels totaling 0.9 acres in a 1/2 acre zone was denied a subdivision reque.* for a number of reasons including the creation of substandard building sites from a conforming lot. The resolution denying Hall's variance stated that, if the reque -c-d multiple variances to lot standards were granted, Cour.i ’ 1 would abandon a long-standing established policy in the review of subdivision applications and would establish an adverse precedent fo" the future in similar applications. In addition, the resolution noted that the City Council has not granted variances to the minimum lot area or width standards with subdivisions that create new building sites since adoption of the current zoning code in January 1975. ■'•y. Zoning File #1420 June 14, 1989 Page 5 of 6 Certainly, dividing a 1.58 acre single tax parcel into 2 lots of 0.62 and 0.96 acre respectively, would be contiary to established City policy. Further, the City has in the past denied lot area variances for individual lots which had been assessed for a full sewer unit, hence the City has established a precedent that previous sewer assessment is not a legitimate or compelling basis in and of itself for granting lot area variances . Notwithstanding the apparent adverse precedent that would be set in granting thxs application. Planning Commission should consider the merits of the proposed building site. What effect does the bisecting driveway easement have on the buildability of Lot 2? From a hardcover standpoint, aside from the variance needed for Lot l*s 250-500' zone, it is certainly feasible to develop a new residence and driveway on Lot 2 that meets the hardcover limitations for Lot 2. Note that it would be consistent and appropriate for the City to require acces via the existing easement driveway, rather than a new curb cut to Vine Place, which is a City road. Finally, consideration should be given to whether or not a setback would be required from the existing easement driveway. Although it is unlikely the applicant would build right up to the driveway, a setback restriction could be included in your recommendation should you consider an approval. Staff Recommendation - Planning Commission is requested to consider the merits of the proposed building site weighed against the precedent that would be set by granting approval. The applicant can create an attractive, albeit substandard, building site that meets the hardcover requirements. At the same time, this creates a r*'bstandard lot for the existing house. Of course the downside risk for the City is that approval would open the floodgates for potentially dozens of requests for creation of substandard lots. If Planning Commission recommends approval, you should address any specific conditions to be placed on Lot 1 or Lot 2, and might include the following findings in support of the approval: 1. Lot 2 can be developed without the need for setback or hardcover variances. 2. A sewer stub is available for connection, and the property was originally assessed for 2 sewer units. A recommendation for denial might include the following findings: Zoning File #1420 June 14, 1989 Page 6 of 6 1. The subdivision creates 2 substandard lots from 1 conforming lot, thereby setting an adverse precedent- 2. Approval would be inconsistent with the City’s established policy of denying lot area variances associated with subdivisions. Such a policy has been adhered to since establishment of the current zoning code in 1975. 3. The proposal results in the need for a hardcover variance in the 250-500* zone for Lot 1. 4. Prior assessment for municipal sewer does not in and of itself constitute grounds for approval of lot area variances to create a subdivision. 5. The extent and number of variances sought is excessive. 6. Applicant has not submitted sufficient evidence of a hardship which is unique to the particular circumstance. Many properties are similarly situated in the LR-IB zoning district. COUNCH MEniM Mayor Grabek & Orono Council Members City Administrator Bernhardson JUL 241983 nomz Date: cmroFomw Michael P. Gaffron, Asst Planning & Zoning Administrator July 21, 1989 Subject: Ordinance Amendment, Oversized Accessory Structures List of Exhibits > Exhibit A - Proposed Ordinance with Minor Revisions Since Last Meeting Exhibit B - Memo & Exhibits of 7/7/89 Discussion - This item was tabled at your July 10th meeting for further review. As of this writing, I have received no further comments from Council members. A few minor changes have been proposed since your last meeting, as follows: 1. JJhe language that defines pools as non-oversized accessory structures makes it more clear that grade-level, non-encroaching patios will not be considered as part of the structure. 2. For the 15% lot coverage requirements for small lots, structures to be Included have been defined as follows: a) Any roofed or covered structure exceeding 6* in height above grade level. b) Any non-roofed structure (tenni« 'courts, pools, decks, etc.) of which any part ln» ' tng fences or walls extends more than 6* above grade /el. Since the intent of the lot coverage ordinance is to limit visual density on a property, it would seem appropriate that any improvement that exceeds 6' in height would reasonably be considered a visual Impact and should be included in coverage. Since the maximum allowed fence is 6*, yards t are fenced in with a 6* fence would not be counted as l»^c coverage, but a tennis court with 10*-12' fences would be included, as would a gazebo or other accessory building. Pools might or might not be Included depending their height above grade and the type of fencing or walls existing. Ordinance Amendment, Oversized Accessory Structures Page 2 of 2 Additionally, staff is suggesting that for the lot coverage sections, a minimum allowance be granted for small lots, so that for instance, a typical 50' lot in Navarre would still have the ability to construct a di ached garage in addition to the house. The proposed revision sets the allowance for any developed lot at 1,500 square feet, which would be 20% of the typical 50'xl50' lot. Of course, the 1,500 square foot threshold can be raised or lowered if Council is so inclined. 3. A new section has been added to revise and clarify the existing code section which xequires an accessory building to be at least 10' away from a principal structure. has consistently required that accessory buildings also be 10' from each other, but it vras recently brought to staff s attention that the code as it is written only requires the 10' setback from an accessory structure to a principal structure, and not between accessory structures. The proposed revision will make the code conform to v;hat has been consistently enforced, and will provide the necessary safety and visual density controls staff feels are appropriate. We would not expect a significant number of new variances due to this section. It also will give us the ability to legitimately require that pool water surfaces will be at least 10' from any other structure, accessory building roofed area, or other nearby facility that could be used as a diving board. This is a concern because there was at least one case approximately 10 years ago where an Orono property owner had a pool less than 10' from the overhangpg deck on the house and sustained serious injury when trying to dive off the second story deck into the pool. 4. Although not revised in the ordinance draft attached, staff would recommend that you consider revising the rear yard required setback for tennis courts, pools and paddocks to be merely 30' minimum and drop the requirement that such structures be outside the required rear yard area, since that would start to have a significant effect on restricting drainfield sites in the 2 acre and 5 acre zones. Staff Recoamendation - With the changes noted above, staff feels that the ordinance amendment is workable and would recommend adoption. ORDIHANCB « , SBCOMD SB UBS AN ORDINANCB ANBNDIKG THB JRONO MUNICIPAL CODE BY BB6ULATIN6 THB LOCATION, ARBA, AND HBI6HT OF LARGE ACCESSORY STROCTURBS The City Council of Orono ordains as follows: SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Section 10.03# Subdivision 9 (C) and adding a new Section 10.03# Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed 1#000 square feet of footprint area except that accessory structures in excess of 1#000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1#000 square feet# except that the following non-roofed accessory structures which exceed 1#000 s.f. footprint area are not considered as "Oversize Accessory Structures*^# but are subject to the special setback restrictions of Section 10.03# Subdivision 14 (D): - Tennis courts - Pools# when pool basin structure (excluding non- encroachment-type patios) is greater than 1#000 s.f. - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following t ble: Maximum Individual Accessory Structure Maximum Allowed Total of All Accessory Structure Footprint Areas Lot Area Footprint Area on a Property 0-1.99 acre 1#000 s.f.2#000 s.f. 2.00-3.00 acre 1#200 s.f.2#4G0 s.f. 3.01-3.50 acre 1#400 s.f.2.800 s.f. 3.51-4.00 acre 1#600 s.f.3#200 s.f. 4.01-4.50 acre 1#800 s.f.3#600 s.f. 4.51-5.00 acre 2#000 s.f.4#000 s.f. 5.01-6.00 acre 2#200 s.f.4#400 s.f. 6,01-7.00 acre 2#400 s.f.4#800 s.f. 7.01-8.00 acre 2#600 s.f.5#200 s.f. 8.01-9.00 acre 2#800 s.f.5#600 s.f. 9.01 acre or more 3#000 s.f.6#000 s.f. 3. Any Oversize Accessory Structure shall be subject to the following conditions: Page 1 of 4 a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area require ment for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Suc*^ covfe.iant shal be binding on current and future property owners and shall be filed in the chain of title of the property. SBCTION 2. Chapter 10 of the Municipal Code of Orono is further amended by revising Section 10.03, Subdivision 9 (B) as follow.': B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, except barns or stables which shall be sabgect to the approval of the eoancilr nor sha11 an accessory building exceed 30 feet in height. Page 2 of 4 SBCTIOH 3. Chapter 10 or the Municipal Code of Orono is further amended by adding Section 10.03, Subdivirions 14 (C) & (D) as follows: C. Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. The following shall be included in calculation of lot coverage by structures: 1. All roofed structures which extend more than 6* above grade level. 2. Tennis courts, pools, patios, decks and all similar "open" structures when partially or fully enclosed by fences, railings or walls which extend more than 6* above grade level. (If a.iy portion of such structures extends more than 6* above grade level, the entire structure shall count toward lot coverage.) EXCEPTION. Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot cover^'re by principal residence and garage structures. D. Tennis courts, pools, and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30* minimum and not within the required front yard nor between the front lot line and the principal structure on the property Side - 30* minimum and not within the required side yard area Rear - 30* minimum and not within the revjcired rear yard area SECTION 4. Chapter 10 of the Municipal Code of Orono is hereby amended by adding Section 10.03, Subdivision 9 (E) as follows: E. Setbacks. Accessory structures in excess of 750 square feet footprint area bu* r.r.*- exceeding 1,000 square feet footprint area shall be ^d at least 15 feet from anylot line. SECTION 5. Chapter 10 of the Municipal Code of Orono is hereby amended by revising Section 10.20, Subdivision 3 (E) vS follows: Subd. 3. Conditional Uses. Within any "R-IA" One Family Residential District, no structure or land shall be used for the following us^s except by conditional use permit: Page 3 of 4 ‘ .-tW E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. ^mmercial greenhouse structures located in a required yard aisa, and are subject further to the genera1 zoning code requirements pertaining to accessory structures. SECTION 6. Chapter 10 of the Municipal Code of Orono is herebv amended by revising Section 10.03, Subdivision 12 as follows: Subd. 12. Crowding Principal BuiIding. No accessory building or structure, unless an integral part of the principal building, shall be erected, alterered, or moved within ten feet of the principal building, nor within ten feet of another accessory structure. ' SECTION 7. Adoption and olication. This ordinance shall be effective upon adoption, . id a thort summary shall be published in the Laker and Pioneer newspapers. Adopted by the City Cccncil of Orono on this _ _ _ _t 1989, by a vote o^ _ _ ayes and _ _ nays. day of borothy M. Hallin, City '^:erk James R. Grabek, Mayor Page 4 of 4 -7-/0 : S Mayor Grabek & Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator 1%. Dates July 7, 1989 Subjects Ordinance Amendment, ov^^rsized Access^Structures List of Bzhiblts - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Discussion “ Proposed Ordinance Memo i Prior Ordinance Draft, 5/16/89 Sketches of Various Lot Sizes, of Various Degrees of Development Study of Developed Residential Lot Table, Accessory Structure Restrict, per Draft Ordinance Effect Please review the attached ordinance draft. Exhibit A. This item was reviewed by the Council briefly in May, and tabled pending further "tweaking" by staff. Staff is relatively comfortable with this draft, although Council should be aware of the significance of certain sections. A brief synopsis of the ordinance follows: 1. Oversized Accessory ax,ructure defined as having footprint area over 1,00C s.f. 2. Tennis courts, paddocks or arenas, and swimming s over 1,900 s.f. in ai.i'8, are not considered as oversi accessory structures but subject to principal structwro setbacks and cannot be lefts than 30* from any lot line ncir between the front lot li.^fs* and the house. The threshold for defining an oversized accessory structure was revised back to the original 1,000 s.f. 1 it. 4. Oversized accessory structures are not allowed on any lot smaller than 2.00 acres. 5. The table allows larger oversized structures as lot size increases. 6. All permitted oversized accessory structures are suoject to a written covenant with the City that does the following: A) If a subdivision occurs, the structure must stay on a lot with a principal structure. If it doesn't, the Council could grant a short grace period in which to construct a prlni?ipal structure, or could require that the oversized accessory building be removed. Oversized Accessory Structures July 1, 1989 Page 2 of 3 B) If a subdivision occurs, the lot area required to accommodate that oversized structure must be retained. C) Likewit^e, the required oversized accessory structure setbacks must be retained. Staff anticipates a standard format covenant would be drafted, and its execution required prior to building permit issuance. 7. Accessory buildings of any size, including barns and stables, cannot exceed the height of the principal building or be higher than 30'. 8. Lot coverage of all lots less than 2 acres in total area is limited to 15% of the lot area. Since the intent of the lot coverage ordinance is to limit visual density, staff would recommend that any enclosed, roofed structure over 6* in height above grade should be considered as lot coverage. Council should consider whether tennis courts with opaque or non-opaque fencing, at a height of typically 12*, should be considered in lot coverage calculations. 9. At least one CounciImember was concerned with relatively large (but not oversized) accessory structures being only 10' from lot lines. The proposed ordinance would require a 15' setback for non-oversized accessory structures greater than 750 s.f. footprint area. Staff questions whether this section is strictly necessary or whether it will just lead to confusion. 10. Barns, stables and greenhouses are no longer exempt from the 1,000 s.f. floor area restriction. Barns, stables and greenhouses will be treated like any other ovarsized accessory building when they exceed 1,000 s.f. Additional Exhibits - Exhibits C are sketches of typical lots in the various zones, showing various degrees of development and allowing Counciimeiuborc to h^hter visualize the setback restrictions required by the proposed ordinance. Exhibit D is a table indicating standards contained in the proposed ordinance. '4^ Oversized Accessory Structurei July 7, 1989 Page 3 of 3 Exhibit E is a study of lot sizes in Orono's various zoning districts. This information is partially from the 1983 Common Ownership Study, and partially from a recent study conducted by staff. The significance of the information here is that in the 1/2 and 1 acre zones, 2/3 of the existing developed lots are substandard for their respective zoning districts. For the most part, these zones are already subject to hardcover regulations, and the 15% lot coverage standard will further restrict development on many of the smaller properties. In the 2-acre zones, about 1/4 of the substandard lots have been sewered. However, it is significant to note that of 1,100 developed properties in the 2-acre zones, 410 or 37% are less than 2 acres in area. On these properties, and even some of the 2 acre properties, forcing tennis courts to meet principal structure setbacks will have an effect on limiting potential drainfield sites. Staff suggests that disallowing tennis courts from required side or rear yard areas may work at cross purposes with our intent of keeping alternate drainfield sites available on unsewered properties. Staff Recommendation - Staff would recommend that Council spend some time discussing the following issues, and direct staff to make any necessary revisions for final ordinance adoption: 1. Should tennis courts be included in a lot-TCOvmrage calculation, dependent upon degree of opaqueness?J 2. Should tennis courts be subject to principal structure setbacks in side-and rear yard or is something less than that acceptable? 3. Should 750-1,000 s.f. structures be J.5* from the lot line or only 10'? 4. Is there any reason why barns, stables, and greenhouses should not be subject to the same requirements as other accessory structures? 5. Ai.y other concerns? ORDINANCE # , SECOND SERIES AN ORDINANCE AMENDING THE ORONO MTINTCIPAL CODE BY REGULATING THE LOCATION, AREA, AND HEIGHT OP LARGE ACCESSORY STRUCTURES The City Council of Orono ordains as follows: SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Section 10.03, Subdivision 9 (C) and adding a new Section 10.03, Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures"”, but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Po^lr {when pool basin structure, excluding grade level patios, is greater than 1,000 . f . ) - Paddocks or arenas 2. Oversized Accessory Structures are regulated by the following table: Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Allowed Total of All Accessory Structure Footprint Areas on a Property 0-1.99 acre 1,000 s.f.2,000 s.f. 2.00-3.00 acre 1,200 s.f.2,400 s.f. 3.01-3.50 acre 1,400 s.f.2,800 s.f. 3.51-4.00 acre 1,600 s.f.3,200 s.f. 4.C1-4.50 acre 1,800 s.f.3,600 s.f. 4.51-5.00 acre 2,000 s.f.4,000 s. t. 5.01-6.00 acre 2,200 s.f.4,400 s.f. 6.01-7.00 acre 2,400 s.f.4,800 s.f. 7.01-8.00 -cre 2,600 s.f.5,200 s.f. 8.01-9.00 acre 2,800 s.f.5,600 s.f. 9.01 acre or more 3,000 s.f.6,000 s.f. 3. Any Oversize Accessory Structure shall be subject to the following conditions: Page 1 of 4 a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30* from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30* or the defined height of the principal residence structure on the property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. ii. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area require ment for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in ths chain of title of the property. SBCTION 2. Chapter 10 of the Municipal Code of Orono is further amended by revising Section 10.03, Subdivision 9 (B) as follows: B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, exeept barns er stables whleh shall be sab^eet to the approval of the eoanellr nor shall an accessory building exceed 30 ^et Iji height. Page 2 of 4 8BCTI0H 3. Chapter 10 of the Municipal Code of Orono Is further amended by adding Section 10.03, Subdivisions 14 (C) & (D) as follows: C. Lot Coverage. In all zoning districts, for all lots of 0-1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Define what structures are included. D. Tennis courts, pools, and paddocks or arenas, when such accessory structures exceed 1,000 s.f. footprint area, shall be subject to the following special setback restrictions: Front - 30* minimum and not within the required front yard nor between the front lot line and the principal structure on the property Side - 30* minimum and not within the required side yard area Rear - 30* minimum and not within the required rear yard area SBCTIOH 4. Chapter 10 of the Municipal Code of Orono is hereby amended by adding Section 10.03, Subdivision 9 (E) as follows: E. Setbacks. Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be located at least 15 feet from any lot line. SECTION 5. Chapter 10 of the Municipal Code of Orono is hereby amended by revising Section 10.20, Subdivision 3 (E) as follows: Subd. 3. Conditional Uses. Within any "R-IA" One Feunily Residential District, no structure or land shall be used for the following uses except by conditional use permit: E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area, and are subject further to the general zoning code requirements perrainlng to acreasory structures. SBCTIOH €• Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Laker and Pioneer newspapers. Page < of 4 Adopted by the City Council of Orono or this _ _ _ _, 1989, by a vote of _ _ ayes and _ _ nays. day of Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 4 of 4 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Prom: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 16, 1989 Subject: Ordinance Amendment, Oversized Accessory Structures Introduction ~ In the spring of 1987, Council directed the Planning Commission to review the accessory structures section of the zoning code in relation to oversized accessory structures. The initial review occurred at a public hearing held Monday, July 20, 1987. The public hearing notice indicated the review would be for a proposed amendment to establish performance standards for the location, floor area, and height of accessory structures exceeding 1,000 square feet in floor area as a conditional ^se« There were no public comments at the public hearing, and the hearing was closed. Further discussions by the Planning Commission were held on December 1, 1987; February 25, 1988; May 18, 1988; July 6, 1988; and May 1, 1989. Those discussions resulted in a recommended ordinance amendment attached hereto as Exhibit A. Discussion - The Planning Commission concluded that a conditional use permit is not the appropriate approach to oversized accessory structures, and instead set up performance standards for oversized accessory structures as a permitted accessory use^ The following list sumarizes the Planning Commission recommended ordinance revisions: 1. Defined "oversized accessory structure" as having a footprint area greater than 1,040 square feet. 2. Allowed as a permitted use, one (1) oversized accessory structure per property. 3. As lot size increases, the maximum allowed oversized accessory structure size could increase. 4. Likewise, as lot size increases, the total combined footprint area of all accessory structures on a property can increase. 5. Excluded pools, tennis courts, paddocks, barns, stables and greenhouses from being subject to the "size versus lot area" requirement (also see #9 below). Ordinance Amendment, Oversized Accessory Structures May 16, 1989 Page 2 of 2 6. All oversized accessory structures must meet principal structure setbacks, and in no case can be less than 30* from the side or rear lot line, and must be behind the front line of the house. 7. Oversized accessory structures are subject to the current "30*maximum/no higher than principal residence standard. 8 to . All permitted oversized accessory structures are subj o a written covenant with the City that does the followi oct ng: A) If a subdivision occurs, the structure must stay on a lot with a principal structure. If it doesn't, the Council could grant a short grace period in which to construct a principal structure, or could require that the oversized accessory building be removed. B) If a subdivision occurs, the lot area required to accommodate that oversized structure must be retained. C) Likewise, the required oversized structure setbacks must be retained. accessory Staff anticipates a standard format covenant would be drafted, and its execution required prior to building permit issuance. 9. Non-roofed oversized accessoiy structures such as tennis courts, etc. would continue to be allowed, but would be required to meet principal structure setbacks as well as hardcover requirements where applicable. 10. All lots less than 2 acres in area are limited to 15% lot coverage by structures, not including tenis courts, pools, and other non-covered structures. Staff Recommendation - Staff recommends approval of the proposed ordinance as recommended by the Planning Commission. lA^Ce ;>teUINANCE # , SECOND SERIES ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY ALLOWING OVERSIZE ACCESSORY STRUCTU: WHICH MEET SPECIFIC PERFORM;-^ ..S STANDARDS The City Council of Orono ordains as follows: SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Section 10.03, Subdivision 9 (C) and adding a new Section 10.03, Subdivision 9 (C) to read as follows: C. Area Restrictions. In all "R" districts no accessory building shall exceed 1,040 square feet of footprint area except that accessory structures in excess of 1,040 square feet will be allowed under the following conditions: 1. Not more than one oversized accessory structure shall be permitted on any property. An "oversized accessory structure" is defined as an accessory structure of footprint area in excess of -1,-040 square feet. / .''-'*7 2. Oversized accessory structures are regulated by the following table: Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Total of Accessory Structure Footprints Areas 0-1.99 acre 1,040 s.f.2,000 s.f 1.00-3.00 acre 1,200 s. f.2,400 s.f 3.01-3.50 acre 1,400 s.f.2,000 s.f 3.51-4.00 acre 1,600 s.f.3,200 s.f 4.01-4.50 acre 1,0OU s.f.3,600 s.f 4.51-5.00 acre 2,00C s.f.4,000 s.f 5.01-6.00 acre 2,200 s.f.4,400 s.f 6.01-7.00 acre 2,400 s.f.4,000 s.f 7.01-0.00 acre 2,600 s.f.5,200 s.f 0.01-9.00 acre 2,000 s.f.5,600 s.f 9.01 acre or more 3,000 s.f.6,000 s.f Structures specifically excluded from being regulated by these- restrictionsy/include: a)uncovered arenas or paddocks; b)uncovered swimming pools; c)uncovered tennis courts; d)stables; e)barns; 2 Page 1 of 3 f) greenhouses; 3. Any oversize accessory structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30* from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property, whichever Is less. c) Such structure shall be allowed only when the property owner agrees and covenants In writing with the City as follows: I. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City In Its subdivision approval may grant a finite time period In which the oversized accessory structure may remain without a principal structure. In order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed If no principal structure has been constructed. II. If the property Is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the mlrimum lot area require ment for the given size of accessory building. III. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed In the chain of title of the property. Page 2 of 3 4. Non-roofed accessory structures such as tennis courtSf private swiinining pools# and paddocks# which exceed 1#040 square feet In area shall not be located In any required yard as defined for each zoning district. SBCTIOH 2. Chapter 10 of the Municipal Code of Orono is further amended by adding Section 10.03# Subdivision 14 (C) as follows: C. Lot Coverage. In all zoning districts# for all lots of 0-1.99 acre in total area# the total combined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Sheds and other small buildings less than 120 square feet footprint area shall not included in calculation of total accessory structure foot-^^ print areas. SBCTIOM 3. Adoption and Publication. This ordinance shall be effective upon adoption# and a short summary shall be published in the Laker and Pioneer newspapers. Adopted by the City Council of Orono on this _ _ _ _# 1989# by a vote of _ _ ayes and _ _ nays. day of Dorothy M. 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A>^i SIZt i .CjETiaACtiS p^Mr pix i!:oivic® P£T<.© pir** ?cv^€>-C3 iso' /o' 30 © iro' 7S' i ntJiOCeNT S' / 30 ’ ® @ 30 ii^iw /S'O 7S .(D /5-0' ISO FborfAitJT (psa (looo Pf%T ere ^i t'A^L'CT /OOT i )tc2^Tie\cT^ Pe/®.' ! ‘-or ! J__________ ; I TA iO^l^ i I I 'I ! er^ House P/to/v/r cor' ) i 'Cu^wsr Ivn-^'T CT72^c-rM^6 S*?*nS.A<lKp At^> <oot- @^wisT At-so;>^i'>rBA2e /e^^rrMc^i'r ____ @ IP (>ooiJ :<s/««) j;(/. ^ . , .. ... ^ i_ ST (H))^ Poou eA:iio'/j ;tris TtutJ/ooOi-f.^ ^’ooi-wirM PATips /5^>r"" I ; ^ON-I^OOpte^ ' I ! ; i ' ! : !- ! i«. ;>-* w • 1 i : !!•J !r CO i TO: FROM: DATE: 71989.1 Mayor and City Council Mark E. Bernhardson, City Administrator July 19, 1989 nMnMEEnis JW.i4l989 arroFWMa SUBJECT: Highway 12 Sewer/Water Project Attachments:A. Highway 12 Sewer/Water Financing Memo Dated 7/3/89 B. Bid Tabulations C. Proposed Resolution Ordering the Project D. Allocation of Units/Revised Dated ISSUE - 1. Receipt of the petition from the landowners for sewer and water projects on Highway 12, 2. Determination as to whether Council desires to award the bids. 3. If bids are awarded a separate resolution ordering the project. INTRODUCTION - Development of the Rebers* property is, as other properties on Highway 12, contingent upon the improvement and availability of services to those properties. As noted in Attachment A the projects have been split between Phase I which include a sewer trunk and a water trunk t^r 'her with Phase II the eventual award of a well for a separate ^system on Highway 12 together with the construction of an interceptor and a possible construction of a water tower. DISCUSSION - A. Receipt of a Petition - The property owner had been working to achieve a 1^% petition of the affected landowners which include the following parcels; A. Rebers 69 (25 Residential/44Commercial) B. Otten 40 (10 presently/30 future) C. Wear 10 D. Orono Plaza Partenership/Orono Parteners 220 These properties are the ones directly served by the Phase I water and sewer improvements. In addition because of the inclusion of anything over approximately 100 units would require construction of the tower and the interceptor. The following levels of approval had been requested: A. Easements approval B. Waiver of special assessment C. 100% petition for the project Because of the nature of the Orono Plaza Partenership between Willow and Old Crystal Bay (not including the Gagne property require 100% approval of all parteners involved before they are able to commit to anything. They are not in a position at this point to sign the 100% petition in part because they are investors not developers and do not want to agree to having to invest more money with no guarantee of selling within the 10 year assessment. They have expressed a willingness to allow the necessary easements if not assessed at this time. If they do not participate now they will not be allowed any units with the properties to the east paying for the sewer and water trunk plus well. As noted in Attachment D this sewer and water lateral plus the well will be able to be paid for by the properties east of Willow. In order for development between Old Crystal Bay and Willow to be undertaken it they need to pay the equivalent costs of the tower and exterceptor as it is their development that requires it. Actual construction the tower and interceptor in the near term in advance of the development may be prudent and will be presented for Council consideration in the next two months. It is still appropriate to proceed to bond for all these projects now as they may be moved forward soon. If the projects are not ordered the money is available to pay the bonds. (Rates will probably not decrease markedly.) Award of Bids - Given that we do have waivers of appeal for this projectT IFTs requested that we undertake the projects and award to the lowest bidder. Resolution Ordering tjie Project - In addition to awarding bids the City needs to order the project by resolution. If there is at least a 35% petition which the City has received, the vote requires only a majority vote for proceeding with the project with the three owners they represent at least 35%. Special Assessments - Within the next two months the City will establish a special assessment hearing for these improvements Phase I (sewer and water trunk laterals). ALTERNATIVES - 1.Accept the petition. 2.Award the bids. 3.Order the project. 4.Reject the bids. RECOMMENDATION - Based on the 35% petition it is recommended that the bids be awarded to Albr^ot Excavating ami that the Council adopt the attached resolution ordering the project. Any properties not assessed for these improvements will not receive any service from them unless they agree to a subsequent assessment or connection charge. This recommendation is based on the fact that the minimum improvement to serve this property will be paid for by the owners east of Willow all of whom have agreed to pay. PROPOSED MOTION - Moved by _, seconded by _, that the Council accept the petition as presented by the land owners together with the waivers of special assessment and awards the bid to Albrect Excavating and adopts Resolution #_ ordering the project for sewer and water on Highway 12. Ayes , Nays cc: John Gerhardson, Public Works Director Steve Pflaum Leonard, Street & Deinard Suite 1500 100 South 5th Street Minneapolis, MN 55402 TO: Mayor Grabek and CounciImembers FROM: Mark E. Bernhardsonr City Administrato DATS: July 3r 1989 SUBJ: Water & Sewer Financing Improvements 3^ ATTACHMENTS : A. Ehlers & Associates Letter dated 6/28/89 B. 1989/90 Project Horizon Layout dated 5/26/89 C. Highway 12 Project Improvement dated 6/30/89 ISSUE - 1.Presentation of information regarding possible financing. 2. Determining issues and concerns of the Council regarding current direction for financing of projects on Highway 12 and Lift Station 10 and 43. INTRODUCTION - At the Council's June 12, 1989 Meeting, they awarded the bids for the Lift Station 10 and 43 project, which could be financed primarily through connection charges. (As you will note later in the agenda, the informational meeting for this will be held on August 14, 1989 to apprise the neighborhood and get input on how it shall be financed.) In addition, the Council is receiving bids on the first 2 of 5 potential Improvements for the Highway 12 Development at this meeting. It is anticipated that these projects will probably be ordered at the July 24, 1989 Meeting. As such, and in order to assist in getting a possible 100% petition for the project on Highway 12, the terms of financing of those improvements are of interest to those people requesting the petition. DISCUSSION - Projects to be Financed; Lift Station 10 & 43 Highway 12 Sewer Part Sewer Part Water Part II (Interceptor Improvements) I Trunk Extension Water Part II - Well Water Part III Water Tower Project Financing - Apart from Lift Station 10 and 43, it is anticipated that all costs will be assessed to the property owners currently benefitting. Alternatives to that financing could also include revenue generated by the water system in that area and/or connection charges and funding from other properties currently not being assessed (such as the Wear properties) or operational from these or others that may be on the system. / ... .. T BONDING - As outlined in Attachment A, the bonding climate is currently quite favorable- It is anticipated that bonding would be at about 6.5% and recommended that the full amount for all of the projects be bonded for at this time. This is recommended as 1) it is more costly to have several different bond issues; 2) bonding rates may not be as favorable even in the near term future, and 3) should the City not need the entire proceeds of the financing, the bonds can either be paid off earlier or the principle invested to help assist in financing this and other projects. A. Type of Bonds - As noted in Attachment A, these would be water and sewer"revenue (G.O.) bonds as opposed to special assessment bonds. Rating agencies such as Moody's feel thet General Obligation Revenue Bonds are a more marketable bond. Revenue Bonds also have fewer legal requirements in order to initiate as not all of the projects need to have hearings prior to the financing. If however, the City, feels it is appropriate, it can levy at least 105% of the needed requirement for payment should it choose. This may be an approprite feature to provide the City flexibility in this and other project funding. B. Rates - The average current interest rate of the bonds will about 6.5% and following the City's policy the rate to the developer will be about 1.25% above that, for a total of approximately 7.75%. C. Rating - As you may recall, the rating for Orono bonds is AA Bond. D. Term of the Bonds - It is presently recommended that it be a 10 year bond because of the fact that not all of the developments that would be assessed on Highway 12 are currently in a project to develop, and secondly, that payment of items 10 and 43 would be from connection charges which may have an uncertain timing, together with the fact that the operational payback on those was a 10 year time period. Sale Date - If the terms are acceptable, we may be able to sell as early as 9/11/89. ASSESSMENT - A. The actual assessment to finance the bonds is recommended to be split into two parts as follows: 1. Direct Land Improvements - These would be assessed over a either a 5 or 10 year period and would include the sewer and water trunk and laterals to directly serve the property. These would be assessed within the next few months. \ A X"* * 2. System Wide Improvem ents - These improvements would include the upgra<^e for the Interceptor capacity, the well and the water tower which are total system improvements. As such could merit a longer term improvement. It is recommended that this be up to a 10 year improvement. The payment of their principal amount could be delayed for two to three years. B. Prepayment of Assessments - 1. Rebers 25 units and Otten 10-40 units - Upon sale of property. 2. Balance of Rebers (44 units) and Property West of Willow -^"^pon Issuance of building permits for other properties including Rebers front side. C. Security - The security from the developer for the special assessments would be provided at the time of a subdividers agreement. This means that the City would, as each of these properties gets ready to develop, receive the necessary security, either by a letter of credit or other acceptable security to back the payments of the assessments. (This is really added security for the assessments. They would eventually be paid including penalty and interest. Payment would be on redemption of sale if they would go tax forfeited.) D. Interest - Prom the time of bond or project payments to the initial principal payments there would be capitalization of the interest costs for the projects. E. Estimate Payments - As not all of the projects may be completed, or even ordered prior to either the sale or need for issuance of a permit, the owner would be required to pay the estimate and additionally be liable up to another 10%. F. Rebate - A rebate is suggested to be applicable in either of two cases: 1. Project Costs Less than Estimate - In the case that the person had escrowed an arount upon sale that was more than the project cost, it would be rebated to the developer who had initially paid the cost. 2. Development Limitation - To the extent that the Counci 1 did not want development at the Intensity for which the property has been assessed, the City could buy back those additional units from the person to whom development had been limited at the principle rate, plus interest payment of the bond (or credit it to the amount remaining to be paid). I have requested that Carolyn Drude be available for any questions, however, this may necessitate a change in order as she may be schedule and may need to 2 a meeting in another community by 9:30 8:00 p.m. ACTION ALTERNATIVES: 1. Accept the information and reconimendations as presented 2. Recommend changes indicating what issues the Council would like to have altered. 3. Request additional information RECOMMENDATION - It is recommended that the plan as outlined above iTe accepted as one that is reasonable to the developers in order to have 100% petition and yet provide the City with necessary financing to hve the project paid. PROPOSED MOTION - Moved by seconded by the Council conceptually adopt the direction for the financing and direct staff to prepare the necessary bonding documents for these projects. Staff is further directed to bring back the bond resolution on August 14, 1989 for tentative sale on September 11, 1989. Ayes____, Nays_______. ■fi Ms. Carolyn Drude Department Heads yiM 4/_. Ehlers and Associates, Inc, LEADERS IN PUBLIC FINANCE June 28, 1089 Mark Bemliardson City Administrator City Hall Orono, MN 55323 Re: Capital iinprovement planning This will rec^o recent conversations we've had relating to the possible need for 1989 financing of capital ira^oyements In Orono. In partizular, we have discussed the following: Est. CostProject Est. Cost* Replacement of lift stations #10 and #43 with gravity l.ines and new capacity Highway #12 projects: Sewer Pt I: New main extension Sewer Pt 11: Trunk capacity imp. Water Pt 1: Trunk extension Water Pt II: Wei1/pump/structure Water Pt III: New water tower Legal, fiscal, administrative, est. Funds needed Plus allowajKC for discount bidding (an interest cost) Bond issue $ 272,000 $ 272,000 297,000297,000 ■ 130,000 518,150*j 101,400 101.400 .330,000 330.000 543,150 545,150 $1,675,550 $2,063,700 25,000 27,000 $1,700,550 $2,090,700 19,450 24.300 $1,720,000 $2,115,000 •Two capitalliation schedules have been sized b^ed (ni^OOO to $318,150) of estinated costs for Pt II which will depend upon the construction option sclecteu. 'm s“ « ^ MN • «X TO-JW-0M4 Mark Bemliardson Orono, MN 55323 June 28, 1989 Page 2 You have indicated that tliese sewer and water projects will be paid £rom connection charges, assessments and user fees (or from sonw combination of these revenue sources) which qualifies tnem for financing under Minnesota Statutes, Section 444.075. There are some advantages to the City in financing these projects under M.S. 444.075, including: (1) Al] the projects could be financed as one issue (G.O. Sewer and Water Revenue Bonds), saving issuance costs; and (2) Ntoody's Investors Service, raters of Orono's general obligation bonds which carry a ”A/V’ rating, views the G.O. Revenue Bond as a stronger commitment than Improvement Bonds issued pursuant to Minnesota Statutes, Oiapter 429. We have discussed a maturity schedule of about 10 years for the total issue, structured around the actual anticipated revenue receipts for the individual projects (5 years, for instance, for Sewer Pt I and Water Pt I). Arbi trace Rebate As you are aware, the City may be exempt from arbitrage rebate provisions for its debt if not more than $5,000,000 is borrowed during any calendar year. The borrenving capitalised above would not pose a problem in this regard, even if the"City would decide to finance the Stubbs Bay sewer ijnprovement before 12/31/89 which is now estimated at $1,100,000 to $1,300,000. Capitalized Interest So estimate of capitalized interest has been included in the capitalization schedule, and this will need some discussion. We have discussed methods of proceeding with the new sewer extension, for instance, by receiving petitions from 1001 of the prope'^ty delaying the actual assessment collection for a year or two. city could proceed on that basis, borrowing the funds to complete the project and include, say, two years of capitalized interest to a t^ year delay before the first year of assessment collections. be passed on to the assessed properties, of course, but would be borrowed at a favorable tax-exempt, "AA” rate. Interest that would be due on any of the individual projects before revenues are anticipated to be available should be capitalized in tho issue. V Mark Bcmhardson Orono, MN 5S323 W June 28, 1989 ^ Pages Municipal Bond Market Wc are experiencing some of the best borrowing rates in the municipal tax-exempt market th;.n have been available for well over a year# Attached is a Bond Index grapli, tracking the national rates for certain "A” rated, 20 year bonds over the last year 9^^ regional rates for 10 year bonds. If the Citv is ready to finance these projects, the market should provide reasonable interest rates for borrowing. The City would then be able to invest proceeds until needed for construction at rotes in the 8 - 9% range. We have not addressed the need for city building facilities, and other tentative 1990 improvements under consideration at this time, primarily because of uncertain timetables* Please don’t hesitate to call with c|uestioiis or clarifications. Sincerely, EHLE8S( AND ASbOClATEa<i INC. Carolyn Senior Vice President x/ c o Q. Bond Indexes Jul 1, 19BB through Jun 26» 1989 9.5 8.5 d - Bond Buyer Index (20 Bond, 20 Yeors)Do In Bosworth (20 Bond, 10 Yeors) 7.5 7 6.5 5.5 • Jul Aug Sep Oct Hov Dec Jon 89 Feb Mor Apr Moy Jun I T 1 I I I I 1 1 1 1234123451234123451234123412345123412341234123451234 Bond Buyer 7.0BX Prepared by EHLERS A ASSOCIATES, IMC. O Oaln Bosworth 7.05% WEEKLY MARKET RATES - AS OF CLOSE REPRESENTATIVE YIELDS U.S. TREASURIES MAT 3 MO 6 MO YR YR YR YR YR YR WKLY CHG 8.33 -.07 8.39 -.02 8.39 -.16 8.34 -.14 8.24 -.12 8.26 -.11 8.23 -.10 8.19 -.11 ECONOMIC DATA: Ml -6.6 BLN GNP FINAL 1ST QTR 4.4S GNP DEFLATOR FINAL 1ST QTR 3.6Z DURABLE ORDERS (MAY) -4.23 PERSONAL INCOME (MAY) 0.33 1 2 5 7 10 30 FRIDAY JUNE 23, 1989 TAX-FREE MUNICIPALS MAT AAA AA A BAA 1990 6.15 6.30 6.50 6,70 1994 6.40 6.50 6.70 6.90 1999 6.60 6.70 6.90 7.15 2004 6.80 6.90 7.10 7.35 2009 6.90 7.05 7.25 7.50 CORPORATES .MAT AA A 3 YEAR a 3/S 8.50 5 YEAR 8.50 8 5/8yYEAR8 5/8 8 3/4 10 YEAR 6 5/8 6 3/4 30 YEAR 9 1/4 9 1/2 SELECTED INTEREST RATES PRIME RATE FED FUNDS DISCOUNT RATE DBI 20 BOND/10 YRS BBI 20 BOND/20 YRS RBI 25 BONDySO YRS BLUE LIST/MILLS 30 DAY VISIBLE SUPPLY/MILLS THIS WEEK LAST WEEK 89 HIGH 89 LOW YEAR AGO 11.00 11.00 11.50 10.50 9.00 9 1/2 9 7/16 10 1/16 8 15/16 7.50 7.00 7.00 7.00 6.50 6.00 7.05 6.58 7.04 6.58 6.96 7.08 6.88 7.72 6.88 7.77 7.42 7.27 7.95 7.27 8.10 1460.1 1296.5 1415.1 897.2 1487.2 2666.9 1501.7 3446.8 822.6 1106.1 90 DAY COMMERCIAL PAPER 9.15 I YR CD 3 YR CD 5 YR CD 15 YR GNMA 30 YR GNMA 30 YR GNMA 9.10 8.60 8.65 9.003 **4**44 9.00Z COUPONS 9.503 CHANGED TO 30 YR GNMA 10.003 CURRENT** .85 .55 .60 .65 MY MY MY MY 00 BEY 75 BEY 80 BEY 85 BEY Attachment B 1989-1990 PROJECT BORIXOM PROJECT 1. Uft Station #10 2. Highway 12 Lift Station 143 (HHCC) A. Sawcr Pt X ReplacaMcnt of alatlona . . with gravity llnaa t naw Maw sain axtansion Trunk capacity Trunk extanalon Hall/puap/ atructura Draft 5/26/89 3. Stubbs Bay Sawar B. Sawer Pt II C. Hatar Pt I 0. Hater Pt IX E. Hater Pt XXI capacity (10) (20 yr payback) Contract Award Construction Dates Probability 89-90 D-DafInlta P-Posalble O-Onaure Total Coat Bstlaata Bat Actual Conatructlon Related Total PUHDIMC initial Bond or • of years Sewer Ops Final Connection Chga Special Aasessaants Fund Reserve Operatloos HSA General X.evy Assets Sale 5/22/89 6/1-7/15/89 196,000 ♦ 76.000 T-272,000 183.000 36,400 218.000 X 218.000 X (10) X 15,000 (43) (10) to serve properties leproveMnt 7/10/89 7/15-9/30 297,000 169,850 X 297,000 X 297,000 9/89 9-11/89 or 4/90-6/90 7/10/89 7/15-9/30 9/89 9-11/30 130,000-518150 101.400 85,200 X Bond 330,000 X 101,400 X 330,000 X 101,400 Mew to««er installation of new systcn (450,000) to serve about 100 separate plan residences Long Lake 12/89 4-7/90 2/89 4-9/90 545,150 1,100,000-1,300,000 1969-1990 VROJBCT 60RXZ0M raojKS Contract AtMrd Cooatmctlon Dates rrobabillty D-Daflnlta P-Fosalbla D-Onsoro Total Cost BatlMta Bat bctnal Cost Conatruction Balatad Total rUMDXMG Initial Bond • of yaam Sawar Opa Final Connaetioo Cbga Bpacial Aasassawnts Fond Baaarva Oparationa MSB Canaral Lory Basats Bala 4. City Facilities Baplacaaant of all facilities 5. Frontage Road Biglmay 12 2/90 4-12/90 2,700-3.300.000 X Lease Forebasa B 7 B A. North Bide 19907 262.000 262,000 B 196,500 !• Booth side 19907 B (HSB) 65.500 146,000 146,000 73,000 73,000 6. Old Crystal B7. No Famdala (8. Cty IS) Bridge 19907 1990?1988 88-89 575,000 272,000 City Bhara 265.000- MSB 200.000- Xntamal Bond/ganaral levy Ability to do a recoup balance free MSB 175.000- NBA Bond 272,000 MSB? 400.000- Bridga Bond, ig ZS80B8 B5 aii.lllon/annnal lioit Bpacial BasassBants % Z n #as taant/Bond advantage Zapact of rating/dabt load Levy "support"-outside liaita - Levy Baxinua - yr available Groups-typaa/yaars 175,000 7 272,000 Draft HIGHMAY 12 - PROJECT IMPROVEMEHTS 6/30/89 Number of Units Reber's Residential Other 25 44 Phase I A) Sewer Pt I Water Pt I B) Water Pt II Otten Yngve/Reiersgord Area A Area B 25 195 Phase II A) Sewer Pt II B) Water Pt II TOTAL 329 * of Units Price/Unit w/Lateral Service wo/Lateral Service Sewer Pt I A) Lateral 89,800 304 300 245B) Trunk 80,050 169,850 Sewer Pt II Interceptor (option) 329 245 A) MWCC Connection 130,000 329 400 400 B) Jt City Change 357,400 329 1090 1090 C) Alternate Line 518,150 329 1580 1580 Water _ Pt I - Trunk 85,200 329 260 260 Pt II - Well 330,000 329 1005 1005 Pt III - Tower 545,150 329 1660 1660 Estimated Per Unit 3870-5050 3370-4550 ,•% -r.' ^ ■ ‘V • W* » PROPOSAL FOR TRIBIK HWY 12 SANITARY SEWER t WATER WAHI IHPRWEHEWTS, PROJECT MO. _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ 01K3W0. m FILE NO. 13939 PROPOSAL ITEM PART 1 - SAMHARY SEWER. COWT’D 6* PVC service pipe in piece 6* P¥C eervice riser pipe in piece leprovcd pipe foundetion per 6* increeent depth Mechenicel trench coepaction Lift Stetion No. 30 TOTAL PART I - SANITARY SEUER ALBRECT EXC. INC. 2 HEM4EN CONST. CO._ _ _ PAGE 2 3 B S D UNDERGROUND 4 INC._ _ _ _ _ UTOUR CONST. INC. 5 BROUN t CRIS ________INC. 160 L.F.10.00 1,600.00 9.00 1.440.00 10.x 1.6X.X 15.15 2,424.x 11.35 1,816.x 15 L.F.12.00 180.00 12.00 180.x 50.x 750.x 15.15 227.25 13.50 202.50 600 L.F.1.50 900.00 2.00 1.2X.X 1.20 720.x 1.30 7X.X 1.40 840.x 1.600 L.F.0.01 16.00 0.30 480.x 0.10 160.x 0.50 8X.X 1.05 1,680.x L S L.S.L.S.36.000.00 L.S.42.0X.X L.S.47,295.x L.S.42,875.x L.S.46,4X.X S112.846.00 S128.5X.X S139.X3.X $144,427.25 S140,662.x PART II - WATER WAIN 6* DIP, Cless 32 weter aein 8* OIP, Cless 52 weter aein 6* resilient wedge 0ete velve end box 8* resilient wedge gate valve and box 5’ velve hydrant C.t. fittings Cut into 8* plug Hechenical trench coepaction TOTAL PART 11 - WATER RAIN X L.F.11.x 880.x 12.x 960.x 16.50 1,320.x 18.10 1,448.x 18.55 1.4B4.X 2,130 L.F.13.x 27.690.x 14.x 29,820.x 12.x 25.5X.X 13.85 29,5X.50 13.30 28,329.x 8 Each 340.x 2,720.x 370.x 2.960.x 332.x 2,656.x 310.x 2,480.x 325.x 2,6X.X ■4 ■ ^5- 5 Each 450.x 2,250.x 470.x 2,350.x 439.x 2.195.x 425.x 2.12S.X 4X.X 2.3X.X 1 5 Each 1.2X.X 6,0X.X 1 .OX.X 5.OX.X 1 ,045.x 5.225.x 1 ,360.x 6.8X.X 1 ,270.x 6,3S0.X 4,5X Lbs.1.x 4,5X.X 1.x 4,5X.X O.W 3.6X.X 1.x 4,5X.X 0.85 3,825.x 1 Each 250.x 250.x IX.X IX.X 385.x 385.x 350.x 350.x 95.x 95.x : i 2,2X L.F.0.01 22.x 0.30 660.x 0.10 220.x 0.50 1,1X.X 0.11 242.x 4 $44,312.X $46.350.x $41,161.x $48,303.50 $4S,225.X BT13939\JUM89 TABULATION OF FIVE LOW BIDS OF FIVE RECEIVED PROPOSAL FOR TRUNK HUr 12 SANITARY SEUIR t WATER RAIN IHPROVEHENTJ- - - - -ORONO^ PROJECT MO. _ _ _ _ _ _ _ ___ _ _ _ __ _ _ _ _ _ _ _ _ ^It-E^NO.- -13939- - - - - - - - BIO OPENING 11:00 A.W. . C.D.S.T.. Friday. June 30, 1989- - - - - - - - - - - - - --- - I hereby certify that this is an exact reproduction of Reg.No 94S1 u > received. ^ , Glenn R. Cook, P.E. PROPOSAL ITEM Description Quantity Units ALBRECT EXC. INC^_ _ _ Unit Total 2 HENNEN CONST. CO. _ _ _ Unit Total 3 B t D UNDERGROUND 4 INC._ _ _ _ _ Unit Total LATOUR CONST. INC. Unit Total 5 BROUN & CRIS INC. Unit Total PART 1 - SANITARY SEWER 8* PVC. 8’-10' deep in place 8* PVC, 10'-12* deep in place 8" PVC, 12’-14* deep in place 8* PVC, 14’-16' deep in place 8* PVC, 16’-18' deep in place 8‘ PVC, 18’-20’ deep in place 12* DIP, 14*-16’ deep in place Jack eating with 12' DIP carrier in pi. 85 4- PVC, (SDR 26) force win 1,380 Std. MH 8’ deep, 4' dia., w/16428 cstg. 1« Manhole depth greater than 8’ deep 50 Cut into existing eanhole 1 8* X 6* PVC service wye branch 5 200 530 450 700 850 100 45 L.F.12.00 2.400.00 13.00 2,600.00 16.50 3.300.00 L.F.12.00 6,360.00 14.00 7,420.00 17.00 9.010.00 L.F.14.00 6,300.00 16.00 7.200.00 17.50 7,875.00 L.F.15.00 10.500 01 18.00 12,600 00 18.00 12.600.00 L.F.17 00 14,450.00 20.00 17,000.00 20.00 17,000.00 L.F.23.00 2,300.00 23.00 2.300.00 21 50 2,150.00 L.F.23.00 1,035.00 30.00 1,350.00 28.00 1,260.00 L.F.120 00 10,200.00 110.00 9,350.00 128.00 10.880.00 L.F.6.00 8,280.00 6.00 8,280.00 6.50 8,970.00 Each 800.00 8,800.00 1,000.00 11,000.00 1 .128.00 12,408 00 L.F.60.00 3,000.00 70.00 3,500.00 55.00 2,750.00 Each 300.00 300.00 300.00 300.00 825.00 825.00 Each 45.00 225.00 60.00 300.00 50.00 250.00 13.65 15.65 18.70 21.90 25.75 30.15 34.70 129.9C 5.95 .175.00 60.00 560.00 70.00 2.730.00 8.294.50 6.415.00 15.330.00 21.887.50 3.015.00 1.561.50 11.041.50 8.211.00 12.925.00 3.000.00 560.00 350.00 14.75 15.35 16.60 18.25 20.60 24.35 36.00 135.00 8.35 900.00 70.50 170.00 47.00 2.950.00 8.135.50 7.470.00 12.775.00 17.510 00 2.435.00 1.620.00 11.475.00 11.523.00 9.900.00 3.525.00 170.00 235.00 BT13939\JUNB9 ENTSNN0NO5AL FOt TWtJWK HWY 12 SNNITAKY SEWER I NATEN HAIH IHPi PNOJECTHO. _____________________________________fnJ.gO:-----12239 OHONO. HN PNOPOSAL 1 ALBNECT EXC. INC. 2 HENNEN CONST. CO^_ _ _ PACE 3 3 B i D UNDER6R0UND 4 LATOUR CONST. INC. _ _ _ _ _INC. 5 BNOUN t CRIS INC. PART 111 - RESTORATION Co—on «xcAvat1en Bitualnou* «urfacing rcaoval Class S aggregate base (100Z crushad) 2341 bitueinous wearing surface 2341 bItuBlnoua binder surface AC-1 bItuBlnoua eaterlal for aixture Bitueinous ealerlal for tack coat Erosion control fence Clear end grub trees Sod with 4- tooaoll Seeding w/top*o1i, euleh and fertlllier TOTAL PART 111 - RE310RAT10N TOTAL PART I - SANITARY SEWER TOTAL PART 11 - WATER RAIN TOTA^ PART 111 - RESTORATION TOTAL BASS BIO 6,000 C.T.1.00 6,000.00 1.00 6,000.00 1.15 6,900.00 0.50 3,000.00 1.50 9,000.00 200 S.T.2.00 400.00 1.00 200.00 2.00 400.00 1.75 350.00 1.50 300.00 400 Ton 8.00 3,200.00 12.00 4,800.00 9.50 3,800.00 10.00 4,000.00 9.40 3,760.00 100 Ton 2S.00 2.S00.00 28.00 2,800.00 28.00 2,800.00 26.25 2,625.00 28.60 2,860.00 200 Ton 2S.00 3,000.00 24.00 4,800.00 28.00 5.600.00 26.25 5,250.00 24.95 4,990.00 16 Ton 190.00 3.040.00 150.00 2,400.00 132.00 2,112.00 157.50 2,520.00 131.00 2,096.00 so Sale.1.00 50.00 2.00 100.00 3.00 150.00 1.05 52.50 2.10 105.00 SOO L.F.1.S0 750.00 2.00 1,000.00 2.25 1,125.00 2.00 1,000.00 2.10 1,050.00 2S0 Each 75.00 18,750.00 12.00 3,000.00 12.00 3,000.00 40.00 10,000.00 52.50 13,125.00 2,SOO S.T.2.20 5,500.00 1.50 3,750.00 1.70 4,250.00 1.84 4,600.00 1.67 4,175.00 EOT S Ac.800.00 4,000.00 850.00 4,250.00 1 ,150.00 5,750.00 787.50 3,937.50 1,345.00 6,725.00 $49,190.00 $33,100.00 $35,887.00 $37,335.00 848,186.00 $112,846.00 $128,500.00 $139,803.00 $144,427.25 $140,662.00 44,312.ra 46,350.ra 41,161.00 48,303.50 45,225.00 49,190.00 33.100.00 35,887.00 37,335.00 48,186.00 $206,348.00 $207,950.00 $216,851.00 $230,065.75 $234,073.00 BT13930\JUN89 I PROPOSAL FOR TRUNK HWY 12 S*NIT»RY SEWER t WATER miW IHPROVEHgNTS- - RNOJECTNO. _______________________________—-------------ntF NO- . J3 939. ORONO. HN PAGF 4 PROPOSAL I iff 1 ALBLECT EXC. INC. 2 HENNEN CONST. CO._ _ _ _ 3 B t 0 UtCERGROUNO 4 INC._ _ __ _ LATOUR CONST. INC^_ _ 5 BROSfN t LRIS INC.____ BID BOND, CERT. CHECK, CASH OEP. FIRM BY title ADDRESS TELEPHONE NO. CERTIFIED CHFCIC ALBRECHT EXC. INC. DAVE HANES VICE PRESIDENT U08 W. CO. RD C ROSEVILLE. HN 55113 (612) 633-4510 HENNEN CONST. CO. HAROLD HENNEN SEC-TREASURER 14520 RAIN ST. ROGERS, MN 55374 (612) 428-4177 BSD UNDERGROUND INC. ROBERT FROUARD PRESIDENT 6130 SUNSET DR. HOUND, HN 55364 (612) 472-5819 5X LATOUR CONST. THEODORE V. LATOUR OWNER RT. 1, BOX 76 MAPLE LAKE, NN 55358 (612) 963-5993 5X BROUN S CRIS INC. DOUGLAS R. PAGE SECRETARY 19740 KENRICK AVE. LAKEVILLE, HN 55044 (612) 469-2121 BT13939SJUMB9 - , t UlHbM m:mmm A RESOLUTION AWARDING BIDS ?0R SANITARY SEWER LINES AND LIFT STATION AND MUNICIPAL WATER LINES ONLY FOR THE AREA KNOWN AS THE HIGHWAY 12 SEWER AND WATER PROJECT WHEREAS the City of Orono directed the City Engineer to prepare plans and specifications to provide sanitary sewer and municipal water to those properties in the City of Orono on the north side of Highway 12 from Brown Road North to Old Crystal Bay Road North; and WHEREAS, the City Council approved the plan and specifications and authorized advertising for and accepting bids for the above improv..ments; and WHEREAS, on June 30, 1989 the City of Orono received and opened bids for the above project; and WHEREAS, Albrecht Excavat eng Inc. has presented the lowest responsible bid. NOW, THB7EF0RE BE IT RESOLVED that the Orono City Council does hereby award the bid to Albrecht Excavating Inc. in the ^unount of $206,348 for the construction and installation of the public improvements described above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 24th day of July, 1989. j£unes R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk Rebers Residential Other Otten Wear Sewer Part I Water Part I HIGHHAT 12 PROJECT IMPROVEMENTS Number of Units 25 44 10 30 $169,500 85,200 Water Part II a./Well 330,000 irTi\CMaJT ^ TO THE CITY OF ORONO, THE ORONO CITY COUNCIL AND CITY CLERK: OBJECTION TO IMPROVEMENT PROJECT ORONO PLAZA, a Partnership, owning land, described as Outlet B, Willow Properties Add,, Hennepin County, Minnesota, also referred to as PIN 33-118-23 11-0003, in Orono, hereby ejects to the making of a sanitary and water main iroproverient on Trunk Highway 12, as described in the undated City of Orono notice for a hearing scheduled for July 24, 1989, to consider the making of said improvement. That this objection is made because the project is premature, is a poorly conceived plan, and because the costs of the improveoient are planned to be allocated and assessed in an unfair and discriminatory manner. Also, the notice is legally insufficient. Dated: July 20, 1989. ORONO PLAZA,a Partnership By a Partner TO THE CITY OF ORONO, THE OROKO CITY COUNCIL AND CITY CLERK; OBJECTION TO IMPROVEMENT PROJECT ORONO CENTER PROPERTIES, a Partnership, owning land, referred to as PIN 28-118-23 44-0001, In Orono, hereby ojects to the making of a sanitary and water main Iffiprovement on Trunk Highway 12, as described In the undated City of Orono notice for a hearing scheduled for July 24, 1989, to consider the making oi said Improvement. That this objection Is made because the project la premature. Is a poorly conceived plan, and because the costs of the Improvement are planned to be allocated and assessed In an unfair and discriminatory manner. Also, the notice is legally Insufficient. ORONO CEjfTER PROPERTIES, a Partnership Dated; July 20, 1989. a Partner 1^ o Tot Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: July 21, 1989 Subject: County Road 51 Parking COuMMEETWfi JUL 24 1989 CITY OF OOOHO At the July 10, 1989, Council meeting the City of Orono was advised that restoration to North Shore Drive from the Hendrickson Bridge to just west of County Road 135 was completed in a manner so as to eliminate on-street parking entirely. Due to vacations and conflicting schedules, I was unable to meet with representatives from Hennepin County until today. On the above date, I met with Wayne Motsomoto, Hennepin County Public Works, at the area in question to determine what area east of the bridge could be posted "No Parking" because of site distance restrictions. During the review at the site, it was determined that there is not proper width of the paved shoulder to allow on-street parking in the area described above. It is our opinion that the parking is restricted due to the type of curbing that was installed. Mr. Motsomoto is reviewing the matter with M.W.C.C. to correct the problem. While we were there, we did determine what area should be posted "No Parking" after proper restoration of the shoulder. Recommendation - To direct staff to continue working with Hennepin County to re-establish the proper width for parking on the shoulder on County Road 51 east of the Hendrickson Bridge, and to meet with the property owners and advise them of where the "No Parking" area will be and to prepare a resolution to be adopted at the August 14, 1989 Council meeting. Proposed Motion - Moved by ___, seconded by to direct staff to r'- '- '*nue working with Hennepin County to re-establish the prr ‘th for parking on the shoulder on County Road 51 east of ..Kson Bridge and to meet with the property owners and 3m of where the "No Parking" area will be and to prepare » : . ution to be adopted at the August 14, 1989 Council me<^ting. Ayoo _ _, nays _ _. To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administrator Forwarded recommending approval. (Si CITY OF QROIMa y3 CITYof ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka July 19, 1989 JUL 24 I98y c/ry OF offonfo o Mr. John Pritchard Select Foods P.O. Box 61 Excelsior, MN 55331 Dear Mr. Pritchard, The Orono Council tabled action on your Horae Occupation License at their July 10, 1989 raeeting as they were inforraed that you wished to address concerns expressed by staff in their review of your license application. Staff has rescheduled your license application before the July 24, 1989 meeting of the Council. Council has directed staff to advise you that they will act on the license application if you once again fail to appear at the schedule raeeting. Please contact my office if you hr»ve any questions concerning this matter. Sincerely, reanne A. Mabusth ^Building and Zoning Administrator JAM/dh cc; Mayor and City Council Mark E. Bernhardson, City Administrator # bUlLDINC 4 ZONfNr,- 473-7357 • ADMINISTRATION A FINANCE - 473-7358 • PUBLIC WORKS - 473-7359 ASSESSING GftAQfcyi- TfcA^;f.t WfiRK t ■ 7u(.y i2,iS8S <>16. , tHe ^►iDeftSN^MfciO , ASt (2feS\OtMT«i QM. O'? f^EA<^ Vcuiy A'SEMvie VNi ccost iGio Ktuy ^v^6^UJC• v>lt A(3.t KGT A(iT4€/?6A O'? MA'ifc M/ (StSti^llAT'O'JS AS ^ H>tVl L. PAUCHA/SA Opt^Ti-'JG A ^O'NALL Q\15K£.SS H\S vAt foGty >-M vWiKH\s euswcss AS IT \S (^GvA. 5c«?rf: tt Ck<r/«<4 \fcu/t^e> ' '^L.iAP Moik. Mi/^y ' 7ay ^ C^c/-/ Saat^yfT^ ft Oiiy'.', A(h*^ ^'9ol r^ci. i-7y? jr&.^ 7u^ i■^%<> ^^l.uA Arc. ansc Ki •^7^/ Q.i^j cCv->-A.^ £^370 ^ ^4?OS~ ^vvt ^ rr'cf— 1^9 3 * kjuu 0 ^^/-OO'rSr ¥7/ -A^£y AZA-yAXS 4^7/' >V7^- 74?^ V7,-f oi<- c/?f - y-7\ -g.02-' V7/-<?j 8'7 ^-7i-r2<f3 Ah-o^tL ^7/-^lb /;’/-/«?.j-z> V?/ -7-35^ y?/- o o COUNCIL MEFTING /(j JUL241989 CITY OF ORONOTo: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: July 21, 1989 Subject: Highway 12 Safety Improvements In December 1988, the City of Orono began reviewing plans from MnDot regarding safety improvements on Highway 12 from Brown Road North to Old Crystal Bay Road. The plan calls for channelization and curb cut removal on the north side of Highway 12 and the realignment of North Bro\^ Ro^d. Public hearings were conducted by MnDot at the Orono Hign School in April 1989 tc receive comments from the public and the affected property owners. Due to concerns by the City uf Long Lake, there may be changes to the plan. Recommendation *■ to receive citizen input and to table any action until plans are complete. Proposed Motion - Moved by , seconded by _ _, to table any action regarding the Highway 12 safety Improvements. Ayes _ _, nays _ _. TO: Mayor Grabek & Orono Council Members Frca: Mark E. Bernhardson. City Administrator Forwarded recommending >r. v.. COUHaL MEETING ;r JUL 241989 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson CITY OF ORONO Prom: Jeanne A. Mabusthr Building & Zoning Administrator Date: July 21, 1989 Subject: Criteria/Standards for Driveways, Roadways (Public & Private) Intent of Memo - At the July 10, 1989 meeting of the Council, staff was asked to review the current policies and ordinances employed by the staff in the process of classifying driveways, private roads and public roads. In addition, staff was asked to review the standards that govern the various levels of improvements for driveways and roadways. Comprehenoive Management ^lan - Please review Exhibits A, Pages 1 through 7, pertinent sections of the Comprehensive Management Plan (CMP) and Section 11.03 (C) of the subdivision chapter that sets forth the written framework of the Transportation Plan of the City. In general, the policy limits the creation of new publically maintained roads in the rural areas, but yet supports the expansion of public roads to serve development in the urban areas of the City. All new developments served by sewer and water shall also be served by public streets. Exceptions to this urban policy would be Planned Residential Developments, commercial developments or sensitive lakeshore areas. Because of the topographies and the low densities of Rural development, roads to serve new development are encouraged to be short, dead-end roads connecting to existing City street systems. Joint use of private roads will be perferred over direct access onto public roadways. The CMP defines local streets as public roads, 50 to 60 feet in width and may or may not be dead-ended/with cul-de-sac. A private road is defined as functioning as a local access street, but is limited to serving 10 residential properties. The right- of-way width is limited to 30 to 50 feet and may dead-end. A private driveway is defined as serving 1 or 2 residences with a maximum of 3 residences per driveway in rural areas only. More users would require a private road. 0MIT3.^« JI-OHIjOa Criteria/Standards for Driveways, Roadways (Public & Private) YTIO Subdivision Regulations - Please review Exhibit B, Pages 1 through 7, sections of the subdivision chapter that governs driveways and roadways, both public and private. Per Section B (2), private roads are required at the level of 3 residences. This is in conflict with the Comprehensive Management Plan section that states "in rural areas up to a 3 user level, a i rivate driveway may still be approved". Review Section 11.32, Subdivision 2 (E) - "Permanent cul-de-sac design roads are to be discouraged", another conflict with CMP. The subdivision regulations as)c that roadways extend to the boundary lines of the property for the purpose of coordinating future subdivisions with adjacent properties. Permanent cul-de-sac roads would only be allowed if there were certain physical conditions preventing a through road or if in the opinion of the City, the extension was not necessary per future road grid system. Review Section 11.32, Subdivision 1 (H) on Page B-6 of your attached exhibits. This section would support the previous section in regard to through road configurations being preferred. A through road may be actually constructed or approved with a temporary cul-de-sac with a road outlot permitted to the edge of the property for future connection. Please raview the suggested standards in the subdivision regulations for rcjd construction, both private and public (Exhibit B-7). Per the table in the subdivision regulations, a private road may serve over 7 units. The Comprehensive Plan recommends that any road that serves 10 or more urits is at a level requiring public maintenance. Right-of-way widths are shown at 50 feet. The Comprehensive Plan has specified 30 to 50 feet for private roads. Under public streets, the right-of-way width is shown at 50 feet. The Comprehensive Plan refers to 50 to 60 feet widths. Cul-de-sacs are specifically limited to 1,000 feet for public roadways with a maximum number of 10 units. Current Practice/Policy of City - In the past 10 years, the only streets accepted as public roads and for maintenance have been Dickey Lake Drive, a 13-lot rural residential subdivision and the extensions of Livingston and Lyric Avenues in Navarre (Navarro pla'.). Countryside Drive, a rural subdivision, is also a dedicated roadway and will be maintained by the City as soon as it is a connecting through road with Old Crystal Bay Road. Based on current code sections and CMP policies. Holly Acres would qualify as public road with a through road configuration and with an excess of 10 units. Based on the directives of the CMP, Planned Residential Developments with more than 10 units such as Hunt Farm, French Creek, Painters Woods, and Sugar Woods may qualify for a private or public road clat ilficatlon. The recent 13 lot Meyer's Dairy (Hilbelink/Vogt) plat provided for a future through road (undeveloped outlets) connection to Woodhaven Drive and to Golden View Drive to the south but the road retained a private road classification. Criteria/Standards for Driveways, Roadways (Public & Private) July 21, 1989 Page 3 of 4 The City Is currently reviewing a 14-lot subdivision In the rural areas. The lots will be served by a cul-de-sac of 1,500+ feet In length. The developer will also provide future road "extension" outlots through property. This road will be classified as a private road. Another division of 18 lots In the rural area will be served by a through road and that road will also be classified as private road. Consistent with subdivision regulation standards but not consistent with the pollc* ss of the CMP. In the Stronghold plat (rural 3-lot plat) and the recent Colwell plat (3-lot rural) accesses were approved at private driveway levels based on configuration of land and/or physical topography limitations. At a 3 lot level, the City for the most part encourages private roads with single curb cuts onto adjacent public streets. A single or 2-lot division may be also served by Individual curb cuts. In 2-lot divisions, the City strongly encourages joint-shared driveways In order to reduce curb cuts onto public roads. Staff's Cur’^ent Policy/Practices Regarding Classification of Roadways - In the rural areas, subdivisions of 3 or more lots shall continue to be served by roads classified as private roads In either through, loop or with cul-do-sac configurations with future road outlot extensions if deemed necessary. Urban subdivisions of 3 or more lots where sewer and water are also provided, the City will ask for a dedicated public road. In the past 10 years, the only public roadway accepted for public maintenance in the urban area was the extension of Livingston and Lyric Avenues. To staff's knownledge, a cul-de-sac road providing sewer and water has not been dedicated or accepted for public maintenance purposes such as Lafayette Ridge Court in the Navarre area (plat approved in 1979 - road is privately maintained). Both CMP and subdivision regulations would define such roads as potential public roads. Standards for Private Driveway Installation - The City has yet to establish a formal driveway permitting system. Currently the Public Works Department reviews all new access/curb cuts onto Orono roads or private roads to assure the following minimal standards have been satisfied: 1. 12* maximum width curb cut at intersection with public or private road; 2. 90 d^jgree angle at entrance to public or private roadway; Criteria/Standards for Driveways, Roadways (Public & Private) July 21, 1989 Page 4 of 4 3. 20* flat area for stopping purposei* at entrance to public roadway; 4. Sighting distance based on speed limit; 5. Check for drainage/size of culvert if culvert is required. Standards for Private Road Installation - In the past 2 years, a developer has been offered 2 options for the Installation of roadways, either the urban section which requires a 28* paved width measured from the inside edge of the curb with bituminous or concrete curbing, or a rural section providing a 24* minimum paved width with 3-6* shoulders. The Sugar Woods and French Creek plats were developed under the urban standards once again at the developers choice. Countryside Drive, Hunt Farm Road, and Luce Line Ridge were developed under the rural standards. Public Road Standards - In recent years, where a public road is to be extended or improved, similar or slightly improved standards have been used. The majority of public roadways in the City do not meet the standards currently set forth in *"^e subdivision regulations at a 28-32* minimum paved width. Public roads in the urban areas of the City are recommended to be constructed per standards for an urban section requiring curb and gutter. I TRANSPORTATION JUNE, 1980 6. THE CITY WILL PURSUE ADDITIONAL PEDESTRIAN D BIKE-HIKE TRAIL FACILITIES. The completion of an interconnected bike-hike trail system is important to the further ance of alternative transportation incentives. The City will encourage Hennepin County to speedily implement the planned bike-hike trail system along several county roads. The separation of bicycle and pedestrian traffic from vehicular traffic is of the utmost importance in accident prevention. 7. THE CITY WILL PROMOTE IMPROVED MASS TRANSPORTATION SERVICES FOR URBAN NEIGHBORHOODS. Orono has established a Park and Ride Transit System. Orono encourages improved bus scheduling and improved service, especially at off-peak hours. Orono strongly supports the "Tonkamobile** program and encourages expansion to provide improved Excelsior-Wayzata.service via Orono's North Shore neighborhoods. TRANSPORTATION POLICIES PUBLIC STREETS IN THE RURAL AREA WILL BE PRIMARILY LIMITED TO THE EXISTING COLLECTOR AND ARTERIAL GRID SYSTEM. The low rural land use density does not require nor can it. economically support an extensive public street system. Rural lot arrangements have always been served by the existing grid streets and are capable of subdivision to the planned rural density without requiring additional public street investments. 2. THE RING ROUTE CONCEPT UTILIZES AS MUCH AS POSSIBLE THE EXISTING RURAL HIGHWAY SYSTEM. The principal corridor for traffic from Minnetrista and points west utilizes Hennepin County Roads No. 6 and 19 and State Highway 12. "■ City of Orono has constructed a key link betw nty Roads 6 and 19. Additional ring rout«. ic uses the existing north-south collector roads *el away from the Lake toward these princlp '/el routes. 3. THE C TY .ONO WILL ENCOURAGE ALL NECESSARY ROAD SURFACE AND INTERSECT^ INJ>ROVEMENTS REQUIRED TO ACCOMMODATE AND TO FACILITATE THROUGH TRAFFIC ON THE RING ROUTE. This will include cooperation with the City of Long Lake in accommodating traffic on Highway 12. CMP 7-11 r 'y fi- JRANSPQRTATIQN JUNE, 1980 0 B RURAL RESIDENTIAL DEVELOPMENTS WILL UTILIZE PRIVATE ROAD FEEDERS TO SUPPLEMENT THE EXISTING PUBLIC ROAD GRID. Because of topographical limitations, the historic shape of rural land divisions, and the low density of rural land use, most new rural residential lots are best preserved by short dead-end roads running off the existing street system. The low number of dwellings on each road, the dead-end configuration and the scattered road locations make public roadway maintenance excessively costly compared to any public benefit. Therefore, roost new rural lots be directly served by privately owned and maintained roadways. New public streets will be accepted where a "through” configuration provides a general public benefit and/or where the number of residences justifies public maintenance expense. PRIVATE RURAL ROADWAYS WILL BE CONSTRUCTED TO RURAL DESIGN STANDAI The City will regulate private road design standards to ensure environmental protection and adequate all- weather access to all properties. The type and width of road surface required will vary with the number of residences to be served and hence the amount of expected vehicle usage. The length of doad-end roads will bo limited for public safety purposes. THE CITY WILL GUARANTEE REASONABLE MAINTENANCE LEVELS AND PUBLIC ACCESS ON ALL PRIVATE ROADS. In the process of approving rural subdivisions, the City will acquire underlying public ingress, egress, and access easements over all private roads. These easements will ensure legal access of the public to all properties served by the private road. Development contracts backed by acceptable forms of financial responsibility will assure that all private roads are designed and constructed according to City- approved standards and specifications. The City will further guarantee that all private roads are maintained to reasonable standards at all times through required maintenance agreements and/or homeowner's associations, and that failure of the private group to so maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefitted properties for the direct cost of such maintenance. CMP 7-12 _ k 3 A traM^PORTATION JUNE, 1980 8. 9. carefully located private roads will generally be preferred over direct access onto public highways from separate properties. RURAL TRAILS ARE AN INTEGRAL PART OF THE TOTAL A^rERNATE TRANSFORATION SYSTEM. Rural trails offer access to county Park Reserve Lands t»om all areas of the City. Rural^traila offer horseback riding as well as walking Ld bicycle opportunities. The City will encourage completion of the planned bike-hike “"^he the private development of rural trails connecting the public trail system with Individual rura’ properties. trails within Orono as inappropriate to the trail basic purpose and as incompatible with adjacent residential properties. THE CITY WILL NOT PROMOTE MASS TRANSPORTATION SERVICES FOR RURAL ORONO. The planned rural land use density cannot economically support public transit services. Existing bus pass through the rural area enroute between Long Lake, wayzata and urban Orono. These routes are sufficient to^serve Orono's rural needs and will in fact provi additional rural service as ' ' ; need for additions urban service increases. No new route locations necessary as rural residents desiring to use trr services will i;se the established park and ride lorations in Navarre ..;d Wayzata. CMP 7-13 ■f f\ -•mi- 3 JUNE, 1980 RANSPQRIAIIM t CENIC PARKWAY Scenic P“^”“j;/sainrptul “anrarpliea “by 0”"° ' rs%yprc:urr-i^c:"c^ v!-:- :”:a :oar:brcrpro:5La.a = cess to »«e--nai^a.eas^ana_^speci^ vxst..^ ,? scenic attractions. High f”“I„se these users ao not benefit the'attraction Because of environmental conducive to efficient thr ^ rebuilt into higher capacity sensitivity, scenic without adversely affecting ‘>'® collectors or minor arteria and/or the property rights of setting, the scenic ^ j the natural topography of the area, *^:n!c’’p.ih:tr“so pr:“a: some of the traffic and local access f"ct^oSrorb:th IocL and collector streets. JURISDICTION: COUNTY OR CITY right-of-way WIDTH: 50-66 FEET i f afireets that function to provide STREET^ Local streets are pu ^streets carry traffic within4, traffic. JURISDICTION; CITY right-of-way width: 50-60 FEET CONSIDERATIONS dead-end: length WILL BE LIMITED BY PUBLIC SAFETY , . "ioTVATE ROAD 1 A private road is a ^“^fveloo^nt’^ that ■?5la" loc.CT in the rural area or ““^in a planne „ functions as a local access street f! The City roads be constructed and .egress and access to all P”P"“*^ ‘b^ire ci-rriir:!!:- - property owners to llmlt^nor of^th ;r* i: ... »* ••••■■' „ by all the oenefitted property owners. aURISDICTION: HOMEOWNERS ASSOCIATION WITH UNDERLYING EASEMENT TO ^ aiGHT-OF-WAY WIDTH; UEAD-ENO .V WIDTH- ~u FEET d I^ENDING UPON NUMBER OF "uSERS length will be limited by public SAFETY CONSIDERATION CMP 7-16 9i RANSPORTATIQN JUNE, 1980 ^JVATE^RIVEWA^ A driveway is a privately owned and privately maintained chicle patr^T^tweeri the street and private property. Private driveways ,..iall be subject to access permits according to the classification of the .cutting street. private driveways will not be subject to any public ^asement or access right, but do require recorded private eaaeiucnts where riveways cross an intervening private lot between the residence served ^id the street. JURISDICTION: PROPERTY OWNER MAXIMUM SERVICE: 1 RESIDENCE TYPICAL; JOINT DRIVEWAYS ALLOWED WITH MAXIMUM THREE RESIDENTS T£R DRIVEWAY IN RURAL AREAS MORE USERS REQUIRE PRIVATE ROAD sfANpARDS DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOLVED OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD ISTING ROADWAY MAI^'^ENANCE JURISDICTIONS ARE REASONABLE AS THEY RELATE THE CLASSIFICATi t^LAN. The State of Minnesota has appropriate risdiction over th i only Intermediate Arterial in the City. 3 Hennepin County Department of Transportation has jurisdiction over 3 only Minor Arterial designated in the Plan. It is anticipated that inepin County will assume jurisdiction in the future over the City- -It ring route link between County Road 19 and County Road 6. inepin County has jurisdiction over most of the designated Scenic •kways which is appropriate in that these roads serve as access to :e Minnetonka and to County maintained landings for many County ;idents who do not reside in Orono. The City has jurisdiction over se Scenic Parkways that are away from the immediate lakeshore, luding the access road to the Orono Golf Course. City has appropriate jurisdiction of most of the Collector and all the local streets which serve all Orono residents. Certain key street ments have been designated for Municipal State Aid construction istance, including: OLD CRYSTAL BAY ROAD from County Paad 6 to Fox Street, County Road 84 WILLOW DRIVE from County Road 6 to State Highway 12 and from the Long Lake border to Fox Street FOX STREET from Willow Drive to County Road 146 McCulley Road (Ring Route link) between County Road 6 and County Road 19 ly, individual property owners have appropriate private jurisdiction r those Private Roads serving only their individual properties. CMP 7-17 i i :! ■ ►d xn » V> TRANSPORTATION JUNE, 1980 URBAN TRANSPORTATION POLICIES 1. 2. LOCAL STREETS IN THE URBAN AREA WILL BE OWNED AND MAINTAINED BY THE CITY. Because the land use and street use density of the urban neighborhoods is relatively high, the City will provide public street access to all urban properties. City responsibility for proper maintenance levels will ensure passable, all-weather streets available at all times for emergency vehicles and for general public ingress and egress. ALL URBAN PROPERTIES SHOULD BE DIRECTLY SERVED BY THE PUBLIC STREET SYSTEM. Urban densit/ development is not appropriate on narrow or poorly maintained private roads. significant exceptions to this rule are in the case of a planned residential or commercial development having private maintenance personnel, or on sensitive lakeshore lots where two homes could be served by one common private driveway to reduce hardcover and topographical problems. URBAN STREETS WILL BE CONSTRUCTED TO URBAN DESIGN STANDARDS. All urban streets will be paved and of sufficient width to accommodate the number of properties being served. Intersections and driveway aprons will be designed and regulated according to commonly accepted engineering safety standards. Street drainage will be designed to utilize existing natural drainage systems and to avoid direct runoff into the Lake. CURB CUTS AND DRIVEWAY LOCATIONS WILL BE LIMITED FOR TRAFFIC SAF All new curb cuts and driveway locations will be subject to performance standards relating to sight distance, lot width and proximity to intersections or other driveways. All properties will be allowed access, but the number of access points and the location of allowable access will be limited for public traffic safety purposes. ON STREET PARKING WILL BE STPICTLY LIMITED. No parking will be permitted on narrow streets or at hazardous locations. All urban development must provide adequate on-site parking f aciliti'v:*. CMP 7-10 41 S 11.03 the entire City as well as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses or any combination of such uses. "Transportation Plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the City and its environs such as streets and highways, public transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan. d. "Commuiiity Facilities Plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi public facilities of the City such as recreational, educational and cultural facilities. e. "Capital Improvement Program" which means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the City, and such other information on capital improvements as may be pertinent. f. "Official Map" means a map adopted in accordance with Minnesota Statutes 462.359 which may show existing and proposed future streets, roads, and highways of the City and County, the area needed for widening of existing streets, roads, and highways of the City and County, and existing and future County State aid highways and State trunk highway r ighcs-of-way. An official map may also show the location of existing and future public land and facilities within the City. In counties in the metropolitan area as defined in Minnesota Statutes 473.121, official maps may for a period of up to five years designate the boundaries of areas reserved for purposes uf soil conservation, water supply construction, flood control and surface water drainage and removal including appropriate regulations protecting such areas against encroachment by buildings, other physical structures or facilities. g. "Surface Water Management Plan" which means a compilation of policy statements, goals, standards, maps and action programs for guiding the future hydrological and hydraulic development of the watersheds and sub-watersheds, water storage areas, drainageways, floodways and filtration systems of the City to control surface water runoff, flood hazards, flood damage and general water quality within the City and its environs including lakes, streams, wetlands, marshes, natural water courses and storm sewer systems or facilities. ORONO CC (4-1-84) B S 11.03 a. "Principal Arterial" - A roadway intended to connect urban subregions with one another, connect urban and sec.ice a.eas wit. -t- intended to connect two or more subregions: f connections outstate; complements principal arterials in high volume corridors. Arterial" - A roadway Intended to connect adjacent subregions and activity centers within subregions. d. "Collector" - A roadway intended to connect neighborhoods within and between subregions. ^ ^neignuui. "Local" - A roadway intended to connect blocks within neighborhoods and specific activities within homogeneous land use^areas^^^^^^__ _ ^ intended to provide low speed and low volume vehicular or bicycle access to or through recreational areas, parks, and lakeshore. g. "Roadway-Deadend" - A roadway with only one fl) vehicular-traffic outlet. « . ,h. "Roadway. Private" - A roadway for the City or other political suodivision snail not be responsible for its maintenance and operation. . „ , ji. "Roadway, Pub_ljL^ - Any roadway for which the City or other political subdivision is or expects to be responsible for its maintenance and operation. 52. "Roadway Right-of-Way Width" - The distance between property lines measured at right angles to the center line of the roadway. 53. "Sale or Lease" - Any immediate or future transfer of ownership, or any possessory interest land, i^lluding contract of sale, lease, ' ^"te=‘^th/hhe? b^^^an interest in a tract of land or part thereof, whether y and bounds, deed, contract, plat, map, judicial decree or other written instrument. Lease of land for agricultural land does not include the use of or future construction of a building is excluded. 54. "Single Ownership" - Ownership by the same person, corporation, firm, entity, partnership, or Ilsociation: or ownership by different corporations a partnerships, entities or unincorporated associations, stockholdeL partner, or associate, or a member of his an interest 'n each corporation, firm, partnership, entity unincorporated association. 55. "Setback" — The shortest distance between a structure and a natural feature, property line or right-of-way line nearest thereto. ORONO CC 422 (4-1-84) 6 9 S 11.10 A. Improvements. All public and/or private improvements required by the City to be completed by the subdivider prior to Final Plat approval, shall be fully completed and shall tr«; r. fully set forth in a subdivider's agreement to be F Final Subdivision approval. All local st^reets in where sewer and water are not available shall be private unless otherwise approved by the City at preliminary subdivision approval. The City reserves the right to determine whether a road is to be public or private in all areas of the City. In chu.. PF..as.i Public streets and roads will be required to be' platted, constructed and dedicated t° th®, required by the Council consistent «ith the recommendations of the Pllnning Commission and the City staff ®"‘^the established City practices and design standards. Public roads tv Ld issued a certificate of satisfactory Engineer prior to Final Plat approval or, when specifically authorized^ the Council, shall >5®°|l subdivider's agreement to be executed prior to Final Plat approval. RnadT**) When the Preliminary Plat has been approved'oti Ui bjUis "Jl^private access road the only access to three or more lots, the P^^i^ate road shall be identified on the Final Plat as a separate outlot. The Private road shall be identified by name if the read serves four lots. Whenever a private road outlot is shall be required to provide for \ P®^association or road maintenance agreement acceptable to the City in order to insure ownership and maintenance of the read outlot. D. Road and Utilities Easements. The Council may, upon recommendation of the Planning Commission require the subdivider to convey to the City certain roa<3 and utilities easements permitting public ingress, egress and access over private roads as a condition of Final Subdivision approval. j Whenever a private access road is authorized, the req. ’ outlot shall in a road and utilitiu ssement in the standard City form. 2. Whenever areas of the plat are to be set aside for public or private utility construction and use, said areas shall be described and dedicated for public use on This shall include areas shown on record p.iat drawings as drainage and utilities easements". is3. Whenever a road and utilities easement is required, the easement shall be fullyapproval using the legal descriptions of the Final Plat and shall thereafter he filed in the chain of title of the property concurrent with the filing of the Final Plat. ORONO CC 442 (4-1-84) 3 $ § 11.31 A. Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvar.tages of topography and orientation. Acces_s_From_AnY—Lots shall not, in ge erai, derlve^'a^cess exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the Council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any arterial roadway. Siibd. 6. Soil Preservation, Grading and Seeding. A. Soil Preservation and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision and the lot precovered with soil with an average depth of at least six (6) inches which shall contain no particles over two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall rot be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least three (3) inches of cover on the lots and boulevards. B. Lawn-Grass Seed and Sod. Lawn-grass seed shall be sown at not less than four (4) pounds to each one-thousand (1,000) square feet of land area. The seed shall consist of a maximum of ten percent (10%) rye grass by weight and a minimum of ninety percent (90%) of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination within one (1) year of the date of seeding, and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right-of-way back to a distance of twenty-five (25) feet behind the principal residence on the lot. No certificate of occupancy shall be issued until respreading of soil and seeding of lawn has been completed; except that during the period of the year when seed cannot be sewn, the property owner and/or developer shall submit an agreement in writing to assure that respreading of soil and seeding of lawn will be done during the immediate following planting season, and shall leave a security in a form acceptable to the City for performance in such an amount as shall be determined by the City. The developer may choose to include final lot grading and required lawn grass seeding improvements in a subdividers agreement and shall leave a security in a form acceptable to the City for performance in such an amount as shall be determined by the City. Sod may be used to comply with any requirements of seeding set forth herein. ORONO CC 455 (4-1-84) XI ■f s S 11.32 safety and welfare of the citizens presently using the roadway and in the future will be protected and will not be adversely affected by the increased use of the roadway caused by the subdivision. This improvement shall be accomplished prior to final subdivision approval unless the City agrees and the subdivider provides a suitable performance bond to complete the improvements in the subdivider's agreement. w B. Access to Improved Public Roadways Over Existing I Private Roadways. Wherever the area to be subdivided is to utilize / an existing private roadway in order to gain access to the public I roadway, such private roadway shall be suitably improved as / provided herein above for public rofdways. ^ Subd. 2. On-Site Roadways. A. Grading and Improvement Plan. Roadways shall be graded and improved to conform to the City's construction standards and specifications and shall be approved as to design and specifi cations by the City Engineer, in accordance with the construction plans required to be submitted prior to final subdivision approval. B. Topography and Arrangement. 1. Roadways shall be related appropriately to the topography. Roadways shall be curved wherever possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as many as possible of the building s^^es above, the grades of the street. Grades of streets shall conform as closely as possible to the original topography. combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of this Chapter. ^ 2. All streets shall be properly integrated I with the existing and proposed system of thoroughfares and \ dedicated right-of-way as established in the Comprehensiv^j Municipal Plan. ^ 3. All thoroughfares shall be properly related to specific traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses. 4. Roadways shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility 5° require the minimum number of roadways necessary to provide convenient and safe access to property. • 5 The gridiron roadway pattern need not I necessarily be adueted to, and the use of turvllinear roadways or I U-shaped roadways shall be encouraged where such use will result in^ 4^ a more desirable layout. ai r:I dt y Ml n ORONO CC (4-1-84) e § 11.32 6. Cul-de-sacs shall be discouraged; proposed “IK;.?; r‘;Ki;KS'.s?‘;‘.rKLiK.5iK ;“,'%v'?r/r k ? subdivis^ion with the existing layout or the most advantageous future development of adjacent tracts. 7, In business and industrial developments, the roadways and other acc-;rsways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, truck loading and ®"twalks and parking areas so as to minimize conflict of "lovement between the various types of traffic, including pedestria . C. Blocks. 1 Blocks shall have sufficient width to provide for two (2) tiers of lots of aPP'°P‘^ * Exceptions to this prescribed block width shall be permitted in blocks adjacent to arterial roadways, railroads, or waterways. 2. The lengths, widths, and shapes of blocks shall be such as are appropriate for the development contemplated, but lengths in residential arw^ shall not exceed one thousand five hundred (1,500) feet or twelve (12) times the minimum lot width required in the zoning district, Li be less than four hundred (400) feet in length fF®"! to centerline of adjacent streets. Wherever practicable, blocics along arterials collector roadways shall be not less than one thousand (1,000) feet in length. 3 In all blocks the City shall require the reserve-ion of an easement through the block to accommodate utili ties, drainage facilities, or pedestrian traffic. Pedestrianw3-u or crosswalks, not less than ten (10) feet wide- ind^id tloo)the City through the cen-er of blocks more than eight hundred (800) feet long where deemed essential to provid. circulation of access -o schools, playgrounds, shopping centers, transportation, or other communTty fa^ciUties. kock^designed for industr al uses shall be of such length and width as may be determin ed suitable by the City for ospective use. D. Access to Primary Arterial.^ Where a subdivision borders on or contains an existing arterial, the City may require that access to ouch roadways be limited by one of the following means: 1. The subdivision of lots so as to back onto the arterials and front onto a parallel local or collector roadway; no access shall be provided from the arterial, and ® . be provided in a strip of land along the rear property line of such lots. ORONO CC 458 (4-1-84) 6 s 11.32 2. A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed to such a parallel street, with ti.e rear lines of their terminal lots backing onto the arterial. - 3. A marginal access or service road separated from the arterial by a planting or grass strip and having access thereto at suitable points. E Road Names and Street Addresses. The sketch plan as submitted shall not indicate *nystreets. The City shall name all roads at the time of pre. nary subdivision approval and assign street addresses. The cal postmaster shall be consulted by the Zoning gi»nlna fVom other shall be sufficiently different in sound and in spelling from other road names in the area sc as not to cause confusion A road which is or is planned as a continuation of an existing road shall bear the same name. F. Road Regulatory Signs. The subdivider deposit with the City at the time of final subdivision approval the sum of money as determined by the City for each installation cost thereof. The City shall install all road signs before issuance of certificates of occupancy for any residence on the streets approved. The City snail Place all signs at developer's expense at all intersections within or abutting the subdivision, the type and location of which tc be approved by the City . G. Reserv- Strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to such street.^ H. Construction of Roads and Dead-End Roads. 1 Cc- truction of Roads. The arrangement of streets shall provide for the continuation of streets between adjacent prc ertles when such continuation is necessary coLenient^ movement of traffic, effective fire efficient provision of utilities, and where ^ accordance with the City Comprehensive Municipal adiacent property is undeveloped and the street must 1*®^ stt'-et te^mporarlly, the right-of-way shall be extended to^the nrfj t line The City may limit the length of temporary dead l^reeL' ,• accordance wUh the design standards of this Chapter. 2. Dead-End Roads (Permanent). Where « toad does .lot extend to ’ the boundary of the subdivision -ts continuation is not required by tie City for a. Ing Drooertv, its terminus shall normally not be nearer t^ -ucn bou^daty^ t.ian fifty (SO) feet. However, the J"*/ reservation of an appropriate easement to accommodate drainage ORCNO CC (4-1-84) -"I 7 £ S 11.33 I D. Intersections shall be designed ® t sraa ftf at least thirty (30) feet in a residential area ^nd^^8i"x^y (60) feet iTa commercial oc Indcstrial ^he Shopping area Shall be designed to provide a maximum grade of two (2) percent. E Where any street intersection will earth banks ot existing ''«9«tation inside °7"*he subdividet ^ra?rctt“sl‘cV°gS^f-or veg^ F. The crown of all streets, including intersections, shall be three percent (3%) or less. Subd. 4. Typical Section. The typical section indicated "tion)'"anc- may^b^subject'?o chL\“I ®"slu‘'borin ‘gs may be required to w.e determined by the City. Private Street - Residential Units R.O.W.*M.P.W.** 3-6 50*24’ Over 7 50*28' Public Street - Residential Units R.O.W.*M.P.W.** 3-10 50*28* Over 10 50*32’ Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Class 5 100% crushed 3" 2341 Bituminous Surface Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 8" Class 5 100% crushed 3" 2341 Bituminous Surface nui^erof°uJi!2f on'cii-delsac Public S«-r<M>h - Commercial or Industrial Units 1+ R.O.W.* 70* M.P.W.** 32* - 10 Section 8** Class 48" Class 5 100% crushed 4" 2341 Bituminous surface * Right-of-way width ** Minimum Paved Width ORONO CC (4-1-84) .»-w 'T.- wmm ’/. ;:if ' \1 'I 7 e S 11.33 D. Intersections shall be designed with a flat stopping area of at least thirty (30) feet^ in a residenti?.I srea and sixty (60) feet in a commercial or industrial ar-r,. The stopping area shall be designed to provide a maximum grade of two (2) percent. E. Where any street intersection will involve earth banks or existing vegetation inside any lot corner create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including trees) in connection with the grading of the right-of-way toJ:he extent deemed necessary by the City to provide an adequate sight distance. F. The crown of all streets, including intersections, shall be three percent (3%) or less. Subd. 4. Typical Section. The typical section indicated herein is as determined for a Clay Subgrade (A-6 Soil Classifica tion) and may be subject to change. Soil borings may be required to be determined by the City. Private Street - Residential Units R.O.W.* M.P.W.** 3-6 50’ 24* Section 8" Class 5 100% crushed 3" ^341 Bituminous Surface Over 7 50* 28*8" Class 5 100% crushed 3" 2341 Bituminous Surface Public Street - Residential units R.O.W.* M.P.W.** 3-10 SO' 28' Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface Over 10 50' 32'8" Class 5 100% crushed 2341 Bituminous Surface Maximum cul-de-sac length - 1,000* Maximum number of units on cul-de-sac - 10 Public Street - Commercial or Industrial Units R.O.W.* M.P.W.** 1-K 70* 32* Section 8- Class 4 8** Class 5 100% crushed 4** 2341 Bituminous surface * Right-of-way Width ** Minimum Paved Width ORONO CC ^^2 (4-1-84) - - . '■* ‘ r.... 71389.1 TOs Mayor and City Council FROMt Mark E. Bernhardson, City Administrate DATE: July 13, 1989 SUBJECT: 1990 Budget ^OUm MEETING JUL 24 1989 CITY OF mil Attachments:A. Estimated Preliminary Budget Levy and Expenditures ISSUE ~ Consideration to establish a maximum tax levy and budget expenditure for 1990 in order to comply with the existing 1988 property tax law. INTRODUCTION - Given the Governor's veto on the 1989 property tax bi 11, the city is under the provisions of the 1988 tax "reform" which include "Truth In Taxation" provisions. Under these provisions the City has the following deadlines: 1 August - Certification of preliminary maximum tax levy, 15 August - The City is to submit a "final" preliminary estimate based on work provided to it by the County. (The County will probably not be able to provide and so the City will need to estimate it.) 25 October - The City must establish its final levy and budget for certification to the County. DISCUSSION - Under the procedure established the City does have Fhe r ight to decrease below the maximums established, however they cannot go above them once they are set on August 15th. At this time the maximum levy proposed is based upon information available. The City is restricted to a 3% levy plus the community's growth as reflected by households growth from 1988- 89. This is about 2%, so the maximum levy is limited. Because of the fact that all the information needed is not presently available, staff has left a little "cushion" in establishing that number. Additionally included are the maximum special levies estimated to be taken for 1990. The actual budget levies may be lower but felt it is best to maximize the amount. Regarding maximum expenditures we have included the budget plus approximately 5% "cushion" at this time should there be any inordinate expenditures that are not anticipated prior to budget completion, that arise during the budget process. It would also be appropriate that the motion include the fact that this proposal is based on current law and should the law be changed in a special session that this is no longer valid as the . ‘-V ^ City may be required to levy an alternate amount ALTERNATIVES 1. Set the maximum levy and expenditure amount as proposed. 2. Alter the maximums. 3. Take no action. RECOMMENDATION - It is recommended that the Council set the maximum as proposed subject to modification should additional information come in between now and the 31st of July. seconded by that the CouncilPROPOSED MOTION - Moved by _ _ establishes $1,514,658 as its maximum tax levy (levy limit base plus special levies) together with establishing $2,925,000 as a maximum General Fund expenditure amount for 1990. These amounts may be amended downward should the City choose by its budget process to so revise, and these amounts are subject to change should the State alter the property tax system for 1990. Ayes __, Nays __. 71389.lA 1990 BUDGET PRELIMINARY MAXIMUM ESTIMATES Levy Limit Maximum LGA - State Aids Levy Limit Maximum Plus Special Levies Total Levy Expenditures 1989 1990 BUDGET ESTIMATE % 1,521,112 1,598,080 5 168,422 168,422 1,352,690 1,429,658 5.7% 30,000 35-85,000 1,382,690 1,514,658 9.5% EXPENDITURES 1989 1990 BUDGET BUDGET 2,720,660 2,925,000 7.5% (Estimate plus 51) 71389.2 TOs Mayor and City Council FROMi Mark B. Bernhardson, City Adrainistrato DATE: July 13, 1989 SUBJECT: Transfer of Funds n COUWai MEETING JUL 24 1989 ^ Of (MONO Attachment:A. Proposed Transfer Resolutions B. Emergency Contingency Resolution Dated 9/13/78 C. Building Capital Outlay Resolution Dated 12/13/82 ISSUE - Consideration of the allocation of selected funds currently undesignated in the General Fund which have been contemplated for specific purposes, but not specifically designated. INTRODUCTION - In the past the general financial direction of the City provided for the following: A. Emergency Contingency Account - To cover emergency expenditures that may come up during the year which would not otherwise be anticipated or budgeted. B. Cash Flow Reserve - The City maintains in the General Fund sufficient monies to cover its cash flow during the first six months of the year when no property tax or State Local Government Aid (LGA) money is received. C. Facilities - Additional monies not specifically earmarked have been anticipated to be used primarily for new facilities. DISCUSSION - During the recent Legislative session the Legislators began discussing the issues of cities with large undesignated reserves as a possible way to reduce the amount of State monies going to certain jurisdictions. This was something that was done approximately 5 or 6 years ago with school districts and they used these undesignated reserves as a means to reduce the State Aids to these schools. There was no activity in the 1989 property tax bill regarding this, however, it is expected that either during a special session this fall or during the 1990 Legislative session this will be an issue that will be explored much more closely. While the City may have specific uses for the money and even designation in a resolution of •undesignated" funds that are labeled "Reserves" in the General Fund, that may not be sufficiently distinguishing when the Legislature and the State look at it in total. As such perhaps substantial amounts of the $168,000 in annual State LGA that the City does receive, may be at risk if the City is "determined" to have excess reserves. There is a probability that there may be an appeal process to get these classified otherwise once the legislation has taken effect, however, that may be a substantial effort that may be able to be avoided at this present time. As a result of this the staff is suggesting the following four actions. Emergency Contingency - That the $325,000 currently designated in the General Fund be transferred to the Permanent Improvement Revolving Fund and specifically earmarked within that fund that it is there for emergency purposes and can only be authorized to be used through Council action. 2. Ca^h F_low Reserve - That this amount of money calculated by the Finance Director as needed for cash flow primarily during the first six months of the year be designated as such and left in the General Fund. This totals about $700,000 as of 1 January 1989. Building Fund - That the monies not used in the first two Items be dedicated towards this fund. This would be under Council control and no appropriations would be able to be undertaken over $ 500" without Council approval. 4. Interest Income - Since the General Fund has been somewhat dependent on the interest income for budgetary purposes it would be recommended that the sufficient interest from the building fund be designated to the General Fund budget in order to balance the budget for the year. By placing this in designated areas for specific purposes particular i ly away from the General Fund it could lessen the risk of State LGA reduction, (Should a special session reduce or total eliminate State LGA to cities this may be moot. They however could use reserves in Levy Limit calculations also as a means to keep taxes down.) ALTERNATIVES - 1. Adopt as proposed, (see attached Resolutions) 2. Modify and adopt. 3. Table. 4. Take no action. RECOMMENDATION - It is recommended that the Resolutions be adopted as presented or modified as chosen in advance of the special session and that the sooner they are adopted the better. This is not a guarantee that this would prohibit the State from using existing reserves as of the end of '88 In any computation of Slate Aid, but it would be an action that could limit it In the future. In addition It can be noted that should the money be used in the Building Fund f-at it ran be transfered to other designated funds should the City choose to do so in the future. PROPOSED MOTION - Moved by , seconded by , (1) to adopt Resolution #__ transferring tTTe Emergency ConTingency Account assets and fund balance from the General Fund to the Permanent Improvement Revolving Fund, effective August 1, 1989, (2) to adopt Resolution #__ transferring $1,90*^,000 from the General Fund to the Building Outlay Fund for buildings capital outlay and (3) to credit the interest earned in the Building Capital Outlay Fund to the General Fund as a budgeted source of revenue. Ayes __f Nays ___. cc; Tom Kuehn, Finance Director ■'i 71389 CITY * -OF 'ORONO City of ORONC RESOLUTION OF THE CITY COUNCIL NO. . A RESOLUTION TO AMEND RESOLUTION 1941 WHICH BSTABLISHED THE EMERGENCY CONTINGENCY ACCOUNT WITHIN THE GENERAL FOND BE IT HEREBY RESOLVED by the City Council of the City of Orono, Hennepin County, Minnesota: 1 The Eniergency Contingency account established in the General Fund is hereby transferred in its entirety to the Permanent Improvement Revolving Fund, to be continued as the Emergency Contingency Account. 2.The Account is to continue to be restricted for use in a catastrophic situation or for temporary emergency funding, and as such can only be used as a short-term loan to other accounts or funds and must be repaid with interest on a schedule established when each loan is made, with the maximum period of 24 months. 3. The amount to be provided from the General Fund and/or the several operating funds of the City is $30,000 annually unless other action is approved by Council. 4. Each loan is to be approved in advance by Council adoption or a resolution. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on July 24, 1989. ATTEST:Edward Callahan, Acting Mayor Dorothy M. Hallin, dity ClerR CITY OF ORONO city of ORONC RESOLUTION OF THE CITY COUNCIL NO. _______________ A RESOLUTION TO TRANSFER MONIES FROM THE GENERAL FUND TO THE BUILDING OUTLAY FUND WHEREAS, the City has previously established the Building Capital Outlay Fund for the collection of monies through transfers from the General Fund to eliminate or greatly reduce the need for future sale of bonds for facilities construction, and; WHEREAS, the City is currently in the process of determining new building facilities for the Police, Public Works and Administrative offices, or a combination thereof, and; WHEREAS, the City has certain monies available in the General Fund which can be used for such purposes, and wishes to indicate this intention to the State Legislature. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that $1,905,000 be transferred from the General Fund to the Building Capital Outlay Fund and that the respective budgets of each fund are hereby amended to reflect the transfer in or out and the increase in or use of fund balance. BE IT FURTHER RESOLVED, that the interest earned from this transfer is to be credited to the General Fund to the extent requried to meet the amount budgeted for interest revenue. Adopted by the City Council of the City of Minnesota at a regular meeting held July 24, 1989. Orono, ATTEST:Edward Callahan, Acting Mayor Dorothy M. Hallin, City Clerk RESOLUTION #941 / TpVitfMeiMr 13 A RESOLUTION TO ESTABLISH AN EMERGENCY CONTINGENCY ACCOUNT WITHIN THE GENERAL FUND WHEREAS, the City Of Orono is concerned that emergencies may arise in the future over which it has no control financially, and WHEREAS, the City of Orono wishes to lessen the possible impact from said emergencies by establishing an Emergency Contingency account within its General Fund, and W.IEREAS, the Emergency Contingency account is to be restricted for use in a catastrophic situation or for temporary emergency funding, and as such the account can only be used as a short-term loan to other accoiints or funds and must be repaid with interest on a predetermined schedule established when each loan is made, but in no case can a loan be made for more than a twenty-four (24) month period. NOW, THEREFORE, BE IT RESOLVED that: 1. The Emergency Contingency account is hereby established in the General Fund. 2. The Emergency Contingency account is to be funded through a portion of the profits of the various operas.ing fxmds of the City. 3. The amount to be provided from the various operating funds of the City is $30,000 emnually in so far as is possible each year. Adopted by the City Council of the City of Orono, Minnesota atY OF QRQfVAO MclJr C City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1445_ _ _ _ A RESOLUTION ESTABLISHING THE BUILDING CAPITAL PROJECT FUND WHEREAS, the City of Orono recognized the need for.adequate building facilities for housing the police, public works, administrative and other City departments; and WHEREAS, provision for annual additions to a Building Capital Project Fund can eliminate or greatly reduce the need for future bonding requirements. NOW, THEREFORE BE IT RESOLVED that the Building Capital Project Fund is hereby established and further, that it is to be funded through transfers from the General Fund and in such amounts as stipulated in the annual General Fund expenditure budget. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on December 13, 1982, ATTEST! Alberta M. Strom, City Clerk 71389.6 TO: Mayor and City Council FBOH: Mark E. Bernhardson, City Administrat DATE: July 13, 1989 COUNai MEETMG JIIL 241989 on OF OROHO SUBJECT: Mr. John Hollander/Request to Speak to Council Attachments:A. John Hollander Letter Dated 5/23/89 B. City of Orono Letter Dated 6/30/89 C. City of Orono Letter Dated 7/11/89 ISSUE - Making available to Mr. John Hollander the opportunity to speak to Council on issues of concern to Mr. Hollander. INTRODUCTION - As noted Mr. Hollander requested the opportunity to speak to the Council at the July 24, 1989 meeting. Attachment C outlines perhaps some of the issuer> he may discuss although Mr. Hollander has not specifically outlined what issue he will choose to speak to Council about. ALTERNATIVES - 1. Acknowledge. 2. Table for further discussion. 3. Direct staff to research specific issues. RECOMMENDATION - It is recommended that the Council, after Mr. Hollander has had an opportunity to speak, direct staff on any issues that they would choose to have more information on. PROPOSED MOTION - Moved by _, seconded by _, that Council direct staff respond on issues they desire more information. Ayes _, Nays _. cc: Mr. John Hollander, 200 Hollander Road, Wayzata arvf OF QRaNO CIT\ of OKOIVO Post Office Box 66•Crystal Bay. Minnesota 55323• Municipal Offices On the North Shore of Lake Minnetonka TO: John Hollander PROM: Dorothy Hallin, City Clerk DATE: June 30, 1989 ^OBJECT: July 24, 1989 Council Meeting This is the reminder that you had requested in regard to your appearance before the Council at their July 24, 1989 meeting. Please notify Mark Bernhardson, City Administrator or myself at 473-7358 before July 12, 1989 if you wish to be placed on the July 24, 1989 agenda. cc: Mark E. Bernhardson, City Administrator BUILDING a ZONING - 473-7357 A55i:SSLNG administration a RNANCE - 473-73SS PUBLIC WORKS - 473-7359 crrv ORONa CITl ■/lTTWi.vlrfWSTjT 0. > Post Office Box 66*CrysUl Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka July 11, 1989 Mr. John Hollander 200 Hollander Road Wayzata, MN 55391 Dear Mr. Hollander, On May 23, 1989, you hand delivered a letter to the City indicating that any further intrusions on your property by City Inspectors would be considered to be trespassing by you. The staff has been instructed not to proceed onto your property without specific invitation from yourself or an appropriate search warrant for probable cause. The City may however continue to make observations from other properties abutting yours. In our discussion on the 23rd you indicated that you had complaints regarding the wood and tractor storage at 250 Hollander Road and also the fence at 335 Hollander Road. I have requested that these be reviewed by the staff and it is my understanding to the extent that wood is not stacked against the building on the property and is stacked in an orderly manner, such as a firewood stack, it is acceptable. Regarding the tractor, the tractor may only be stored within a building or screened from public. (Please see the attached ordinance section.) Regarding the fence at 335 Hollander Road, the location of the fence is such that it does not present a set-back problem. A six foot high fence is allowed on the side and rear yards behind the front yard line. The problem in your case was a fence request across the front of the property, where such a fence would not be allowed without a request for a variance. In our discussion you also indicated your interest in forming an Orono Homeowners Association. The two issues you indicated were of concern were; development on Willow and Highway 12. You stated that you were not really sure what the issue was on Willow Road, however you did indicate that the concern on Highway 12 was the City's condemnation of property for a re routing of Highway 12. I reviewed this issue with Mr. William Crawford of MnDOT District 5. He has indicated that selection of BUILDING A ZONING - 473-7357 ASSESSING ADMINISTRATION A FINANCE -473-7338 PUBUC WORKS - 473-7359 Mr. John Hollander July 11, 1989 Page 2 the corridors to be studied, the actual selection of a corridor and the eventual acquisition of right of way, should additional right of way be needed, are all responsibilities of the Minnesota Department of Transportation and are not decisions that will be made by the Crono City Council. You did ask whether you would be able to use the Council Chambers for such a meeting. Please contact Dorothy Hallin to make arrangements for such. Finally you had requested an address listing of all city voters. You may do this by contacting the Hennepin County Elections Department at 348-5103 for the list. They can give you the amount that listing would cost. Chief Kilbo Jeanne A. Mabusth, Building & Zoning Administrator Enclosure •* •** odorous or solid matter o£ such quality and quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Subd. 7. Vibration. Any use creating periodic earth- shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. Subd. 8. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from "R" Districts and public streets. Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturina of products which could decompose by detonation shall be located not less than 400 feet from any "R" District line. Subd. 10. Screening Required, required in residential zones where: Screening shall be A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and, B. Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. Subd. 11. Screening, Type of. The screening required herein shall consist of a solid fence or wall at least 50% open, not less than four feet nor more than five feet in height bu shall not extend within 15 feet of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right- of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence shall be considered solid if it blocks direct vision. Planting of a type cOproved by the Planning Commission may also be required in .'dition to, or in lieu of, fencing. Subd. 12. Maintenance. In all districts, all .structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. Subd.*.13. '■'^^Exterior‘Storage-in-"R" Districts. In all "R" Districts, all mobile materials and equipment shall be stored ORONO CC (4-1-84) .:*r. ■ • *--*1 • r" ^----- nlv 0 a hiiildina or fully screened so as not to be visible from »^?ntnina orooe/ties, except boats and unoccupied trailers less ?han 20 fe^et iriength* iS^hich are not stored for commercial pSrposes/n st^^^^^^ to the rear of the house and a distance of 10 feet or more from any property line. Source: Ordinance no. 172 Effective Date: 1-1-75 Subd. 14. Waste Materials. Waste material shall not be washed into the public storm sewer system nor the system without first having received a permit to do so City If said permit is not granted, a devised which will not require the keeping luch vacant land free of waste material and noxious weeds. Subd 15. Drainage. No land shall be developed and no use shall be permitted that results in water runoff flooding, or erosion on adjacent properties. -^4-0 areaproperly channeled into a storm drain, water course, ponding area or other suitable facility. subd 16. Traffic Control. The traffic generated by ^y use shall be channelized and controlled in a manner right-of-way lines. cmK/1 T7 Radiation, Etc. No activities shall be to radio and television reception other than tna- or the disturbance. SBC. 10.61. SPECIAL PBO71SI0SS. regulations: ORONO CC (4-1-04) r-j -V . r'-s-.r'-—• - ffc- - 72089.6 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator DATE: July 20, 1989 SUBJECT: Tour Oe Lake Bicycle Ride /I COUNOL MEETING JUL 241989 CITY OF ORONO Attachment: A. Chief of Police Memo Dated 7/20/89 B. Wheels and Spokes Inc. Letter Dated 7/16/89 ISSUE - Presentation of information in advance of application for permit for this special event. INTRODUCTION - As you may recall this bicycle race caused some problems when it was held this spring. In part these problems were related to the construction on Shadywood and North Shore Drive. DISCUSSION - The Chief has outlined the conditions that he feels are appropriate should this race be conducted again. As noted there is some question as to whether Wayzata will authorize the undertaking of this bicycle race for this fall. It should be noted in the Marcus letter that she felt there was a lack of communication between the Chief and members of his department. I feel the burden in this matter was a result of lack of planning and control on the part of the sponsors in this race. ALTERNATIVES - 1. Accept the information. 2. Indicate whether Council is interested in issuing the permit for this event. 3. Table pending an application. 4. Table for further discussion. RECOMMENDATION - It is recommended that the Council indicate problems that they may have heard or experienced regarding this race in the past and their position on whether they would allow this to go forward with the conditions outlined or any other conditions Council feels appropriate. PROPOSED MOTION - Moved by _, seconded by _, that the Council after having discussed the matter table the consideration pending a formal application. Ayes _, Nays _. cc: Shares B. Marcus, Wheels and Spokes Interof-fice Memo Date: July 20, 1989 To: Mark Bernhardson, City Administrator From: Mel Kilbo, Chie-f of Police Re: Tour De Lake Bicycle Ride I have reviewed our case file, dated 5/21/89, which involved problems with the last tour. Miss Sharree Marcus, at that time, indicated to me that she had sufficient personnel and had made arrangements with construction company and residents along Shadywood Road. The personnel were not in place and the construction crew advised police they would not be responsible for their safety and police had to stop movement through Shadywood Road. Some of the tour people were unhappy with this move. There is question Wayzata may not issue a permit for this race. If the Council wishes to isse the permit, I request the following conditions: 1. ^300 paid in advance for overtime, regular officers and reserves. 2. Signs clearly marking the route. 3. least 2 officers at each major intersection to direct bicyclists where to go. 4. Strategically placed relief stations/information centers to assist bicyclists. 5. Have several vehicles to drive the tour route to assist bicyclists. 6. Every bicyclist should be provided with an accurate map. 1 Sharee B. Marcus Wheels and Spokes, Inc. 1313 SE 5th S., Box 84 Mpls., MN 55414 July 16, 1989 The Orono City Council: I am wriitng regarding the Tour de Lake Minnetonka bicycle ride that we organized for May 21, 1989 and would like to do it again Sept. 17, 1989. I am planning on attending your council meeting Monday evening July 24, 1989 at 7 p.m. and discuss these issues with you then: For the Sept. 17 ride we plan to limit our attendance to 2000 riders with no day of ride registration. We will have triple the amount of vo’unteers to help at various locations on the route to avoid confusion of the route. This time however, the road will not be destroyed by construction; We already have 50 volunteers lined up. We will have designated parking already assigned and volunteers to direct traffic to those locations. There were many problems on our spring ride that occured. Many of those problems have been ironed out on our em., but there was some miscommunication between officers and chief o^ police and hope that this meeting will help clear those problems up. Hope to see you on the 24th of July. If you have any questions, please call Sharee at 729-2453. Sincerely, P.S. frrfr) aht lo irruJe 4 TiCO. 00 h Sharee B. Marcus Inddkj- a irUniTtli'n ink^rdfmj puft iMifh \^atum4 ahimi ^ TEsa > £41 DATE: July 19, 1989 TO: Chief Kilbo, Orono City Council FROM: Officer Chuck Schauss SUBJECT: Tour d Lake Minnetonka Ou May 21, 1989, VTheels and Spokes, Inc., conducted a bicycle tour that went through the City of Orono. The problems encountered that day by the Police Department as well as the citizens, were n\2merous. The event was poorly organized and the organizers were uncooperative with this agency as well as the agencies of the other communities that the tour went through. The markings of the route were totally inadequate and consisted onlv of painted arrows on the asphalt. There were no officials posted anywhere along the route to give the bicyclists directions, nor were there any relief stations or chase trucks that apparently had been promised the to the bicyclists. The bicvclists were given maps at the '^ginning of the route, that were totally wrong. This resulted in bxcyclists scattered throughout the Lake Minnetonka area. One bicyclist was struck and injured in the City of Minnetrista on a County Road that she would not have been on had the directions been more clear. Bicyclists who went through the construction area at Co. Road 19 and Co. Road 51, were nearly struck several times by con struction equipment as well as passing vehicles. Hennepin County Sheriffs Radio logged no less than 12 citizen complaints of bicyclists all over the roadway, which created numerous traffic hazards. I had scheduled 4 Reserve Officers to assist for this event and found that number to be totally inadequate. I had to call in an additional 5 Reserve Officers. In addition I had to work 5 hours of overtime to try to control the situation that had clearly gotten out of hand. Re serve Officer Achey was stationed at Co. Roads 19 and 51. He wrote a rather lengthy report regarding the hazards at that particul?^ Inter section as well as the attitude of some of the tour officials. It should be noted that the volunteers that were assigned to assist Officer Achey at that location were two 14 year old girls who had absolutely no concept of what to do. It should also be noted that when Wayzata Officer Bennett was told to advise the tour officials that their maps were wrong and that there were no relief stations or chase trucks, one tour official simply shook his head and shrugged his shoulders at Off icer Bennett, and walked away. While this officer was at the beginning point in Wayzata, and individual who identified himself as an official of an international bicycle tour association, approached me and apolo gized for how poorly the tour was run. He implored this officer not to judge all bicycle tour groups by the obvious incompetence of Wheels and Spokes. In order for a tour like this to be run effectively and safely, the following should be provided for: 1. signs along the route, clearly marking the tour area, 2. at least 2 officials at every intersection to direct bicyclists as to where to go, 3. strategically placed re lief stations and information centers to assist the bicyclists, 4. at least 3 vehicles to drive the tour route and assist bicyclists who have Page 2.memo to Chief Kilbo, Orono City Council either tired out or whose bikes have broken down and 5. every bicyclist should be provided with a map, that is at the very least, accurate. I wish to point out that these were the very things that were pro mised for this tour, but were not provided. I also noted that in Ms. Markus* letter, addressed to the City Council, dated July 16th, that she is going to provide "triple the amount of volunteers" and that she had 50 already lined up. These volunteers are of no real value since Wheels and Spokes did not bother to advise or train them as to what they are supposed to do. I also noted that in the letter she makes reference to a communication problem between the Chief and the Officers, this is clearly not the case, any miscommunication was between her, the bicyclists and with this department. In my tenure as a police officer with the City of Orono, as well as my previous law enforcement experience, I have had ni^erous dealings with organizations that put on events such as this, including mara thons, triathalons and bike tours. Wheels and Spokes is clearly ^e least competent organization that I have seen. This organization s past performance would make this point self evident. It is this officers opinion that any bicycle tour, organized by Wheels and Spokes is clearly dangerous to both the bicyclists and to the citizens of Orono, and this officer recommends in the strongest posspl€ terms, that the City Council does not grant this organization a permit. DATE: July 19, 1989 TO: Chief Kilbo, Orono City Council FROM: Officer Chuck Schauss SUBJECT: Tour d Lake Minnetonka On May 21, 1989, V/heels and Spokes, Inc., conducted a bicycle tour that went through the City of Orono. The problems encountered that day by the Police Department as well as the citizens, were numerous. The event was poorly organized and the organizers were uncooperative with this agency as well as the agencies of the other communities that the tour went through. The markings of the route were totally inadequate and consi:>;ed onlv of painted arrows on the asphalt. There were no officials pasted anywhere along the route to give the bicyclists directions, nor were there any relief ‘"tations or chase trucks that apparently had been promised the to tne bicyclists. The bicyclists were given maps at the beginning of the route, that were totally wrong. This resulted in bicyclists Icattered throughout the Lake Minnetonka area. One bicyclist was struck and injured in the City of Minnetrista on a County Road that she would not have been on had the directions been more clear. Bicyclists who went through the construction area at Co. Road 19 and Co. Road 51, were nearly struck several times by con struction equipment as well as passing vehicles. Hennepin County Sheriffs Radio logged no less than 12 citizen complaints of bicyclists all over the roadway, which created numerous traffic hazards. I had scheduled 4 Reserve Officers to assist for this event and found that number to be totally inadequate. I had to call in an additional 5 Reserve Officers. In addition I had to work 5 hours of overtime to try to control the situation that had clearly gotten out of hand. Re serve Officer Achey was stationed at Co. Roads 19 and 51. He wrote a rather lengthy report regarding the hazards at that particular inter section as well as the attitude of some of the tour officials. It should be noted that the volunteers that were assigned to assist Officer Achey at that location were two 14 year old girls who had absolutely no concept of what to do. It should also be noted that when Wayzata Officer Bennett was told to advise the tour officials that their maps were wrong and that there were no relief stations or chase trucks, one tour official simply shook his head and shrugged his shoulders at Off icer Bennett, and walked away. While this officer was at the beginning point in Wayzata, and individual who identified himself as an official of an international bicycle tour association, approached me and apolo gized for how poorly the tour was run. He implored this officer not to judge all bicycle tour groups by the obvious incompetence of Wheels and Spokes. In order for a tour like this to be run effectively and safely, the following should be provided for: 1. signs along the route, clearly marking the tour area, 2. at least 2 officials at every intersection to direct bicyclists as to where to go, 3. strategically placed re lief stations and information centers to assist the bicyclists, 4. at least 3 vehicles to drive the tour route and assist bicyclists who have • HESS KEY ORONO POUCE DEPARTMENT COMTWgNUMBEBtOCA)_________ COWT MENCVNOCOENT iCAGt TI E , C , 1 I / L IMR DATE WEPOWTEL . . I / |M,N|0,2.7| , 1^ I / TMW>OnRIH tOCATlON(WiNOW6«<aGN) 1 1 INRR HRO SQUAD OR BADGE #(S8Ni TME ASIG (TASI TMC ARR fTAR)TIMEClRfrai HRDCodn Cil/E/C_iuSL5<3i/i y,^.s.oi/i T-ir~ 1 1 /1 1 /P-Fton ' '*0 R-Ra«o OCR BN uoc ucs A- Ai»m m/r-n/r 1 1 1 1 ]/□OFFICER PRMCPAlCOOr SUSPECT 8US VICTRI VIC l-InPmon il iia«..*’ OCR BN uoc ucs ASST RePORT PARTY RP ADMN ADM V- V«4| M-MPTl/I , l/f till ]/□OFFENDER OFF (mcR OTH r-ota ARREST □CITATION □WARNC DO1 kx <T7^ PM|W) ATura oconore AirtiMn j^//7/7aaaz)/t<=^ ST /^/\/<KP0/U/PH|R) fenpound D P*op lwi»*o»y □ PC. NAME ^T. FIRST. UlODUEi - - ■ i oa1 SEX mpMConMrtO Aoodini RipoR □ ammb n n n ADDRESS PH(W)Comm Vtfi RtporiO Ul!ST V PM|R)OMNCtpia PC. NAME OAST. FRST.MOOlf) ■ 001 ® UMO / ADDRESS «• • *•PM|W) ' . 1 cnY ST 9 PM(R) •. ; • .. .On r I .* ^ Irtf ^ ^ J^yn/if J ^L/rrrr >fy r^yr* g~ Jn(\ ^liSi y\nn^ /ys=y^yr)f ^Y) 2r^ Xlor a^rnriL^K. r4/7^jAJin !2Q A //H-A . iiZ'^a y^-vi/7 ~ \crJ-^/yn4______^ ^f^rJ y^^TJu/ /^yJ\jy4^ 7^y^k^TTiL.- ,............... _________ f P^/yj4tr^ /n L>//yt^/ik rYjLkc i^ntji: i4/g> "7V^ nrtsi^r)^. ^rtAg/yi U/A^,jj, eOTTTO ^00 ____ COAnwvn grrAnwYfi CQuRTfi o«ri /ra^J CONS 'I OTHER PSPOSfflON Urtoundrf Ownd By Airm fW Other Aggncy Iractwt Y^pUmf^) ,QSiXm. OROIMO . riLICE DEPAR I'MENT Form 3 FOLLCV^ ilF/CONTINUATION REPORT D.MNS.1 A'<Tv£r/^ /<^:/(j,^✓ COMPLAINANT n p iC Afin«ff.«; ^~AiLy / zp &^/) additional OiTAilS Ol 0*HNST T «0 G«l bS Of i N\ f «;t ,G AT i jN j ftr /^.^i Ai )^ /nin u ^ 'llu^u/ / / __h^):er) :!5 •:^a^'Al / ______ /><^<^ yy^^^ /i^rjA^/zi^ f=yo /lyz^y ^/ryyi^/gi j/)4^ -CAr^y^ Ipltc /^<5'^/^//^ \p\cycL^f. iJArr / / " r^.,. JZ^±_j:y 5yj-__'IZAe<fY) 1. Jn^S fSt,/ /2 j^TXdXPS* \=Jiy/^rJ A^y ^ “_ix.La/£<t::£.—Uu^/Z2JO^ ^ Az.___________________________y4//r/ -iXr^ A \0-J-—i02—_________ksnJZt/}c.__7^ k&rn ^h •=> Jl>vi/Z. ,^ Cny>^ !~lkcj ZA l^l/2^<^ ~/fAg. Z'^// //^ /7>JJ,4 <>v^ 7^ L "Ar/i H/T) "AL p r'mr^Aryu^'^f^r^ ^jAt ^ a JciAciCir^---/9.i-7D ioi^,4/Toc^ ^ 7^* *?/'ii2XL /V. Jpj 7^ Ac-A? 1 / is ■^y /S -iy/iS <sQ-iair^ Zhl'^ &/£y^A /'T^ -Z-Zn kk/ tni/^ir'i reiauri^.yi <J AeJ r~J7" ^^rSlr ArsAr-^ jL/ /)n yj/g. .>)/y2toig ^'^522:9 T^-r'^yy m OH^OSiTlON U»l«w<^*4 (iJ Ci«*>*4 fcr •»*••* Q !■«. [7] *•* ••♦*•♦ •••"«¥ Cl •<»•«*'•• 0»»*»« CD I^orm 3 ORONO POLICE DEPAR ^MENT FOLLOW UP/CONTINUATION REPORT lIGNEO. Oil'ci* OATI DISPOSITION: Mm»mM Q Cl**'*^ ky tftt Q Esc. Cl»4. Q R«l. •iK** «t«<«cy n l«»«cii** Q O’***' ^ >t*s K»vi»t4 Inc ----— «•••-«*• &vt.NT5 . CITY of ORONO, MINNESOTA 55323 • * —■—— Application NuR\bcr Id'MS l^'i> O^U (btj f»l fil.li ('tii scktien of Farad* or Evnt tvrtj/u'H Co^'l*! it/*? <'7~ tt k Uh h V-.VW btj It t k O Qi M k iw A i<<ffri. t,m >4.^7 >.<b ^ k ^ H t ^ Ic l{( k t/.l>t(| ^ m of Persons ond/or Orgsnisstlons Handling the Event fwiCliC hone NvuiJpers^^^* ^ Hours of Event>ete of Event 1! oeson or Purpose fc p?!>n|c biCijctiA^ fiy tAhit» 1AM- >|/’M Iri • • i-T fc-.TaMv* iMiura^e* C6v*^^ tP (/j ^mtWi^OO.CO : *' reiivW l<i ienviih-i ‘ ‘ ' ini.t7U!ihf r Uul£. MAar 5G69 i V» »‘V V o: i?v 71 T? %4 if:; «•;or. ^Vk 4/V 8 oth*r Iwa .r*garUn« Faridas'and i^’tjjftpaclal Bvanta and nlU abida by sam*. T also am*. ^ hold SZ^a**^ ^no^her^ess from ell liebilities that nay arise ’directly or indirectly rrom tha Farad* or Sp*cl.l Ev.«t .Fprov*d^ thi grStiS cl •^Myo^uaij 4 •iimi iCfla< p*a»T;»25;oo./ <1 .„ff tBignatm* cl.Applicant Paa Fald Date I ChaeV^ * Cash________ Initials RECONHl *)^»I VosJi. Ho, Pift>lie Safety Director Approved s Yes_____ Ho Clerk-Administrator ip/fice Use Onlyt « h/UMf> U^a 2aa ^. «u>^ th Z>, t%uru jar^ , A^t/TL T C7»<» fT ______ 9 Ad r ORQNQ POLICE DEPARTMENT Follow-Up Report Case File: B900252B Offense: Bicycle Tour Principle: Wheels & Spokes Badge: 610 Date: 5/21/89 Date Typed: 5/22/B9 Typed by: SAB On 5/21/89 at approx. 0930 hours, I was directed by 6523 to take up a position at Cty. Rd. 19 and the north intersection of Cty. 1 to assist with passage of a large number of bicyclists through the construction zone at that spot. 1 arrived at that location at approx. 0945 and at that time, relieved Reserve Officer Dye. Fr- -he time 1 arrived until 1200 hours, a large number of bic> >ts, I would estimate approx. 1500—2000 passed through that intersection. The only area where they could pass through was an area of approx. 3 foot wide, which forced them to come in very close to the construction zone. There was no clear path available to the cyclists and they had to ride through areas that had just been freshly plowed by a bulldozer. I feel that during this period a very unsafe condition existed. The cyclists had to pass within 3-5 feel of an operating backhoe and operating bulldozers. There was no alternate route available to them. At approx. 1200 hours, 1 spoke with the job foreman for the construction company, representative from the County Highway Department and the Sewer district, and they all requested that we stop bike traffic passing close to their equipment as they felt it was extremely unsafe. 1 agreed that this was an extremely unsafe condition. I relayed that information to 6511 and with his agreement, we stopped bicyclists access to southbound Cty. Rd. 19. Cyclists then started going through backyards of houses on Cty. Rd. 19. 1 stopped the lead cyclist and he became abusive to me and I then called for 511 for backup. 6511 explained to him and approx. 100 additional cyclists that they could no longer pass through there and explained to that person who was being abusive to me that if he did not immediately proceed north and leave, that he would be arrested. We then blocked off the north access to the area with yellow police line, "Do Not Cross** tape, as 511's direction, and had no further problems with cyclists attempting to head south. At 1254 hours, 1 spoke with the gentleman who identified himself as being Mr. Greg Lais, the executive director of the Wilderness Inquiry Group, (the group sponsoring this bike trip), phone 379-3850. I had noticed that Mr. Lais had been at the intersection at various times throughout the morning. Mr. Lais identified himself to me and stated that he agreed with my position that it was a very hazardous routing and that he Mould very definitely take it up Mith Mr• Smith, the director of Wheels and Spokes, the organization that was actually running the event. Mr. Lais asked how I might be contacted and I told him to call through the Orono police office during regular business hours and tell them that they wanted to contact me, badge #610 and that the office would be able to put them in contact. At approx. 1400 hours, a man approached me, identified himself as Hr. Smith, an attorney, and started telling me how he had all the necessary permission and permits, etc., to run this event. I told Mr. Smith that 1 know that he did * parade permit but that we had the responsibility for the safety of people at that location and that we deemed that it was necessary to shut down that access to Cty. Rd. that if we had not shut down that access, that the construction work was going to stop per the Superintendent. It was no longer safe for anybody to travel that route. Mr. Smith sbated that he had had someone in the earlier thi*s week or last week go to and talk to people about access over their lawn. This access was not marked and the people were actually on Cty. Rd. right of way at all times passing through this area. I told Mr. Smith that the job super!nt nent had r.tated that someone from his group had been there and spo<e with him and that he stated to that person that he felt it was too dangerous to allow anybody to come through that intersection on that weekend as they knew that the entire intersection would be excavated at that time. I told Mr. Smith that 1 could no longer speak with him on this subject and that he would be free to discuss it with 501 during business hours on Monday. At that time, Mr. Smith became aggressive and abusive toward me, did not want me to leave the location and wanted to spend more time talking about this problem and telling me the laws that were involved. I told Mr. Smith that I was not remaining there and that any further action he wished to take, he should contact 501 on Monday, that 501 would have my report at that time. Reserve Officer Peter Achey, badge 610 71389.5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat DATE: July 13, 1989 SUBJECT: Liquor Ordinance Amendment Reconsideration COUNCIL MEETING JUL 24 1989 CITY OF ORONO Attachment: A. Liquor Ordinance Memo Consideration Dated 6/21/89 B. Revised Language/Repealing July 4th Sales ISSUE - At the Council’s July 10, 1989, it was requested that this item be placed on for reconsideration as one of the CounciIraembers desired to be on record in opposition to sales on July 4th. INTRODUCTION - The ordinance was amended on June 26, 1989, to allow for sales of liquor on July 4th. This is a provision that was permitted by the 1989 Legislative session. As this is now the "current" ordinance, in order to go on record a CounciImember would need to move and have seconded an ordinance repealing that section. ALTERNATIVES 1. Adopt the repeal. 2. Do not adopt. 3. Table. RECOMMENDATION - It is recommended as noted in Attachment A that the ordinance amendment now be left as is after any repeal is moved and seconded for consideration and not adopt the attached resolution. PROFOSED MOTION - Moved by seconded by _, the Orono Council adopts Ordinance #_, Second Series repealing the ability to sell liquor on July 4th, Ayes _, Nays _. 62189.: iTt<^CimeTJT h TOs Mayor and City Council FBOM: Mark E. Bernhardson, City Administrator^ (j * — DATE: June 21, 1989 SUBJECT: Liquor Ordinance Change ATTACHMENT: A. Proposed Liquor Ordinance Amendment B. Memo on Changes - Minnesota Statute Dated 6/7/89 ISSUE - Whether Council desires to allow Off-Sale liquor stores to be open on New Years Day and Fourth of July and extend the On- Sale of intoxicating malt liquor on Sundays to 1 A.M. Monday, as allowed by the 1989 Legislative change. INTRODUCTION - At the Council's meeting of June 12, 1989 Attachment A was presented as information and tabled to this meeting. ALTERNATIVES 1. Adopt as presented. 2. Modify and adopt delineating any of the following: a. New Year's Day/Off Sale b. 4th of July/Off Sale c. Sunday On Sale to 1 A.M. Monday 3. Take no action. 4. Table for further discussion. RECOMMENDATION - It is recommended that the proposed ordinance be adopted as presented. Tabling until July 10th will preclude the sale on the Fourth by the Off Sale in Navarre. PROPOSED MOTION - Moved by _, seconded by , that the proposed Ordinance No. _ _ _, Second Series amending “The liquor ordinance be adopted. Ayes _, Nays _. cc; Off-Sale Liquor Licensee On-Sale Liquor Licensee Chief Kilbo 62089.2 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING SECTIONS 4.31 LIQUOR LICENSE RESTRICTIONS AND REGULATIONS - OFF-SALE LIQUOR AND WINE, SUED. 18; 4.32 HOURS AND DAYS OF LIQUOR SALES, SUBD. 2; AND 4.33 SUNDAY SALES, OF ORDINANCE NO. 32, SECOND SERIES ADOPTED MARCH 17, 1987, AND ENTITLED "INTOXICATING AND NON-INTOXICATING LIQUOR LICENSING AND REGULATION." The City Council of Orono ordains; Ordinance No. 32, Second Series adopted March 17, 1987, and entitled "Intoxicating and Non-Intoxicating Liquor Licensing and Regulation" is amended to read: Section 4.31. Liquor License Restrictions and Regulations - Off-Sale Liquor and Wine. Subd. 18. An off-sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off-sale in a quantity less than 100 milliliters of malt liquor per variety per customer, 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Section 4.32. Hours and Days of Liquor Sales. Subd. 2. Off-sale. No off-sale of liquor shall be made before 8:00 o'clock A.M. or after 8;00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off-sale shall be made on Thanksgiving Day; or Christaras Day, Dec^ber 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock P.M. Section 4.33. Sunday Sale?. Notwithstanding anything herein to the contrary, a Sunday on-sale license may be issued to hotels, motels and restaurants, as herein defined, which have on- sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. Sunday and 1:00 o'clock A.M. Mondays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. This ordinance becomes effective after its passage and publication on July 3r 1989. Passed by the council this 26th day of June 1989. James R. Grabek, Mayor ATTEST; Dorothy M. Hallin, City Clerk Published in the Laker/Pioneer newspapers the week of July 3, 1989. ] 4.32 SBC. 4.32. HOURS AND DAYS OP LIQUOR SALBS Subd. 1. On-sale. No on-sale of liquor shall be made between 1:00 o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8:00 o'clock P.M. on December 24. No on- sale of liquor shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. Subd. 2. Off-sale. No off-sale of liquor shall be made before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off-sale shall be made on Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock P.M. SBC. 4.33. SUNDAY SALBS. Notwithstanding anything herein to the contrary, a Sunday on-sale license may be issued to hotels, motels and restaurants, as herein defined, which have on-sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 1:00 o'clock A.M. Mondays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SBC. 4.34. UNLAWFUL ACTS (LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. (Sections 4.35 through 4.39, inclusive, reserved for future expansion.} ORONO CC 80 (4-1-84) :.'i 67B9.1 TO: PROM: DATE: Mark E. Bernhardson, City Administrator Dorothy Hallin, City Clerk June 7, 1989 % SUBJECT: Changes in Minnesota Liquor Statute Attachments: A. Popham Haik Letter Dated 5/9/89 B. Excerpts from Current *;ity Code ISSUE - Determine whether Council wan';s to amend the liquor ordinance to incorporate changes in Minnesota Liquor Statute outlined in Attachment A. DISCUSSION - In March of 1987 Council amended the ordinance to intoxicating and non-intoxicating liquor licensingrelating and regulations to incorporate the issuance of an off-sale liquor license after the sale of the municipal off-sale liquor store. As noted in Attachemnt A changes in the Minnesota Liquor Statutes allows, among other things, for an off-sale store to be open on New Years Day and the 4th of July and extends the hours of Sunday sale of intoxicating liquor to 1:00 A.M., Monday. Chief Kilbo states he has no conflict with these changes. RECOMMENDATION - It is recommended that Council review these changes and table this item to the June 26, 1989 meeting. If the Council desires to amend the current ordinance such change would have to be published in the official newspaper the week of July 3, 1989 in order to allow off-sale liquor on July 4th of this year. PROPOSED MOTION - Moved by _, seconded by _, until the June 26, 1989 meeting. Ayes , Nays to table this item TO: FR^M: Mayor and City Council John R. Gerhardson. Acting City Administrator Forwarded reccmraending approval. WAVNC <3. PO^***»* ■ atwonO a. ■* *OCCN w. SCHNOaWiCH OCMWCN HAUrMAM Noacnr A. MiN*SM aowrc A. woaocN o. «*AAC wmiTCHCAO ■ ■UCC O. WItLiS a. ■oscnr jomnson 3AMT •. ma CO mSC* Noacnr s. aunn MUON V. atUNACTT, III '■cocNiCA c. aaowN fmomas m. acao ■auce o. MACAcasoN jAMCS a. srciLCN jamci a. LOCAMAar ALkCN W. MIMOCaAACa Ikirroao m. oacCNC J. amuuam aau ^’man ■auc m. ncr: AiCMACL o. raecMAN <owAao SAM MTcas. m .Aaav o. caacu JAMIC S. MAT CaON 'HOMAS J. BAaacTT POPHAM. Haik , S chnobrich <& KaufmamJ-JT 3300 PiPC» JArrPAT 'OWCR MINNEAPOLIS. MINNESOTA 99402 rrLCa*-ONC 9ia-333-aaOO TtLCSoaica 1331 9i2-33a-27i3 ■ 321 9i203a-278i ■ 311 Si2-33a-2903 JAMCS A. 0A*MC Oavi O a . jOn CS kCC C. SMCCMr ALAIN r«cCON LCSL'C OILLCTTC MICMACW MILAN THOMAS M. SIPAINS aoacarc. moilancn Thomas r. ncl SON Thomas j. aAOiO Oavi O L. ma Shmall aathl CC n m. MAariN JOHN C. CHILOS oouoLAS a. SCATON THOMAS e. SAMNca aiCHANO A. KAPLAN sauce a. McPHCCTcas SCOTT e. aiCHTca PAUL J. LINS rPOTH SCOTT A. SMITH SaiAN N. JOHNSON OONal O m. lC wiiS hcnncth aoss* OAVIO a. sTaANO CLUAacTH A. Thompson kC iTh j, hall CLANO muumsvT' SUITC 2KOO 200 SCVC n TCC nth STPCC ” OCNVCR. COLORADO 80202 TCLCPiiONC 3C3-B03-I2OO fCLCCOP'Ca 303 Sa3-2i9A SUITE 300 south iSOO M STPCCT. N w. WASHIN070N. O.C. 20038 TCLCaHONC 202-a28-S300 rcLceopica 202'Sis s3i8 DIRECT DIAL NUM0£R 334-2549 May 9, 1989 M A 0 ■ timotmt VM kviC k C apol /Rj.S.'Vvan S aaucoAi RE.TEa Thoma 4(<x miELI MiCHM<J. ai fcMPI J. Ml Oh ACL SC Hi TOOOfM, JOHNSON -----------------~ I n ii_ LOUIS p. SMITH aaucE H. little MAPK r. PALMA "USSELL S. PONCSSA SPTAN L. caAwroao matthcmt E. Oamon JOHN W. PPOVO JILL I. rpicOEPS PAUL a. JONES ELLEN L. MAAS WILLIAM o. HiTTLCa ellEn sue PAPHca oacooPT o. aaooHCa william m. ojilc . ja. aaiAN W OHM OPCOOPT a. SCOTT POSann E 3. ZAiOENweaCR ~ ~T“ E^C" ouAitci II. iluacKca CLIZA8ETM LEVINE OEE aOwE JOHN M. BAMEa HAaCN M. HANSEN** SUESAN pace SHAPIRO** LINOA s. rpiEONca ANOREW O. PARAER or eouNSCL raEO L. MORRliON APMiftfO PAL* ■ A •ALirpaPaA APA.tfCO * IK <C«A« > APAirTca • .A* PA«P Ms. Dorothy Hallin City of Orono P. 0. Box 66 Crystal Bay, MN 55323 RE: Changes in the Minnesota Liquor Statutes Dear Dorothy: Enclosed please find a copy of Senate File No. 358 amending portions of the Minnesota liquor statutes. This bill was signed by Governor Perpich on April 24, 1989, but the effective date varies for the different provisions. Section 1 of the bill amends Minnesota Statute 5 340A.402. It deletes the original language denying a retail liquor license to a person convicted of a violation of state, federal or local laws governing the manufacture, sale, distribution or possession for sale or distribution of liquor within five years of the license application. The amendment states that no new retail license can be issued to such an individual and gives the municipality the right to refuse to renew an existing license of a person in the same instance. Please note that the term "intoxicating or nonintoxicating malt liquors" has been replaced with the ter.n "alcoholic beverage." This amendment was effective April 24, 1989. Minnesota Statute S340A.504, Subds. 2 and 3 has been amended to extend Sunday sale of intoxicating liquor by one hour, until 1 a.m. Monday. Subd. 4 of the same statute has been amended to allow the sale of intoxicating liquor by an off-sale licensee on January 1 and July 4. Both the amendments are effective as of April 24, 1989. The final amendment pertinent to the City is the addition to Minnesota Statute S 340A.510. Malt liquor may also be included when an o^f-sale licensee offers samples within the liquor store. The quantity of the malt liquor is limited to less than 100 millileters per variety per customer. This provision is effective August 1, 1989. Should you have any questions, please contact me. Very truly yours. :plv/847 Enc. c: Mark Bernhardson (w/enc.) Chief rtelvin Rilbo (w/enc.) Thomas Barrett, Esq. Na icy E. ''Husnik Legal Assistant AN ACT CHAPTER No. 49 S.F. No. 353 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Distributed By Secretary of the SENATE Room 231, State Capitol SL Paul, 296:2343 .X'. ■y' r:._Vrelating to liquor; clarifying license eligibility; changing.tbe tine .of sale on certain holidays; -allowing*for the dispensing of samples of aalt liquor;.- ’repealing bond.requirement for retail licensees; "authorising the.town“board of Canosia township to -issue an off-sale license; amending Mirnesota Statutes - 1988, sections-340A.402;:340A.405,. subdivision 1; . 340A.504, “subdivisions 2, 3, and 4;‘and"340A.510; — _ repealing Minnesota Statutes 1988, section 340A. 412, —■ subdivision :11. - ■ ' ZT : IT-EKACTES'aylTsf'.LEGISLATORZ'OF; TEE STATE'^OF."MINNESOTA:^ i ' •=-. "•** ... ' -Section rSr“-' ■■ - - -- - - -- - - - -* **’■ - No retail: license may-be'issued; to p. ; '•.’•t' (1) a person'not' a citizen of the'Qnited States or a --- -resident tlien; ^ (2) a person under 21’years of..age; (3) a-pe?30it-who-withr.n-frve-yeats-of-the-iseease 21 appiieattson"ha3-bee.n-convicted-of-a-wiis£ai-vioiation-of-a 22 £ederai-or-3eate-iaw-or-iocai-ordinance-governing-the 23 awne£actareT-3aieT-di3tribotic ir-or**po3se33i:on-£er-3aie-or 24 dsateibttbsonT-of-satoxscatting-or-nonintoxscatsng-aeit-isqeorsr 25 *4f a person who has had an intoxicating liquor or 26 nonintoxicating liquor license revoked within five years of the 27 license application, or to any person who at the time of the 28 violation owns any interest, whether as a holder of more than • ■ CHAPTER No. 49 S.F. No. 358 1 five percent of the< capital stock of a corporation licensee, as 2 a partner or otherwise, in the premises or in the business 3 conducted thereon, or to a corporation, partnership, 4 association, enterprise, business, or firm in which any such 5 person is in any manner interested; or 6 fSf Xil • person not of good moral character and repute. 7 In addition, no new .i^^ail license may be issued to. and 8 the governing body of a municipality mav refuse to renew the 8 license of, a person who, within five years of the license 10 application, has been convicted of a willful violation of a federal or state law or local ordinance oovernino the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beveraoe. Sec. 2. Minnesota Statutes 198«?, section 340A.405, subdivision 1, is amended to read: Subdivision 1. [CITIES.I A city may issue with the 17 approval of the^ommissioner, an_off-sale intoxicating litjuor 18 license to an exclusive liquor store or to a drugstore, firtrss 19 of-the-frrsb-eiass-may-ttseo-iasoe-an-off-sare-iicsnse-to-a^t ^ .£_ -storer ‘.‘A city of the first class mav issue an 11 12 13 14 15 16 20 generai-food-storer . —— _ 21 ofg*"iule license~to'a~general~food store £o which an off-sale 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ; -- f -r--- --- - - . - license had been issued on~t;he effective date of this * section. \r.. Sec. 3..'Minnesota'Statutes 1988,''section 340A.504, ^ c subdivision 2^ is amended to read: Subd. 2. ,INTOXICATING LIQOOR;'ON-SALB.] No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between .1:00 a.m. and 8:00 a.m. on the days of Tuesday Monday through Saturday; > (2) between-i2T88-msdnsghb-and-0T90-aTaT-on-HondaysT fit after 1:00' a.m. on Sundays, except aa provided by subdivision 3; f4t (3) between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by subdivision 3. Sec. 4. Minnesota Statutes 1988, section 340A.S04, subdivision 3, is amended to read: m/' W‘ CHAPTER No. 49 S.F. No. 358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Subd. 3. (INTOXICATING LIQUOR; SUNDAX SALES; ON-SALE.) (a) A restaurant# club# bowling center# or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license nay sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and i2T90-aidneght-on Sandays 1:00 a.n. on Mondays. (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant# hotel# bowling center# or club to sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and ia-rOe-asdnight-on-Sundays I;00 a.m. on Mondays# provided that the licensee is in r. conformance with the Minnesota clean air act. (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be- issued oy the governing body of the municipality for a period of one year, and the.fee for the license may .not exceed $200. •—(d) a‘municipality.may“issue a Sunday intoxicating liquor’ licenseronly \f "Sx^orixed' toydd"so by the voters of the municipality: voting do*’ toe*"ques^ion at a* general or special -- ~ ’ '/I.'*" •election. • * ,r^ • . — * • (e) An election conducted in'a”town on,the question off the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. (f) Voter approval is not^tjBquired. for licenses issued by the metropolitan*airports commission or common carrier licenses issued by the commissioner, common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of $50# plus $5 for each duplicate. Sec. 5. Minnesota Statutes 1988# section 34QA.504# subdivision 4# is amended to read: Subd. 4. (INTOXICATING LIQUOR; OFF-SALE.1 No sale of intoxicating liquor may be made by an off-sale licensee: 1 ( •T • ^ W:. 1 2 3 4 5 6 7 8 9 IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 i CHAPTER no. 49 ! S.F. No. 358 •»(1) on Sundays; (2) before 8:00 a.a* on Monday through Saturday; (3) after lOtOO p.m. on Monday through Saturday at an establishment located in a city other than a city of the first class or within a city located within IS miles of a city of the first class in the same county; (4) after 8:00 p.m. on Monday through Thursday and after 10:00 p.m. on Friday and Saturday at an establishment located in a city of the first class or within a city located within IS miles of a city of the first class in the same county, provided that an establishment may sell.intoxicating liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited u.nder clause (1); (5) on-Hew-year9-9ayr“«an«ary-=r fSt-on-5ndependenee-3ayT”ffeiy“4r on Thanksgiving Day; « • • (6) on Christmas Day,*_Oecember 2S; rr (7) after 3:00 p.m.;-on"Christmas Zv tcember 24. — Sec. 6. _ Minnesota “Statutes* 1988,"■ section 340A.S10,.is r jr • ^ . ^ • • ’amended: to ■read; - •-.-•“r.-s"' - - t““340ACS10 "(WINE SAMPLES?___ ‘ . ..*• c jr/.rr:\K '—.•——Offraale licenses-and-municipal liquor stcres may provide .a :.r-•*’**« • ' *'*. • .samples of malt liquor,” wine,liqueurs, and cordials wgich the licensee or municipal.liquor store currently has in stock and is offering for sale .to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples are dispensed at no,charge*and consumed on tha licensed premises during the permitted hours of off-sala in a quantity less than 100 milliliters of malt liquor per variety per customer, SO milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per v;*riety per customer. Sec. 7. [OFF-SALE LICENSE; CANOSIA TOWNSHIP.] Notwithstandino anv other provi.nlon of law, the town board of Canosla townshio in St. 't,o;ils county may issue an off-sal^ Intoxicating liquor license to an exclusive liauor store with the approval of the commissioner of public safety. A license .3 4 5 6 7 8 9 10 section. Sec. a. (R£?EL\LZR.) Minnesota Statutes 1988. section 340A.4I2, rubdivision I, is repealed. Sec. 9. (EFFiCTIVE DATE.) Section 5 is effective the dav following final enactment. Section 7 is effective on aporoval by the Car, jia town board and coraoliance with Minnesota Statutes, section 645.021. • ' a-.- — C-. ► V, • •• • • • ORDIHANCE NUMBER » SECOND SERIES AND REGULATION The City Council of the City of Orono ordains: ordinance Chapter 4, Section Subdivision 8 adopted Marf'h 17 1987» and entitled "An Ordinance relating intoxicating and Non-Intoxicationg Liquor Licensing an Regulation" is amended to read: subd 8. Persons Disqualified. In addition to any "’“rr‘Ef drinking age. This ordinance becomes effective upon adoption and publication on January 18, 1988. passed by the Council this 11th day of January, 1983. ■4.. 'T Published in the Laker and Pioneer newspaper on the 18th day of January, 1988. SEC. 4.32. HOURS AND DAYS OF LIQUOR SALES. Subd. !• On-sale. No on-sale of liquor shall be made between 1:00 o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8x00 o'clock P.M. on December 24. No on- sale of liquor shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. Subd. 2. Off-sale. No off-sale of liquor shall be made before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off-sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock P.M. SEC. 4.33. SUNDAY SALES. Notwithstanding anything herein to the contrary, a Sunday on-sale license may be issued to hotels, motels and restaurants, as herein defined, which have on-sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 12:00 o'clock midnight on Sundays in conjunction with the curving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SEC. 4.34. UNLAWFUL ACTS (LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. (Sections 4.35 through 4.39, inclusive, reserved for future expansion.) ORONO CC ( 83 Subd. 17. No sale of liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for service of food in guest rooms, and unless the sale accompanies and is incident to the regular service of meals to guests therein. OFF-SALE LIQUOR AND WINE Subd. 18. An off-sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at n' charge and consumed on a licensed oremise during the permitted hours of off-sale in a quantity less than 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Subd. 19. No off-sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premis s without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be available for inspection by the license examiner or designated employee at all hours during which the licensed premises is open for business. Subd. 20. No off-sale establishment may be located within 500 feet of an institution of public education whose primary purpose is education of individuals in grades kindergarten through 12th grade. Subd. 21. No off-sale establishment may be located closer than 1/2 mile from the off-sale premise licensed in the City of Orono with a maximum of two off-sale licenses issued in the City. s//s/£7 71389.*7 ORDINANCE NO.SECOND SERIES AN ORDINANCE AMENDING SECTION 4.32 HOURS AND DAYS OF LIQUOR SALES OF OF3INANCE NO. 69, SECOND SERIES ADOPTED JUNE 26, 1989, AND ENTITLED "AN ORDINANCE AMENDING SECTION 4.31 LIQUOR LICENSE RESTRICTIONS AND REGULATIONS - OFF-SALE LIQUOR AND WINE, SUED. 18; 4.32 HOURS AND DAYS OF LIQUOR SALES, SUED. 2; AND 4.33 SUNDAY SALE', OF ORDINANCE NO. 32, SECOND SERIES ADOPTED MARCH 17, 1987, AND ENTITLED "INTOXICATING AND NON-INTOXICATING LIQUOR LICENSING AND REGULATION." The City Council of Orono ordains: Section 4.32 Hours and Days of Liquor Sales. Subd. 2. Off-Sale. No off-sale of liquor shall be made before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days sales may be made until 10:00 o'clock P.M. No off-sale shall be made on July 4th; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 o'clock P.M. This ordinance becomes effective from and after its passage and publication on July 31, 1989. Passed by the Council this 24th day of July, 1989. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk Publish the week of July 31, 1989 in the Laker/Pioneer newspapers. o TO: FROM: COUNOL MEETMd^' I JUL 24 1989 Mayor and City Council OROMO Mark E. Bernhardson, City Administrato^p^^ A DATE: July 20, 1989 SUBJECT: Facilities Meeting - Council/Planning Commission -1 o staff is continuing its work to find a date that is amenable to everyr-;^e. o CWIIdt MESriNG JUL 24 ;989 CITY OF ORm To*Mark Frans John Date*July Due to a vacancy in the "starter" position at the Orono golf course, it was necessary to accept applications for that position and a counter helper position to fill sick leave and vacation schedules. Recommendation to employ Donald Yeager as a temporary counter helper effective July 15, 1989 at a rate of $4.50 per hour and Fred Abrahamson as a temporary "starter" effective July 15, 1989 at rate of $4.50 per hour. Proposed Motion Moved,Seconded, to employ Donald O Yeager and Fred Abrahamson as temporary employees at the Orono plf course effective July 15, 1989, at a rate of $4.50 per hour. To* Mayor Grabek & Council Fron: Mark. E. Bernhardson, City Administrator Forwarded recommending approval. a TO: Mayor and City CounciImembers FROM: Mark E. Bernhardson, City Administrate? DATE: July 20, 1989 COUNOL MEETING JUL 241989 CITY OF ORONO SUBJECT: Salary Adjustment - Tom Kuehn, Finance Director ISSUE - Determination by Council as to the approval of the salary Increase for the Finance Director. INTRODUCTION Under the current City Compensation Plan Mr. Kuehn is eligible for an increase to $22,487 per hour effective June 14, 1989. DISCUSSION - Based on Mr. Kuehn's performance of his duties at or above the expected performance level it is my recommendation that his salary be increased from $21,303 per hour to $22,487 per hour effective June 14, 1989. ALTERNATIVES 1. Approve. 2. Amend and approve. 3. Table. RECOMMENDATION - It is recommended that Council approve the salary adjustment for Finance Director Kuehn to $22,487 per hour effective June 14, 1989. o JUL U 1989 o TO: FROM: DATE: CITY OF ORONOMark E. Bernhardson, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator July 19, 1989 SUBJECT: Performance Evaluation Review/Building and Fire Inspector - Step Adjustment Per the directives of the Orono Compensation Plan Mr. Jacobs has completed his annual performance evaluation. Once again, I can report that I am most satisfied with the performance of Mr. Jacobs in his duties. Mr. Jacobs as Building and Fire Inspector is scheduled for an annual review date for step adjustment purposes as of July 1, 1989. The point results of the time spent profile provided through Personnel Decisions Inc. placed the position at a Group 9 level of the City of Orono*s Compensation Plan. Mr. Jacobs is eligible for a Step 4 at Level 9 .':nder the 1988 Compensation Plan Wage Table. Per your memo of May 30, 1989 the increase is recommended at $16.09. Mr. Jacobs performs his duties above the expected performance level and 1 recommend his salary be adjusted from $15.62 per hour to $16.09 effective from July 1, 1989. (See attached performance evaluation.) cc: Tom Kuehn, Finance Director TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator\By Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by _, to increase Tom Jacobs* salary from $15.62 to $16.09 per hour effective July 1, 1989. Ayes _, Nays _. 72089.1 O TO: Mark E. Bernhardson, City AdministracoiL FROM: Dorothy Hallin, City Clerk DATE: July 20, 1989 SUBJECT: Performance Review - Jamie Bosma, Part Time Clerical COOWCft MEETWG JUL 24 1989 cmoFomo o ISSUE - Annual pf.rformance review for Jamie Bosma. DISCUSSION - July 1 is the benchmark date for Jamie's annual performance review. Duving the past year the clerical staff has continued the micro filming of records and through Jamies efforts the new fireproof cabinets now store our original micro film. These had been stored in cardboard boxes in the attic of the Police Department. Jamie continues to be flexible in her hours and is always willing to pick up the special projects. Jamie has performed her tasks above average and is eligible for a salary adjustment based on the City's Compensation Plan. RECOMMENDATION - It is recommended that Jamie's salary be Increased from $7,946 per hour to $8.39 per hour, which is 95% of Level 2, Step II, effective July 1, 1989. This increase is according to the adopted Compensation Plan and is within budgeted amounts. cc: Jai;. Bosma Personnel File Tom Kuehn, Finance Dir- TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate o Forwarded recommending approval. motion - Moved by __, seconded by , to increas** Jamie Bosma's »*y from $7,916 par hour to $8.3yper hour fective July 1, Ayes __, Nays__. mt:-.;: -J Interof-ficB Memo Date; July 21, 1989 To; Mark Bernhardson, City Administrator From; Mel Kilbo, Chief of Police Re: Salary Adjustment - Carol Hansing coumai MEETING JUL 241989 CITY OF ORONO Carol is a valuable, dedicated employee. She has been a loyal employee as well for over B years. She checks in on her days off to see how the Department is doing. In addition, she is a joy to work with. I request Carol be advanced from :^8.907 hourly to the top level of her position which is ^^9.410 retroactive to i||pril 12, 1989. O TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by to increase Carol Hansing's salary from $8,907 per hour to $9,418 per hour retroactive to April 12, 1989. Ayes _, Nays _. 71989.2 COUNCIL MEETING JUL 241989 CITYOFORONO.1^TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato DATE: July 19, 1989 SUBJECT: Administrator's Information CRYSTAL BAY ROAD - Repair has begun this past week on Crystal Bay Road and it is anticipated that it will be completed within the next two to three weeks, weather permitting. STUBBS BAY INFORMATIONAL MEETING - The informational meeting will be held on the 27th of July at the Orono High School Cafeteria at 7:00 P.M. At this meeting Mike Gaffron will present the Waste Management Study that he had done in 1988, Glenn Cook will present the preliminary design of the sewer system as an alternative to correcting the problems and John Gerhardson will be available to assist with any questions that may arise. It will be indicated that the impetus for this project will be on those residents who desire this 'iS a solution to their problem. HIGHWAY 12 - LONG TERM IMPROVEMENTS - When Commissioner Levine and District Engineer Crawford were here for a tour of the Highway 12 corridor late this spring it was indicated that MnDOT District 5 had submitted a request for consultant funds to undertake the feasibility study on the long term solution to Highway 12. It was anticipated at the time that a response from the Central Office would be back by July 1, 1989. Because of additional funding from the Legislature together with the fact that they are expanding the project timewise in a couple of years and getting additional requests from other Districts, this has been delayed until probably the end of September. HENNEPIN COUNTY TRUCK ROUTING STATION - Approximately six months ago Hennepin County had indicated that there were a number of sites that they would establish on an interim basis as touting sites for garbage trucks. These stations would have the garbage trucks come to their location and then from there be directed to either an appropriate landfill or downtown when the incinerator gets going or to a waste transfer station such as the one it is being contemplated for construction in Plymouth. In the original sites lis'wed the Hennepin County truck s'-ation in Navarre, although a candidate, had not been selected. They are now going through a review for additional sites and have indicated that might be a site. There would be only 15 to 20 trucks a day going in and out of that location with no transfer of any garbage. Staff had indicated in an initial conversation that perhaps they look at other alternatives, but nothing had been decided at this point by the County. Staff will keep Council abreast of this item. TELEPHONE SYSTEM STATUS - Staff continues to develop requests for proposal, which will hopefully go out in the next three to four weeks to solicit requests for proposal for improvement of the system. REGIONAL TRANSIT BOARD NOMINATION - In addition to the names that have been selected by AMM the Metro Council had advertised and has received additional nominations for the Regional Transit Board post. Please uote the attached list. Attachment 1 APPLICATIONS AND NOMINATIONS OF RTB CANDIDATES (As of July 14, 1989) PRECINCT A: Mr. Sceven Blitz 1940 Iglehart Avenue Aoartment 6 St. Paul, MN 55104 Mr. John T. Finley 1050 Mary Lane St. Paul, MN 55117 Mr. Roger Goswitz 1639 Chamber Struet St. Paul, mi 551C6 Mr. Walter Hanson 1136 Hague Avenue St. Paul, MN 55104 Mr. Thomas Heinl 456 Blair Avenue St. Paul, MN 55103 Mr. Robert Jorvig 26 West Tench Street Apartment 1708 St. Paul, MN 55102 PRECINCT 3: Mr. George K. Isaacs 682 West Sextant Roseville, MN 55113 Mr. Michael Lenz 6599 Hokah Drive Lino Lakes, MN 55014 Mr. Duane McCarty 8060 Long Lake Road Mounds View, MN 55112 Ms. Betty McCollum 2668 East Fourth Avenue North Sn. Paul, MN 55109 Mr. Corbin Kidder 442 Summit Avenue Apartment #2 St. Paul, MN 55102 Ms. Mary O’Hata-Anderson 1920 Marshall Avenue Apartment 301 St. Paul, Minnesota 55104 Mr. Terrance S. O’Toole 1009 Summit Avenue St. Paul, MN 55105 Mr. Mark Voerding 113 Farrington Street St. Paul, MN 55102 Mr. William Wilson 168 North Lexington Parkway St. Paul, Mil 55104 Mr. Robert Matson City of Roseville 2660 Civic Center Drive Roseville, MN 55113 Ms. Roberta C. Opheim 2650 Skyview Court Stillwater, Ml’ 55082 Mr. Richard Wedell 1003 Richmond Court Shoreview, MN 55126 PRECINCT C Mr. Mark Andrew 4735 Dupont Avenue South Minneapolis I Minnesota 55409 Ms. Doris Caranicas 2425 East Franklin Avenue Minneapolis, MN 55406 Mr. Brian Coyle 225 West 27th Street Minneapolis, MN 55408 Mr. William E. Marshall 4300 West River Parkway Apartment #127 Minneapolis, Minnesota 55406 Mr. Tony Scallon 3716 - 40th Avenue South Minneapolis, MN 55406 Mr. John K. Webster 3754 Portland Avenue South Minneapolis, MN 55407 PRECINCT 0 Ms. Mary E. Anderson 3030 Scott Avenue North Golden Valley, MN 55422 Mr. James Brimeyer 4370 Coolidge Avenue South St. Louis Park, MN 55424 Mr. John Derus 4046 Xerxes Aevnue North Minneapolis, MN 55412 Ms. Alison Fuhr 6609 Brittany Road Edina, MN 55435 Ms. Rochelle Graves 1621 Thomas Place Minneapolis, Minnestoa Ms. Sandra Hilary 2306 Fremont Avenue North Minneapolis, MN 55411 Mr. Keith J. Meland 3735 Rhode Island Avenue St. Louis Park, MN 55416 Mr. Frederick S. Richards 7225 Fleetwood Drive Edina, MN 55435 Ms. Joy J. Robb City of Robbinsdale 4221 Lake Road I'obbinsdale, MN 55422 55411 PRECINCT E Mr. Steve E. Billings City of Fridley Civic Center 6431 University Avenue NE Fridley, MN 55432 Mr. Leonard A. Brandt 190 Craigbrook Way Fridley, MN 55432 Mr. Elmer Carlson City of Crystal 4141 Douglas Drive North Crystal, MN 55422-1696 Mr. James Krautkremer 6425 Shingle Creek Drive Brooklyn Park, MN j5445 Mr. Timothy Moriarty P. 0. Box 33337 Coon Rapids, MN 55433 Mr. Todd R. Paulson 3216 Poe Road Brooklyn Center, MN 55429 MrT'Tlraiira3--AiS&5ugh 705 Sycamore Lana Plymouth, MN 554A1 Hr. Dharam Bobra 2600 Pineview Lane Plymouth, MN 55A41 Mr. Robert DeGhetto llAOO Lorry Lane Minnetonka, MN 533A3 Ms. Ruth Franklin A30 Rice Street Anoka, MN 55303 Ms. Jan Haugen A780 Lakeway Terrace Shorewood, MN 55331 Mr. Thomas G. Jerry Hayes 5560 Shore Road Shorewood, MN 55331 Ms. Patricia Pidcock 8379 Red Rock Road Eden Prairie, MN 553A7 PRECINCT G Mr. John Doyle 13605 Wellington Cres Burnsville, MN 55337 Ms. Gayle Kincannon 110709 Kings Lane Chaska, MN 55318 Mr. Carlan Lesch A309 West Old Shakopee Road Bloomington, MN 55A37 Ms. Elizabeth Sindt 5630 West 177th Street Box 115 Farmington, MN 5502A Mr. Norbert Theis 12A66 Marystown Road Shakopee, MN 55379 Mr. Gene White City of Prior Lake A629 Dakota St. SE Prior Lake, MN 55372 PRECINCT H Mr. Royal Bakke 13620 Havelock Trail Apple Valley, MN 5512A Mr. Edward Franz 10955 - lAO^ reet E Hastings, MN ' 33 Mr. Patrick J. McCarthy 1087 South Smith Avenue West St. Paul, MN 55118 Mr. Kenneth Mahle 6781 Bailey Road Woodbury, MN 55125 Mr. E. Craig Morris 16A12 and Seventh Street Lane South Lakeland, Minnesota 550A3 Mr. James Sieben 501 West 11th Street Hastings, MN 55033 Ms. Liz Witt, Council Member City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 COUNCIL MEETING JUL 24 1989 CITY OF ORONO LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF 24, 1989 Special Event - Foot Race - Long Lake Corn Days Minnesota Distance Running Association Aagust 13, 1989 Approximate time: 12:15-1:00 P.M. I Date: APPLICATION p " SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323oc* 1(51 own ■'\1 ■ JUN 2 21989 19 0 t Applic on Number 1 / / -_ _ _ _ __— Address l\\\ 5. 7^^ Jr. ^ Location of Parade or Event IVc<j5VGf^^ O ki uj^ .S, To iSf^>ON M. TK 10. To (4oM??-v:‘^)c- ?K _________________________________ Name of i^ersons and/or rganizations Handling the Event N\)NM^0>vA AjicoA-nOH____________________________________ Phone Numbers CcOO Date of Event S ~ ^3 19 Reason or Purjj, *^e Hours of Event - r»QQP^. Insurance Coverage / i Amount V OOP O^O Company _ _ _ _ _ _ _ _ •. i 1 - "■■ .' -u.'l V ••• r •.* <. vV Copy of Insurance Certificates to be Submitted with this Application;' ;;; I am aware of all applicable State and other laws regarding Parades and Special Events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the Parade or Special Event approved ^ trthe granting of this permit. Fee: $25.00 Signature of Applicant Fee Paid: Date: _ _19 Check Cash _ Initials RECOMMENDED: Yes_X- No. Public Safety Director Approved; Yes_ _ _ No Clerk-Administrator Office Use Only: Remarks:_ _ _ _ _ _ 3-R4 COUNCIL MEETING JUL 241989 CITY OF ORONO LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OP 24, 1989 Special E'..**^nt - Foot Race - Long Lake Corn Days Minnesota Distance Running Association August 13, 1989 Approximate time: 12:15-1:00 P.M. r mm 1 - ;• » ■•••,mmm PRECEDINfi DOCUMENT •te:V5^i H k -.js- I. > i i ir •V fi I ! ^ i < ' t .- ! t. ^ I ( < c, 07/09/89 PR: CB PRREGOR EMP it NAME DPT 471688060 505662439 505662439 474563339 471840871 477789965 470500346 475443862 472503991 471729281 469526026 469026230 468821018 468622840 472529007 468701368 507"S5424 469686562 468420832 474667812 475380151 477500666 475444249 475564452 471569863 475246099 504260307 472500574 473900566 470584708 121262417 476018974 470667594 334506281 474822323 473108428 476783251 4707009C1 475'»32983 473-46173 477169278 477802461 473840563 469629194 475569177 101266716 472563051 ANDERSON. BRUCE L BERNHARDSON. MARK E BERNHARDSON. MARK E BOBZIEN, SUE A BOSMA. JAMIE L BOYLAN. STEVEN D BRAUN. ROBERT R BRINKHAUS. JOHN F CHESWICK, GARY B CHRISTIANSON. SAl lY CORNICK. JAMES L DENNISON. TROY A ENGLISHIII. IRVING H ERICKSON. DOUGLAS J ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M GAFFRON. MICHAEL GERHARDSON. JOHN R GREGORY. JAMES D HALLIN. D0R0:HY M HANSEN. STEVEN C HANSING. CAROL J JACOBS. THOMAS J JOHNSON. BRADLEY P KILBO. MELVIN H KNUTSON. CHARLOTTE A KUEHN. THOMAS M KUYPER. SCOTT E LINDSTROM. DAVID J MABUSTH. JEANNE A MILLS JR. WALTER H MORAN. MARK F MOROWCZYNSKI. NAAB. THERESA UAS. DANIEL 0 OBRIEN. RANDY L OMAN. LYLE E OUAST. WAYNE A RATHRUN, PARRY J SASS JOHN J SCHAUSS. CHARLES R SCHEFFLER. LAURIE K SKREEN. DALE S STEFFENHAGEN. RONALD STEVENS. BETTY G THOMTON. MARK R JAMES L 31 12 12 31 12 93 93 42 31 31 31 35 31 93 31 31 31 33 42 42 12 42 31 33 31 31 15 15 31 93 33 93 31 31 12 93 92 33 92 92 42 31 12 42 93 93 31 YTD GROSS 56 13 73 06 33 20 00 25 ?0 4 51 30 30 50 54 .06 38 91 42 38 21950 28609 30724 12428 7056 299 1062 19493 20525 2405 21484 66 21255 136 19663.86 19219 55 20760 17564 23678 16824 15504 13414 7057 88 17563.97 20718.04 25471.60 12395.27 23830 3073 159 21043 1341.88 20:65.61 24058.11 12450.21 855.00 13648 14729 16525 14079 15240.62 16511.02 10563.23 14878.44 15525.72 !66! 65 18-77.71 57 79 75 96 .49 .17 .69 63 CURRENT GtOSS .09 37 80 1922.62 250.00 2115.60 8E6.40 536.36 66.50 267.75 1357.05 1468.00 186.93 159i .52 35.70 1793 98 136.50 1389.74 1299.20 1730.78 1256 1693 1084 1108.80 973.61 514.45 1256.09 1568.78 1821.60 886.40 1704.24 413.65 13.50 1504.97 194.75 1613.09 2J 3.47 -44.57 67.50 991.01 1C53.37 1311.99 869.21 1000.98 1282.96 753.44 973.60 1110.3288 1323.56 219 1B ill 0200' 7 A A i 200J w 51! ft'i'm !226 260 117 2 60.It'V 161. 17.U , 151. 83. 11^- 135 90 93 83 12 152 n t to *1^ CO rriooI O WH..... ■'I,.; Ilii • tM.M < liIi I < L \ C o c C/ G G O Cj o G 07/09/89 PR: CB PRREGOR EMP • NAME 474663298 TOMCHECK, LAWRENCE 470704904 TOMC2YK. MARK W 307809189 WALSH, KEVIN L EQQ403192 WALTERS. LIU' DPT ■ 31 31 35 15 YTD GROSS 19' 46 1! 11 27 54/0.40 CURRENT GROSS 1599 64 1479.27 294.67 643.59 52,786.85 lSS8S8Sa«SSS] 6 CITV PAYRJ 264 135 37 39 . .£• .160 esssssss, . r»‘«• .. — I I ;1 •s 3 -S. c*: t,' run- o I 205031 205065 205065 205070 205070 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 4 15 4 15 120 00 125 00 245 00 570 01 50 80 620.81 1989 CITY OF ORONO CHECK REG CHECK NO DATE AMOUNT VENDOR 205006 07/19/89 14 33 ACRO-MINNESOTA INC 205006 07/19/89 14 34 ACRO-MINNESOTA INC 2G5006 07/19/89 14 34-ACRO-MINNESOTA INC 205006 07/19/89 14 34 ACRO-MINNESOTA INC 205006 07/19/89 14 34 ACRO-MINNESOTA INC 205006 07/19/89 14 33 ACRO-MINNESOTA INC 205006 07/19/89 14 33 ACRO-MINNESOTA INC 205006 07/19/89 14 34 ACRO-MINNESOTA INC 205006 07/19/89 111 75 197 76 • ACRO-MINNESOTA INC 205014 07/19/89 226 35 ALL STAR ELECTRIC 205014 07/19/89 34 58 ALL STAR ELECTRIC 205014 07/19/89 58 93 ALL STAR ELECTRIC 205014 07/19/89 250 10 ALL STAR ELECTRIC 205014 07/19/89 249 69 819 65 • ALL STAR ELECTRIC AT & T COMM 8LACK0WIAK & SONS BLACKOWIAK & SONS BOARMAN & ASSOCIATES BOARMAH i ASSOCIATES ITEM DESCRIPTION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES LECTERN COUNCIL HALL NEW CIRCUIT BREAKER OUTLET FAX MACH BATHROOM FIX REPAIR ELECTRIC REPAIR PUMP REPAIR TELEPHONE TRASH TRASH SPACE STUDY SPACE STUDY !!o 07-24-89 PAGE 1 ACCOUNT NO INV • P 0. 8 MESSAGE 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 14-4540 039-12 059-14 •069- :2 -069-.2 069-15 129-31 -174-33 -249-42 -630-00 01-4343-099-17 01-4343-099-17 01-4343-099-17 01-4343-129-31 74-4343-590-93 01-4320-175-34 01-4343-099-17 01-4343-290-61 15-4306-650-01. 15-4399-S50-0O •••-CKS ■••-CKS •••-CAS •-•-CKS •••-CAS 205074 07/19/89 205074 07/19/89 205074 07/19/89 205074 07/19/89 20507-*.07/19/89 205074 07/19/89 205074 07/19/89 205074 07/19/89 205074 07/19/89 205078 07/19/89 \ O ,^*v 1 . 4 115 50 490 17 171 17 1.810 ,4,320 598 97 00 00 10- 00 10 00 55 46 17.555 98 113.51 113.51 BONESTROO ROSENE ASN MAPS FOR RESALE 01-3500-000-00 BONESTROO ROSENE ASN ENG RETAINER: MAY 01-4304-200-41 BONESTROO ROSENE ASN ENG CONSULT MAY 01-4305-200-41 BONESTROO ROSENE ASN ENG CONSULT MAY 01-4305-249-42 BONESTROO ROSENE ASN ENG CONSULT MAY 01-4305-249-42 BONESTROO ROSENE ASN ENG CONSULT MAY 01-4305-249-42 BONESTROO ROSENE ASN ENG CONSULT MAY 01-4305-840-71 BONESTROO ROSENE ASN TH12 SWR/WTR IMP 24-4305-423-00 BONESTROO ROSENE ASN LS 19/43 EASEMENTS 73-4512-569-92 BRIDGESTONE SPORTS GOLF BALLS 74-4800-591-94 -M V- ih . . ..'I . •:• V-' Q *. i 1989 CITY Of ORONO CHECK NO. DATE AMOUNT 205081 07/19/88 200.57 Q 200 57 - 205085 07/19/89 6 90 6 90 • ^ 205087 07/19/89 3.158.60 Q 3,158.60 • r\ 205124 07/19/89 350 85 350 85 • O 205128 07/19/89 902.21 902.21 • n 2051^ 07/19/89 62 95 205130 07/19/89 154.20 217 15 "c . 205154 07/19/89 5 95 5 95 •o 205199 07/19/89 4.231 00 ^ 205199 07/19/89 25 00 ^ 4.256 00 • 205232 07/19/89 9 34 9.34 • nmi IVAl'Al !M?- 21 01 • C ....... 205254 07/19/89 170.18 ; • lA;v >f ' v^..: V.-1 V r . CHECK REGISTER VENDOR ITEM DESCRIPTION BIACKS PHOTOGRAPHY PHOTO DEVELOP BUDGET PRINTING COCA COLA VENDING CONCEPT MICROFILM CYS UNIFORMS ROLF E ERICKSON ROLF E ERICKSON EMRICH BAKING CO FEED RITE CONTROLS FEED RITE CONTROLS GENERAL REPAIR SV UPS BURY & CARLSON INC WEAR AC/MC SOFT DRINKS MICROFILM COLONIAL LIFE INS CO JULY OIS INS COLONIAL LIFE INS CO JULY OIS INS NAME TAG JULY ASSESSOR FEE POSTAGE ROLLS FLOURIDE CREDIT CONTAINER SEAL ASSEMBLY © ' A. ^ .• 07-24-89 PAGE 2 ACCOUNT NO. INV. i P.O. 8 MESSAGE 01-4210-129-31 01-4321-129-31 01-4233-249-42 74-4802-591-94 01-4321-174-33 01-4152-126-31 01-4152-129-31 01-4221-ir5-31 01-4307-053-14 01-4321-C59-14 74-4802-591-94 72-4234-549-91 72-4234-549-91 73-4344-569-92 •••-CKS •••-CKS ***-CKS •••-CKS '••-CKS -CKS -CKS -CKS -CKS •••-CKS *\ •■'■-I 1989 CITY OF ORONO CHECK NO DATE 205254 07/19/89 205256 07/19/8920525607/19/89 Q 205256 07/19/89 205258 07/19/89 205266 07/19/8920526607/19/83 . _ _ 205272 07/19/8920527207/19/89r-:205272 07/19/89 205272 07/19/8920527207/19/89 n * « • « V « 205275 07/19/8920527507/19/8920527507/19/8920527507/19/8920527507/19/89 o 205280 07/19/89 r 205284 07/19/80r C •••••a 205291 fiT/U/l9 AMOUNT 171.93 342.11 5 19 29 45 39.25 73.89 43.20 43.20 444 05 188.10 632 15 261 77 62 17 15 434 73 46 12 93 15 39 236 93 902 93 191 1,516 77 35 23 35 00 70 39 09 39.09 • 12 00 12.00 • 5.28 5.28 • *<5 12, •• CHECK REGISTER VENDOR GENERAL REPAIR SV GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GLENWOOD INGLEWOOD GOPHER OIL CO GOPHER OIL CO G & G & G & G & G & SERVICES SERVICES SERVICES SERVICES SERVICES HACH CHEMICAL CO HAPPYS POTATO CHIP HALLIN/DOROTHY ITEM DESCRIPTION GASKET MISC PARTS MISC PARTS MISC PARTS WATER LUBRICANTS LUBRICANTS UNIFORMS MATS UNIFORMS UNIFORMS UNIFORMS MANVER CAPSULS CHIPS MILEAGE ■■». 5* V. 07-24-89 PAGE ACCOUNT NO. INV. • P.O. • MESSAGE 73-4344-589-92 01-4232-129-31 01-4232-249-42 01-4342-249-42 01-4231-099-17 01-4220-249-42 73-4220-569-92 01-4221-249-42 01-4343-129-31 72- 4221-549-91 73- 4221-569-92 74- *221-590-93 GROUP HEALTH INC AUG INS 01-4151-121-31GROUPHEALTHINCAUG INS 01-4151-126-31GROUPHEALTHINCAUG INS 01-4151-129-31GROUPHEALTHINCAUG INS 01-4151-174-33GROUPHEALTHINCAUG INS 74-4151-590-93 72-4234-549-91 74-4802-591-94 01-4381-039-12 -CKS ■-CKS -CKS '••-CKS •••-CKS -CKS -CKS '-CKS •••-CKS 4 i 5! 1989 CITY OF ORONO CHECK REGISTER 07-24-89 PAGE 4 r^-CHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV • P 0 • MESSAGE r^- 205304 07/19/89 6 90 6 90 • DEPT PROP TAXATION VOTER REGIST 01-4321-040-13 ••••-CKS r 205308 07/19/89 234 21 234.21 • HENN CTY SHERIFF DPT JUNE BOOKING FEE 01-4358-080-16 •••-CKS 205310 07/19/89 84 00 84 00 • HENN CNTY TREASURER HAZARD WASTE 01-4383-249-42 •••-CKS O 205330 07/19/89 89 91 89.91 * ICMA RETKMNT CORP ICMA 6/26 TO 7/9 01-4140-039-12 •••-CKS c 205348 07/19/89 265 00 265 00 * INTL CONF-BLDG OFFLS CONFERENCE 01-4356-174-33 - •••-CKS n 205370 07/19/89 136 56 136 56 • JIM HATCH SALES CO LIGHT FOR BOBCAT 01-4232-249-42 r •••-CKS C 205397 205397 205397 07/19/89 07/19/89 07/19/89 38 48 10.99 14 06 63 53 • KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS MILEAGE JUNE MILEAGE JUNE MILEAGE JUNE 01-4381-069-15 01-4331-174-33 73-4381-569-92 •••-CKS n 20S400 07/19/89 140 20 140 20 - KUSTOM ELECTRONICS REPAIR RADAR 01-4342-129-31 •••-CKS Q 205423 205423 205423 07/19/89 07/19/89 07/19/89 45 00 75.00 3.567.00 3.687.00 ■ LEAGUE OF MN CITIES LEAGUE OF MN CITIES LEAGUE OF MN CITIES BULLETINS CONF r GOETTEN LMC DOES 01-4240-129-31 01-4356-020-11 01-4380-020-11 r^•••-CKS n 205434 205434 07/19/89 07/19/89 400.00 200.00 600 00 • LONG LAKE GLASS LONG LAKE GLASS NEW WINDSHIELD NEW WINDSHIELD 01-4341-249-42 01-4341-290-61 o •“•-CKS o i •:%'. -v'*-^.<- : i V Q o Q O o 1989 CITY OF ORONO CHtCK NO. DATE 20S437 205437 205437 205437 205439 205439 205445 205445 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 07/19/83 07/19/89 AMOUNT 1.600 00 900.00 28 34 127 32 2.655 66 • 257 22 420.82 678.04 • 296 17 16.50 312 67 • CHECK REGISTER VENDOR CITY OF LONG LAKECITYOFLONGLAKECITYOFLONGLAKECITYOFLONGLAKE LONG LK FORD TRACTOR LONG LK FORD TRACTOR LYMAN LUMBER LYMAN LUMBER ITEM DESCRIPTION FIRE BOAT EQUIP LL FIRE BOAT LL APR/MAY FLASHER APR/MAY LIFT STAT REPAIR OILER REPAIR TRACTOR REPAIR TABLES/BENCH REPAIR MAIL BOX 07-24-89 PAGE 5 ACCOUNT NO INV. • P.O. • MESSAGE 01-4315-130-32 01-4315-130-32 01-4325-249-42 73-4344-569-92 01-4341-249-42 74-4342-590-93 01-4232-290-61 01-4233-249-42 -CKS -CKS 205462 07/19/89 205474 07/19/89 205485 07/19/89 205490 205490 07/19/89 07/19/89 1.066 53 1.066 53 • 10.773 86 10.773 86 * 13 50 13 50 * 23 22 4 16 27 38 • MARTINS NAVARRE 86 AUTO MAINT METRO WASTE CONTROL PREPAID MWCC AUG MPLS OXYGEN CO MINNEGASCO MINNEGASCO OXYGEN UTILITIES UTILITIES 01-4341-129-31 73-1282-000-00 01-4232-129-31 01-4324-099-17 01-4324-129-31 -CKS -CKS -CKS •••-CKS 205507 07/19/89 205522 07/19/89 205534 205534 07/19/89 07/19/89 40 00 40 00 • 17 95 17 95 • 43.72 65 58 109.30 • MN GOLF COURSE SUPT MTI DIST CO MOTOROLA INC MOTOROLA INC MEMBERSHIP CABLE SERV AGREEMENT SERV AGREEMENT 74-4380-590-93 74-4232-590 93 72- 4342-549-91 73- 4342-569-92 -CKS -CKS ■CKS ... y\I:'4k Vu o '« n n n n 1989 CITY 0^ ORONO CHECK NO DATE AMOUNT 205545 07/19/89 40 98 40 98 205547 07/19/89 99 75 99 75 205548 07/19/89 112 63 205548 07/19/89 14 74 205548 07/19/89 98 36 205548 07/19/89 21 67 205548 07/19/89 10 50 205548 07/19/89 10 77 205548 07/19/89 74 94 205548 07/19/89 6 95 205548 O.V19/89 47 37 205548 07/19/89 6 54 205548 07/19/89 87 98 492 45 CHECK REGISTER 205559 205560 205562 07/19/89 07/19/89 07/19/89 978 88 978 88 151.00 151.00 127 96 127 96 205597 07/19/89 3.973 00 3.973 00 • 205598 07/19/89 9 00 9 00 • 205608 07/19/89 2.380 00 205608 07/19/89 1,980 00 205608 07/19/89 415 00 205608 07/19/89 485 00 205608 07/19/89 330 00 5,590 00 • VENDOR NAVARRE AUTO REPAIR NATL COMPUTER SYSTEM NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE NSP NORTHLAND ELEC NSP PUBLIC EMPL RET ASSN PERA INS PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER PANNELL KERR FORSTER ITEM DESCRIPTION TIRE REPAIR MAINT AGREEMENT MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES MISC SUPPLIED MISC SUPPLIES MISC SUPPLIES STREET LIGHT JULY SWITCHES UTILITIES PERA 6/26 TO 7/9 LIFE INS FINAL AUDIT PYMT GFOA CERT ACHIEV FINAL AUDIT PYMT FINAL AUDIT PYMT FINAL AUDIT PYMT 07-24-89 PAGE 6 ACCOUNT NO INV. • P 0. « MESSAGE 73-4341-569-92 01-4340-129-31 01-4231- 01-4232- 01-4232- 01-4342- Oi 4342- 01-4343- 72-4231- 72- 4342- 73- 4234 73- 4344 74- 4232 290-61 129-31 249-42 099-17 249-4 099- 549-ii 549-91 569-92 569-92 590-93 01-4325-249-42 73-4344-569-92 73-4324-569-92 01-2031-000-00 01-4152-129-31 01-4300-020-11 01-4300-069-15 72- 4300-549-91 73- 4300-569-92 74- 4300-590-93 •••-CKS •••-CKS •"•-CKS ‘•-CKS --■-C^S -CKS ••--CKS o o o ' .f i4 I G P •li •Hi o Q A' 19S9 CITY OF ORONO CHECK NO DATE AMOUNT CHECK REGISTER VENDOR ITEM DESC.UPTION 07-24-89 PAGE 7 ACCOUNT NO. INV. t P 0. • MESSAGE 205813 205613 205613 205613 07/19/89 07/19/89 07/19/89 07/19/89 19* 4 7 15 221 00 75 25 00 00 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR SANDBLAST PLOW CAR WASH CAR WASH BBQ GRILLE 01-4341-249-42 72- 4341-549-91 73- 4341-569-92 74- 4231-590-93 **«-CKS 205628 205628 205628 205628 205628 205628 205628 205658 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 07/19/89 1,175 11,387 710 110 630 595 220 14,829 50 POPHAM HAIK &ASSOC LEGAL RETAINER1 MAY 01-4301-080-16 84 POPHAM HAIK A ASSOC PROSECUTIONS MAY 01-4302-080-16 02 POPHAM HAIK &ASSOC LEGAL CONSULT MAY 01-4303-080-18 90 POPHAM HAIK &ASSOC LEGAL CONSULT MAY 01-4303-129-31 14 POPHAM HAIK &ASSOC LEGAL CONSULT MAY 01-4303-840-71 05 POPHAM HAIK &ASSOC LEGAL CONSULT MAY 24-4399-414-CO 16 POPHAM HAIK &ASSOC LEGAL LS 10/43 EASMT 73-4512-569-92 3 50 3 50 R C INDENTIFICATIONS ID CARD r 205660 205660 205660 07/19/89 07/19/89 07/19/89 115 00 74 00 150 00 339 00 ■ ORLIN REDEPENNING ORLIN REDEPENNING ORLIN REDEPENNING TRASH APR/MAY/JUNE AP'’/MAY/JUNE n- r- 205662 07/19/89 66 30 66.30 • REED CANDY & TOBACCO CIG & CANDY C 205675 07/19/89 4,375 26 4,375 26 * ROLLINS OIL CO GASOLINE n 205740 07/19/89 100 00 100 00 • STREICHERS MOUTH PIECES 205779 07/19/89 689 00 689 00 • TRACY OIL CO LUBE/FUEL n 205790 07/19/89 34 41 34 41 • TONYS PIZZA SERV SANDWICHES r 01-4221-129-31 01-4343-129-31 01-4343-290-61 74-4343-590-93 74-4802-591-94 01-1260-000 00 Cl-4232-129-31 01-4220-249-42 74-4802-591-94 ••■-CKS •“•-CKS ••• CKS •••-CKS •••-CKS -CKS ■-CKS •••-CKS o •fc. 1989 CITY OF ORONO CHECK NO DATE AMOUNT 205815 07/19/89 40 9220581507/19/89 19.5020581507/19/89 20 7220581507/19/89 16 57 o 205815 07/19/89 24 86 122 57 r' 205835 07/19/89 486 00 486 00 205842 07/19/89 2.325 44 2.325 44 c 205850 07/19/89 496 48 496 48 c 205866 07/19/89 472 50 472 50 205901 07/19/89 351 00 351.00 O 205902 07/19/19 10.00 10.00 r- 205903 07/19/19 60 00 60.00 205904 07/19/89 177 50 177.50 n 205905 07/19/89 51 90 51 90 205906 07/19/89 2,500.00 2.500 00 O 205907 07/19/89 28.14 28.14 C 205901 07/19/89 69.25 69.25 r 205909 07/19/89 35.76 fj f , 'X?- , ■- CHECK REGISTER VENDOR ITEM DESCRIPTION 07-24-89 PAGE 8 ACCOUNT NO INV • P 0 « MESSAGE US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN TELEPHONEtelephone DATA PROCESS DATA PROCESS DATA PROCESS 01-4320-129-31 01-4320-249-42 01-4355-069-15 72- 4355-549-91 73- 4355-569-92 WARNING LITES OF MN FLASHERS 01-4331-249-42 WAY2ATA-CITY OF 2ND OTR WATER 72-4359-549-91 WEST PUBLISHING CO BOOKS 01-4240-129-31 WIDMER BROS REPAIR WATER MAIN 72-4345-549-91 CEDAR COMPUTER CNTR THINKJET PRINTER ADM 14-4540-632-00 DEM-CON LANDFILL INC SPRING CLEAN UP 01-4348-249-42 GILS SHEET METAL REPAIR AIR COND 01-4342-129-31 MEDICINE LAKE LINES BUS COUNCIL TOUR 15-4399-650-00 PROCESS SPECIALITIES SHIRTS 74-4801-591-94 GAB BUSINESS SERVICE LIAB DEDUCT REIM 01-4370-129-31 BETTY SINDT EXPENSE REIM 01-2025-000-00 LAKEVILLE LIQUORS MN WOMEN CITY GOVT 01-2025-000-00 THE TROPHY HOUSE INC PLAQUE OBRIEN 01-2025-000-00 ‘-CKS ■-CKS ‘-CKS '-CKS ‘•■-CKS ■f.) U:m iP M Its: I —T-yr- - i Vi 19S9 CITY OF O9ON0 CHECK NO. DATE AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION n 07-24-89 PAGE 9 ACCOUNT NO. INV. t P.O. t MESSAGE 35.76 • 57,040.90 FUND 01 TOTAL GENERAL FUND 462 75 FUND 14 TOTAL IMPROVE 4 EQUIP OUTLAY F 798 31 FUND 15 TOTAL BUILDNG CAPITAL OUTLAY F14.915 60 FUND 24 TOTAL PERM IMPROVE REVOLVING Frr>3,482 09 FUND 72 TOTAL WATER OPERATING FUND *■13,238 54 FUND 73 TOTAL SEWER OPERATING FUND 2,155 90 FUND 74 TOTAL GOLF COURSE OPERATING FD 92.094 09 TOTAL -CKS rs 1 i ■ n r r C : -I-_M I!-:: GEMUNIS FINANCIAL SYSTEM 07/19/89 r ACCOUNTING REPORT USER 00 1989 CITY OF ORONO r NUMBER OF REPORTS 45 UPDATE DESCRIPTIONS 0 FINANCIAL REPORTS NUMBER OF UPDATES 0 SUMMARY FILE 0 SCHEDULED RUN DATE 000000 O NUMBER OF RECORDS PAYROLL A REPORT DATE 000000 LEVEL 1 892 BENEFIT ACCRUAL L^VEL 2 0 ACTIVITY REPORT 0 ACTIVITY REPORTSr.LEVEL 3 0 CHECK REGISTER 3 SCHEDULED RUN DATE 071989 LEVEL 4 0 TRIAL BALANCE 0 REPORT DATE 072489 c LEVEL 5 25 BALANCE SHEET 0 LEVEL 6 0 REVENUE STATEMENT 0 PAYROLL POSTING DATES 000000 o LEVEL 7 0 OPERATING STATEMENT 0 000000 LEVEL 8 559 BUDGET WORKSHEETS 0 Q- LEVEL 9 0 CLEAR-CURR-MONTH 0 000000 LEVEL 0 2 CITY FILE OPTION 0 000000 PROJECT DEPARTMENT X r ' ■*TOTAL 1,480 CHART OF ACCOUNTS o c PAGE MO. CHECK RECONCILE YEAR TO DATE PERIOD BUDGET RECORDS CREATED 0 06 o 1M9 CITY OF OROHO CHECK NO DATE HC8479 HCt479 HCS480 HC8481 HC8484 HC8485 HC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HCE486 HC8486 rtC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HC8486 HC8487 HC8488 HC8489 HC849D HCliii fC|492 C7/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/11 AMOUNT 30.00 20.00 50.00 140.00 140 00 95.00 95.00 47.97 47.97 52.89 52.89 14 317 3 2 242 12 32 113 2 26 23 447 5 349 87 105 229 14C 2.153 .00 .17 .12 55 .49 07 .00 63 .11 .72 88 42 30 00 24 13 06 89 78 75 00 75 00 75 00 75 00 140 00 140 00 150 00 150.00 20 00 20.00 54.98 54.98 CHECK REGISTER VENDOR POLICE DPT POLICE DPT MH POLLUT CTRL LEAGUE HN CITIES CHAMPION AUTO LUNDS 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST 1ST NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL NATL lAARS GOVNT TRAIN CNTR MN POLLUT HN DPT HEALTH LEAGUE MN CITIES BEST PRODUCTS ITEM DESCRIPTION PETTY CASH CHANGE FD PETTY CASH CHANGE FD PERMIT LS 10-43 CONF GOETTEN FLOOR MATS BOX LUNCH PARK MTG FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA 6 FICA 6 FICA 6 FICA 6 FICA 6 FICA 6 FICA 6 FICA 6 -11-89 -11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 11-89 B ANDERSON SEMINAR CLASS TH12 S/W PROJ PERMIT TH12 S/W PROJ PERMIT LMC LEGIST MTG CLOCK RADIO ACCOUNT NO. INV. 01-1031-000-00 01-1043-000-00 73-4383-569-92 01-4356-020-11 01-4232-174-33 01-4232-290-61 01-4142 01-4142 01-4142 01-4142 01-4142' 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 01-4142- 72- 4142- 73- 4142- 74- 4142- -020-11 -039-12 -040-13 -059-14 069-15 099-17 111-31 115-31 119-31 121-31 126-31 174-33 185-35 249-42 290-61 549-91 569-92 590-93 01-4356-123-31 01-4356-039-12 24-4383-423-00 24-4383-423-00 01-4356-039-12 74-4232-590-93 06-30-89 PAGE 1 i P.O. • MESSAGE MANUAL MANUAL MANUAL MANUAL ■••-CKS MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL o o 1989 CITY OF ORONO CHECK NO DATE CHECK REGISTER HC8493 HC8494 HC8h94 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8494 HC8495 HC8496 HC8497 HC8498 HC8498 HC8499 07/12/19 07/12/89 07/12/83 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 07/12/89 0’»/12/89 C//12/89 07/12/89 24.00 24.00 345 4 2 219 12 33 109 6 26 22 453 4 352 fS 141 207 108 2.117 315 315 71 71 10 10 .64 .16 .98 .19 .29 . 78 .11 90 51 .61 .34 44 .61 41 .76 .12 .87 .72 00 00 40 40 57 57 100 38 150 57 250 95 50 50 00 00 VENDOR ITEM DESCRIPTION ACCOUNT NO. INV BOB RYAN FORD 8 KEYS 01-4232-129-31 1ST NATL PICA 5-25-89 01-4142-039-12 1ST NATL FICA 6-25-89 01-4142-040-13 1ST NATL FICA 6-25-89 01-4142-059-14 1ST NATL FICA 6-25-89 01-4142-069-15 1ST NATL FICA 6-25-89 01-4142-099-17 1ST NATL FICA 6-25-89 01-4142-111-31 1ST NATL FICA 6-25-89 01-4142-115-31 1ST NATL FICA 6-25-89 01-4142-119-31 1ST NATL FICA 6-25-89 01-4142-121-31 1ST NATL FICA 6-25-89 01-4142-126-31 1ST NATL FICA 6-25-89 01-4142-174-33 1ST NATL FICA 6-25-89 01-4142-185-35 1ST NATL FICA 6-25-89 01-4142-249-42 1ST NATL FICA 6-25-89 01-4142-290-61 1ST NATL FICA 6-25-89 72-4142-549-91 1ST NATL FICA 6-25-89 73-4142-569-92 1ST NATL FICA 6-25-89 74-4142-590-93 GOVNT FOA LUNDS D HALLIN postmaster POSTMASTER GOLF COURSE 4,175 50 FUND 01 TOTAL 290 00 FUND 24 TOTAL 347 27 FUND 72 TOTAL 726 75 FUND 73 TOTAL 354.74 FUND 74 TOTAL 5,894 26 TOTAL APP CERT OF ACHIEVE BOX LUNCH TOUR SOFT DRINKS 2ND OTR S/W 2ND QTR S/W INCREASE CHANGE FD 01-4300-069-15 01-4382-020-11 01-4382-020-11 72- 4321-549-91 73- 4321-569-92 74-1042-000-00 GENERAL FUND PERM IMPROVE REVOLVING F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD 06-30-89 PAGE : t P 0. • MESSAGE MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL ■»*-CKS ^+io<r\ tVLfiCl I JUL 24 1SS9 cnroFonn »' , LMLOA ON TEE LAKE LMLOA A PUBLICATION OF THE LMLOA VOLliMK I ISSUK I SPRINC; I9S9 UPCOMING EVENTS General Membership Meeting Thursday, July 27,1989 Lafayette Club 6:30-7:00 p.m. Cash Bar 7:00-10:00 p.m. General Meeting Call for reservations: 474-4382 Lower Lake Residents 474-3779 Upper Lake Residents IN THIS ISSUE: Welcome 2 History of the LMLOA 2 Founders Comments 2 From the Editor 3 Membership 3 Voluntcers/Recruiters 5 Milfoil Update 5 Real Estate Taxes 5 Complaint Department 7 Announcements 7 Acknowledgements 7 Application Form Insert * .r 4^''NW. . r- . ' . - '« ■•.» •• Mr.-' WELCOME TO TH^ READERSHIP Welcome to the first edition of "ON THE LAKE" a publication of the Lake Minneiv'nka Lakeshorc Owners Association: LMLOA. There is no other news source concerning Lake Minnetonka that goes directly into the lakcshore owners homes. The newsletter is published quarterly with fall, winter, spring and summer issues. Shorter 'TJews Bulletins" are printed to ensure that our membership is properly informed about issues which require immediate attention. As lakeshore owners, we ne^ to keep informed about issues which affect Lake Minnetonka and ultimately affect the quality of life we pay so dearly for in property taxes. The first volume of "ON THE LAKE" is mailed to all 3,500 lakeshore owners. However, future issues arr mailed only to the members. Because the LMLOA is a not-for-profit organization and staffed solely by volunteers, we are unable to handle the cost of publish ing and nuiling to individuals outside the member ship. A major goal of the LMLOA is to maintain a board focus and not get bogged down in localized issues. To address local individual neighborhood issues the LMLOA plans to divide the geographical area of the Lake into bay coundls. The bay councils then send a representative to the LMLOA board meetings. The bay councils are instrumental in com municating their local concerns to the general member ship and in ensuring that their local area is informed about overall lake issues. This communication net work across city boundaries is what ensures the lakeshorc owners unity and therein a political voice. No longer can ev. .ts which occur in one bay or city go unnoticed by the other cities or lakeshore owners. Aside from its role as a communication link, the bay councils can serve as a hub for organizing social events. It is possible to conceive of a few softball or volleyball tournaments between bay councils followed by a picnic. The LMLOA can serve as many functions as its members desire. Aside from organizing the association volunteers, the provisional board plans to form a nominating committee this fall and prepare for elections of board members for 1990. HISTORY OF THE LMLOA FOUNDER'S COMMENTS by Keith Aakre The Lake Minnetonka Lakeshore Owners Asso ciation was founded by Keith Aakre of Tonka Bay in February, 1989. Keith founded the organization in response to his growing concern that lakeshore owners had no effective advocate for their rights and concerns. He incorporated the association as a not-for-profit and began the task of recruiting volunteers to staff the organization. The six original volunteers who have been serving as the temporary provisional board of directors are as follows: Keith Aakre (Tonka Bay), Betty Bums (Tonka Bay), Dick Kail (Casco Point), Ken Tucknott (Halstead Bay), Chris Lindstrom (Cottage- wood) and Sky Magary (Minnetonka Beach). In March these board members began the task of recruiting membership for LMLOA. Of the approxi mate 3,5(X) lakeshore owners on Minnetonka some 350 liave joined. With the dues and donations from this membership we now have $8,323 and can thus publish the newsletter. Aside from recruiting members, the provisional board has been hard at work seeking volunteers to staff the lake action committees. The committees are formed from the issues the membership has identified as topics of major concern The committees currently being formed are as follows: milfoil, property taxation, lake usage and over development, regional parks, user fees, lake levels and dredging, membership and legal It has been just over four months since the Lake Minnetonka Lakeshore Owners Association was formed. We already have over 350 members. This publication is a milestone in our effort to establish an information resource and advocate for Minnetonka lakeshore owners. The LMLOA is a long term commitment. The issues we face can be complex and adversaries are often entrenched. However, if we unite to face the future developments concerning our lake, we can have an influential voice. To those of you who have joined... thank you for your support and faith in LML(3a. To those of you who are hearing about us for the first time, we wel come your comments and invite you to join. We are listing the phone numbers of our board members. Please call in with your concerns to a board member near you. services. ...-:..i ■' -r ^ _.-A-iaivm. i* O o n\OM THE EDITOR by Chris Lindstrom 'I'm mad as h — and I'm not going to take it anyrrore!!!!!" So yells the man out his apartment wincow in the movie NETWORK. Well, that epithet best mms up the feeling of many of our members. For yean the lakeshore owners have borne the burden of high taxation while having no real political voice or impact on the governmental agencies that dictate what can and can't be done on the lake or its lakeshore. Edicts are passed and laws are enacted concerning lake usage, yet those paying the taxes are never really heard from. Why? Is it complacency? I think not. The system of municipalities dotting the lakeshore which act rather independently of one another has frag mented our public voice. Also there is no agency which attempts to communticate directly to the lake- shore owners and inform them of state and local laws are being formulated or have already been en acted. Too often what we know we get from the local newspapers, after the fact. So, divided and somewhat uninformed, we have become powerless to effect any political action. So what to do? It is time to unite with other lakeshore owners through membership in the LMLOA. This is an historic moment for Minnetonka lakeshore owners. We have the opportunity to join with our friends and neighbors and make ourselves heard. The LMLOA is a not-for-profit organization and powered by volunteers. It is thus, your organization and can only be successful if you join. Then, go one step further, volunteer some of your time to a conxmit- tee. A volunteer organization is successful only to the extent that people volunteer time to it. So seize the moment and seize your pen or telephone and join now!!! LMLOA wants and needs you! HOW DO YOU BECOME A MEMBER????? Look at the recruiting map on page 4 and deters mine approximately which area you live in. Then call a recruiter from that area The recniiter wall provide you with membership information and an application form. Make checks payable to Lake Minnetonka Lakeshore Owners Assn. Your $25.00 family member ship fee includes a subscription to "ON THE LAKE.” Region Rccruilef Address and Phone 1 Chris Lindstrom 20050 Lakeview Ave. Excelsior, MN 55331 4744382 2 Jo.'tn Wyer 19700 Lakeview Ave. Excelsior, M ^5331 474-4513 2 Tom Savoie 3133 Fairfield Ave. Wayzata, MN 55391 9354790 2 Dona Conway 17400 Hwy. 101 Wayzata, MN 55391 473-0317 3 Susan Swanson 2631 Areola Lane Wayzata, MN 55391 471-8166 3 Sky Magary 2201 Huntington Pt. Rd. E. Wayzata, MN 55331 471-0081 4 Tom Bernier 3535 Iw Place Wayza’ '.5391 471-0.' 5304 4 Don Wambold 2786t' is. . j View Kd. Marilyrm Wambold Shore vco J, MN 55331 474-34:3 4 Julie Peterson 60 Wildhurst Road Tonka .3ay, MN 55331 474-1462 5/6 Pat Butzow 5830 Hartiscrabble Cir. Mound, MN 55364 472-7641 5/6 Muriel Bo^decker 5890 Hardscrabble Ciicle Mound, MN 55364 472-1749 ne« TtSSf -r 4 CALL FOR VOLUNTEERS AND NEW MEMBER ^RECRUITERS The succes*' of LMLOA can come about only by the committed efforts of our volunteers. Please evalu ate >'Our current volunteer commitments and decide if you could shift priorities and put some of your volun teer efforts into LMLOA. We need your Hmc and efforts to help organize and staff the lake action conunittees and serv-e as new membership recruiters. The following conunittees are bt?ing formed: Milfoil, property taxation, lake usage and over devel opment, regional parks, use fees and limiting access, lake levels and dredging, memlx'rship, legal services, and advertising. Please call in and indicate how you can help out. We need volunteers at all levels of administration. If you have some Hme, please sign up as a chairpf?r»jn or co-chair Wc will give you plenty of guidance so don't feel you have to be "qualified" to take on a chair position. Aside from the need for action committee volun teers we need many more members to serve as bay area recruiters. The new membership recruiters are netxJcxi to go door to door, to inform their neighlxirs about LMLOA. We want LMLOA to represent as many lakeshore owners as possible. T3ig ^eHog^u^ldlo instructU^ recruiters in all phases of LMLOA activities. With this information, you can give the best possible precenlation to prospective members. If you are interested in helping to revruit new members in your neighborhood please call Dick Kail at 4/1- 7415. If you are interested in chairing, co-cliauing or just staffing a conrumttee, please call Betty bumss 474- 3779. MILFOIL UPDATE by Chris Lind&trorn The intrusion of Eurasian Water Milfoil is a serious threat to all Minnesota lakes. Although this weed cannot 'TdU" a lake, it can make boating, fishing and other water sports less enjoyable. Unfortunately, Minnetonka has the largest inh*station problem. Initial leporte by the DNR indicated that 3,000 acres are affected. According to Gene Stromrtwn of Uie Lake Minnetonka Conversation District, the weed is sus pected to be present in nearly all bays of the lake. He said that a lake reconnaissance effort is planned jcrfnfly between the MinnesoU Department of Nattovl Re- rces and the US Army Corps of Enginecfa. 1/ this I *search and identify" the weed effort is undar- taken, then n i>re ffttrtdtextent of Milfoil infestaL< n wlU be available The DMR is taken a rathef cautious approach in allowing nv?i:hanii il harvoaditjof ttie weed. The State fisheries arm of the PNR haa raised concern that critical fish habitat nu. • be destroyed by r -er harvest ing. Tliercfore, the DNK has decided thai only 500 of the 3,000 acres may be han,’ested. The LMCD begins harvesting MUfoil with two harvesters june 19lh. An add. tumal two harvetten are expected to arrive sometime in J. 'y A^ordlng to Strommen, once all four harvesters are In action the DNR may decide to reconsider the 500 acre limit and allow more aci-es to be cut. What about chemical treatment to kill Milfoil? Mr. Strommen strongly recommends that chemical treatment be undertaken only after issue of a permit The permit process may cause delay and have a cost involvt*d, but it ensures that the DNR knows where treatments arc taking place so that DNR experimental chemical treatment programs are not contaminated by homeowner chemicals. The Milfoil infestation on Lake Minnetonka is so extensive that the DNR has decided chemical treatment of this large area may enter too much toxic substance into the lake and has thus favored harvesting as a the best means of control. Mr. Strommen urges homeowners to notify their neighbors when chemical treatment has or will take place. Such notice ensures that children or adults swimming or fishing near the treatment aru-a are not subjected to chemical expHisuie. It’s im'Xirtant that Idkeslwre owners not go "hog wild" dumping chemi cals on the wet'ds and risk endangering our children and neighbors. No one wants to see chemical warfare waged on the l >ke. Mr. Strommen cautions that at no tinw should a lawn weed killer be used to treat lake weedi Only an approved aquatic herbicide can eriure that wi eds are safely eradicated. If you need informa tion atx'Ut chemical treatment jiermits, you can call the DNR at 296-0782. You will be glad to liear that our area District 43 State Senator Gen Olson sponsorotl a bill seeking State funds tor aquatic weed control and research. The bill passed and $250,000 has been appropriated for combat ing MilfoU in Minnesota lakes. REAL ESTATE TAXES by Cliff Rohtrts • Ueqfhdvfn City Counctlman This spring at local Lake Minnetonka city counol mecH^ and at Board i f Review meetings at kn al dtiOk • wewd number of residents turned out to promt evir^ng ml estate taxes continued on p(^ (> » ^ ...Sc Anger was dircc'.cd toward assessors and the values set upon property. However, your local asses sor docs not establish your taxes, but his numbers arc used as a basis for other bureaucrats to calculate your liability. Also, the assessor is required by law to keep community values set between 90% and 100% of the fair market value. Fair market value is based on what houses are selling for in your area; not what the asking price is. Ultimately, it is local governments, school boards and Hennepin County who set budgets that determine how much money must be raised from real estate taxation and it is imperative that their spending decisions be watched carefully by all concemeu. Satisfying Hermepin County government needs requires an alarming amount that is at least double that which you are paying for local government services. To control their ever increasing budgets, we need far greater citizen vigilance and protest when these get out of hand. Our Hennepin County Commissioner is Tad Jude. We should let him know our fc'elings about unwarranted largesse. (Phone 424-4127) Even if the need for tax income is kept in control, we arc still faced with a highly unfair and improper allocation of real estate tax burden as determined by the state legislature; not the city assessors. For reasons of their own , many of them political in nature, the legislature has established a "progressive" tax structure that taxes higher valued homes at far higher rates than low valued housing. For example, a home assessed at $2(X),(XX) pays taxes that are 10 times greater tlian taxes on a $50,000 home even though the value is only 4 times greater. As property values escalate on Lake Minnetonka, this loading of the tax burden on higher valued homes has become alarmingly evident in our community. The unfair nature of these tax schedules lies in the fact that they assume that the ability of the occupant to pay "progressive" real estate taxes nses in direct proportion to the value of their home. However, houses do not pay taxes, the people inside them pay the bills. Incorrie taxes are progressive, but are based on proven ability to pay. However, real estate taxes in Minnesota rise at a far steeper rale than income taxes, yet are not based on an ability to pay. Consequently, a retired couple living on a fixed income may ultimately have to Sku their home because they can no longer afford to pay the real estate taxes. The result is socially destructive and poses serious problems for people in nur area who have seen their assessments rise from causes over which they have no control. The presump tion by the legislature that our homes are an invest ment and can be bought and sold with no public or personal impact is a presumption that is not only improper, but even cruel. Furthermore, while the legislature loads the major tax burden on higher valued homes, it has gone out of its way to enact legislation that shelters low valued housing from the increased expenditures of government. Probably, on the theory that a majority of voters w'ould pul them out of office in protest of nsing taxes, they have ir\sulatcd homeowners in the lower price ranges from feeling the alarming increases in government spending. The net effect of this misguided policy is to falsely lull a large part of our citizens into non-participation in the process of overseeing the actions of public officiab who spend our money. What can be done about this? Many residents I have talked with react in despair. How can a minority possibly secure any consideration from a politically driven state legislature? First, citizens must become educated on at least the basics of how real estate taxes arc set. The Minnesota system is quite complicated, but the discrimination of sheltering low valued housing while making up the dif ference with higher taxation rates on higher valued homes is clear. The term "Gross Tax Capacity" is probably of little meaning to most of us, but it is through this system that the slate has set up its formula for high taxes on high valued homes, without any regard for the ability of the occupant to pay. Second, we must become organized, first in local groups and then by combining the interests of many sin\ilar groups in order to speak with one voice. Finally, legislatures must be made aware of the protest that is rising. This may even mean appearing in {x?rson at rallies in St. Paul, but the price of indifference is far greater than the cost of the effort to go to the state legislature. State Senator Gen Olson has volunteered to write a property tax article for the next issue of "ON THE LAKE." EDITOR'S COMMENTS By Chris Undstrom The slow insidious process of political indifference is putting the very homesteads we cherish at risk of being confiscated by our stale tax system. Spiraling government spending at the county and state level is the root of the problem — not the city assessors. We hope the LMLOA can serve as an information source concerning these property tax issues. If you like, start calling or writing the individuals who are currently in office regarding this tax situation. Even though you may despair of ever seeing tax reform, it is just this very feeling tliat may be paralyzing many of us into inaction. We hope the LMLOA can provide the means to make protest easier by identifying the names, addresses and phone numbers of public officials who can change this discrinunatory tax structure. O A> *• f-aaww-. ^ A A, ^ o notice The first meeting of the general membership is July 27,1989 at the Lafayette Club. A cash bar is avail able for social gathering from 630-7:00 p.m. At 7.-00 p.m. the general meeting begins. Call or mail in your rraervation. Upper Lake Residents: Betty Bums, 474- 3779; Lower Late Residents: Chris Lindstrom, 474- 4382 Stale Department of Health Fish Advisory A fish advisory has been issued for Lake Minne tonka. Limit intake to one meal a month from the following fish: Carp, Bullhead, Sucker, Walleye and Northern Pike. Mercury and PCB have been found in concentrations higher than the recommended level. Pregnant won^en are advised not to eat any meals of these fish. To reduce ones exposure to the toxins, the State Department of Health recommends using a fillet technique that removes all the skin and fatty tissue. It is the fatty tissues that contain the highest concentra tions of the toxins. Crappie and Sun Fish are considered safe to eat and are not on the limited meal intake advisory. Advertising Any one interested in placing an advertisement in ON THE LAKE" may contact Chris Lindstrom: 474-4382. Weed Control Study Planned The purpose of this study is to test a variety of tools and methods around docks and shorelines, where LMCD harvesters will not operate. A pamphlet would be written describing the easiest, least costly, most efficient methods for use by individual homeowners and dockowners. Disposal methods for harvested material would also be investigated. Test sites with various conditions, and new or unique harvesting ides; needed. Test site owners may be asked to help provide labor, or contrib ute a small amount to defray labor costs. If you would like to participate in the study, send a description of your property, particularly late bottom, or a diagram of your idea to: Don Wilbur, LMCD Test Coordinator 3185 Lake Shore Blvd. Wayzata,MN 55391 • 'Hi*. ;v- Cards ScLetters COMPLAIN, COMPLAIN, COMPLAIN!!! Yes, we want to hear your complaints! LMLOA can be a clearing house which gathers the complaints, keeps track of how many of the same are received and from what bays. This complaint clearing house can then determine what patterns of problems are occur ring around the late. But, we need your complaints to discover what negative trends are developing. If you don't complain then nothing can ever change. So, sit down, make a list and then mail the complaints to us: LMLOA, P. O. Box 596, Excelsior, MN 55331. Be as detailed as possible about your prob lems. Include your name, address, bay and telephone number so we can contact you about l^rther informa tion. ACKNOWLEDGEMENTS LMLOA thanks the following individuals and businesses for their support Lafayette Club, for graciously renting at reduced cost the use of their lovdy ballroom for our first general membership meeting. Roger Fazendin Realtors, for meeting facilities. The Bank WayzaU, for the use of their ofiices for our recruiting meetings Kevin Kail of Current Tech, a computer applica- liuns LUinpany, fur assisting the editor. Ann Barnes of Business Expressions for donating time to design, layout and tyjjeset "On The Luke”. . ‘.r -■ LMiOA TELEPHONE CONTACTS Chair Vice-Chair Newsletter Editor Secretary Treasurer Sky Magary Tom Savoie Chris Lindstrom Betty Bums Carol Kail Recruiting Coordinator Dick Kail Board Member Ken Tucknott Membership Chair Pat Butzow 471-0081 935-4790 474-4382 474-3779 471-7415 471- 7415 472- 6030 472-7641 Please contact anyone of the above persons who lives near you if you have any questions or comments. Call in reservations for the General Meeting before July 24,1989 to: Chris Lindstrom 474-4383 Lower Lake Residents Betty Bums 474-3779 Upper Lake Residents o Lake Minnetonka Lakeshore Owners Association ONTHtilAKE P.O.Box 596 Excelsior, MN 55331 1,^ . ‘1 I/;., ***•/ BULK RATE U.S. POSTAGE PAID Excalsior, MN Permit No. 108 City of Orono P.O. Box 66 Crystal Bay, MN 8S31S Important meeting - July 27,1989 ..or Current Resident MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT W. 278 HELD ON JUNE 12, 1989 The regular meeting of the School Board of Orono Independent School District Mo. 278 was held on Monday, June 12, 1989. Present:David McKown Don Anderson Kitty Crosby James Franklin John Maresh Lucie Taylor Thomas Mich William Fenholt UPON MOTION by Kitty Crosby, seconded by Lucie Taylor, the consent agenda was approved as follows: - approved the minutes of the May 8. 1989 regular - approved the minutes of the May 16, 1989 regular - approved the minutes of the Board Workshop,May an earth science meeting; meeting; 8, 1989; - approved the appointment of Dr. Steven L. Greenfield as principal of Orono High School effective August 1, 1989; - approved the appointment of J. Whitney Driscoll as teacher at the Orono Middle School; - accepted the resignation of Kim Fragodt who has been a teacher in the elementary school ^or the past three years; - approved the appointment of Linda von Busk irk as secretary to the prin cipal at Schumann Elementary effective July 1, 1989; - accepted the resignation of Doris Fenholt who has been a teacher in the elementary school for the past twenty-three years; - approved the following variances: Megan Wirtjes, grade 3, and Christopher Wirtjes, grade 1, to complete the 1988-89 school year at Orono; Nathaniel Fansler, kindergarten, to attend Orono Schools; - placed the following seasonal employees on leave of absence during the 1989 summer months in order to protect their retirement status: Approved by the Orono Board of Education - June 12, 1989 Susan Anderson Cam O'Brien Cindy Becker Ina Powers Connie Behrendt Carolyn Smith Mary Ann Bouley Beverly J. Peterson Martha R. Brown Carol J. Pollard Joan Christianson Robert Portz Gertrude L. Corpe Catherine P. Quady LaVon G. Determan Karen Richter Rosemarie C. Ehalt Beverly D. Saatoff Mary Eisinger Marlene J. Schultz Jeanne Friske Carol Senn Joni Galski Sandra Sievers Julie Gonsior Mary J. Sweezo Shirley J. Hake Frances K. Teigen Shirley Hayes Jean Theilbar Janet M. Hayes Susan Vensel Bruce K. Hendrickson Geraldine L. White Kay Hunke Elaine E. Will Connie Jenkins Ruth M. Willar Julie C. Johnson Judy Wyatt Carol A. Kocina Sue DeBoer Lane Larson William Glover Shirley Lundgren Robert Stabnow Barbara Mikkelson Paul Odenthal Cheryl Nikko Marcia Frost Lynda Stahlke Lesley Anderson Georgia Hawkinson - approved the bills as covered by vouchers 062623 through 062740 (062741 through 06399 are manual checks) and 063400 through 063517 and 061801 through 062789. Lucie Taylor expressed appreciation to Doris Fenholt for her years of service and dedication to the Orono School District and its students. Dr. Mich extended congratulations to the Class of 1989 and expressed appreciation to everyone who worked on the graduation program, the reception and the senior party. Dr. Mich also extended congratulations to the faculty/staff members who retired at the close of this year. He also expressed appreciation to Doris Fenholt for her years of service. Dr. Mich reported that sorrow dominated the close of the school year because of the death of third grade student, Shelley Moe and he expressed sympathy to her family; that six students participated in the Special Olympics in Duluth; that interviews are in process for the Orono Primary School principalship; that progress on the new addition is being made, that the Board will be informed when the Facilities Committee meets for ihe last review and then the project should be ready for bids; that he plans to have an administrative retreat this summer for discussion/planning purposes; that a new Orono School brochure has been developed and thanks goes to Toni Bergland for her work on this project; that the AMSD legislative dinner will be held on June 21 at the Midway Sheraton in St. Paul; that he wanted to express appreciation to the Board for their support/work this past school year as many things have taken place in addition to the routine things - opening of Orono Primary School, passing of a referen dum, two principal searches, etc. - and that all of this was successful because of the support/encouragement of the Board of Education and their willingness to work together for the school district. Dr. Mich reported that summer school began today, June 12, and that there are 428 students enrolled. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the Board of Education approved the use of the Iowa Test of Basic Skills. At 7:35 p.m., Mr. McKown called to order a hearing, held in order to comply with the law, regarding major capital facilities projects outlined for the ne/.t five years. Bill Fenholt furnished the Board with a brief outline of all projects contemplated and answered questions from the Board. The hearing was closed at 7:40 p.m. UPON MOTION Kitty Crosby, seconded by Lucie Taylor, the Board of Education adopted the Five Year Capital Facilities Plan (1989 - 1994) as recommended by the administration. A summary of the plan follows: ORONO INDEPENDENT SCHOOL DISTRICT NO.278 CAPITAL EXPENDITURE FACILITIES PROGRAM 1989-94 On the following pages is a sunmary of the school district's five-year capital plan for maintenance and Improvement of facilities. A more detailed narrative explaining each project Is on file In the district administrative office. Rejects will be reviewed and approved annually by the School Board. The plan Is to be viewed as more of a guideline than a binding docu ment. It Is an attempt to provide citizens with more information and an opportunity to comment on this p^rt of the school budget. The annual levy Is based on pupil units and the amount allowed for levy per pupil u: it by the legislature. The current figure of $137 has been reduced to $130 during the 1989 legislative session and the revenue projections reflect this. June 12, 1989 RCVENUE PUN 1989-90 1990-91 1991-92 1992-93 1993-9^ Pupil Units 2,295 2,391 2,508 2,683 2852 Levy Per Pup^1 Unit S 137 % 130 S 130 $ 130 $ 130 Basic Levy Amount 314,415 310,830 326,040 348,790 37C.760 Special Healtli & Safety Levy Amount •- 0 -224,736 82,500 142,500 85,500 Refund on Oil Tank 25,000 - 0 -30,000 - 0 -30,000 Energy Low Replacement Interest Loan 15,000 - 0 -- 0 -- 0 - Misc. Income 20.000 21,000 22.000 23.000 24.000 Total Revenue S374,415 $556,566 $460,540 $514,290 $510,260 •Levy 1989, Collectible 1990 1987- 88 Expenditures 1988- 89 Expenditures 1989- 90 E:t1«*ated Expenditures 1990- 91 Estimated Expenditures Total Less Refund on Tank Removal TOTAL LEVY FIVE YEAR CAPITAL FACILITIES EXPEMDITURE PLAR Item 1989-90 1990-91 1991-92 1992-93 Parents to Other Governmental Units: Site Upkeep A. Roads, Parking Lots & Playgrounds 8. Tennis Courts and Tracks C. Ground Watering Systems D. Renovation of Middle School Track E. Middle School Football Field Lighting Subtotal Site Upkeep 1993-94 A. TIES Leasing Charges Sll,456 $12,029 $12,630 $13,262 $13,925 B. Hockey Arena Lease 20.615 21.645 22.727 23.863 25.056 Subtotal Governmental Units $32,071 $33,674 $35,357 $37,125 $38,981 Building Upkeep A. Roofs $62,000 $106,000 $110,000 $62,000 $65,000 B. Carpet Replacements 10,000 10,000 10,000 10,000 10,000 C. Surveillance Systems 1,000 1,000 7,500 1,000 1,000 0. Electrical Circuits 8,000 8,500 9,000 9,500 10,000 E. Energy Retrofit 15,000 - 0 -- 0 -- 0 -- 0 - F. Carpenter's Salary for Projects 10.000 10.500 11.000 11.500 12.000 Subtotal Building Upkeep $106,000 $136,000 $147,500 $94,000 $98,000 $15,000 $31,500 $ 2,000 $ 2,000 $ 2,000 2,000 24,800 2,000 2,000 2,000 1,112 1,758 1,650 2,000 2,000 - >- 0 -- 0 -10,000 - 0 - - c -30.000 - 0 -- 0 -- 0 - $18,112 $88,058 $ 5,650 $16,000 $ 6,000 mLk I ten Other Improvements 1989-90 1990-91 1991-92 1992-93 1993-9^ A. Niddle School Doors (Phase III)1o11o1$25,000 1o1101B. Remodeling of Hiddle School Shop - 0 -50,000 - 0 -- 0 -- 0 - C. Replacement of Niddle School Gym Floor - 0 -- 0 -- 0 -- 0 -50,000 0. Middle School Cafeteria Remodeling - 0 -- 0 -50,000 - 0 -- 0 - E. Middle School Science Rooms - 0 -10,000 - 0 -20,000 - 0 - F. Celling & Lighting In Middle School - 0 -- 0 -- 0 -8,000 - 0 - G. Replacement of H.S. Language Lab.24.000 - 0 -- 0 -- 0 -- 0 - Subtotal Other Improvements $24,000 $60,000 $75,000 $28,000 $50,000 Site Purchases A. Lease of Parcels 132,500 $32,500 $21,667 $21,667 $10,833 B. Purchase of Parcels - 0 -119.163 - 0 -119.163 119.163 Subtotal Site Purchases #32,500 $151,663 $21,667 $140,830 $129,996 Technoloov A. Computer Labs & Enhancements $24,000 o1$ - 0 -$ - 0 -$ - 0 - B. Replacement of Computers - 0 -51,500 54,075 56,779 59,618 C. Computerization of Libraries 8.000 - 0 -10.000 - 0 -12.000 Subtotal Technology $32,000 $51,500 $64,075 $56,779 $71,618 Health and Safety A. Underground Oil Tank Replacement 1o1$60,000 101$60,000 1o1B. Asbestos Removal 8,500 5,500 5,500 5,500 5,500 C. Fire Code Violation (Safety Hazard). 0 -75,000 75,000 75,000 75,000 0. Life Safety Improvements 3.000 8.000 2.000 2.000 2.000 Subtotal Health and Safety $11,500 $148,500 $82,500 $142,500 $85,500 Barrier Free A. Consultant S 2.950 1o11o11o1101B. Handicapped Access - 0 -5.000 2.000 r.ooo 2.000 Subtotal Barrier Free $ 2,950 $ 5.000 $ 2.000 $ 2,000 $ 2,000 Contingency $25,000 $25,000 $25,000 $25,000 $25,000 SUGARY FIVE YEAR CAPITAL FACILITIES Governmental Units $ 32,071 $ 33,674 $ 35,357 $ 37,125 $ 38,981 Building Upkeep 106,000 136,000 147,500 94,000 98,000 Site Upkeep 18,112 88,058 5,650 16,000 6,000 Other Improvements 24,000 60,000 75.000 28,000 50,000 Site Purchases 32,500 151,663 21,667 140,830 irr"96 Technology 32,000 51,500 64,075 56,779 71,618 Health A Safety 11,500 148,500 82,500 142,500 85,500 Barrier Free 2,950 5,000 2,000 2,000 2,000 Contingency 25.000 25.000 25.000 25.000 25.000 GRAND TOTALS $284,133 $699,395 $458,749 $542,234 $507,095 CAPITAL FACILITIES PUN SUMIARY OF REVENUE AND EXPENDITURES 1989>90 1990-91 1991-92 1992-93 1993-94 Beginning Balance $222,869 $313,151 $ 170,322 $172,113 $144,169 Revenue 374,415 556,566 460,540 514,290 510,260 Expenditures 284,133 699,395 458,7a!#542,234 507,095 Ending Balance 313,151 170,322 172,113 144,169 147,334 Note: Balance of $147,334 assumes $125,000 in contingency funds ($25,000 each year) will be spent during five year period. If not, the balance may be higher. .4, The Board received a summary, prepared by Bill Fenholt, of this year's legisla tion and the effect for the Orono School District. Board members expressed con cern regarding certain areas of the legislation. Or. Mich and the Board expressed appreciation to Bill Fenholt for his time/work in providing them with this information and also for his diligence/support during the entire school year. Dr. Mich extended congratulations to Marge Gasch, the recipient of the Outstanding Layperson in Education presented by the Orono Education Association. He stated that Marge is well deserving of this award in appreciation for all of her years service to the Orono School District. UPON MOTION by Lucie Taylor, seconded by John Maresh, the Board of Education directed the administration to award contracts on the Orono Primary roof, a language laboratory and two handicapped vans following bids taken on June 22 and 29 respectively, with Board ratification at the annual meeting on July 10. The consensus of the Board was that Mr. Fenholt should proceed with calling for bids on 1989 vans and, if possible, obtain those vans now with the possibility of a savings to the School District. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Board of Education ratified the agreement reached between the Board Negotiating Committee and Hanus Transportation for transportation service for the 1989-90 and 1990-91 school years. Or. Mich expressed appreciation to Dave McKown, Don Anderson and Bill Fenholt for their work in negotiating this contract, UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Board of Education approved the 1989-90 Community Education Budget as presented subject to change, after completed negotiations. The budget follows: APPROVED BY THE ORONO BOARD OF EDUCATION - 6/12/89 EXPENDITURES FOR 1989-90 BUDGET RECREATIONAL SERVICES 04-898>939>450-13ft-000 186 195 196 197 198 333 337 470 491 497 995 Summer Band Pay Open Gym Nights Pay Summer Programs Fall Programs Winter Programs Spring Programs Class Supplies General Supplies Breakage k Damage Program Dev. k Growth Year Long Programs Rnandal Assistance TOTAL RECREATION 04-898-940-450-100 120 132 195 196 197 198 202 205 210 221 225 227 229 261 333 335 337 452 465 470 491 497 902 903 990 996 AdnUn. Salaries Supervisors Salaries Cakial Help Pay Sununer Programs Fail Programs Winter Programs Spring Proems PERA nCA Medicare Deduction Hospitalization Disability Income Life Insurance Workers Comp Medical AUowaiKe Class Sirpplies Newsletter Brochures General Supplies Telephone-Telegraph Photocopy Maintenace Breakage k Damage Program Dev. k Growth Year Long Programs Travel Travel - Conventions Transfers - Util k Facil. Abatement of Revenue TOTAL COMMUNITY SERVICES Adult Basic k Cont E<i (AB/CE) Early Q ildhood Family Education 1989-1990 9,936 0 18,500 2300 7300 2300 TOO 150 50 0 800 4300 $46336 1989-1990 19313 20300 0 3300 5.000 3300 3.000 1,726 3,108 301 2,979 172 127 394 900 300 5300 3300 800 400 50 9300 1300 1350 5,000 150 $91370 $7300 $59301 mm COMMUNITY EDUCATION BUDGET - 1989-90 REVENUE: • » IZ».M •111-000 Current Property Taxes 112 Delinquent Property 114 Fiscal Disparities 161 Summer Band Fees 162 Summer Class Fees 170 Interest on Investment 191 FaU Class Fees 192 Winter Class Fees 193 Spring Class Fees 194 ECFEFees4rMisc 195 Open Gym Fees 258 Other Prop. Tax Credit 282 Mobile Homes 299 State Aid Adjustment 365 Homestead Credit 366 Ag Levy Differential 367 Homestead Credit Mobile 579 Misc. Receipts TOTAL REVENUE 1989-90 \QSj0i7 IW 6^7 9,936 15,500 2750 11,000 1^450 8,000 5,520 0 418 1 0 13,925 1313 0 3,000 $200/407 y:. ' TOTAL REVENUE $200,407 RECREATIONAL EXPENDITURES COMMUNITY SERVICES EXPENDITURES ADULT BASIC A CONT. ED. EARLY CHILDHOOD FAMILY EDUCATION $46A}6 $91,470 $7,000 $59,601 TOTAL EXPENDITURES ALL AREAS $204,407 BUDGET FOR ADULT BASIC CONTINUING EDUCATION 1989-90 NO. 04-898-942-4SO-100 Admin. Salaries 2330. 132 Casual Help 500. 337 General Supplies 350. 335 Brochures 750. 903 Ti-avel 200. 491 Program Growth 688. 372 Facility Rent/lea 1,982. Total $7,000 LAKE Minnetonka cable communications commission EXECUTIVE committee MEETING TUESDAY, JULY 18, 1989- EXCELSIOR STUDIO AGENDA I. Call to Order II. Approval of Minutes III. Reports: a) Officers b) Administrator c) Triax IV. Unfinished Business V. New Business VI. Adjournment iUv JUL ' I ■':ca MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXCELSIOR STUJIO JUNE 20, 1989 - 5:00 P.M. CALL TO ORDER Vice Chairman Swartwood called the June 20, 1989 meeting to order at 5:06 p.m. ROLL CALL DIRECTORS PRESENT Jim Olds Lesley Hughes-Seamans Jim Swartwood Dave Stahr Tom Anderson - Arrived at 5:07 p.m. OTHERS PRESENT Ric Hanson - Triax Jennifer Watts - Admin. Shelly Quaas - Recorder APPROVAL OF MINUTES MOTION 6.20.89.1: Olds moved, seconded by Hughes-Seamans to approve the minutes of May 16, 1989 as written. Motion carried unanimously. REPORTS A. OFFfcERS - TREASURER MOTION 6.20.89.2: Olds moved, seconded by Anderson, to approve the Just Claims as written on appendix A. Motion carried unanimously. Olds explained that Administrator Watts had been checking into interest paid on certificates of deposit and recommended the Commission invest in one. MOTION 6.20.89.3: Olds moved, seconded by Swartwood, to transfer up to $20,000 into a Certificate of Deposit with the State Capitol Credit Union. Motion carried unanimously. Chairman Anderson appointed Lesley Hughes-Seamans as Assistant Treasurer. b. ADMINISTRATOR Administrator Watts informed the Commission that Access workshops would be finishing up by the end of June. Watts also informed the Commission the PERA benefits would increase by .23% beginning July 2, 1989. Aaron Blechert is the new production assistant. Debbie Kokesch has given her resignation; her last day will be June 30, 1989. Administrator Watts would like to fill her position with a temporary service until a replacement can be hired. Technical Audit: Watts has requested material from Triax for the technical audit. Peter Berzins, from the City of Mlnnetrista, has volunteered to review the materials once received and make a recommendation to the Commission. LMCCC MINUTES Page 2 - June 20, 1989 TRIAX IV. Ric Hanson of Triax presented his monthly report to the Commission: Homes Passed 11,445 Basic Subscribers 5,217 Basic Penetration 45.58% Total Pay Units 3,846 Net Gain 92 Construction in the Hamel addition should be completed soon with service available by July 5. Residents of the area will be notified. Chairman Anderson asked Hanson if Triax had resolved the situation with Mr. Roepke who had voiced complaints at the last Commission meeting. Hanson explained that Mr. Roepke had some ghosting and flickering problems. The situation was corrected by connecting a new drop from the pole to the house. Administrator Watts updated the Commission on the disconnection of the phone at the Mound office and asked Hanson to explain Triax*s plans to forward calls. Hanson explained that the old number had been changed to an '*800'* number. Hanson said the new number is on the billing statement. Hanson also said the customer service should be getting better. Triax has started a new program with customer service representatives. The representatives will be calling subscribers back to see if service calls have been made and the problems resolved. EQUIPMENT UPGRADE A. COMPUTER Administrator Watts informed the Commission that a computer upgrade is necessary to perform accounting functions, word processing and graphics. Watts recommended trading in the existing computer and purchasing new software at the following prices: Amiga 1000 for Amiga 2000 Genlock System Word Processing Software Accounting Software Graphics Software Printer - Okidata 292 w/cable Total $1,000.00 $ 325.00 $ 199.95 $ 134.00 $ 119.95 S 550.00 $2,328.90 Watts reminded the Commission the computer currently in use was technically owned by Triax and an agreement as to ownership of the new computer would need to be made. MOTION 6.20.89.4: Olds moved, seconded by Swartwood, - approve the purchase of the equipment noted. Motion carried unanimously. lilCCC MINUTES Page 3 - June 20, 1989 B. STUDIO ^ Administrator Watts explained the the current lighting in the studio is inadequate. Watts proposed the Commission purchase the following: Qtv Description Unit Cost Total Cost Altman Fresnel BTR 1000 Watt Lamps Altman side arm ext $134.00 $ 26.74 $ 16.00 Total $804.00 $160.44 S 80.00 $1044.44 MOTION 6.20.89.5: Olds moved, seconded by Hughes-Seamans, to authorize the purchase of the lighting equipment in the amount of $1044.44. Motion carried unanimously. V. 1990 BUDGET PLANNING SUBCOMMITTEE Lesley Hughes-Seamans, Jim Olds and Administrator Watts will serve on the 1990 Budget Planning Subcommittee. VI. UNFINISHED BUSINESS Administrator Watts and Lesley Hughes-Seamans will be attending the NFLCP Conference coming up July 12-16, in Dallas, Texas. VII. ADJQPv^NMEN.I . . ^ ^MOTION 6.20.89.6: Olds moved, seconded by Swartwood, to adjourn the June 20, 1989 meeting at 5:52 p.m. Motion carried unanimously. RESPECTFULLY SUBMITTED, SHELLY QUAAS CieoOQ.lL ^Lt^ua(vrneO \UiVJsc 71789.1 MAYOR'S ARTICLE 0 ELECTRICITY AND WATER DON'T MIX - As many of you may have recently noticed, we have again had a most unfortunate reminder that electricity and water don't mix. A pump used to pump water out of Lake Minnetonka had been installed on the lake side of the shoreline and the installation had not been inspected. The City does not encourage the use of pumps from the lake and would prefer people use alternative means of water supply for their outdoor watering needs. (I am assuming at this point that no one continues to use lake water for their sanitary and domestic needs.) Secondly and more importantly any installations of elect L appliances other than cord and plug equipment, be they at the lake or anywhere else on the property, do require electrical permits. These permits provide for review of the work prior to it being done together with inspection of the work once it is done. Improperly installed electrical devices, which can cause accidents, are often corrected through this type of inspection. Use of any electrical appliance at or near the water is an exceedingly dangerous practice and we recommend that you find an alternative means to accomplish your needs. If however, that is the only way of accomp:i. ish ing it, make sure that appropriate electrical safety rules are followed. If you are installing any electrical equipment using wiring, a permit must be obtained. While the loss of a young child is one of the most tragic things in our society, the loss of a life in this manner can generally be avoided through safe pract;ices and appropriate forethought. If you have any questions on electrical installation please contact: Curt Hagfors, State Electrical Inspector at 471-9820 (7 A.M.-9 A.M.) or State Board of Electricity, Griggs Midway Building, Room N-191, 1821 University Avenue, St. Paul, MN 55104. HIGHWAY 12 SEWER AND WATER INSTALLATIONS - YOU may be aware during the past four years the City has revised its Comprehensive Management Plan for some areas along Highway 12. This was approved by the Metro Council in 1988 and adopted by the City in 1988. At this point interested persons owning property in the area have begun to move forward on development of their property. The City has ordered the installation of sewer and water trunk lines for t area and is undertaking the necessary steps for an independent <^ater source and individual water tower to provide separate sewer and water systems serving these developing Pi.'operties on Highway 12. The cost of these improvements will be o o 'b: borne eventually by all the developing properties that ha^e benefitted. ORONO LIFT STATION REPLACEMENTS - (NORTH SHORE DRIVE) - YOU recently have noticed, following the Metro Waste Control Commission's construction on County Road 51 east of Shadywood, that further construction work is being done west of that point together with work in the Maxwell Bay Marina/Morth Shore Drive Marina area. These projects are follow-ups to the Metro Waste project and will convert existing force main use to more easily maintained gravity use. The work west of Shadywood Road will also increase the available capacity in that area and as such it is being proposed that the cost be borne by those who benefit by that i.e. undeveloped property within the sewered area of the City to the west. A hearing will be held to discuss the financing of this project on August 14, 1989. STUBBS BAY SEWER - Residents in the area of Stubbs Bay have received notices and attended a meeting held July 27, 1989 to review the possibility of sewering being done in that area to solve the existing sanitary system concerns. Of the many alternatives explored during the City's Alternative Waste Management Study, sewer at this juncture seems to be the best longterm solution for the vast majority of the properties near Stubbs Bay. Decisions in this area will proba’ 'y be made this fall or winter. COUNTY ROAD 116 - Despite the City of Orono's objections to the construction of County Road 116 in Medina, south of Highway 55, the County has indicated that they are proceeding with its construction. The City has indicated that if the problems to which they objected are present at the southern terminus of the project at the Medina-Orono border, the Council feels it appropriate to have County Road 116 completed to Highway 12. To this end, there was a public information meeting on July 26, 1989 for property owners immediately abutting the property to review the design plans and have their input as to the design of the road. Additionally there will be a public hearing in front of the Council on September 11, 1989 at which time it is anticipated that the County will respond to the comments from the July meeting. ORONO CENTENNIAL - Each of you has received during the past week a mailing from the City regarding contributions to the Orono Centenntial commemoration. We appreciate the donations that are to be made to the West Hennepin Pioneer Museum earmarked for the Orono Centennial. The 100 years as a township is important and this money will go to support the book that will be for sale together with the Orono Centennial Ball at the Lafayette Club on October 13, 1989. ORONO PUBLIC GOLF COURSE - Some of you had noted at a recent meeting that the Council discussed the issue of the Golf Course and the major alternatives it had in relation to it. To clarify the matter at this time the Council has directed staff to explore ways of making it more profitable including solicitation of comments and ideas from those in the community who are knowledgeable in Golf Course operations. Should any of you like to contribute your ideas, please feel free to contact either Mark Bernhardson or John Gerhardson of our staff at 473-7359. Should you have any further comments or questions, please contact any of your Councilmembers including; J. Diann Goetten, Barbara Peterson, Edward Callahan and Alan Nettles or myself and we would be happy to discuss issues of concern to you or get a response back to questions you may have. On behalf of the Council. James R. Grabek Mayor 72089.5 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrator July 20, 1989 SUBJECT: Orono/Long Lake Discussion The attached article and perhaps the report on which it is based that was given to the Long Lake Council assumes more than is actually there as ho level of agreement. Based on what was discussed 7/12/89 between Arlo Vande Vegte, Tom Barrett and myself there are areas in their present verbal proposal that we could not recommend ho the Orono Council. Once their draft proposal is presented we will present it to Council as format to further discuss the issue. <L July 20,1989 WEEKLY NEWS Long Lake to proceed with plans for annexation of property in Orono By Carol Uppal The Long Lake C ity Council voted at itf July 18 meeting to expedite action to detach and annex ihe former sewer plant site in Orono. Councilmembers said they hope the longstanding issue between the two cities can be resolved within 120 days. City Attorney Arlo VandeVegte is drafting an agrees ent for council ap proval. that will tl en be passed on to the Orono City Council. The agreement calls for covenants on the sewer plant site meeting Orono’s zoning requirements. On another issue between Long Lake and Orono, VandeVegte said Orono now plans to supply its own municipal sewer anu water service to the Reber’s property north of Hwy. 12 and west of Brown RA That further removes the possibility th’Ht site might also be annexed into Long Lake. Orono is requesting, however, that its system be allowed to interconnect with Long Lake. Long Lake City Engineer Je.T Roos ) said Long Lake may have the capacity for an interconnection with the Reber’s site, but not for any additional develooment along the Hwy. 12 corridor in Orono. Roos said Orono may need to construct its own water tower in the area at a cost of $25<}.000 to $500,000. Long Lake has been seeking assur ances from Orono that it will limit com mercial development along Hwy. 12 that might undermine Long Lake’s downtown development efforts. In other action, the council gave pre liminary approval to a golf dome in the industrial park, A variance will still be needed for the 90-foot high dome. The facility would have 36 stalls for golfers and \ luld not be used in summer. The council voted to hold a public hearing as soon as possible to . .odify its Redevelopment Project Plan and Tax In crement Financing Plan to include all of tlie industrial area. The change in the development area and tax increment plan will be made as soon as possible to capture taxes from the proposed golf dome and retail pro ject Councilmembers also: • Approved permits for the Church of St George to hold its annual Com Days celebratioru • Approved the combination of “three lots on Hollum Ln. and subsequent sub division ii to two lots conforming to city zoning requirements. • Heard a complaint about enforce ment of the terms of an occupancy permit for Automated Building Components. • Heard a report from VandeVegte that an inquiry came from Merrill Lynch Realty for the Bayshore condominium property. DNR says groundwater levels arc rebounding; still below average ( *^urvey finds Minnetonkans affi'^ent, ,«rell-educated and happy wiL dty The impact of last summer’s severe drought on Minnesota’s groundwater levels is still evident, although some recovery has taken place, according to the Minnesota Department of Natural Resources (DNR). The drought of 1988 limited the normal recharge of groundwater levels in mos t of Minnesota, according to Ron Nargang, director of the DNR Division of Waters. At the same time, droug!;t conditions led to an increased use of groundwater for The most recent reading of water levels on Lake Minnetonka was taken July 17 when the lake stood at 926.44 feet above sea leveL That compares with a reading of 926.90 feet on July 18, 1988. It does not reflect rainfall this past Monday evening and Tuesday, measuring one to two Inches in the west-suburban area. drought-related demands, such as irriga tion, air conditioning and lawn watering. Last summer’s water levels in glacial sand and gravel aquifers were near or below 1976 drought lows, said Nargang. The lowest levels were recorded in east- central Minnesota, from Morrison Coun ty to just south of the Twin Cities. Groundwater levels in 1988 reached all- time lows for periods of record in bed rock aquifers underlying the Twin Cities, which is the primary p- mping center of the state. Despite the low groundwater levels last summer, Nargang said adequate vol umes of water remained in most aqui fers. Presently, groundwater levels are showing varying degrees of recovery due to more adequate precipitation and re duced pumping of water from the aqui fers. In general, however, the rains of this spring and last fall have not yet reached the deeper water-bearing areas. Groundwater levels in bedrock aq fees beneath the Twin Cities have bounded since last summer’s lows, cording to Nargang. but are still well low average. Groundwater levels for heaviest used aquifer in the Twin Cit area, the Prairie du Chien-Jordan ac fer, are 15 feet below average in St P and three feet below average in Min apolis. In the deeper ML Simon-Hin ley aquifer, groundwater levels are proximately 30 feet below average in Paul and 40 feet below average in Mi eape’-'. Gr. idwater level recovery has b most significant in the southwestern | of the state, where glacial drift aquiJ have risen as much as four feet from summer’s lows. In central Minnesota, which was area most affected by last year's drou water table levels have recovered on three feet In north-central and northeast Mil sota, which were'least affected by 1988 drought, levels are near averag< In has taken almost three year below normal precipitation to resu the present groundwater levels. DNR estimates it will require tw< three years of normal to above ave precipitation to restore water leve'. their pre-drought levels. For most water users, the Ic groundwater levels will have little pact on supply, although pumping water from greater depths uses mon ergy. Adequately constructed well still have ample water available, acc ingtotheDNR. In shallow sand and vel aquifers, however, lower water le combined with greater pumping t could lead to a drop in water yield extreme cases, a pump could break tion and the well would need to be ered for p Y to continue. . LAKE MINNETONKA CONSERVATION DISTRICT Action report: *Heetino: Heebers Present: Lake Use Conaittee Monday, July 17, 1989, 4:30 p.n. L.M.C.D. ‘;4lfice, Hayzata Robert Pillsbu^y, Chair, Minnetonka; Bert Foster, Deephaven; Janes Grathnol, Excelsior; Ton Reese, Mound; JoEllen Hurr, Orono; Douglas Babcock, Spring Park; Marvin Bjorlin. Tonka Bay. Alv'j present: Sgt. Hn. Chandler, SheriTT's Hater Patrol; Howard Tripp, Bass Federation; Eugene Stronnen, Executive Director. The neeting wa'* called to ut der by Chair Pillsbury at 4:35 p.n. 1. Minnehaha Creek Watershed District - Meno to Hennepin County re dredging channel depths. The Connittee received a copy of a letter fron the hCWO to Denis Bailey, Hennepin County, noting inconsistent dredging depths in the channels with the suggestion that the channels be dredged to the sane depth if possible or narked in a consistent nanner. DISCUSSION: Dredge to sanr Depth The depth fluctuates as the wate* goes up and down. To dredge all channels to the sane depth is not po ble because there are sone channels with sewer lines underneath then, a«d other lake characteristics which are not uniforn. Marking the depth could create a liability if the depth is not consistent for its full length of the channel. It was noved by Hurr, seconded by Bjorlin, to gather all available data on the dredging of channels, identifying those with sewer pipes, and examine the depths to which they can be safely dredged. Motion carried unanimously. 2. Personal Watercraft Study development plans Foster submitted an analysis of personal watercraft (PW) covering the problem, an analysis of alternative solutions and a suggested plan for the Lake Use Committee to follow. DISCUSSION: Analysis of Alternative Solutions Chandler did not agree with a "do nothing" approach other than enforcing the 150' rule. He said PMs meet the state definition of a watercraft and are governed by the controls that prohibit careless or heedless operation or are operated in a manner that would endanger someone's life. He noted there have been injuries, some serious. Ban Pws from the Lake recreational item. No one felt this would be a solution as they are a I Do aoaething about the decibel (noise) level This is an item to be discussed Nith the manufacturers. The Committee noted the success achiev.d with snoHmobile manufacturers in the past. Hove the noise anay from shore This is a possibility by requiring distances sufficient to muffle the sound. Publish and distribute PH rules and guidelines Would thorough study and implementation of rules and regulations. follow after a Provide strong Hater Patrol enforcement with impoundment Chandler explained the logistics involved in impoundment and it would be used only in case of a serious violation. Foster’s plan for the Committee to follow called for a discussion at this meeting followed by a scheduled public hearing. Members felt a meeting with interested parUes should be held to get input before scheduling a public hearing. Foster will schedule such a meeting including manufacturers, rental outlets, Lake Minnetonka Homeowners Association, users, inviting Kim Elvrum UNR Hater Safety Coordinator, and other interested parties. Sgt. Chandler offered to participate and will furnish statistics about injuries. 3. Draft of letter re Bass tournaments/bass spawning Strommen submitted a memo reviewing activity to date on preparation of a response to a letter from John S. Dale concerning bass tournaments during the spawning season. It was agreed Tripp will draft a letter to Mr. Dale and Strommen will review it for response to Mr. Dale. 4. Hine/Beer Licenses Strommen reported no negative comments on the wine/beer license applications for A1 & Alma's and Corporate Charters. A written report from the Hennepin County Sheriff is expected for the Br'-d meeting. Reese was excused. 5. Ordinance No. 96 (Fishing Contests and Sper.t^i Events) Ordinance No. 96 expires in February 1990 and Strommen asked whether the Committee would consider restricting fishing contest special events before buoy markers are set in the Lake. It was suggested applicants could be advised by event sponsors that buoy markers are not out, and the contestants thus warned for early season events. It was moved by Hurr, seconded by Grathwol, to recommend to the Board to continue LMCD Ordinance 96 (Providing Procedures for Issuing Fishing Contest Special Events Permits) with a review of the Fishing Contest Policy Guidelines adopted by resolution of the Board. Motion carried unanimously. , 6. Nater Patrol Report Chandler reported two fatalities, one a boating accident and the second a droNning. They have issued 35 6UIs and there have been a large nunber of boat break-ins at docks in the Mound area, typical of juveniles. Decibel checks on certain watercraft have resulted in citations. Soae have simply paid the fine and not fixed their boat due to the cost of modification. KSTP-TV Channel 5 "Good Company" will have a program on boating safety and on the need harvesting. 7. Other Business S^roafflen reported a lakeshore owner has complained that some private contractors are not picking up all the weeds they cut. Chandler said the Water Patrol can check if they know when contractors are cutting. Possible changes to the Code dealing with Deicing Equipment, Section 2.09, was proposed by Strommen in response to discussions held on the subject at the close of the 1908-09 deicing season. Foster concurred this should be a priority, particularly as it relates to how jncing is installed and maintained around open water and during the early freering days when fencing is being installed at the same time deicing equipment is in operation. Foster also believes expanding deicing to all permanent docks as a result of new installations should be considered. It was the committee's consensus that a public hearing in August would be important. The Committee thanked the Hater Patrol for their arrangements and assistance at the dedication of the harvester today. Hurr moved, Bjorlin seconded, that the meeting carried unanimously. Meeting adjourned at 5:30 p.m. be adjourned.Motion For the Committee Eugene Strommen, Executive Director Robert Pillsbury, Chair LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS A G E H D A Regular Meeting, 7i30 p.m., Wednesday, July Tonka Bay City Hall 4901 Manitou Road (County Road 19) 1. Call to Order 2. IU>11 Call 3. Risading of Minutest approval of 6/28/89 meeting minutes 4. Public CoMents - from persons in attendance not on agenda 5. Reports A. Chair Hurr 1) Procedural review for selecting legal service in response to RFPs submitted through July 20 . , i 2) Confirmation of Board attendance at August 5 Public Officials meeting 3) Additional nnnouncements B. Financial Reports, Treasurer Le%enan 1) Financial Condition through 6/30/89 2) Audit of vouchers for payment C. Standing Comsittees 1) WATER STSDCTURES, Chair Cochran a) Approval of 7/8/89 minutes . j j t, b) Cardinal Cove Beach Association approval of recommended dock license for 5 BSUs (public hearing report enclosed) c) Rosenblum/Ulrich variance Order approval as recommended (please bring committee-provided copy) d) Upper Minnetonka Yacht Club/RDP Partners Order approval as recom mended with minor changes (please bring committee-provided copy; Eagle Bluff Association approval of 1988 and 1989 dock licenses Wayzata Yacht Club: approval of temporary beach storage of cata- marans July 21 - 23 on the Wayzata Yacht Club island, as recommended Alban's Bay Marina: Order for denial of Special Density Permit and new dock license applications Approval of 1989 dock license renewal applications for Howard's Point Marina, South Upper Lake (Shorewood) Hary T. Kreslins, St. Alban's Bay (Greenwood) Upper Minnetonka Yacht Club, South Upper Lake (Shorewood) e) f) g) St (over) .nr T*-* Board Agenda LAKE MINNETONKA CONSERVATION DISTRICT 2 July 26, 1989 5. C. 2) EURASIAH WATER MILFOIL TASK FORCE, Chair Reese a) Equipment status and payment recommendation on first harvester, shore conveyor and associated equipment • ' ‘ b) Recommendation to draft an ordinance which would prohibit Intro** duclng Eurasian water milfoil or any other noxious weed Into .. Lake Minnetonka, and prohibit carrying a noxious weed from the " water except to approved facilities ' c) Recommendation to support the Lake Waconla Association request for legislation that would be a state-wide law regarding prohi bition of transporting any kind of aquatic plant d) Promotional tle-ln with Schmidt Brewery "Weed Buster" T-shirt, as aid to ongoing fundraising awareness building e) Promotional video explorations to record the year's weed harves ting program 5. C. 3) LAKE USE COMMITTKR, Chair Plllsbury a) Approval of 7/17/89 minutes b) Accepting Sheriff's reports and approval of wlne/beer licenses for A1 & Alma's and for Corporate Charters c) Recommendation to continue Ordinance 96 providing procedures for Issuing fishing contest Special Event Permits d) Water Patrol report e) Other business (1) Recommendation for public hearing on possible Code amendment for deicing, regarding fencing and eligibility to deice (2) Other 5. C. 4) ADVISORY COMMITTEE, Chair Reese, Consultant Arndorfer a) Progress repor** b) Meeting schedule forecast - subcommittees 5. C. 5) EXECUTIVE DIRECTOR'S REPORT 6. Unfinished Business 7* Rev Business 8. AdJoumsMnt 7-20-89 LAKE MINNETONKA CONSERVATION DISTRICT Action RBpnrf. o^i Keeting: Present! WATER STRUCTURES Water Structures t Environwent Cowmittee Saturday, July 0, 1989 7s30 a.n. LMCD Office, Wayzata David Cochran, Chair, Greenwood; Marvin Bjorlin, Tonka Bay; Robert Pillsbury, Minnetonka; John Lewman, Minnetrista; Robert Slocun, Woodland. The following arrive during the meeting as noted: Rpbirt Roscop, Shorewood; JoEllen Hurr, Orono; James Grathwol, Excelsior; Tom Martinson, Wayzata. Also presents Eugene Strommen, Executive Director. 1.Public Hearing Report. Cardinal Cove Beach Assbciation, New Dock License, Halsted's Bay. The Committee received the ’■eport of the Public Hearing held on June 20, 1909 to consider the Cardinal Cove Beach Association request ^or a new dock license for five boat strrage units (BSU's) for three families at the Association-owned outlot- 2. DISCUSSION: The outlot was platted to serve three off-shore lots and has been in existence for many years. The request for approval came from the City of Minnetrista. There were no objections to the request at the Public Hearing. Pillsbury moved, Lewraan seconded, to recommend to the Board approval of a New Dock License for the Cardinal Cove Beach Association, permitting five BSU's for three off-shore families on Outlot 7 Block 2, Cardinal Cove. Motion carried unanimously. Rosenblum-Ulrich Findings The Committee received the Findings of the Public Hearing of 2/22/89, to construct a dock ove- wetlands on Carsons Bay, including the Order describing the conditions for the dock installation. The Order approves a length variance for the property at 19610 Ccttagewood Road, Deephaven, to construct a dock extending no more than 135 feat from the shoreline at elevation 929.4, NGVD, subject to the following conditions: 1. Installation and removal by non-mechanical means. 2. Dock must meet side setback limitations of LMCD Cede. 3. Dock to be constructed as shown on attachment with Order. Lewman moved, Pillsbury seconded, recommendation to the Board for acceptance of the Findings and Order regarding application of Rosenblum and Uirich. Motion carried unanimously. Hater Structures and Environment Committee - July 0, 1 Rascop arrived. 3. Upper Minnetonka Yacht Club/RDP Partners Findings and Order The Committee received Findings and Order with changes proposed by the applicant to meet certain stipulations of the Cit Spring Park and amend minor differences. The Public Hearing Has held on 12/17/88 and subsequently the application Has amended to meet LMCO Code nhich does not alloH a connection betneen entitlement to slip space and an interest in real estate. The Order reflects such changes. Lenman moved, Pillsbury seconded, recommen'^ation to the Eoard for acceptance of Upper Minnetonka Yacht Club/ROP Findings and Order nith changes and ani[.nd minor differences. Motion carried unan!mously. Hurr and Grathnol arrived. 4. Eagle Bluff Association **NeH Dock Li :cnse Committee received an application from Eagle Bluff Association (Minnetrista) for 6 BSU's, back licensing for 1988 for the same, the Association having last renened for a multiple dock license in 1986. It Has noted the 1986 ’'cense called for 5 BSU's but there is enough space for the 6 requested. Hurr moved, Bjorlin seconded, recommendation for approval of back-licensing for 1987 and 1988 if the docks Here in place, otherwise a new application Hill be required. Motion carried unanimously. Martinson arrived. S. Report * Discussion nith Minnehaha Creek Watershed District Cochran reported on the discussion with Minnehaha Creek Watershed District (MCWD) representatlves Spensley, Love, and Mahady with Hurr, Cochran and Strommen representing the LHCD. Working Relations - The MCWD requires only ten days notice before their Board meeting for agenda consideration. This timing is too short for LMCD revie*^ ind c .isideration at a meeting. Ins not t was c determk star ed not)fyin^ the LMCD. of Dredging Permits - They are considering hiring an inspector, ly an engineer. The possibility of jointly hiring an inspector '. MCWD does not :harqe for permits and have a system of 3t.t3 if excessive costs are incurred. They have recently ing the dredging operators. They do not have a system of .ghbors when a permit has been issued, a matter of concern to Hater Structures 6 Environment Committee - July 0,1?8'J Liaison - Moody Love of the MCWO agreed to be liaison to the LHCU. Cochran is reciprocating on the part of the LMCD to the hCWD. Cochran Hill maf:e advance revieus of HCHO's engineering reports on agenda items relating to Lake Minnetonka and make recommendations to the e.'^ecutive director. Libb's Lake- Pillsbury asked about the dredging in Libbs Lake, an cn-going problem resulting in spoil storage improperly used, and Judgment, as fill. in his Hurr moved, Slocum seconded, that Cochran, Pillsbury and Strommen to work up a report on the Libb's Lake dredging for Boardaction at the July meeting. Motion carried unanimously. Conclusion To summarize, Cochran stated the discussion was beneficial and • opened up lines of communication. The problem of timing of HCMD jgcnda of items concerning Lake Minnetonka was nul resolved. 6. Additional Business A. Hayzata Yacht Club - Temporary Storage Slocum reported that as part of the Minneapolis Aquatennial activities the WYC would like permission to store up to fourteen catam-arjns on the beach on their island east of tfie Hayzata City access on July 21, 22 and 23. The activity is a registered special event through the aquatennial. It was moved by Rascop, seconded by Bjorlin, to recommend temporary beach storage of catamarans July 21 - 23, 1989 nn the Hayzata Yacht Club island. Motion carried unanimously. B. Hayzata Yacht Club/City of Hayzata Th City of Hayzata has verbally responded that the Hayzata Yacht Club has mr their stipulations regarding removal of dredging spoil and the location 0 1 mwke ready dock. Slocum al^o reported that Hennepin County supplied cl.. marking buoys and the HYC has installed them. Hurr moved, Rascop seconded, a recommendation to the Board that the Havzata Yacht Club has met the stipulations asked by the City of Hayzata prior to granting the HYC dock license renewa^. Motion carried unanimously. C. St. Alban's Bay Marina The Coi.f'ii ttee was advised by the executive director the Findings of Fact and Order of Denial of the request for a Special Density Permit and new dock license by the St. Alban's Bay Marins and Yacht Club has not been prepared, except for the memorandum. The applicant had expressed a willingness to consider a change of dock alignment but does not want to go to the expense of preparing a revised dock plan without agreement by the Greenwood City Council. It appears the City Council has opted to take no initiative to invite consideration of a revised dock plan. The applicant has declined to further approach the City for consideration. Water Structures & Environment Committee - July 8, 1989 6rathMol recommended that the applicant formally request a delay in preparing the Order so he may prepare a compromise plan acceptable to the Greenwood City Councili if that is his intention. Grathwol movedf Cochran seconded, that the e::ecutive director contact Gerald Toberman requesting that he submit a written appeal for a delay of the denial Findings and Order to keep the door open for a revised plan. If such letter is not submitted by July 14, the Findings and Order is to be prepared for the July Board meeting. Motion carried unanimously. Hurr offered to serve as liaison for the LHCD between the applicant and City of Greenwood if a compromise plan is submitted. ENVIRONMENT Eurasian Hater Milfoil Task Force The executive director reported the first machine has been shipped and will arrive to be unloaded at the Minnetonka Boat Works - Orono , either July 10 or 11. Dedication is scheduled for Monday, July 17 , 8:30 a.m., at Spring Park public access. Strommen exhibited a computerized map of the Lake, gridded to 1/64 of a square mile. It will be used to identify the areas of the Lake being harvested. Request from Lake Naconia Association The Committee received a request from the Lake Haconia Assn, asking for state legislation support making it illegal to transport aquatic plants or fragments on equipment before entering and after leaving the water, as well as further prohibition for the intentional or malicious introduction of any aquatic plant or fragment into any Minnesota body of water, river or stream without DNR written approval. Discussion centered on the immediate LMCO charge to take care of Lake Minne tonka although other concerns can be supported. Rascop moved, Hurr seconded, to recommend to the Board drafting of an ordinance which would prohibit introducing Eurasian Water Milfoil or other noxious weeds into Lake Minnetonka and prohibit carrying them from the water except to approved facilities. Additions to the current signs reflecting such a code provision would be necessary. Motion carried unanimously. Hurr moved, Rascop seconded, recommending to the Board support le Lake Haconia Assn, requr.st for legislation that would be a stace wide law regarding the transporting of any kind of aquatic plant. Mocion carried unanimously. Strommen distributed the minutes of the June 28 Board meeting and invitations to the Saturday, August 5 Public Officials lake tour and lunch. He announced the Freshwater Foundation has received Schmidt Brewing Company pledge to raise some 173,000 for research of Eurasian Water Milfoil. Hater Structures It Environeent Committee - July B,19B9 He is also making a presentation today at a Freshwater Foundation seminar describing LMCD's initiatives in the weed control program. There Leing no further businesst the meeting adjourned at 9 a.m. For the Committee Eugene R. Strommen, Executive Director David Cochran, Chair --- —;FOXFYRE ESTATES Ihtrtli 33& re«*t ttt tikr t«il klM f»«ft «r the INif i t|v«<’|e«' of tM S»«ili«vvi «t VeitiM 31. 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