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HomeMy WebLinkAbout04-11-1988 - Agenda Packet City Council - regular meetingAGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 11, 1988, 7:09 P.M. (*) Asterisk items are considered to be routine items to be ena 1 iipon by one motion by the City Council under the Consent Item* on she agenda, Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ,. ��+�I11N�IL MEETING hOLL CALL 1. CONSENT Ac; :raDA* AFR 1119�: 2. Resolution of Appreciation - Paul Taylor `s- 1 of OROW1 APPROVAL OF MINUTES * 3. Regular Meeting of March 28, 1988 PLANNING COMMISSION COMMENTS - Jeffrey Johnson Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 4. 11201 M. Hilbelink/J. Vogt, 320 Old Crystal Ba7 Road - Final Subdivision - Resolution 5. f1201 M. Hilbelink/J. Vogt - Road Name Request 6. #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit - Resolution * 7. 11213 Rollin Lacy, 2655 North Shore Drive - Amendment to Resolution 1 8. #1258 1oLn Ehlert, 1785 Concordia Street - Variance * 9. #1253 B. John Lindahl, 1406 Bohn Point Road - Variance - Request for Revision Based on Incorrect Site Plan )GAZER'S P6!PORT 0. Woodhill Road Plans and Specs- Resoluti,.)n MAYOR'S REPORT 11. West Hennepin Human services Report CITY ADMINISTRATOR'S REPORT 12. Mobile Peddlers 13. Driveway Easement - Pheasant Road 14. Todd Waters Storm Sewer Construction 15. City Facilities Study 16. Siren Installation - Minnetonka Beach 17. Lake Minnetonka Lake Level 18. Options Regarding Land Use Reviews 19. 1987 Police Activity Report *20. Ordinance Amendment - Dangerous Weapons and Articles *21. Board of Review - Wednesday, April 27, 198P *22. Schlee Builders - Settlement of Assessment *23. Water Rate Revision - Long Lake - Ordinance Amendment *24. Metro Waste - Engineering Service *25. Temporary Employment - Golf Course *26. AdiitionAl uepository - Resolution *27. Termin-*ion of Probationary Status •eR, Alministrator's Goal Setting AGENDA FOR COUNCIL MEETING SET FOR MOKIAY, APRIL 11, 1988, 7:99 P.M. CITY ADMINISTRATOR'S REPORT Continued *29. Administrator's Information LMCD/Metro Council Review County Road 116 Willow/Highway 12 Warning Flasher Marina Licensing County Road 15 Construction City/School Intervention Planning Commission Interviews Comprehensive Plan Amendment Goal Setting CITY ATTORNEY'S REPORT LICENSES (39*) BILLS (31*) ADJOURNMENT City of ORONO RESOLUTION OF THE CITY COUNCfL°�"CIL MEEt'ING NO. _ C 1'.PR 1119r. A RESOLUTION OF RECOGNITION OF PAUI. A. TAYLOk -1 t , OF n� OR^ VOLUNTEER SERVICE ON THE CITY OF ORONO'S PARR AND PLANNING COMlrlT 'SIONS WHEREAS, Paul A. Taylor a,-. red on the City's Park Commission from January 5, 1983 to January 28, 1985; and WHEREAS, Paul A. Taylor served on the City's Planning Commission from January 28, 1985 to February 29, 1988; and WHEREAS, the quality of the community is very dependant on the City's excellence in its planning for existing and future parks and land use management; and WHEREAS, the City's Park and Planning Commissions are an integral part of the communities excellent park system and land use management; and WHEREAS, Paul A. Taylor in his service to the community on the Planning Commission served a term as Vice Chairman and did excellent work and exhibited his dedication and knowledge in application of codes to various applications; and WHEREAS, the City of Orono likes to take the opportunity to recoanize individuals for su,:h loyalty and dedication. NOW, THEREFORE BE IT RESOLVED, that the City of Orono gives this resol_tion of appreciation to Paul A. Taylor in honor of his many years of service to the Park and Planning Commissions of the City of Orono; and BE IT FURTHER RESOLVED, that this token of gratitude is given to Paul A. Taylor by the Council on behalf of all the citizens of this community. f:dopted by the City Council of the City of Orono at a regular meeting held April llth, 1988. ATTEST: Dorothy M. Ha llin, C; ty Clerk James R. Grahek, Mayor MINUTES OF THE REGULAR ORONO COUNCII. MEETING HELD MARC�� U ll to88 ATTENDANCE 7 :00 P.M. y lr' nF ngyut, The Council met on the above date wit t e`irinq members present: Acting Mayor Callahan, Councilmembers Peterson, Sime, and Goetten. Mayor Grabek was absent. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were also present. CONS',aIT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following items: M3 - Approval of Minutes - requested by Councilmember Goetten #15 - Feasibility Study - requested by Councilmember Peterson #22 - City/School Intervention Agreements - requested by Councilmember Peterson Motion, Ayes 4, Nays 0. C.D.B.G. YEAR XIV PROPOSED FUNDING PUBLIC HE)L,ING 7:03-7:07 RESOLUTION f2385 The Affidavit of Publication was noted. City Administrator Bernhardson explained that the City of Orono will receive $23,053 of `�ommurity Development Block Grant Funds which will be available in August 1988. Staff recommends the following project allocations: $14,553 - Hwy. 1.2 Corridor Study $ 7,500 - Rehabilitation of Private Property $ 1,000 - Wec.tonka Intervention Valerie Hessberg, Director of Westonka Intervention, was present and explained the purpose of the project which is to aid families in getting help from their own community. She stated that Mound and Minnetrista are contributing in this vroject. There were no other comments from the public and the public hearing was closed. It was moved by Counci lmember Sime, seconded by Acting Mayor Cal lahan, to adopt Resolution 423H5 to al locate $14,553 to the Hwy. 12 Corridor Study, $7,500 to Rehabilitation of Pri'ite Property, and $1,000 to Westonka Intervention from Year X I V Community Development Block Grant Funds. Motion, Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 APPROVAL OF MINUTES Councilmember Goetten requested a slight amendment to her comments regarding the legislative activity of the Hennepin County Park Board (Additional Information - page 9). PUBLIC COMMENTS It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the March 14, 1988 Council meeting as amended. Motion, Ay( 4, Nays 0. There were no comments from the public. PLANNING COMMISSION COMMENTS Planning Commissioner Ed Drown was present. ZONING ADMINIS^'RATOR'S REPORT: #1223 JOHN B. WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT/VARIANCE John Waldron was present for this matter. City Administrator Bernhardson reviewed the original proposal which was denied by Planning Commission and Council. The revised proposal consists of a 3' deep cut extending to the foundation wall of the existii,q residence requiring a variance and conditional use permit to allow this work within the 0-75' lakeshore setback zone. In addition, variances are requested tu allow a deck structure resulting in 1.41 % increase in hardcover in the 0-75' lakeshore setback zone. Planning Commission recommended denial of the of the 3' cut; and approval of variances to allow deck within the 0- 75' lakeshore and average lakeshore setback zone subject to no additional hardcover in the 0-75' zone (requiring removal of an equal amount of existing 0-75' hardcover). Assistant Zoning Administrator Gaffron explained nine alternatives to restoring the lakeshore bank. Based on the rc lative values and aesthetic impacts of the nine alteratives, staff recommends Optio;, E, which consists of a partial retaining wall system, for restoring the lakeshore bank. Mr. Waldron felt that based on visual impact his proposed 3' cut would be less obtrusive than a r.etaininq wall. He stated that the 3' cut was a compromise from the original. plan. K MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1223 WALDRON CONTINUED Councilmember Goetten felt that there were conflicting expert opinions given regarding the proposal and asked how other storm damage properties were allowed to restore their lakeshore banks. Zoning Administrator Mabusth and City Engineer Cook explained that with 1:1 & 2:1 slopes retaining walls were allowed, and in f^wer cases cribbing, stabilization fabric, and stone walls were allowed. Councilmember Goetten asked City Engineer Cook his opinion regarding staffs recommended Option E versus applicants proposal. City Engineer Cook felt tha'. Option E would have a little bit more structural integrity than applicants proposal, but not a significant difference. Councilmember Sime felt a 3' cut would visually not be good, would set a preced it, and is not necessary to restore the lakeshore bank. He recommended that the lakeshore bank be restored as close as possible to i'.s original state. Regarding the variances for the deck, he agreed with Planning Commissions recommendat.4on. Councilmember Peterson requested clarification regarding the discussion by the Plan.iinq Commission regarding a 3' cut along the entire width of the property. Planning Commissioner Drown stated it was basically mentioned for aesthetic reasons but did not receive the consensus of the Planning Commission. City Engineer Cook's opinion on this suggestion is that it would also help reduce future soil. erosion by removing some of the overburdening soils. Regarding the issue of plantings on the bank, City Engineer Cook stated plantings were basically needed to to screen the visual impact of a retaining wall. Acting Mayor Callahan also felt that the 3' cut was not necessary for the purpose of bank stabilization. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1223 WALDRON CONTINUED Councilmember Goetten felt that there were conflicting expert opinions given regarding the proposal and asked how other storm damage properties were allowed to restore their lakeshore banks. Zoning Administrator Mabusth and City Engineer Cook explained that with 1:1 & 2:1 slopes retaining walls were allowed, and in f^wer cases cribbing, stabilization fabric, and stone walls were allowed. Councilmember Goetten asked City Engineer Cook his opinion regarding staffs recommended Option E versus applicants proposal. City Engineer Cook felt tha'. Option E would have a little bit more structural integrity than applicants proposal, but not a significant difference. Councilmember Sime felt a 3' cut would visually not be good, would set a preced it, and is not necessary to restore the lakeshore bank. He recommended that the lakeshore bank be restored as close as possible to i'.s original state. Regarding the variances for the deck, he agreed with Planning Commissions recommendat.4on. Councilmember Peterson requested clarification regarding the discussion by the Plan.iinq Commission regarding a 3' cut along the entire width of the property. Planning Commissioner Drown stated it was basically mentioned for aesthetic reasons but did not receive the consensus of the Planning Commission. City Engineer Cook's opinion on this suggestion is that it would also help reduce future soil. erosion by removing some of the overburdening soils. Regarding the issue of plantings on the bank, City Engineer Cook stated plantings were basically needed to to screen the visual impact of a retaining wall. Acting Mayor Callahan also felt that the 3' cut was not necessary for the purpose of bank stabilization. I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 38, 1988 #1223 WALDRON CONTINUED Mr. Waldron stated that according to the Hennepin Conservation District (H(--)) report , retaining walls do not solve slope problems. tie noted that based on the table of quantatative factors, his proposal is equal to staff's recommended Option E. He stated that the options to restore the lakeshore bank that are preferred by staff would be too costly for hlm. Therefore, he felt he had three alternatives: 1) getting approval of the 3' cut proposal; 2 ) leave the lakeshore bank as is; or 3) legal action with the City. He noted that alternative 2 & 3 are not preferable to him. He noted another compromise would be to allow a 29" rather than a 3' cut, based on the fact that the kagatz property is 29" lower than his property. Councilmember Goetten stated that although she would like the lakeshore bank to be restored as soon as possible, she is not in favor of the 3' cut but would hp in favor of a retaining wall. Regarding the HCD report previously mentioned, City Administrator Bernhardson noted the following statement regarding sl ape restoration in the report which would support staff's recommendation: "Where possible, eroded areas should be regraded to slopes no gr— ter than 1 on 2 (50% grade). This can be achieved .y extending the regraded slope at the toe, cutting the slope back at the crest, or constructing a retaining wall at the top of the slope. Retaining walls can be used to shorten the regraded slope. The retaining wall should be placed at the top of the slope an-1 not exceed five feet in height." It was moved by Act.i. 1 Mayor Callahan, seconded by Councilmember Sime, to deny the proposed lakeshore bank cut; and approve option E for restoring the lakeshore bank. Motion, Ayes 4, Nays 0. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to approve the variance for the average lakeshore setback for the deck and approval of the additional deck hardcover sub;ect to removal of an equal amount of existing 0-75' hardcover resulting in no hardcover increase, per Planning Commission's recommendation. Motion, Ayes 4, Nays 0. Acting Mayor Callahan noted the other issue to address regarding the approval or denial to allow the existing method of piping roof drainage directly to the lakeshor- bank. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 11223 WALDRON CONTINUED Mr. Waldron explained that he extended a solid pipe from the outlet of his rain gutters to the edge of the lakeshore bank in order to remove the roof run-off from his yard area and avoid a recurrence or the major erosion caused by saturation of the soil at the top of the bank, which was recommended to be done as an emergency measure of er the storm by the HCD. Councilmember Sime felt that this action was justified in this emergency situation. Assistant Zoning Administrator Gaffron explained staff's recommendation that the d► in tiles directing roof run- off past the lawn to the junk be allowed to remain in place finding that the impact of roof run-off on a short yard area becoming saturating and causing the bank to slump is equal to the degradation of lake quality by roof run-off going directly to a pipe to the lake. It was moved by Councilmember Sime, to allow the pipe to remain per staff recommendation. Motion failed for lack of a second. T'_ was moves'_ by Acting Mayor Callahan, seconded by Councilmember Goetten, to deny the allowing the drain pipe to remain and require to to be removed. Motion, yes 3, Nays 1. Councilmember Sime voted nay. Motion carried. Mr. Waldon was advised to work with staff to come up with other options to sole- the roof run-off problem. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to table Application #1223 pending adoption of a formal resolution to be crafted by staff. Motion, Ayes 4, Neys 0. #1244 DALE C. PALM 1710 SHADYWOOD ROAD VARIANCE RESOLUTION It was moved by Councilmember Sime, seconded by Councilmember Peterson, to tat'e this matter until the April 25, 1988 Council meeting per applicants request. Motion, Ayes 4, Nays 0. MINUTES OF TL'E REGULAR ORO' COUNCIL MEETING HELD M11RCH 28, 1968 f1247 ROBERT POSTHU14US BIG ISLAND - RECORD LOT #40 VARIANCES/CONDITIONAI. USE P%RMIT RESOLUTION 12386 Robert i'osthumus was present for this matter. City Administrator Bernhardson explained the request for construction of a seasonal lake home on Big Island. The request involves a side setback variance in order to accomodate the septic site location; and variance and conditional use permit to construct a well within 75' of the lakeshore. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to adopt Resolution #2386 approving the request per staff recommendation. Mot.,n; Ayes 4, Nays 0. #1148 THOMAS WILLIAMS 4127 OAR STREET RENEWAL VARIANCES RKSOI.►,TION 12387 Thomas Williams was present for this mattes. City Administrator Bernhardson explained the request for a lot area and lot width variance which were previously mpp,�vcu in 1969 and 1979. He noted that there is a parcel that : s separated from the main lot area that cannnot be credited to the lot area and it miqht be appropriate to do a special lot combination. The other issue is tlidt the property is served by a di iveway located within an unimproved public right-of-way. Mr. & Mrs. Chuck Hommeyer, 4125 Oak Street, were present and had no objection to the proposal as presented. It was moved by Councilmember Sim-, seconded by Councilmember Goetten, to adopt Resolution #2387 approving the lot area and lot width variances. Councilmember Goetten asked at what point does the ,'ity stait taking responsibility for the street? City Attorney Barr^tt stated that there was no fixed time to which the City must change the current process of maintaining the street. City Administrator Bernhardson explained that staff has not yet developed criteria to determine the point at which a private road must become a publi;: road. Usually this issue is addresscrI during a proposed subdivision. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1998 #1248 WILLIAMS CONTINUED Councilmember Goetten felt that at some point in time the City '--.ould do something abokit these streets. # 12 5 0 DANA WELLS 1397 ORONO LANE VARIANCE RESOLUTION #2388 Acting Mayor Callahan agreed with Councilmember Goetten, and because of this issue felt that condition #4 in the drafted resolution pertaining to the access to the site should be omitted. Counc.lmembers Sime and Goetten amended their motion to omit condition #4 from the resolution. Motion, Ayes 4, Nays 0. Dana wells was present for this matter. City Administrator Bernhardson explained the request for a side setback variance to construct a garage adtlit.ion. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2388 approving the variance per staff recommendation. Motion, Ayes 4, Nays 0. #1251 AUDREY SCHULTZ PARTIAL. VACATION OF FOREST BOULEVARD RESOLUTIONS #2389 - #2397 Audrey Schultz was present for this matter. City Administrator Ber.u:ardson explained the request for a partial vacation or Forest Boulevard, the remainder of Vine Place and portion cf a park, Saga Hill Revised, plat. lie noted that all property owners within 350' of the subject properties we-e notified of the application. A number of affected property owners refused to join in the application, hence the proper legal notice has been given only for t►,e proposed portion, therefore, a total vacation of Forest Blvd. is not possible at this time. City Administrator Beinhardson (-cplained the issue of access to the Nelson property and the need for an easement agreement from 3 other property owners before a total vacation of Forest Blvd. could be done. He also x noted an error on the plat- map that shows a portion of the park as unva(.-ated where in fact it is actually vacated. i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1251 SCHULTZ CON:!'INUED Ms. Schultz noted that the main reason many property owners did not join in the application was their objection to paying for a survey. Zoning Administrator Mabusth stated that staff is going to be working with the other property owners toward a total vacation and at this point individual F-rveys of the properties are not necessary, but there w " 1 1 be a cost to the property owners involving the legal descriptions. The reason for the survey requirement for the Schultz's application was to establish the ordinary high water mark along Forest Blvd. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to adopt the Resolutions #2389 to #2397 vaca+-ing an unused portion of Forest Boulevard, an unused portion of Vine Place and a portion of a park, within the Plat of Saga Hill Revised, as proposed. And further give-otification to affected residents of the intent to vacate the r,2maining portions of Forest Boulevard. Motion, Ayes 4, Nays 0. #1253 B. JOHN LINDAHL, JR. 1406 BOHNS POINT ROAD VARIANCE RESOLUTION f2.398 B. John Lindahl, Jr. was present for this matter. C ty Administrator Bernhardson explained the request to glace an existing accessory shed and detached garage with a single detached garage with an attic area providing much needed storaqe. Hardcover is not an issue. Zoning Administrator Mabusth noted that there will be major regrading to correct the severe grade of the driveway entrance. She also noted that applicant will be granting a road and utility easement to the City over the traveled portion of the roadway known as Bohns Point Road that intersects the subject property. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolicion #2398 as submitted. Motion, Ayes 4, Nays 0. R MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 11257 CATHERINE A. CRAM 3760 WATERTOWN ROAD PRELIMINARY SUBDIVISION aePROVAL RESOLUTION /2399 City Administrator Bernhardson explained the request to subdivide a 72 acre parcel into three lots. Zoning Administrator Mabusth reviewed st.aff's recommended conditions. Catherine Cram was present for this matter and was agreeable to these conditions. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to adopt Resolution #2399 granting approval of the preliminary subdivision per staff recommendation. Motion, Ayes 4, Nays 0. #1213 ROLLIE LACY 2655 NORTH SHORE DRIVE AMENDMENT OF ORIGINAL HARDCOVER APPROVAL Rollie Lacy was present for this matter. City Administrator Bernhardson explained the request to keep a shed scheduled for removal in exchanged for not installing structural decking within the 'I`-250' setback area, which wi11 result in an overall reduction of .4% hardcover. Planning Commission found no problem with this exchange. City Attorney Barrett recommended this be done by formal resolution. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the request and direct staff to draft an amended resolution for formal adoption. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: GEO TEXTILE FABRICS City Engineer Cook presented information and samples of geo textiles fabrics for the Council. Staff recommended the use of geo textile fabrics versus the use of weed killers. It was also noted that if the fabric was installed properly it could be considered as non -hardcover, however the enforcement of maintaining the proper installation may create problems. It was moved by Acting Mayor Callahan; seconded by Councilmember Peterson, to table this matter at this t ime. Motion, Ayes 3, Nays 1. Counci lmerber Goetten voted nay noting she was in favor of staffs Firc-posed motion. Motion carried. r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 STORM SEWER - HIGHWOOD ROAD City Administrator Bernhardson introduced the feasibility study that was done in response to a petition by ilighwood Tesidents requesting a solution to a storm water ponding problem. Within the feasibility report are two alternatives for storm water piping and a third alternative Lo redo the road to redirect the drainage down the hill int, .4 pipe. City Engineer Cook reviewed the feasibility study. Councilmember Sime felt that Alternative 1 was preferable based on his knowledge of the drainage in the neighborhood. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept the storm sewer feasibility report fcr the Highwood area as presented and designate April 2�; 1988 as thy, public hearing date. Motion, Ayes 4, Nays 0. FEASIBILITY STUDY - BY-PASS LIFT STATION #10 Councilmember Peterson asked why the feasibil.-.ty study is being requested at this point in time whi::h to her seemed after -the -fact? MAYOR'S RZPORTs City Administrator Bernhardson explained that they did not want to spend the money on the study prior to an agreement by the Metro Waste Control Commission to do the project in the manner that would allow the City to install the gravity line which is the subject of this feasibility report. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to direct the City Engineer to perform a feasibility study for a sanitary sewer by-pass of Lift Station #10 for as amount not to exceed $2,500.00. Motion, Ayes 4, Nays 0. There was no report from the Aayor. 10 MINUTRS OF THE. REGULAR ORONO COUNCIL. MEETING HELD MARCH 28, 1988 CITY ADMINISTRATOR'S REPORT: COUNTY ROAD 15 FINANCING/LIGHTING RESOLUTION #2400 City Administrator Bernhardson explained the issue of determining the type of lighting the City would like on County 15, and the means of financing the lighting project. He noted that Mound and Spring Park have decided to go ahead with a decorative lighting project. Councilmember Goetten stated it would be aesthetically pleasing if Orono maintaineu the same lighting continuity from Mound and Spring Park. A resident in the audience asked if the lighting plan was in kee• ing with the City's beautification plan for Navarre a. County 15? City Administrator Bernhardson stated that no actual landscape plan has been done but it is in keeping with what the other communities are planning. City Administrator Bernhardson explained the issues of selecting a design engineer noting the savings if the lighting project were done jointly with Mound and Spring Park. He further explained the issues of financing the lighting project. For purposes of discussion, it was moved by Acting Mayor Callahan, seconded by Councilmember Sime, that. the Council adopt Resolution #2400 and direct staff to make the necessary preparation for City owned lighting project on County 15 and finance the project through special assessment. Acting Mayor Callahan stated he was not entirely satisfied with assessing cnly the property owners along County 15 for a project benefiting the entire City or using money from the general fund. Councilmember Goetten asked if the City would get any credit from the existing poles? Public Works Director Gerhardson stated any credit would be minimal. Motion, Ayes 3, Nays 1. Councilmember Peterson voted nay feeling the need for more input from the public and a different design of lighting. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, to table -he sources of revenue issue to finance this project. Motion, Ayes 4, Nays 0. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 ORONO COMPENSATION PLAN RESOLUTION #2401. i 02402 City Administrator Bernhardson reviewed two changes since Council last considered the plan at their February 22, 1988 Council meeting regarding market condition adjustment and positions above expected performance. Councilmembers Peterson and Goetten stated they now understood the plan. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, that the Council adopt Attachment A as its formal compensation program, and that it further adopt Attachment B including Resolution #2401 to implement the plan and that Council a * ao adopt Attachment C by Resolution #2402 for proration of part- time benefits. Motion, Ayes 4, Nays 0. 1972 SHADYWOOD ROAD City Administrator Bernhardson explained the Jssue of resolving the problem of the large congregation of ducks which is detrimental to other properties. Staff recommends Council h?ar comments and table the issue for further consideration before undertaking further action. Mrs. 6 Mrs. Lloyd Nehring were present for this matter. Mrs. Nehring did not uri-.erstand the basis of pursuing this matter because the few complaints were not from residents within a close proximity to their home. She noted that they were found not guilty and requested that the City drop this issue. Mr. Arthur Finkelstein, 1740 Shadywood Road, stated he has a problem with excessive amounts of waterfowl in the Bay and invading his property which is a health hazard and nuisance. Councilmember Sime voiced his strong opinion that there is a "very real health hazard" associated by the abnormal concentration of ducks and geese. He noted that his wife has suffered because of the life threatening situation. Councilmember Goetten stated that while she is a protector of waterfowl and other wildlife, she does not believe in feeding animals and waterfowl which keep them from their natural environment and migration. It was moved by Acting Mayor Callahan, seconded by Councilmember Goetten, that the Council table this item for further consideration. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 FOREST ARMS PURCHASE AGREEMENT Acting Mayor Callahan explained for the public present the issue of modifying the Forest Arms Purchase agreement to allow for reduction in quarterly payments by the prorated share of any amount of any prepayments. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, that the Council adopt the modification of the proposed agreement for incorporation in the purchase agreement in the Forest Arms Homeowners Association to the City of Orono. Councilmember Peterson stated she requested that this issue be brought back to Council so she may vote to approve the modification at this time. Councilmember Goetten noted her previous concern regarding the prior document and legal costs and agreed that she too is in favor of the proposed modification. A spokesperson of the Forest Arms Homeowners Association stated this was acceptable to them. Motion, Ayes 4, Nays 0. PEDDLERS/:,OLICITORS City Administrator Bernhardson explained the issue regarding a letter from Helen Skaret together with a petition from various Orono business people against peddling in Orono. At the March 14th meeting, Council took no action to amend the current soliciting ordinance. He noted that since that meeting, staff has discovered that the property on which this activity has been conducted is zoned residential. Staff recommends that that this type of activity be conducted on commercially zoned property, however, does not feel the the solicitor/peddler ordinance should further be restricted. Mrs. Helen Skaret was present fo- this matter and stated she felt the policy was unfair to the competition of other businesses. Mr. & Mrs. Al Penke, owners of the "Roses" truck, were present for this matter. Mr. Penke did not feel it was unfair on the basis of free enterprise which is not restricted only to him. He noted that because of the required quarterly solicitors permit, he is scrutinized much more closely than any other businessman in the community. He stated that he rents that property which has had a on -going commercial ice business for many years. 13 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 PEDDLERS/SOLICITORS CONTINUED Paul Larson, owner of the property rented to Mr. Penke, stated he purchased the property based on the income for Mr. Penke and the ice machine and felt this property should be rezoned because of the surrounding commercial property which makes it unrealistic that his property would ever be used as residential p -lerty. Councilmember Goetten felt that the Skaret and Penke operations were two different types of businesses and she did not wish to interfere with free enterprise. Councilmember Sime agreed with Councilmember Goetten. Acting Mayor Callahan felt that this property should be rezoned because it is unlikely *o be use residentially. He also questioned the connection of a solicitors permit to Mr. Penke's type of business. Acting Mayor Callahan recommenced tabling until the next meeting pending a report frorl, staff regarding the possib' rezoning of this proper;.y; and an opinion from the Cis, Attorney regarding the need for a solicitors license for Mr. Penke's bus;_ness versus a regular business license. It was moved by Acting Ma,( tt,A ahan, seconded by Councilmember Sime, to tab r s matter pending additional information. Motion, d.,'•._ 4, Nays 0. CABLE TV - 'CITIES MAGAZINE' City Administrator Bernhardson explaJ,ned the issue of determining the Council's level of interest together with any issues they ma; have as to the City A d m i n i s t r a *. o r b e i n g p a r t o f a C i t y Administrator/Manager-Cities Magazine on the local cable TV channel. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, the Council authorize the Administrator to participate in the Cities Magazine on cable television. Motion, Ayes 4, Nays 0. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 CITY/SCHOOL INTERVENTION AGREEMENTS Councilmember Peterson suggested that the public be made aware of this intervention service by publication in the local newspaper. It was moved by Councilmember Peterson, seconded by Councilmember Goetten, to accept the information "nd extend their thanks to the Police Department for executing agreements with Westonka and Wayzata school districts with the work done by Chief Kilbo in helping the Hennepin County Attorney's office in formulating the model agreement. Motion, Ayes 4, Nays 0. STEP INCREASE - LARRY TOMCHECK* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that Council approve the step increase for Larry Tomcheck effective April 7, 1988 from $12.129 per hour to $13.645 per hour in accordance with the L.E.L.S. bargaining unit labor agreement. Motion, Ayes 4, Nays 0. STEP RATE LONGEVITY - MIKE KIRNYCZUK* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council approves the longevity step increase for Mike Kirnyczuk, effective February 15, 1988, from $15.615 per hour to $15.919 per hour in accordance with the L.E.L.S. bargaining unit labor agreement. Motion, Ayes 4, Nays 0. HISTORICAL BUILDINGS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council accept the information regarding Historical Buildings and the Westonkz, Hennepin Pioneer Museum. Motion, Ayes 4, Nays 0. 1987 SUMMARY OF RECEIPTS, DISBURSEMENTc; AND BALANCES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono City Council accept the 1987 Summary of Receipts, D' bursements and Balances as information only. Motion, Ayes 4, Nays 0. ADMINISTRATOR'S INFORMATION* It wrs moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's information regarding: Facilities Study. Motion, Ayes 4, Nays 0. CITY ATTORNEY'S REPORT: City Attorney Barrett updated the Council on the outcome of the Nehring court case. 15 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28 1988 LICENSES* BILLS* It was moved by Councilmember Sime, sec, ed by Councilmember Peterson, to approve the following licer ;es: ;elicitor's License - Dowden Cablesystems Septic System Installer License - Don's Backhue 6 Excavating Motion, Ayes 4, Nays 0. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 4, Nays 0. ADJOURNMENT 10:28 P.M. It was moved by Councilmember Peterson, seconded by Councilmember Sime, to adjourn the regular Council meeting at 10:28 P.M. Motion, Ayes 4, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Acting Mayor i f, 3- 29 -88 I enjoy wildlife and the out of doors very such, and have spent a large part of my adult life fishing, hunting and camping. The beauty of nature and the excitement of seeing the animals, birds and plants in their natural habitat has been and is still a real thrill for me. The excessive feeding of waterfowl on a regular basis attracts a large number of birds in a very concentrated area. This is not a normal or a healthy situation. Constant feeding, compounded by the maintenance of open water in the winter months, encourages these birds to stay all winter, instead of migrating South. Many neighbors on Crystal Bay have been subjected to the inconvenience caused by the large amount of droppings which are left on their docks and in their yards, and have complained to the City of Orono. They are looking to the City of Orono for help. Our residents have a right to expect the City of Orono to do away with this nuisance so that they can enjoy their property on the lake without the filth created by the abnormal concentration of ducks and geese. Aside from the unsightly appearance and foul smell, there is a very real health hazard which is associated with this problem. As you probably know, a malady called "swimmer's itch" is caused by sites which incubate in the excrement from these waterfowl. This is a very irritating disease. It is also expensive to property owners adjacent to this area as we must pay to have state licensed and approved operators treat the water so that we can use the lake. While this type of problem is not usually fatal, one other aspect of this situation can in fact be life threatening! In February of 1987, my wife had part of her lung removed surgically at the Mayo Clinic. The growth removed from her lung was a residual fungal infection, or, if you will, histoplasmosia. The doctors informed me that this problem could have been caused by spores from the concentrated droppings in our area. Since we live ao close to this large concentration of waterfowl, there is no doubt in my mind the pain and suffering ■y wife went through is directly related to the actions which have attracted these birds. My wife has suffered permanent loss of part of her lung rapacity. She has difficulty breathing, and even after over a year of recuperation is not fully recovered. This council and the city staff are charged with the responsibility )f protecting the health, safety, and welfare of the residents of this community. In 3rder to apace other residents of our community the agony, disfigu;esent, pain and suffering ■y wife has endured, we must use every means at our disposal to eliminate this deadly health hazard. C� llNGit MEETAG APR 111�b,3 WTY OF TO: Mayor Grabek and Council City Administrator Bernhardson FROM: Jeanne Mabusth, Building & Zoning Administrator DATE: April 1, 1988 S08J: #1201 M. Hilbelink/J. Vogt 3200 Crystal Bay Road - Final Subdivision -Resolution The subdividers have fulfilled all conditions of Resolution 2342, approving the preliminary plat. Staff would recommend approval of the final plat subject to the findings and conditions set forth in the enclosed resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF 14EYER DAIRY ADDITION APPLICATION NO. 1201 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a residential subdivision of a plat by John E. Vogt and Michael J. Hilbelink, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the RR-lB zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances except those granted herein; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2343. 2. Dedication of drainage and utility easements on the plat. 3. Dedication on the plat of right of way for a public road, shown as Old Crystal Bay Road. 4. Creation of two new private roads shown on the plat as Outlot A, to be known henceforth as Silver View Drive and Silver 'leadow give . 5. Concurrent with the creation of this private road, the Subdividers have dedicated to the City a Road and Utilities Easement granting to the Cily permanent access, improvement and utility easements over said Outlot; the Subdividers have created non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots inc,•luding a dec laratic n of certain maintenance covenants wherein each of the abutting and/or benefiting lot owners covenants and agree:_, to permanently maintain and pay the cost of maintenance of said private road. 6. Dedication'to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as "drainage easements". Pivie 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. Execution of a Subdividei's Agreement providing for installation, of certain improvements as a condition of subdivision approval. 6. Payment to the City of a Park Dedication Fee in the amount of $2000.00. 9. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. 1.0. Payment to the City of the filing fee for the final plat application in the amount of $150.a0. NOW, THEREFORE, BE IT RESOLVED, that the City Counci 1 of the City of 0-ono hereby approves the plat of Meyer Dairy Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Per Section 10.03, Subdivision 10, Lots 1,2, and 3, Block 1 are classified as through lots. Future owners aie placed on notice that a conditional use permit is required prior to the installation of accessory structures. 2. Per Section 10.03, Subdivision 21, a conditional use permit will be required if land alterations on each lot involve the borrowing of more than 1.00 cubic yards of fill exclusive of the fill required for the protection of footings/foundations. 3. Prior to the issuance of the building permit for tiew construction, the road base must be installed and approved by the City. Prior to road construction and site grading, all drainfieid sites must be staked and fenced in order to protect tested septic sites. 4. The existing gravel drive serving Lot 2, Block 1, Metier Dairy Addition may continue to be used until December 31, 1988 and by the specified deadline date must achieve access off the newly created private road at the east lot lane. 5. The existing shed on Lot. 5, Block 1 is considered a non -conforming structure and shall be removed prior to the issuance of a building permit for new construction. 6. The aforesaid plat sha 1 1 be f i led by the City of. Orono with either the Hennepin County Recorders' or the Regi stray of Ti t les' Of f ice on or before October 11, 1988 together with a certified original copy of this Resolution and executed copies of the covenants and easements as noted above. Page 2 of 3 City of ORONO �`•�;:. RESOLUTION OF THE CITY COUNCIL g'sa NO. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this llth day of April 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor fact(- 3 of 3 MEYER DAIRY ADDITION e• a oo toe a �r T -- t rWI•r�elelOelr \..R•D - - .LGlTL07 • - iaa!�1rer-- - OUTLD7 • r� '�_,..,. •1•�A t t.cano�1 NRi�MGi 1�11TI�/t IWi ROAD : r'-. ... ar � ' 'i i . ^� �. a a Mto .o•* eLar L _ f.r c � � � - ----�----- — �•- : for 7 ----�,c----- ----mac„ ---� 2 ' f - ~ i � � Rs � 1 • x • Jtlo aJ ', tYMrJI F•JA Yer b�r�LD � i�rrr�r rr..wi r_r r_rr rr_r� .+w wr.rr►r rrr. ti.+_r.r+._.... r giL� v'1GIT�.+ LTA .. r•... r.__r_.... r.._r_rr w _< _.._. r•._rr _r.._+. rr.aor r..�rrw.ur w— �. LL. a •wr • •.w. • f �rr_rI w— Y�.a{r• ! rr.�..w r.a.•. ter.. •....... it+r_r.r.���s_ W+.L. r .11•...n r ..r. r M rr r rr r ..r �. r.. _ • I rb W L w.LAM_� w.r fir. w w—. w �—•�_ COUNCIL MEETING APR 1119e9 CITY OF ORONO To: Mayor Grabek 6 Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building i Zorjng Administrator Date: April 5, 1988 Subject: i1201 Mike Hilbelink i John Vogt, 320 Old Crystal Bay Road No - Road Name Request Staff has reviewed the three road name choices and has unanimously recommended approval of Silver View Drive for the east -west portion of Outlot A and Silver Meadow Drive for the north -south portion of Out lot A. Staff found no conflict with existing road names within the City and adjacent cities. Control No. CITY OF ORONO PRIVATE ROADWAY REQUEST A. The subject of this request !s : an existing private roadway. proposed private roadway which is to be created as a condition of pending subdivision approval. B. The owner(c) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property: LOTS I TNRU 8, BLOCK 1, L07S 1 B Z. BLOCK 2, AND LCT 1, BLOCK S. MEYER DAliz� ADDITION C. The above owner(s) hereby request that this Private Roadway be known by the followin name: ow Choice No. 1 -71; -A AX,94 — Choice No. 2 ri F ('a Choice No. 3 �s,�---raB'_ (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. If all names have a conflict, you will be asked to make new choices. The approved name will be used for a ) mailing Address and official identification purposes.) D. The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owners) hereby Agree to reimburse the City for all costs of said installation. (Such signing may be required as part of a separate Developer's Agreement and/or subdivision request.) X standard city street name sign(s) - number regi+fired X standard "STOP" sign(s) - number required i _ standard traftic sign(s) described bel,w: . • number required The above irmer(s) do hereby acknowled,e the Ifuturc) existence of said private road, and that the City of nr :gas no obligation to maintain or service said private road, and that the city of Orono does not intend to acquire or open said private road as a wablic roadway figWture(s) of 07 etitj: i { - 'T 4 � 'S2 Date i to 6 bete to 4 A 58 UN 4o ' UtUY M tip to IICI r � , 21 1 i �� ! BSI y1t rRR }-. •p... ,�1• • +�..� _ _i • " ` _ I ' I % � ;'��) F ff1 - . @.mom. rM wertM■r I . 'p - • - 1! _ _ � u.• I w.wpMs .w.w .r .uurrc _ }1• _ 7 i / �� �) I .M�.1 f7.....• wtrtUl �j ..� �...+.• rwr.e• ryer •i1•.rJe. 05 ►� / ,ly '/ upf �'"1. •'�T•• �'/-,i- } r, { 1 i+? O ew.0.0 wrM..a. r... 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M•A ARSON LAUD NARBOA LAK _....�......... 85.31 ...--...Iwo 80,.011 NAPSOAOUSWCT EP -""woe" SIP ID-tf YK HAROAto 61 As dc-iss MAOMANAV6 UP {A•40 01CRABStl CAI 4 A 8C ... r.3CAMhe MIL MTR 1D 3�0 .APiYfOOD Avg SIP Y I1 NMIGWOOD 67 SV Y-11 NAMT RD 004 ,o.AB .AI• FAS AVf a ce 30-4 3^2 �• ROS Do AS st A 38+6 • ,41Y ,.r 38Lt8 30C,79 P 1C IS )n.30 X 35 11. .A-wc,QV wa, Of AV IC•91 MN NAw`LOA"t ev 380E NAPIOLD OR SRN 201.61 (.P C' 11 t -, ' To: Mayor Grabek & Orono Council Members ',CIE a �� �!!r��® City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: April 7, 1988 Subject: #1223 John B. Waldron, 1951 Concordia Street - Conditional Use Permit/Variance - Resolution Attached is a resolution which reflects Council action to date, denying the creation of a walkout cut and a 3' terracing excavation, but approving lakeshore restoration with a 3' retaining wall at the upper end of the bank, and which a -)proves the proposed deck in con juction with concurrent removal of the existing hardcover, resulting in no hardcover increase. The resolution also conditions the approval on removal of the roof runoff drain tile, and advises applicant to work with staff in finding aii acceptable solution. Proposed Motion: Moved , seconded , to adopt Resolution # granting variances and a conditional use permit to John and Lynn Waldron, 1951 Concordia Street, for construction of a deck and retaining wall in conjunction with grading to restore the lakeshore bank per the method found to be appropriate by the City Council. Ayes _, Nays _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL CODE SECTION 10.22, SUBDIVISION 1 AND 2, SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL, USE PERMIT PER SECTIONS 10.03, SUBDIVISION 19 AND 20 FILE NO. 1223 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the protection of the public health, safety and general welfare; and WHEREAS, John and Lynn Waldron (hereinafter "the applicants") are the owners of the property located at 1951 Concordia Street and legally described as follows: The Southerly 1/2 of Lot 7 and all of Lot 8, Gust S. Johnson's Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction of a deck which constitutes structure and hardcover in the 0-75' lakeshore setback zone where no such hardcover and structure is normally allowed, and which encroaches on the required average lakeshore setback; and for a further variance to Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 and 20 for filling, grading and excavation within the 0-75' lakeshore setback .:one where such work is not normally allowed; and WHEREAS, on November 16th, 1987, the Orono Planning Commission held a public hearing on this matter, at which time any and all members of the public wishing to comment on the proposal were heard. The Planning Commission then voted 4 in favor, 0 against, 1 abstention to recommend denial of the applicants original proposal to create a walkout by excavating within the 0-75' lakeshore setback zone, finding that uther methods for bank stabilization exist, that the walkout excavation was not related to the bank erosion stabilization needs, that the walkout excavation would not be in character or in comformity with the majority of neighboring residences, and that allowing the walkout excavation would set a precedent in conflict with current City philosophy and past denials of similar proposals; and Page 1 of 10 WHEREAS, on January 11, 1988 the City Council voted 4 to 0 to deny the applicants original proposal for excavation within 75' of the lakeshore to create a walkout type yard area, finding that the proposed grading greatly exceeded that necessary to merely restore the lakeshore bank, that no hardship was presented to adequately support the need for such a walkout excavation, that such excavation would result in a negative impact on the character of the shoreline, and was not in keeping with the guidelines of the City's Comprehensive Land Use Plan. The Planning Commission recommended approval of a ground level deck as proposed, attached to the house, subject to concurrent removal of the existing platform structure near the lake; and WHEREAS, the applicant subsequently submitted a revised proposal to the Council, to create a 3' deep excavation between the house and the lakeshore bank, rather than the deeper walkout excavation originally proposed. On February 8, 1988 the Council voted 5 to 0 to refer the ,application back to the Planning Commission for review of the proposed revision; and WHEREAS, on March 21, 1988 the Planning Commission reviewed the revised proposal and voted 3 to 1 on a motion to recommend denial of the revised prop�)sal, making the same findings as their previous recommendation, and recommended approval of variances for average lakeshore setback and 75' lakeshore setback and for hardcover, to allow construction of a deck along the lakeshore side of the house, conditioned on concurrent hardcover removals, resulting in no net increase in hardcover in the 0-75' setback zone; and WHEREAS, on March 28, 1988 the Cit1 Council voted 4 to 0 to deny the 3' excavation from the bank to the house, making the same findings as their January 11, 1988 denial and in that same motion approved the bank restoration method referred to as Option E of the March 23, 1988 staff memo;, and voted 4 to 0 to approve the necessary lakeshore setback and hardcover variances to allow construction of the proposed deck, subject to removal of existing hardcover so that no hardcover increase results. In addition, the council voted 3 to 1 to deny the continued use of the existing drainpipe transporting roof run-off directly to the lakeshore bank, which does not allow for any infitration; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; and the comments and written statements submitted by the applicant and his consultants. Page 2 of 10 WHEREAS, the City Council hereby makes the following additional findings of fact regarding the proposal: 1. 2he property is located in the L."--1C, Lakeshore Residential Zoning District and consists of 14,363 s.f. or 0.33 acres. The LR-1C district requires 21,780 s.f. or 0.50 acres in area. 2. The proposed land alterations on the property are located entirely within the 0-75' lakeshore setback zone where 0% hardcover is normally allowed. The existing hardcover on the property in the 0-75' zone is 19.7%. 3. The Council finds that approval of the proposed deck at grade level will have no significant iiopact on views enjoyed by neighboring properties, and in conjunction wish concurrent removals of existing hardcover, and minor reduction in the size of the proposed deck, the goal of not increasing hardcover in the 0-75' zone can be accomplished. 4. The Council finds that restoration of the erosion occurring along the applicant's lakeshore bank as a result of the July 23, 1987 storm can be suitably accomplished without excavation extending all the way to the basement wall of the house. The Council finds that any hardship imposed on the property by the bank erosion is not significantly rela' ' to the excavation proposed to create a walkout or a 3' terrace level extending to the house. 5. The major land alteration proposed in conjunction with the excavation to create a walkout or a 3' terrace level within the lakeshore protected area (0-75' from lakeshore) is found to be in complete conflict with the following principals and goals Set forth .in Orono's Community Management Plan: Page 3 of 10 SHORELAND, FLQOD PLAN AND STORt.1 WATER CONSIDERATIONS - C.M.P. 3-9 ORONO'S MANY MILES OF SHORELINE ARE;:SPECIALLY SENSITIVE TO ." SUSE CA OVERDEVELOPMENT. As the interface between land and water, the shoreline is ever changinC. Shorelines are subject to continual erosion by wave action, ice h,,ildup or unstable soil conditions. Droughts dry out vegetation and heavy rains or snow melt cause land slipagn. On top of these natural pressures, man is drawn to the lake and the shoreline often becomes his battleground with nature. Lake access c:ccn means active use and construction of buildings and structures causing unnatural soil loadings, vegetation removal, and land alteration. Exposed soil *-ecomes more subject to erosion and man-made naidcover increases direc* runoff quantity and speed. Power boats increase wave action and, more damaging, stir up the lake hott0M causing release of nutrients and increased turbidity. The impact, of course, is a degradation of water quality, impaired lake access ani a change in the natural aesthetics which drew people to the shore in the first place. Legal considerations become entangled when lot descriptions conflict or become inconsistent due to changing water levels or shoreline locations. Therefore, planning considerations must recognize the desiroLility of human interaction with the lake while at the same time providing for protection of nature's sensitively balanced shoreline ecology. LAND USE - C.M.P. 4-6 A PRINCIPAL GOAL OF ORONO'S PLANNING PROGRAM IS THE PROTECTION OF NATURAL RESOURCES AND ENVIRONMENTAL AMENITIES, PARTICULARLY THE WATER QUALITY OF LAKE MINNETONKA. The Environmental Protection Plan emphasizes Orono's unique environmental position in relation to the long-term health of Lake Minnetonka. Land use and development will not be permitted at the expense of environmental protection. Retention of natural vegetation, light, air, and open space will be promoted. Shorelines will he protected from erosion and alteration. Wetlends and marshland will be protected and preserved as wildlife habitats, unique open spaces and most importantly as the only economically practical method of flood protection and storm water runoff filtration. GENERAL LAND USE POLICY NO. 2 - C.M.P. 4-12 2. ORONO'S LAND USE eLANS WILL BE BASED UPON EITVIRONMENT'.L PROTECTION POLICIES. Land use and development must assure the conservation, protection and preservation of sensitive environmental resources in accordance with the goals and policies of the Environmental Protection Plan. Lard use policies will encourage the wise use and r..anagement of natural resources while prohibiting their misuse, abuse, overuse or exploitation. Page 4 of 10 GENERAL LAND USE POLICY NO. 6 - C.M.Y. 4-13 6. LAKE SHORELINES WILL BE PROTECTED FROM ALTERI.TION. Shoreland areas, whether bluff, beach or flc�dplain, are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to drew development which can be destructive if not properly regulated. Natural vegetation in shorelind areas will be preserved insofar as practical and reason- able in order to retard surface runoff and soil erosion, and to utilize, excess nutrients. Clear - cutting will be prohibited. In areas of soil or wave action erosion, material stone rip rap shoreline protection will be encouraged. GENERAL LAND USE PO1.tCY NO. 10 - C.M.P. 4-14 10. PRIVATE STEWARDSHIP OF LAND AND RESOURCES IS PREFERABLE TO IN:LEXIBLE PUBLIC CONTROL. Private ownership, maintenance and stewardship of the land, including open space and many types of improvements, is favored over public ownership as being in the beat and most ben,ficial interests of the property owner and the p.iblic, providing for more intimate, responsive anO economical land management. GENERAL LAND USE POLICY NO. 13 - C.M.P. 4-15 13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. Land development ahould respect and enhance the unique natural features of the oite and the general environmental assets of the community. Preservation of Natural views, vegetation, drainage and general respect for un'que site features always produces more aesthetic results and lasting value for the property owner and the community than does wholesale alteration of the landscape or mathematical division to the highest possible density. URBAN LAND USE POLICY N:). 11 - C.M.P. 4-19 11. A SIGNIFICANT AMOUNT OF NATURAL WOODLANDS AND OPEN SPACE WILL BE RESTAINED ON EACH PROPERTY. Retention of the natural environment require_, careful siting and preservation of trues and open space on each urban property. URBAN LAND USE POLICY NO. 13 - C.t•1.P. 4-19 13. RETENTION OF NATURAL VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION AS VISIBLE FROM THE LAKE. Building heights will be limited to leas than the typical tree height. Minimum green belts will be provided with pro- hibitions against clearcutting or excessive thinning of vegetation. 14atural vegetation will be preserved un slopes and retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which cane they will be screened with natural vegetation. Page 5 of 10 6. The granting of the variances to create a walkout or a 3' terrace level would result in the following violations of Section 10.08, Subdivision 3 (A) of the zoning code with which the applicant must first comply before the requested variances can be granted: A. The property in question can still be put to its existing reasonable use as a single family residence under conditions allowed by the official controls, without creation of a walkout basement situation. B. The plight of the applicant in terms of his perceived need to have a walkout excavation or a 3' terrace level is created by the applicant, and has nothing to do iith any unique hardship related to the land. C. The variance, if granted, will alter the essential character of the locality, by creating a significantly .artificially altered lakeshore topography which other properties in the locality generally do not have. D. The granting of the requested variances would appear to serve merely as a convenience to the applicant ;�s there have been no valid hardships demonstrated through the review of this application. E. The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicants. F. The special conditions applying to the property in question are not peculiar to this property and are typical of many properties within the lakeshore areas of Orono. 7. The City Council finds that Option E of the staff recommendation which includes a 3' high retaining wall at the top of the lakeshore bank and regrading of the slope below that wall, is an acceptable method of bank restoration, which in conjunction with adequate vegetation screening will have the least visual impact on the lakeshore in the general neighborhood, will be re'ztively equivalent in stability to other potential bank restore: it thods, and is one of the methods proposed by the Hennepin Soil anu water Conservation District as an acceptable method of bank restoration. Additionally, the Council finds that this method does comply with the requirements of Section 10.08 Subd. 3(A). Page 6 of 10 8. The Council finds that channeliza':ion of roof run-off water through a pipe directly through the lakeshore bank is not acceptable because that method of transport greatly reduces the possibility for infiltration of run-off water into the ground, in direct conflict with the City's goal of maximizing infiltration of runoff which tends to reduce the amount of impurities. Council recognizes the applicants concerns regarding saturation -related bank erosion, and finds that there are other potential methods available to reduce such saturation without piping roof runoff water directly to the lakeshore. 9. The City Council finds that the conditions existing on this property are peculiar to it and a-, not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent. of the Zoning Code and Comprehensive Plan of the City. 10. The City Council finds that granting a Conditional Use Permit to allow the bank restoration method found to be acceptable by the Council will not be detrimental to health, safety, or general welfare of public, would not adversely affect light, air, nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values, and finds that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction of a deck and retaining wall which constitute structure and hardcover in the 0 to 75' lakeshore setback zone where no such hardcover and structure is normally allowed, and which deck encroaches on the required average lakeshore setback; and grants a Conditional Use Permit per Section 10.03, Subdivision 19 and 20 for grading, filling and excavation within the 0-75' lakeshore setback zone where such work is not normally allcwed, subject to the following conditions: Page 7 of 1. Hardcover in the 0-75' lakeshore setback zone shall L aintained at the existing 1122.41 square feet or 19.95%, in conjunction with the addition of the proposed deck. The requirement that hardcover in the 0-75' zone not be increasf:d shall be accomplished by the removal of equivalent areas of existing hardcover in the 0-75' zone, to be approved by staff prior to issuance of a building permit for the deck. 2.. This approval is for = ground level deck that will extend no re than 5'-11" from the westerly wall of the house, and which will extend no more than 29' norther from the south end of the house, resulting in an average lAkeshur— '-et-ack encroachment of 1' based on the average deck setback line of the two adjacent residents. 3. dank restoration shall be accomplished through the use of a retaining wall at the top of the bank, no more than 3' in height, as generally shown in Exhibit A attached. Prior to issuance of the required permit for the retaining wall and grading, applicant shall satisfy City staff that the retaining wall will be appropriately designed to provide the proper stability. 4. Proper erosion control methods as required by the City shall be maintained during all phases of the lakeshore bank restoration project, until such time that the bank i5 stabilized and revegetated. 5. The tile transporting roof runoff directly to the lakeshore bank shall he eliminated, and applicant is advis-d to work with city staff to find an acceptable solution to the roofrun off concerns. 6. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 11, 1989). 7. violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shill be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of t is resolution and on behalf of himself, his heirs, successors and assigns, herehy agrees to the recording of this resolution in the chain of title of the property. Page 8 of 10 Adopted by the Orono City Council on this llth day of April, 1988. ATTEST: Dorothy M. Hallin, C ty Clerk James R. Grabeke Mayor Property Owner(s) Yager 9 of 10 Y U d: t� TO James Grabek, Mayor Orono Council Members Mark E. Bernhardson, City Administrator PROM: Jeanne A. Mabusth, Building s Zoning Administr=tor DATR: April 6, 1988 SUBJRCTa 11213 Rollin Lacy, 2655 North Shore Drive - Variance Amendment Attached is a resolution for Council adoption, reflecting Council's action of March 28, to amend the previous variance approval. k City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING AN AMENDMENT OF nRONO RESOLUTION NO. 2295 THAT WOULD CONTINUE TO GRANT A VARIANCE TO MUNICIPAL CODE SECTION 10.22, SUBDIVISIGN 2 WHEREAS, Rol' in Lacy (hereinafter "the applicant") is *he owner or the property located at 2655 North Shore Drive within the City of Orono (hereinafter "the City") and legally described on Exhibit A attached herewith (hereinafter "she property"); and WHEREAS, the applicant has applied to the City for the purpose of amending the original variance approval that would have allowed a total of 12,995 s.f. or 35.2% of hardcover within the 75-250' setback area and would now seek approval of 12,825 s.f. or 34.7% of hardcover for a total net reduction of a 130 s.f. or .4%. Minnesota: NOW, THEREFORE, BE TT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as an amendment of Resolution No. 2295, originally reviewed as Zoning File No. 1213. 2. This amendment involves a request to maintain an accessory structure, originally scheduled for removal. measuring 14.4" by 16'4", totaling 236.16 s.f. in hardcover. In exchange, the appl'-ant har, ;,c:rer,d to not construct approximately 366 s.f. of proposed deck area within the lakeshore yard. 3. The Orono Council reviewed the applicant's request on April 11, 1988 and r.ecormended approval of the proposed amendment to Resolution No. 2295, File No. 1213, based upon the following finding A) The proposal will result in an overall reduction of 130 s.f. of structural hardcover or .4% within the 75-250' setback area. B) The accessory structure has historical value to the property and is reported as one of the first structures on this property. C) The subject structure meets all required setbacks. D) There has been no change in the 0-75' setback area, still maintained at Ohs hardcover, and the 250-900' setback area remains at 9.21 of hardcover. 4. The City Council has considered this request including the reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 3 (.,it`7 Of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 to continue to grant the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other d_::iger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pre- serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the Citl. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby approves the applicant's current request to amend the original hardcover allowance within the 75-250' setback area of 12,y95 s.f. or 35.2% to 12,825 s.f. or 34.7% and to allow the accessory structure to remain subject to the following conditions: 1. Approximately 366 s.f. of deck structure shall not be installed along the south and west side of the existing residence. 2. Per Orono Resolution No. 1184, a resolution granting a single sewer connection to the property, the subject structure can never be used as a second residential unit and shall serve solely as an accessory structure for approved residental uses. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein., and shall. be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of April, 1988. ATTEST: Dorothy M. }Iallin, City Clerk James R. Grabek, Mayor Property Owner(s) i'agv 2 (.f 3 RESOLUTION $ Exhibit A 'That part of Government Lot 4, Section 9-117-23 described as follows: Commencing at a point in the renter line of County Road as laid out and traveled in the Easterly and Westerly direction acress said tract, which -point is 825.35 feet Easterly from a point where the center line of said road inter- sects the Western line of said Government Lot 4; thence dt right angles to said center line of said County Road a distance of 382.12 feet more or less to the shores of Lake Minnetonka; thence Easterly along the shore of said lakE ?_10 feet to a point in the center line of so called side road leading fre7, County Road aforesaid to sai 'lake; thence Northeasterly along the'.center line of said side read a distance of 385 feet more o� .ess to a point in the center line of aforesaid County Road; thence Westerly along the center line of said County Road a distance of 270 feet to the point of beginning, a,,cording to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota- (description per Doc. No. 4753759) To: From: Date: Subject: Mayor Grabek, Orono Council Members City Administrator Bernhardson � w I Michael P. Gaffron, Asst. Planning & Zoning Administrator April 4, 1988 #1258 John & Kathy Ehlert, 1785 Concordia Street - Conditional Use Permit/Variances - Resolution Description of Request - A. Side s -,tback variance of 6.5' to allow attached garage addition 3.5' from lot line. B. 75' la'eshore setback variance, hardcover/structure in 0-75' zone variance, Conditional Use Permit/variance for work within floodplain zone. List of Exhibits Exhibit A - Planning Commission action notice 3/25;88 Exhibit B - Revised average lakeshore setback diagram: Exhibit C - Portion of HUD floodplain map Exhibit D - Letter to applicants, 3/21/88, re: fees E - Discussion Please review Tom Jacob's memo and exhibits of 3/15/88. Applicants propose to construct an addit4onal attached garage stall and storage space extending from the existing 2 car attached garage, which is about 3.5' from the side lot line. Additionally, they propose to construct a room addition, extending the existing lines of the house. A small portion of the addition will be less than 75' from the shoreline, and a portion of the ade pion will extend into the designated floodplain area below elevation 93_ The main floor elevation appears to be about 3' above grade, or at <-:pp mately elevation 935, meeting C: _y requirements. A hardcover addition of 43 s.f. in the 0-75' zone will result in an increase from the existing 0-75' hardcover of 7.2%, to 7.6%. (Percentages corrected by staff, 4/4/88). Hardcover in 75-250' and 250-500' zones will remain within the required percentages; no additional hardcover in the 0- 250' zone weld be allowed, as worded in the proposed resolution. in reviewing the average setback line per the revised survey showing neighboring residences, with the normal interpretation of average setback line a variance is not required, and no lake views currently enjoyed by neighboring properties will be further encroached upon. The DNR notes they M.,il.l require no permits for the proposed work since they use 931.0' rather than 931.5' as the f loodplain elevation. The MCWD may require an approval, and it is our understanding that applicants are pursuing same. Zoning File #1258 April 4, 1988 Page 2 of ? Planning Committee Recommendation Planning Commission revi•�wed this application at their March meeting, and recommended approval of the variances and Conditional Use Permit for the house addition, but recommended denial of the side setback variance for the attached garage. The affected neighbor was present and expressed that he would feel "walled i.." by the further extention of an already severe side setback encroachment by his neighbors's residence (see north elevation of house; garage as proposed would increase length of side setback encroachment to nearly 901). Applicants noted that maintaining the existing setback would be architecturally more appropriate than offsetting the garage addition. The Planning Commission felt that an offset was appropriate. Staff Recommendation Staff would recommend approval per the Planning Commission recommendation. A resolution reflecting that recommendation is attached for Council review. Cite of ORONO RESOLJTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO SECTIONS 10.22, SUBDIVISION 1 & 2, 10.25 SVPnIVISION 2, & 10.55 SUBDIVISION 8, & GRANTING A CONDITIONAL USE PERMIT, PER SECTION 10.55, SUBDIVISION 10, & DENYING A VARIANCE TO SECTION 10.25, SUBDIVISION 6B FILE #1258 WHEREAS, John and Kathy Ehlert, thereinafter "the applicants") are the owners of the property located at 1785 Concordia Street within the ::ity of Orono (hereinafter "City") and legally described as follows: Lots 9 & 10, Coffees Addition to Shady wood, Hennepin County, Minnesota, hereinafter_ "the property"); and WHEREAS, The applicant has made application to the City of Orono to permit the construction of an addition to the existing residence, requiring variances to Sections 10.22, Subdivision 1 & 2, 10.25 Subdivision 2 and 10.55 Subdivision 8, for structual additions and hardcover less than 75' from the lakeshore, a Conditional Use Permit and variance per Section 10.55, Subdivision 8 & 10 for construction within a designated Flood Fringe area, and a variance to Section 10.25, Subdivi:,iun 6B to allow construction of an attached garage less than 10 ft from the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1258. 2. The property is located in the LR-lC Single Family Lakesh,�)re Residential zoning district. 3. The property is approximately 0.95 acres in area. 4. The Orono Planning Commission reviewed this application on March 21,1.988 and made the followinc recommendations on a vote of 4 Ayes and 0 Nays: Page 1. of 5 City of ORO�+'O RESOLUTION OF THE CITY COUNCIL NO. A) Recommended denial of a variance to Section 10.25, Subdivision 6B for attached garage side setback, finding that the requested variance if approved would exacerbate an existing substandard setback situation that already has an existing negative impact on the neighboring affected property. B) Recommended approval of the proposed hardcover increase of 43 s.f. in the 0-75' lakeshor.e setback zone, resulting in a 0-75' hardcover increase from 7.2% to 7.6%. The Planning Commission found that hardcover in the 75-250' and 250-500' set back zone -- conforms with the allowable hardcover percentages. C) Recommended approval of variances to allow encroachment into the 75' lakeshore setback zone, finding that the existing residental structure ranges in distance from 61' to 71' from the shoreline, and the proposed addition would extend from the 71' setback point to a point approximately 76' from the shoreline, resulting in 43 s.f. of additional structure within the 0-75' setback zone. D) Recommended approval of excavation, structure and grading within the 931.5' Fl-)od Fringe area, finding that the proposed encroachment will not create added danger to life or property due to increased flood heights or velocities, the proposal does not increase any hazards to water supply or sanitation systems, and the proposal has taken into consideration all factors of Orono Code Section 10.55, Subdivision 12D. Such approval would be conditioned on the crawl space floor elevation being maintained .t elevation 931.5', and that proper erosion controls be maintained during such period that the area is disturbed. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air, nor pose a fire hazard or danger to neighboring properties; would rit merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The City Council finds that granting a Conditional Use Permit to allow the structure and proposed minor grade changes along the house in the 0-75' setback zone and within the flood fringe will not be detrimental to the health, safety, or general welfare of the public, would not adversely affect light, air, nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values, and finds that the proposed level of use of the property will be in keeping with the intent and objectives of the the Zoning Code and Comprehensive Plan of the City. Conclusions, Order and Conditions Based on one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22, Subdivi-iions 1 & 2 and 10.55 Subdivision 8 to allow construction of an addition that comprises additional structure, hardcover, and grading and filling in the 0-75' lakeshore set back zone where no structure, hardcover, or grading and filling is normally allowed, and grants a Conditional Use Permit per Section 10.55, Subdivision 8 & 10 to allow work within the 0-75' set Lack zone and work within the flood fringe area below elevation 931.5' where no work is normally allowed, and denies a variance to Section 10.25, Subdivision 6B, disallowing the construction of an attached garage addition located less than 10' from the side lot line, subject to the following conditions. 1. The attached garage addition, if constructed, shall meet the required 10' side lot line setback. 2. Proper erosion control methods, as determined by the City, shall be maintained during construction. Final grading shall be completed as shown on the approved site plan attached as Exhibit A. 3. Hardcover on the property in the 75-250' and 0-75' zones shall be limited to that hardcover approved with this proposal, per the square footages and percentages listed in Exhibit B attached. Applicant is advised that total hardcover in t a 0-250' setback zone exceeds that which would normally be allowed, hence any further proposals to add hardcover within 250' of the lake would not be approved but might approved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover. 4. The c; awl space floor elevation shall be maintai-ed at 931.5' or above. rage 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Authorities granted by this resolution run with the property, not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (April 11, 1988). 6. Violation of or non-compliance with any of the terms or conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood, snd hereby agrees to the terms of the resolution and on behalf of nimself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adapted by the Orono City Council on this llth day of April, 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 4 of 5 0-75' `.lowed: Existing House Existing Deck *Addition EXHIBIT B RESOLUTION # (Area = 10,050 s.f.) 4.5'x 46.3' = 208.3 s.f. 8.5'x 46.3'x .5'= 196.8 - 313.5 s.f. 191x 4.5'x .5' = 42.8 s.1. Total Existing = 718.6 s.f. (7.2%) Total Allowed After Additions - 761.4 s.f. (7.6%) 75-250' Allowed: (Urea = 24,475 s.f.) Existing House 9.8'x 18.6' - "n 20.2'x 46.3' _ " 8.51x 46.3'x .5'= "1161x 2.8' _ " 2.851x 2.8' " 20.5'x 10.2' *House Addition (22'x 321) - 43' = * " (221x 3.5') - 4' = Or " 2.5'x 5' _ Existing Garaqe 26.8'x 22..2' *Add. Garaqe 18'x 22' _ Existing Drive 143'x 9' _ If " 18.5' 31' - " 4'x 13' _ 12'x 4' _ " 5'x 5'x .5' _ " 21x 4' _ *Add. Drive 251x 11' It " 3'x 4' Existing ShuffleBoard 5.75'x 50' Shed 14.2'x 10.2' Total Existing - 4556.5 s.f. (18.6%) Total Allowed After Additions 6 Removals 250-500' Allowed (Existing): Driveway (Total Allowed is 304) 182.3 s.f. 935.3 196.8 16.8 8.0 209.0 (Remove) 661.0 74.0 12.5 595.0 396.0 1287.0 573.5 52.0 4e.0 12 5 .0 3.0 12.0 287.5 144.8 = 5778 s.f. (23.60) (Area = 7,069 a.f.) = 702.5 a.f. (9.94) 0-75' Allowed: Existing House Existing Deck *Addition eRI61-:1690 RESOLUTION N HARDCOVER (Area = 10,050 s.f.) 4.5'x 46.3' = 208.3 s.f. 8.5'x 46.3'x .5'= 196.8 313.5 s.f. 19'x 4.5'x .5' = 42.8 s.f. Total Existing = 718.6 s.f. (7.28) Total Allowed After Additions 7f-250' Allowed: 761.4 s.f. (7.68) (Area = 24,475 s.f.) Existing House 9.8'x 18.6' = 182.3 s.f. " 20.2'x 46.3' = 935.3 " 8.5'x 46.3x .5'= 196.8 "to6'x 2.8' = 16.8 " 2.85x 2.8' = 8.0 " 20.5'x 10.2' = 209.0 (Remove) *House Addition (22'x 32') - 43' = 661.0 *to to (22'x 3.5') - 4' = 74.0 *to of2.5'x 5' = 12.5 Existing Garage 26.8'x 22.2' 595.0 *Add. Garage 18'x 22' - 396.0 Existing Drive 143'x 9' = 1287.0 " 18.5'x 31' 573.5 " 4'x 13' 52.0 " 12'x 4' = 48.0 "of51x 51x .5' 12.5 " 2'x 4' - 8.0 *Add. Drive 25'x 11' - 275.0 * 3'x 4' 12.0 Existing ShuffleBoard 5.75'x 50' - 287.5 Shed 14.2'x 10.2' - 144.8 Total Existing - 4556.5 s.f. (3.f 5%) Total Allowed After Additions = 5778 s.f. (21.6%) i Removals 250-500' Allowed (Existing): (Area - 7,069 s.f.) Driveway is 702.5 s.f. (9.9%) (Total Allowed is 30%) ZONING FILE NO. 1258 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3/25/88 --------------------------------------------------------------------------- TO: John & Kathy Ehlert COPIES TO: E.O.S. Corporation 1785 Concordia Street Attn: Jack Anderson Wayzata, MN 55391 684 Excelsior Blvd, Suite 1 Excelsior, MN 55331 TYPE OF APPLICATION: Variance/Conditional Use Permit ----------------------------------------------------------- DATE OF MEETING: 3/21/88 VOTE: 4 For 0 Against Planning Comission recoss+ends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Approve 75' lakeshore setback encroachment of 3' for structure addition. 2. Approve variance for average lakeshore setback (survey revision verifies that this variance is not needed). .J. Approve variance for additional hardcover of 43 s.f. in 0-75' setback zone, for total 0-75' hardcover of 576.4 s.f. or 5.7%. 4. Approve conditional use permit for structure and grading within 0-75' setback zone and within a designed floodplain area. 5. Denial of variance to 10' side setback requirement for garage addition. Applicant's nex'- scheduled meeting is confirmed as: City Council April 11, 1988; 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. // lim LIMIT OF DETAILED p STUDY '�ki s I 9� D roll V q �i MAte NOR7 INcTON .+ CItv (11 ZONE Al ARLA NOT ZON E nClr'. ,'L EREN'-'[ MA[IKS B U! ...:RIPTIO..01 1.()( •111;,'. +r `� 11 tr:P Qf n, , CITE' of ()TKO NO ) PoEit Office M)x 660('rystaI Bay, Minnesota ;)ri3ZJeMunicipal Office; On (lie North Shore of Lake Minnetonka March 21, 1988 John and Kathy Ehlert 1785 Concordia Street Wayzata, MN 55391 Dear Mr. and Mrs. Ehlert, 14 This letter is intended to clarify for you the City's position regarding fees and the required submittals for the application for variances and conditional use permit to add to your existing residence. We received your application for a building permit on February 2, 1988. on February 4, 1988 we sent a letter to the builder (copi d to you) indicating that variances would be required. ' at application included a survey whir. was incomplete for variance review purposes, and it was noted on thalf letter that the survey would have to be revised to zhow th, locations of adjacent houses, and the location of the sanitary sewer easement across the property. In a discussion with Jack Anderson sho :ly thereafter, the additional issue of f lcodplain encroachment was noted, and Mr. Anderson was informed of the need for review by the Department of Natural Resources, Watershed District and conditional use permit review by the City. On February 22, 1988 Tom Jacobs and I met with Mr. Anderson and Mr. Ruehl to review the issues involved in this proposal. ThOF-e various issues were defined as follows: 1. Side setback variance needed for attached garag less than the required 10 feet from the side lot line. 2. Variance required for additional structure w:'hin 75 feet of the defined 929.4' lakeshore elevation. 3. Varian(-e for average lakeshore setback, if it was demonstrated that t`(- addition would encroach past the average lakeshore setback line. 4. Variance for additional hardcover in the 0-75' lakeshore setback zone where no hardcover is normally allowed. 5. Conditional structure. that elevation. use permit and valiance required for any encroaches past the 931.5' floodplain Ht 11 PING, JONWC .. 471.7157 • ASSFUING ADMINISTRATION & FINANCE - 473.7358 • PUBLIC WORKS - 471 7159 John and Kathy Ehlert March 21, 1988 Page 2 6. A potential, but undetermined, variance for hardcover exceeding the 25% allowable in the '75-250' setback zone. 7. A potential. but unlikely, encroachment of the attached garage close to the existing sewer line easement. The basic application fees were discussed.., How-ver, because your agent:; did not know for sure at that time what they were going to propose and which of the above variances or conditional use permits would actually be applied for, the actual fee was left as inOeterminant. At that point your agents were again advised that the updated survey containing the sewer easement and the locations of adjacent houses would be required. They balked at having to provide locations of adjacent houses, although that is a normal requirement for applications such as this and not out of the ordinary. Mr. Anderson suggested that he felt there would be no encr,)=.chment on neighboring property's views of the lake and felt that the survey revision woul(a be an unnecessary added expense to Lite eroperty own �r. He -ugge5ted that he would prefer to meet on the site to determine the visual impact. I suggested that he review it on the site and if he felt there was no encroachment or visual impact that he would call to have staff inspect the site to verify lie did call, he felt that there was no impact or encroachment and subsequently Senior Building Tnspector, i'om Jacobs visited the site. Mr. Jacobs felt there was an encroachment, and he required that the survey be revised to show the actual locations of neighboring houses, which he has the responsibility and the right to ask for, and which was an appropriate req�iest given the context of our previous discussions. Based on Mr. Jacobs' review of the application as it ultimately was submitted, the proper application fce is calculated as follows: Base variance fee (75' lakeshore setback) S 150.00 2nd variance (side setback for garage) 50.00 3rd variance (0-75' hardcover) 50.90 4th variance (average lakeshore setback) 50.00 Conditional use permit (work within the 200.00 designated flood plain area) $ 5V .00 Howver, the average lakeshore setback and 75' lakeshore setback in this case can be considered a single issue for fee purposes, and the conditional use permit fee for work within the floc,dplain has been reduced to $100.00 since it can, in this case, be considered as a residential accessory use, at the discretion of thr Zoning Department. The total application fee then is 5350.00 of which $250.00 has been paid, leaving a i3AI.ARCE DUE OF $ 1Y11.69. John and Kathy Ehlert March 21, 1988 Page 3 if you have any questions regarding this letter, please direct them to the Zoning Administrator, Jeanne Mabusth. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator V`G/dh cc: Jeanne A. Mabusth, Zoning Administrator Thomas J. Jacobs, Senior Building Inspector E.O.S. Corporation, Jack Anderson To: Planninq Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Thomas J. Jacobs, Senior Building Inspector Date: March 15, 1988 Subject: #1258 John f Kathy Ehlert, 1785 Concordia Street - Conditi.onal Use Permit/Variances - Public Hearing Description of Request - Applicants are proposing to construct an addition with 682 s.f. en the ] st f loor and 506 s.f. on the 2nd for a total of 1,188 s.f. of habitable floor space. The applicants are also proposing an addition of 400 s.f. of garage space. To construct the proposed additions, the applicants are reques�ing the following variances: 1. Lakeshore Setback Variance Required = 75' Proposed = 71' Variance = 4' or 5`3 2. _Side Setback Required = 10' Proposed = 3.5' Variance = 6.5' or 65% 3. Hardcover Variance Required = 08 Existing . 533.4 Proposed - 434 s.f. additional 4. Average Site Line Setback - Lakeshore Applicants will also require a conditional use permit for the following: a) work within 75' of the lakeshore; b) fill within 75' of the lakeshore; c) excavation within the 931.5 elevation - flood plain; and d) ccnstruction of a structure within the 931.5 elevation. Pertinent Ordinances - Lakeshore Setback - Section 10.55, Section 10.25, Subdivision 2, Sectin 10.22, Subdivisl—on 1 Side Setback - Section 10.55, Subdivision 6 (B) Hardcover - Section 10.25, Subdivision 2, Section 10.22, Subdivision 2 Conditional Use Permit - Section 10.55 Average Site Line Setback - Lakeshore - Section 10.25, Subdivision 1 Zoning File #1258 March 15, 1988 Page 2 of 4 Zoning District - LR-1C List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Notice of Public Hearing Exhibit E - Proposed Site Plan Exhibit F - Building Plans Exhibit G - East Elevation Exhibit If - Cross Section Exhibit I - Floor Plan - Stair Exhibit J - Let,-er From DNR Exhibit K - Hardcover CalculatiGns Exhibit L - Data Privacv Advisory Exhibit M - Survev Showinq Average Site Lin: Review of Lakeshore Setback Variance - Applicants are requesting to construct an eyterior stairway which encroaches the 75' setback (Exhibit T_). Staff has mct with the applicants' architect on the :natter. Although there are alternatives to the proposal, the applicants have requested this variance citing the hardship that the stairway as proposed will blend into the existing character of the t-ouse and that the existing house already encroaches wit'lin 75' of the lakeshore setback. Hardcover Variance Applicants are requesting to ald an additional 43 s.f. of hardcover to tLe existing 533.4 s.f. of hardcover within 75' of Lakeshore. This variance is also due to the construction of the stairway within the 75' setback. Side Setback Variance - Applicants are requesting this variance to the side yard setback to construct an addition to their existing garage which already encroaches into the side setback to within 3.5' from the lot line. with construction this close to the lot line, staff recommends that there he no openings on the north wall of the garage structure and that the interior be provided with 1 hour fire resistive construction (5/8" type plus sheet rock or better) on new addition and existing garage wall. Average Lakeshore Setback - Applicants are requesting that a variance be granted to this section if the code. The addition has no visual impact on the neighbors as the addition does no extend beyonO the existing structure which already extends past the line (see F:xLibit %i ). Zoning File #1258 March 15, 1988 Page 3 of 4 Conditional Use Permit - Applicants are requesting a conditional use permit for the following: A. Work within 75' of lakeshore setback area. This work consists of the exterior stairway on the west end of the building. Again, we met with applicants' architect on this matter and there are alternatives to the proposed work within 75' of the lakeshore. B. Fill within 75' of lakeshore. The proposed stairway structure encroaching the setback and the addition right on the 75' setback line will require a minimal. amount of fill to slope drainage away from structure. C. Excavation within the 931.5 f looc plain elevation. Applicants are requesting to build an addition which is located at the 931.5 elevation. Since the flood elevation for Lake Minnetonka is maintained at 929.4, the addition will not increase the height or duration of the floodway. The property has a gradual slope toward the lake which will not be affected by the addition as an obstruction which will restrict the passage of water. The addition shows a full 8' crawl space (see Exhibits & `H ) which will put the floor level at 927.5. Since this is not allowed to be habitable space and is 2' below the designated lake level the crawl space area would have to be rniEed up to the 931 5 elevatien. The Minnesota Department of Natural Resour--(- has reviewed the proposal (see Exhibit J). They will not require an application of permits. Staff Recommendation - Lakeshore Setback Variance - to recommend disapproval based on the following findings: 1. Undue hardship had not been proven. 2. Other alternatives are available. 3. Conditions of approval do not exist. _Hardcover Variance - 0-75' Lakeshore - to recommend disapproval based on the following findings: 1. Jndue hardship has not been proven. 2. Other alternatives are available. 3. Conditions of approval do not exist. Zoning File 11258 March 15, 1988 Page 4 of 4 Side Setback - Garage - to recommend approval based on the following f nn—�ngs: 1. The variance will riot alter the essential character of the locality. 2. The location of existing garage to be added onto. Approval is subject to the following conditions: 1. A 1 hour fire separation be installed along the existing and new garage wall north side. 2. No openings are to be installed in the north wall. Average Site Line Setback Variance - to recommend approval based on the following findings: 1. The proposed Addition does not create a view obstruction to neighboring properties. 2. The variance will not alter the essential character of the locality. 3. The proposed addition does not extend past the existing structure. Conditional Use Permit - to recommend approval of excavation and structure within .5 floodway based on the following findings: 1. No other land above the 931.5 elevation is available to construct addition on. 2. There is no added danger to life and proper dut to increased flood heights or velocities caused by the encroact 3. Proposal does not increase any hazards to water supply or sanitation systems. 4. Proposal has taken into consideration all factors of Orono Code Section 10.55, Subdivision 12 (D). Approval is conditioned on the following: 1. Crawl space floor elevation be maintained at 931.5 elevation. 2. Temporary soil erosion control be maintained until permanent soil erosion control is in effect. - � /� t CITY OF ORONO VARIANCE APPLICATI Initial Apolication Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PROPERTY LOCATION Site Address IW;5 CON&VOA WAY74t1%, M u . 55,'A 1 Property Identification Number (P.I.D. ) 1-711'7 23?-I-OL Please check one - Property abstract or -K torrens? Attach legal description to application if not included o 8 n APPLICANT ---------------------------- ----------------- Phone (home)� ���--------- Name ' N li r t't-t �.fi T Phone (work ) J� �'`47" Address_ l7�f� C=F�N[��R��a City: wN2�T- Zip: �3'It --- ------------------------------------ , OWNER (if dif:cerent than applicant) Phone (home) Name Address: Phone (work) City: Zip: Date Property Acquired (month/year) I (do) (do no.:) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY o Present Zoning District Present use of Property S'1 WCb'Yl 1 L'y Residential Other (specify) DESCRIPTION OF REQUE:;T Estimated Construction Cost $ bni00o Describe request in detail: )NC---'r MfME ----------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width X Hardcover Setback Variances ( Y,, Front Side Rear) Other F! A-r plAIN HARDSHIP Describe undue hardship or practical r" ficulty resulting from strict enforcement of zon,ng regulations: ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance %.ith Zoning Code Requirements: -VA- TAC_M1FAJT_ ---------------------------------------------------------------------------- RRQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 3 4 8- 3 2 71) . ,pJxvyh jo 3. Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of surve- including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in ex=sting grade are proposed. 6. Plat dap (obtained with property owners list). 7. As at, addendum to this application, please attach a separate list of any other persons you wish notified of this applicatic- 8. Additional items as may be requested by City staff. ---------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please rimember that your variance application is not complete if the above ini�rmation has not been included. ---------------------•------------------------------------------------------ Certification by Zoning Department that Variance Application, is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide ali information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her ' knowledge. f , Applicant's Signature C-� r Dat OWNERS SIGNATURE E The owner hereby ackowledges and agrees to this application and further authorize:, reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investiga- tion and verific2'jon of this request. Owner's Signature ` 4 Date Applicant must have al ubmittals into the City offices .,5 days before the Planning Commission Mee ing. Planning Commission Meetings are held on tl,e third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If nn applicant is unable to attend a scheduled meeting, plear.e make arrarictement.s to have an authorized agr.nt attend in your place and to advise the U-C ^oning Office of this change prior to they meeting. Eos rnl::W:'(-)RAT J. NICHOLAS RUC_HL, AIA BERTIL E. HAGLUND, AIA CITY OF ORONO - VARIANCE APPLICATION ATTACHMENT DESCRIPTION OF REQUL.�T The proposed addition consists of 682 s.f.. on the first floor and 506 s.f, on the second floor with a crawl space under the first floor. The construction is wood framing, insulated with exterior wood lap siding exterior finish. The exterior materials and building lines match the existing house. The garage is 400 s.f. and is located to enhance a blending with the existing garage. IMF p }S IIP Both the Garage and House additions are designed to fit most functiona'.ly and sensitively with the existing conditions. These existing conditions include a 3'-6 distance between the garage and property line and the existing house which is within the 75' lakeshore setback (from elevation 929.4). The design blend which is achieved by the proposed additions cause the lakeshore and sideyard setbacks to be comprom-'—d under current zoning regulations. DF,,SCPIPTION OF UNUgUAL PROPERT)L CONDITIONS The existing house location . )se to the established flood plain contour, which ca the addition to encroach over the 931.5 contour -1 five feet. The extremely long concretes drives adds to the ,iardcover area, along with the fact that the existing house.- as previously stated ".hin the 75' Idkeshore setback. ARCHITECTS - SPACE PLANNERS - INTERIOR DESKAERS 684 EXCELSIOR BOULEVARD • SUITE ONE - EXCELSIOR, MINNESOTA 55331 • (612) 474-3291 Rt1N OAT* OZ:21/88 HENNEPIN COUNT) PROPERTY INFORMATION SYSTEM. REPnRT W. P1435401 PROPERTY OWNERS LIST PAGE 5 003 36 17-'17-23 22 0015 38 17-117-23 .^2 0016 31► 17-117-23 22 001' PP('P ADOP 01825 C•-NCORDIA ST 0178S CONCORDIA ST 01io1 CONCORDIA ST W." NrME 0 A 4ALLOWELL ETAL J A EHLERT A K A EHLERT MARGARET L ANTOTNE TA*rA.EF DAVID A HILL -'JELL JOW A A KATHER M A EHLERT MARGARET I ANTOINE �- NAME'AOOR 1825 CONCGROIA ST 176S CONCORDIA ST 997 SPYGLASS LA WAYZATA $IN 55391 WAYZATA MH SS391 NAPLES F:_ 33940 a 17-117 23 22 0018 38 17-117-23 22 0019 38 17-117-23 _z 0025 PR Ca 0175S CONCORDIA ST OA745 CONCORDIA ST o120o rGjtt_OR^IA "T -V.P OWNER A A L TILSEN ALICE S 0'-XEY P^ I k J ';ANSEN ' TAXPAYER ALVIN P TILSEN PAUL J BOZOHIE ,AUL A KAREN HANSrN NAMEIADOR 1755 C^ICOROIA ST 1745 CONCORDIA ST 1800 CONCORDIA ;PT WAIZAT• MN SS391 WAYZATA MN SS391 WAYZATA MN 55391 3: -11) 23 22 0026 PF^P ADC ; 01 COWLCV' *A ST C6,&ER NA':t TN, %ILLAGF Oi OPOIQ TAYPAYFF 7H; VILLAGE Of ORONO NA"IE.' I P 0 EO'1 6t CRYSTAL BAY MN 55323 38 17-11 3 22 0033 F;OP ACOR 01815 .ERNESS POINT RO OWttER a.ME A A J Rll—IE TA:A:PATtg ALAN J RITCHIE NM;E/AV 1815 `AGERNE:iS POINT S W ZATA M 55391 38 17-117.23 22 0027 01760 CONC,'ROIA ST ALICE S OSKEY PAUL J BOZONIE 1745 CONCORDIA ST WAYZATA MN 55391 38 17-117-23 22 0078 01855 CONCORDIA ST V t V ANnERsCN INCENT A VIRGINIA ANDERSON 355 CONCORDIA ST WAYZATA MN 55391 38 17-117-23 22 0028 0175C CONCORDIA ST PAUL J BOZC!+IE ETAL t'.T PAUL J BOZCNIE -J 17,0 CON CKDIA STREET WAYZATA MN 55391 TOTAL BATCH 003 00011 *` I fERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TVUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE kci.`:EPIN COUNTY DEPARTMENT OF PR TY TAXATION. THt BEST 0'. MY Kl.ONLEDGE AND BrLIEF. OATf2 BY J�-�244: v C TC s Vi1►T _. _ orwill ♦ IA- wq�- � if3 127. ��Ft►h� �Hi NC.t :r►C' 6!C VCR ,Mj►TL►�+ 1'F'%� Ad--r '- L tit - VE. KAIN ►'a'J �0 �'�; F. lrti ram-' c.-�.t I TCl� �xit�TN'J C. L)L4 IV ext r,.i�►'"`{ �A^.. ���.' — �.. —.� I � , � 1 /" � � � f - -YyY !{ter K.: � iC • t` - I =fr�C f 1 1� ; �' (�l,�t To MI►cc+ysa4 r. L,) i � two t~ •.� . , `� i � ; t 1 � i �u �p�, 71i, ,;, : ter' t ( 4 L sa.• o • � ' • � . � � � _ �.-,�t - - v (/- �;,�,c. ,Y"ty.TL ►i � ( I i W V� W . ' ? 4p f ♦-- % mod.. p's-7' v r, PAI tJ — — Iva ✓ t OL r E f•r-- I r� yy 6v. Ems'► .ac6 I t =..:. X l'�_ y`s 4 7-i1 tr'L2✓ /M'WI MIL. f#"0%:7 • VLAI Y ;: L l�P�13 a! 0 • • G. b8 l ��yS-"Nb,7 f Ex3ri SL f � i rT 1w;Q c�S� tvl�uc Ma.% N fJl�7. - - • �✓txgVi _ 77:- / WT) := o i / _ tIM &�,� U IFt .1'�• 7!� r0! M STATE OF (1-1HM�U`ir2% DEPARTMENT OF NATURAL RE PHONE NO. 296-,523 1200 WARNER ROAD, ST. PAUL, MN 55106 March 11, 1988 Jeanne A. Maburth Building 6 Zoning Adv aistrato-- CITY OF ORONO Post Office Boy 66 Crystal Bav; MN 55323 RE: APPLICATION #1'_56 METROPOLITAN WASTE CONTROL COMMISSION CONDITIONAL USE PERMIT/VARIANCE APPLICATION #1258 JOHN b KATHY EHLERT, 1785 CONCORDIA STREET APPLICATION 01251 AUDREY SCHULTZ - VACA':ION OF ROAD Dear Ms. Mabusth: Thank you for sending information for our review on the above referenced permits. Our comments on each application follow. The upgrading and replacement of sewer lines is mainly a concern of the DNR Lands Bureau. '!he Division of Waters will have a chance to comment through the Bureau of Lands license procedure. Preliminary indications are that impacts to protected waters will be minimal because the sewer line is mostly beneath the existing roadway. According to the plans received March 3, 1988, the Ehlert house addition does not encroach below the 931.0' elevation. Since the Flood Insurance Rate Map (enclosed) and the City of Orono'e. Fluod Ordinance consider elevation 931 the 100 year flood elevation, we '.ave no floodplain concerns. (We understand however that the Minnehaha Creek. WSD uses 931.5 as the 100 year flood elevation.) The application for vacation of roads along the southeast shore of Forest Lake does not raise any protected waters concerns. Thank you again for the opportunity to review these projects. If you have any questions, please feel free to call. Sincerely, 7 Tom Hovey Staff Hydrologist METRO REGION DTVTSION OF WATI'R.P- Enclosure cc: Jack Anderson J1/dv AN E00AL OPPORTUNITY EMPLOYER r )VER CALCULATION SUMMARY A. B. C .�., Or•' "►'` 1 E P. Existing Final Lakeshore Existing Hardcover Proposed Hardcover Allowed Setback Lot Area Hardcover Percentage Hardcover Percentage Hardcover Zone In Zone In Zone (B/A)X100 In Zone (D/A)x100 Percentage ------------- --- --- ......--- -- ---- ---- -- --------------- i 0-75' C50 of G sf 1 • 0 ! 75-250' 1 7S of Q fv` 'f I •�1� I of 4- ! 25 ! 250-500' �1�_sf Jrn 5of • 07-6 of ! 30 i 500-1000, sf of ! of ! 35 t kRDCOVER LIMITATIONS HARDCOVER INCLUDES: Structures with r ofs 'A14 `�• 1� Decks, even if s1 tted •�� .►` I �,- . '� py -- Sidewalks Driveways (paved r gravel) Decorative lan caging area:; underlain by plastic sheeting - Tops of retainin walls, rock walls ls'�• - Any other surfa�e that does rtnt allow direct °-- ALA. absorption of rainfall into the ground fJ - "-" -77" ---- :3--, , . F ur -....... ROA C> �4 E. OTHER LARESHORE RP.CULATIONS 12 A BBC. 10.22, REGULATIONS FOR-LR-IA-, 'LR-IA-1', 'LR-19', 'LR-IC" AND 'LR-IC--1' OUR FAMILY LARNSHORB RSSIDNETIAL DISTRICT. Within any "LR-lA', LR-lA-l',-LR-1B4, 'LR-1C', or -LR-1C-l' One Family Lakeshore Residential District the following regulations shall applyt Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building me,* be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Covrr Regulations. within 75 feet of shoreline there shall be no excavatin-, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 21)! hard cover. within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. within 500 to 1,000 feet of the shoreline there shall be no greater than 15% hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. 4J. 1111RICOVBR REGULATIONS AND NORKSHMM 4RDCOVER ORDINANCE -- In 1975, the Orono City council adopted an ordinance limiting he percentage of lot area that cai, be covered with impervious surfaces ("hardcover") such as roofs, driveways, Sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, s,ils, and debris carried into the lake from. highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of (.-rono's ordirance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before Atering the lake. D. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED I. 0-75't in the area with,:: 75' of the lakeshore, No Hardcover is allowed (01). II. 75-250': in the portion of the lot located between 75' and250' from the lake, 251 of that portion of tie lot may be hardcovered. 1II. 250-5001: in the portion of the lot located between 250' and 500' feet from the lake 101 of that port.�on of the lot may be hardcovered. IV. 500-1,000': in the portion of the lot located between 500' and 1,000' feet from the lake 35• of that portion of the lot may be hardcovered. NOTE: These regulations apply ever if you have a lot that does not abut the lake but is within a lakeshore zoning district. i. ROW %r-) DETERMINE LOLOT AREA_ WITHIN EACH SETBACK ZONE (To be used as denominator in all hardcover percentage calculations) I. 0-75' Zone Area - 75' x (Average width of lot in 0-75' zone) t measure parallel to shoreline 75' x _ '��' �ft. �Q� s.f. (1) (Avg width) Area of 0-75' zone II. 75-250' Zone Area • (1751or avq lot depth in zone) x(Avg width of lot in 75•-250' zone) `` measure parallel to shoreline 1 i 175' x ifrj ���� ft. �� s.f. (2) (Avg width) Area of 75-250' zone 111. 250-500' Zone Area . (250' or avq lot depth in zone) x(Avg width of lot in 250-500' zone\ \ measure parallel to shoreline 250' x ___ ft. 119(0 j s.f. (3) (Avq width) Area of 250-500' zone IV. 500-1,000, zone Area. - (500' or avq lot depth in zone) x rAvg width of lot in 500-1000' cone1 l measure parallel to shoreline / 500' x _ ft. s.f. (4) (Avg width) Area of 500-1,000, zone NAPOCOVER CALCULATION NORKSI"" " Setback !one: (circle one) 0-75 *J 7S-250' 250-500' 500-10004 Existing Hardcover in Zone a. House / r' x r _ vt_�+. S.f. length width Is • s.f. x s.t. x s.f. x s.t. b. Garage x c. ..r iveway x s.f. x s.f. d. Sidewalk x s.t. t s.f. x - s.f. c. patic! x '" s.f. Leck Is S.f. f. Landscap x s.f. areas underlain x . S.f. by plastic sheeting x • s.t. x S.f. f. Other Is s.f. x • s.f. x • s.f. TOTAL EXISTING HARDCOVER IN ZONE existing Hardcover t • Total existing Hardcover x 100 Lot Area within :one f x 100 • �. 2J t s.f. Additional Hardcover to be added in Bonet Ttes: Length x Width • TOTAL s.f. 19 4� e.f. x S. . x s.f. x s.f TOTAL S . F . TO dE ADDED `f � (2) € Existing hardcover to be Removed, If any: Item Length x Width TOTAL s.f. x s.f. x s.f. x s.f. x s.t. TOTAL S.F. TO BE REMCVED (3) Final hardcover Proposal: (Lino (1) + Line (2) -Line (3)) • Existing To be Added To be Removed Final Line 4) x 100 s'f' x 100 Line (1) ID, J;Q s.f. '�— HARDCOVER CALCULATION WORKSF,_ T Setback Zone: (circle cnei 0-7S' 7S-2S0• 250-500' SOO-1000• Existing hardcover in Zone x to Zi4- a.t. length width �. x s.t. L x • Z s.f. b. Garage x 7 • �C17 s.f. c. Driveway �i1.�L��-x • � �� S.f. x • s.f. d. Sidewalk x s.f. X • l.t. x • s.t. e. Patio/ x s.f. Deck x • s.f. f. Landscape x s.t. areas underlain x . s.f. by plastic sheeting x • s.t. f. ocher 5_1') ! 50.0 _ . -ZQ),) •.f. '.= _ 4I'll (� x • s.f. J TCrrAL EXISTING kltRDMVfR IN ZONE • s.[, (li Existing hardcover f • Total Existing Hardcover x 100 , Lot Area Within Zone 415 • t x 100 • f Additional Hardcover to be added in :one: Itam Len th x Width TOTAL s.f. .;. L5 Z¢ - x ---__ • _ _ s.t. __ x TOTAL S.P. TO BE ADDED _ ` (2) Existing Rardcover to be Removed, If any: 1.4 Item Length x Width • TOTAL s.f. "r . x • ; Cl _ a.l. x s.t. r x • s.t. ` x s.f. TOTAL S.P. TO BE RMOVED Z� 13) ' Pinal Hardcover Proposal: (Lin* (11) # Line (2) 7-Line MI =i• ( sa:-- h • ���L •• �( 1 `t .-I a. t . ( d ) Existing To be Added To be seuoved final Proposed hardcover f - Line (4) : 100-���1'' �. ••t • x 100 • -� f !�V Line (1) 144-1 j s.t• HARDCOVER CALCULATION W0RKS1'' Setback Zone: (circle one) 0-75' 75-250-2507500: 500-1000• faist:ing Hardcover in tone e. House x _ s.f. length width x • a.:. -� x • l.f. x s.f. x • 8.f. v. Garage X • s.f. Ori•:eway 1 = ��_ r t"(� s.f. d. Sidewalk 3 s i. ') s.f. s.f. s • s.f. 4. Patio/ _ • s.f. Deck f. Landscape ! s.f. a, eas underlain s �� ., s.f. by plastic sheeting x s.f. _ l.f. f. Other x •.t. X - e.f. x s.f. % TOTAL EX:STINr HARDCOVER IN - r - }:}' s.f. (1) Existing Hardcover 1 - Total Existing Hardcover x 100 , Lot Area Within Zonc �OL ." s.f. x 100 1 7(%iQ s.f. Ad�_itr mal Hardcover to be added in zone: Item Length x Width - TOTAL a.f. X • s.f�_ X s.f. X • e.f._: x a.f. TOTAL S.F. TO BE ADDED lam_ (2) 1 .'o\ \� Existing Hardcover to be F ^ved, if any: Item Length x Width • TC-AL s.f. _ x x - s.f. x - `�� s . f . It -Ad x - &J. TOTAL S.F. TO HE REMOVED (3) _ (Line (1) ♦ Line (2) -Line MI • Existing To be Added To be Removed Final Proposed Hardcover 1 - r � � Line (4) x 100 rC1� S.f. x 100 - 9 9 Line (1) 5 i 'Ve 90 1 20 I� � a\ !�i /w.f �s 1 r STYXET /Vt .:ETING To: Mayor and City Council ��``�� tt� !Frow: Michael P. Gaffron, Assistant Zoning Administ'l"P� F t RONO Date: April 7, 1988 Subject: i1253 B. John Lindahl, Jr., 1406 Bohns Point Road - Variance - Request for reconsideration (Site Plan Error) Exhibits: surve Exhibit A: Original submitted. Exhibit B: original site plan su hmittpd. Exhibit C: Survey with correct garage location in relation to lot line and house. Exhibit D: Applicants measurements from house. Exhibit E: Applicants letter of request. During the final stages of his preparation to apply for a building permit, Mr. Lindahl realized that the site plan he submitted did not coincide with the actual surveyed lot line along North Shore Drive. In fact, where the site plan :.howed the proposed garage located 18' from the property line along North Shore Drive, his survey placed the garage 18' from the i -�tual lot line rather than placing it in relation to the existing garage -.3 the applicant had intended. As you can see by looking at the exhibits, the location relationship between the proposed and existing garages is different on the site plan than it is on the survey. Exhibit A attached is the survey originally provided Exhibit B attar :d is the site plan as originally provided by the applicants landscape architect, and Exhibit C attached is the applicants revised sketch of the proposed garage in its actual proposed location in relationship to the existing house, which appears to be more accurately located on the survey than ! the garage. This leaves a street setback of 14' from North Shore Drive right-of-way, not 18' as was approved by the Council. Applicant states he nas now staked the garage in its exact proposed location. Since some of you may have relied on the incorrect survey in reviewing the application, staff felt it was apropriate to bring this back for Council's confirmation. (If you were previously on the site with Mr. Lindahl, he showed you the correct. props f E ' location, but the street lot line is actually 4' closer than was shown o► the site plan.) The Council has two options: A. Review the corrected information and approve the 14' setback (staff will amend the resolution). B.) Refer thir matter back to the Planning Commission for review at their April 18 meeting, with Council review then on April 25. STA.FP R MC'OMRl ODATIOD if Council feels their initial approval was barred on the correct perception of the garage location, staff wou 1 e` recommend option A. However, If you relied on the survey attached as Erx`iibit 8, which is incorrect, you may wish to choose option R. rT f- 0-)► of Roa CpL)r,41 j�c% w 9-/17-I3 zofo u . u 1 64 �14X y11w�1 v w ee ► �� 1 • SIX ',ftwcf 1 � ' E■;tiTIM�. ve6�IrlMtTiq� . < 41 4,k << LI tJ Qh A 14 l yo(, j„.o,,,vS PT' K17CAE14 >INI%6. Roo.^ GAR"L AoMavE pj RMCr� i vi N 44 My►�ci� � Lind,hl Resi6enco 1406 Bohns Point Road Request: An additional setback variance of 4 feet. On Monday (4 April), I staked out the perimeters for the garage which I had received a 17 foot setback variance from the City Council on 28 March. At this time, I became aware that there was a discrepancy between the Site Plan arid the Topography of approximately 5 feet. Examples: (1) The Site Plan pruposes a 48 foot drive from the edge of the dining room flower box to the front of the garage. The Topography calls for 43 feet. (2) The distance from the northwest corner of the existing yaraye to the property line is 28 feet on the Site Elan and 23 feet on the Topo. The Site Master Plan was drawn in January cf 1987 by a landscape architect, fc,,: the purpose of developing a workable driveway and landscape design. The plan was to work around existing mature vegetation, maintain the plant screening to the road, and minimize the impact of the project on xx7sxXxxxxxx neighbors. The Site Master Plan was then given to an architect In February of this year, for the purpose of designing a garye that met our needs and blended in with the existing house. The Topography was done in February of this year, at the request of the city, for the purpose of illustrating the proposed grade changes in the drive. When I requested the variance I had assumed that all data on the Site Elan was accurate. Conceptually, I am requesting the exact same Site Plan as I had proposed before. The yaraye would be centered between the two large bdruce trees (behind and next to the existing yaraye),and would not disturb the screening to the road. However, as a result of incorrect measurements, the garage will now measure two feet shorter in length (34x22). I have enclosed a Site Plan with the exact measure- ments to illustrate the changes. I apologize fur this mistake and huge that you find kkasm this new eroposal accepta:)le. B. John Linaahl, Jr. 471-0068 , ., JOCUA MiEfING APR 111�` To: Mark E. Bernhardson, City Administrator ;--041 Y DF VRJ U From: John R. Gerhardson, Public Works Director Date: April 6, 1988 Subject: Plans and Specifications, Woodhill Road Set assessment hearing date Attached for review and approval are the specifications for the upgrading of. Woodhill Road east of Orono Orchard Road. I have included only that part of the specifications for special provisions and specific requirements. The remainder of the specification is at the City Office for review if requested. As noted in the specification, the bid opening wil' be April 29, 1988 10:00 a.m. CDT. It is recommended that the assessment hearing be conducted at the same meeting as the bid award. In order to tabulate bids and allow proper time for Legal notice of the public hearing, the assessment hearing and bid award will have to be at the May 2<, 1988 Council meeting. Recomnter.dation to approve the Plans and Specifications for Woodh.i 1 1 Road and authorize the City Engineer to advertise for bids with a bid opening on April 29, 1988 at 10:00 a.m. CDT. it is further recommended that the assessment public hearing date he set for May 23, 1988 7:00 p.m. Proposed motion ...... :roved2nd to approve the Plans and Specifications for Woodhi_l Road and authorize the City Engineer to advertise for for bids with a bid oF_ning can April 29, 1988 and to designate May 23, 1.988 7:00 as the assessment hearing and ►yid award date. '110: Mayor and City Council FROM: Mark Bernhardson, City r,dministrat.o W . i Forwarded recommending approval. VOODHILL AVENUE STREET IMPROVEMENTS PROJECT 88-1 FILE NO. 1391 ORONO, MINNESOTA 1988 INDEX Index Advertisement for Bids Information to Bidders Proposal Special Provisions 2105. Roadway Excavation - Specif. �ments 2211. Aggregate Base - Specific ReG. ..its 2331. Plant -Mixed Bituminous Pavement - Specific Requirements 2341. Plant-MixeL: Bituminous Pavement - Specific Requirements 2357. Bituminou, Tack Coat - Specific Requirements 2575. Turf E:tablishnent - Specific Requirements Conditions of the Contract I hereby certify that this plan and specification vas prepared by we or under ray direct super -vision and that I am a duly Registered Professional Engineer under the lava of the State of Minnesota. Glean R. Cook, P.E. Datet.- March_24, 1988___ Peg. No._.__9!•51 OR1393♦ ADVFRTISFME!IT FOR BIDS Sealed bids will be received by the at 1335 Brown Road South, until at which time they will be publicly of all labor and materials and all City of Orono, Minnesota 10:00 A.M., C.S.T. on opened and read aloud for the else riecessary for the following: in the City Hall furnishing YOODHILL AVENUE - STREET IM:ROVEMENTS - PROJECT NO. 88-1 1,000 Cu.yds. Common Excavation 2,200 Tort Aggregate Base 440 Ton Bituminous S+irfacing Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, Orono, Minnesota, and at the office of Bone- stroo, Rosene, Anderlik 6 Associates, Inc., Consulting Engineers, 2335 N. Trunk Highway 36. St. Paul, Mn. 55113. Each bid shall be accompanied by a bidder's bond naming the City of Orono as obligee, certified check payable to . . Clerk of the City of Orono or a cash deposit equal to at least five percent (5I) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council rese_es the right to retain the deposits of the three lowest bidders for a perir.d not to exceed 30 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them '`rom the office of Bonestroo, Rosene, Anderlik 6 Associates, Inc., upon payren*- of a deposit of $30.00, all of which will be refunded to all bona fide bidders, providing said plans and specifications are returned in good condition within fifteen (15) d.,ys after the date set for the opening of bids. A bona fide bidder is one who actually signs and submits a bid. No money will be refunded to any person who ohtains plans and :specifications and does not submit a bid to the Owner. The City Council reberves the night tc reject any and all bids, to waive ir- regularities and inforaalities therein and further reserves the right to award the contract u• the hest interests, of the City. Mark Bernhardson city of Orono. Minnesota OR13934 INFORMATION TO BIDDERS 1. BID PROCEDURE: Each Contractor has been furnished a specification, plan and two extra proposals. In submitting his bid, the Contractor shall bid on the separate Proposal designated "BID COPY" and not in the specification book._ A sealed envelope shall contain the Proposal. 2. PLAN DEPOSIT: A. Prime Contractor; A Prime Contractor may obtain one set of plans and ipulated in the Advertisement for Bids. specifications for the deposit as at All of the deposit shall be returned if the Prime Contractor submits a bona - fide bid and returns the plans and specifications in good condition within 15 days after the date set for opening of bids. A Prime Contractor is defined as a general contractor who submits a bona - fide bid or an electrical or mechanical subcontractor who provides a complete sub -bid to more than one general contractor. The general contractors receiv- ing a quotation must be named by the subcontractor with the return of the plans and specifications to be eligible for deposit return. A bid for equip- ment or material only is not considered a complete sub -bid. Prime contractors may obtain more than one set of plans and specifications if necessary, however, no refund will je given for these additional sets. B. Material Suplilier: Any material supplier may obtain one set of plans and specifications f;r a deposit as stipulated in the Advertisement for Bids. One-half of this amount will be returned if the plans and specifications are returned in good condition within 15 days after the dare set for the opening of bids. Successful low material suppliers who notify our receptionist within five (5) days after the bid opening mav retain their plans and specifications and one-half of their deposit will be icturned. Individual drawings and sections of the spe.:ifi.ations may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and twenty Five Cents ($0.25) per sheet of specifications for which no refund shall be made. C. Plan Deposit Refund: NL deposit refund shall be made for plans and specifications returned less than forty-eight (48) hours prior to bid letting hour if the Contractor does not submit a hid. 89A 7/85 SPECIAI. PROVISIONS 1. PROJECT DESCRIPTION: This project provides for the grading, gravel base, and bituminous surfacing on Woodhill Avenue. 2. OGNER: she City of Orono is designated as the Owner of the project. All work shall be on public right-of-way or easements obtained by the Owner. 3. COMPLETION DATE: The contractor shall start work within 15 days after award of the contract and complete the project by July 15, 1988. 4. LIQHIDATED DAMAGES: Liquidated damages as specified in the General Condi- tions of the Contract shall be One Hundred Dollars ($100.00) per calendar day. 5. SPECIFICATION REVISION: Where the Minnesota Department of Transportation specifications are referred to herein and where a reference to the word 'State' is mentioned, it is understood that the word 'Owner' is substituted. All reference to the wvzd 'Engineer" shall be interpreted as the Engineer for the City of Orono. Minnesota Department of Transportation Specifications for Highway Construction, 1.983 Edition and revisions thereto shall apply except as noted herein. 6. TRAFFIC. Traffic: control shall be the responsibility :)f the Contractor. All flagmen, barricades, flares and safety measures are the sole responsibil- ity of the Contractor. Flares ar approved flashers shall be required from sunset to sunrise in the areas under construction. The contractor shall re- view barricades and signing placement with the Engineer. Traffic control shall be incidental to the construction. 7. SCALE: The Contractor shall provide the necessary scale and scale person for weighing the items furnished on a ton basis under these specifications. The scale setup is subject to the approval of the engineer. The necessary weights used in testinK the scale shall be provided by the Contractor. 8. SOIL CGNDITIONS: All Contractors are advised to inspect the entire project area and verify soil corditicny to their own satisfaction prior to submitting a bid. 9. WATER: Where uatet is required n the work specified herein, it shall be provided by the t .vitractoL . No payment will. be made for water placed on the project. It shall be con- aideted incidental to the aggregate base construction. 10. UTIL,I;TU5_. Known •.:ndergsound utilities are shown on the plans. It shall be the responsibility of the Contractor to check with all utility companies to determine the exalt locations of all utilities within the project area. SF•-1 OR13934 11. TESTS: All material tests required in the specifications shall be paid for by thN City of Orono. This does not eliminate the Contractor's responsi- bility of assisting the Engineer by notification of pit and scale location end other correlated items in advance of the starting time so that adequate con- trol measures can be established. Test failures shall be rete3ted at. the Contractor's expense. 12. DRIVEWAYS: driveway replaceme:t is required on Yoodhill Avenue as a part of this project. Driveways shall be replaced to the existing surfacing as directed by the Engineer. Bituminous driveway replacement shall consist of a minimum of 3 inches of asphalt pavement and o inches of Class 5 gravel base. Payment for bituminous driveways shall be on a ton basis. The Class 5 gravel base shall be paid for on a ton basis. The con- tractor shall be required to saw cut or jack ham:jer a square edge across the existing bituminous driveway. Payment for 2341 bituminous material for drive- ways shall include bituminous material for mixture, joint sawing, compaction and all other items incidental to the complete driveway surfacing. 14. PROPE_RTI ACCESS: The Contractor shall provide access to each property owner as much as practical during construction. The contractor shall work out an acceptable schedule for access with the City Public Works Director. 15. GEOTEXTILY STABILIZATION FABRIC: A stabilization type geotextile fabric shall be apiead over the su:,arade onrHoodhill Avenue prior to placing the gravel base. O113934 2105. ROADWAY EXCAVATION Specific Requirements 2105.0. SPECIFICATION REFERENCE: Section 2105 of the State of Minnesota De- partment of Transportation, 'Standard Specifications for Highway Construc- tion', 1983 Edition, and all amendments thereto, shall apply except as modi- fied or altered in the following Specific Requirements. 2105.3. CONSTRUCTION REQUIREMENTS: All excavation and embankment construction shall be to the line and grade as staked by the Engineer. The excavated materiel shall be used to grade the boulevards as directed by the Engineer. The boulevard areas shall be filled to a point three inches belov the final grade as shown on the typical Rection. The boulevard area shall be left level and free from rocks, clods and other debris. The contractor shall provide topsoil borrov for the project. The topsoil shall not be placed on the boulevard or ditch area until the fine grading approved by the Engineer. The contractor will be required to grade the die slopes as incidental to the topsoil borrow. Excess material from the roadway excavation shall be disposed of along Woodhill Drive as directed by the Engineer. The excavated material will be used to grade and flatten ditch slopes between Station 3+00 and Station 6+00. The contractor will be required to grade the disposal areas as directed by the Engineer as incidental to the excavation. 2105.5. BASIS OF PAYMENT: Common excavation shall be paid for on a cubi- yard basis as determined by cross section measure. Topsoil borrow shall be paid for on a cubic yard basis (compacted volume) compacted in place. OR1l931 Copyright 198E Donestroo, Posene. Anderlik 6 Associates, lnc. 2211. AGGREGATE BASE Specific Requirements 2211.0. SPECIFICATION REFERENCE: Section 2211 of the State of Minnesota, De- partment of Transportation, "Standard Specifications for Highway Construc- tion", 1083 Edition, and all amendments thereto, shall apply except as modi- fied or altered in the iLlloving Specific Requirements. 2211.2.1. AGGREGATE: Aggregate material used for this project shall be in ac- cordance with Mn/DOT Section 2211 -or Class 5 gravel base (1001 crushed) or for Class 3 aggregate base. 2211.3. CONSTRUCTION REQUIREMENTS: The subgrade shall be inspected, checked, and approved by the Engineer prior to placement of aggregate: base. The aggregate base shall be compacted by the method called 'specified density' to 100I standard density in accordance with specified density requirements. Driveways shall be regraded where necessary as directed by the Engineer. Six inches of Class 5 bhall be placed or, all driveways. 2211.4. METHOD OF MEASUREMENT: Aggregate base Class 5 used on this project shall be measured by weight in tons of material deposited on the roadway as required by the typical section shoM:t on t'...: plans. 2211.5. PA:,IS OF PAYMENT: Payment for aggregate base Class 5 shall be by the ton compacted i;.place. Vhere, in the opinion of the Engineer, aggregate base is being wasted, deductions in the quantity of base for payment purposes will be made on the basis of 110 pounds per square yard inch of thickness. OR13934 Copyright 1988 3onestroo, Rosene, Anderlik i Associates, Inc. 2331. PLANT MIXED BITUMINOUS PAVEMENT .�pecific Requirements 2331.0. _S_PECIFICATION REFERENCE: Section 2331 of the. State of Minnesota, Department of Transportation, "Standard Specifications for Highway Construc- tion", 1983 Edition, and all amendments thereto, shall apply except as modi- fied or altered in the following Specific Requirements. 2j31. DESCRIPTION: This work shall consist of the construction of a plant mixed base course over aggregate base. The bituminous base course shall be lh inches in compacted thickness as shown on the typical section. 2331.3. CONSTRUCTION REQUIREMENTS: The base course shall be compacted to 95Z of standard marshall density. The contractor shall be required to saw cut any driveways or streets where the new surfacing will match existing bituminous surfacing. The contractor shall remove material as directed by the rigineer to provide a smooth transition between th- existing surface and the new surface. The saving, removal and disposal shall be incidental to the placement of the base course. 2331.3.4. PROPORTIONING_ The perLenlagL of weight of bitumen is estimated at 5h percent for the baae cours. 0113934 Copyright 198! Eonestroo, Ro►ene, Anderlik i Associates, Inc. 2341. PLANT MIXED BITUMINOUS PAVEMENT Specific Requirements 2341.0. SPECIFICATION REFERENCE: Section 2341 of the State of Minnesota, De- partment of Transportation, 'Standard Specifications for Highway Construc- tion', 1983 Edition, and ali amendments thereto, shall apply except as modi- fied or altered in the following Specific Requirements. 2341.1. DESCRIPTION: This work shall consist of the construction of a plcnt mixed wear course over a bituminous base course. The wear course shall be 1-1/2 inches compacted thickness as shown on the typical section. The contractor shall saw cut all existing bituminous driveways to provide a smooth transition from the new surface to the old surface. 2341.2.1. mate: Aggregate material used for this project shall be in accordance with Mn/DOT Section 3139 (BA-1). Driveway mixture shall. he modified to required 100Z passing the 5/8' sieve. 2341.3.2. Proportionink• The percentage of weight of bitumen is estimated at 6.51 for the wear 'nurse.. 2341.3.3. Treatment of Surfaces The bituminous base course shall receive a tack coat +of 0.05 gals,Isq.yd. prior to placement of the wear course unless otherwise directed by the Engineer. 2341.6, BITUMINOUS SPILLWAY: To be placed as directed by the Engineer. Payment shall be made �,n the ton basis under 2341 bituminous wear. OR11934 Copyright It" Ronestroo, Rusane, Aa-derlik 4 Associates, Inc 2357. BITUMINOUS TACK COAT Specific Requirements 2357.0. SPECIFICATION REFERENCE: Section 2357 of the State of Minnesota. Department of Transportation, 'Standard Specifications for Highway Construc- tion," 1983 Edition and all amendments thereto, shall apply except as modified or altered herein. 2575.1. DESCRIPTION: This work shall consist of treating the bituminous binder surface prior to placing the weaving courses. 2357.2.1. Bituminous Materials: Bituminous materials for tack coat shall meet the requirements for Mn/DOT Specification 3151 f-- RC 70 or RC 250. 2357.3. CONSTRUCTION REQUIREMENTS: The tack coat shall be applied to the existing surface at the locations as shown on the plans. The rate of application of the tack coat shall be as directed by the Engineer, but not greater than U.05 gallons per square yard. The surface to be coated shall be dry at,d free from all foreign material prior to the application of the tack coat. 2357.4. METHOD Or !!FA UREMENT: Bituminous material for tack coat will be measured by volume in gallons at 60� F. 2357.5. EASIS 0! PAYMENT: Payment for bitumincus materials used for tack cost shall be compensation in full for all costs incidental to the furnishing and application. IT;.M NO. ITEM UNIT 2357.502 Bituminous Material for Tack Coat Cal. : a:1j9�• Copyright 1960 somostroo, Rosene. Anderlik i ♦ssocistes, Inc. 2575. TURF ESTABLISHMENT S ecific and General Requirements 257.'.U. SPECIFICATION REFLRENCE: Unless otherwise noted or modified herein, all sections of Mn/DOT Specification 2575 shall apply. 2575.1. DESCRIPTION: All disturbed .seas within the project shal' be seeded. 2575.2. MATERIALS: A. Seed: Mixture 5 shall be used. E. Fertilizer: A commercial grade specified as 12-12-12 shall be used. F. Mulch Material: Type I mulch shall be used. 2575.3. CONSTRUCT -ON REQUIREMENTS: A. General; The contractor is cautioned to salvage all available and suit- able� topsoil from the project site for respreading on areas to be restored. The contractor shall place a minimum of 3 inches of `opsail over all areas to be seeded or nodded. C. Applying Fertiliser. Fertiliser shall be applied at the sate of 400 pounds per acre over all seeded areas of turf establibhmcnt. D. Sowina Seed: Seed shall be applied at the rate of 50 pounds per acre over all disturbed areas designated for seeding. Seeding shall be done as soon as possible after finish grading has been completed. E. Agp�jin MqJch: Mulch shall be disc anchored into the soil. The anchor- ing equipment shall be operated in a general direction at right angles to the direction of surface drainage wherever practical. Mulch shall be applied on all seeded areas of turf estatlishment. H. Mainten4nm The contractor shall be solely responsible for replacesfent and/or repair of any seeded area that may vash-out, erode, or fail to grow prior to acceptance with no additional cr,mp�,nsation therefor. 2.575.5. BASIS_ OF P,fMENT: The sod as bid in the proposal shall include 3 inches of topsoil. The seeding as bid in the proposal shall include se-J mulch, fertiliser and grading. The topsoil on the seeded areas shall be for by the cubic. yard (CV) compacted in place. C(,,%q--lght lose ! Sawatreo, eoaene, ♦nderl it e Associate*, Inc. CONTRACTOR TOTAL BASE BID PROPOSAL FOR NOODHILL AVENUE STREET IMPROVEMENTS °RO.JECT 88-1 FILE NO. 13934 ORONO, MINNESOTA 1988 OPENING TIME: 10:00 A.M., C.`B,.T. OPENING DATE: Friday, April 29, 1988 Honorable City Council City of Orono Box 66 Crystal Bay, Minnesota 55323 Cc ntlemen. The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied a -he plans and specifications for the work in.:luding Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance wit:z the plans and specifications on file with Sour Clerk and Bonestroo, Risene, Anderlik I'd Associates, Inc., 2335 Y. Trunk Highway 36, St. Paul, Minnesota 55113, as foliovs: 50 Ea,i, Clear and grub trees @ DOLLARS _ CENTS $ i4'ach 300 Cu.yds. Common excavation @ __— DOLLARS CENTS $ ; cu. yd. 1,350 Sq.yds. Stabilisation fabric @ DOLLARS _ CENTS $ /sa.yd. S 500 Cu.yds. Granular borrow (C.V.) @ DOLLt.RS y ^ CENTS $ /cu . yd . $ P-1 OR13934 1,600 Ton Class 5, 100Z crushed aggregate base @ DOLLARS CENTS $ /ton $ 250 Ton 2331 bituminous base course p DOLLARS CENTS $ __ /ton __ $ 250 Ton 2341 bituminous wear course @ DOLLARS CENTS $ won S _ 30 Ton Bituminous material for mixture @ DOLLARS CENTS $ ton 200 Gals. Bituminous material for tack coat @ DOLLARS CENTS $ /gal. $ 20 Ton Bituminous material for driveway @ DOLLARS _ CF 560 Sq.yds. Sod with topsoil @ DOLLARS _ CENTS $ /sy.yd. $ .5 Ac. Seeding with mulch in place @ DOLLARS CENTS �_ /acre $ 250 Cu.yds. Topsoil borrow (C.V.) @ DOLLARS CENTS $ /cu.yd. $ TOTAL BASE BID ..............................$ The final amount o. _ie contract shall be determined by .'tiplying the final measured quantities cf the various items actually constructed and installed by the unit prices stated therefor, in the manner prescribed in the specifica- tions. However, the low bid.:er shall be determined by adding the sums result- ing from multiplying the quantities stated by the unit prices bid therefor. Accompc,nying this bid is a bidder's bond, certified check or cash deposit in the amount of DOLLARS CENTS ($ ) which is at least five percent (5Z) of the amount of my/our bid made payable to the City of Orono, Minnesota, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. P-2 OR13934 In submitting this bid it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the thres lowest bidders as determined by the Owner for a period not to exceed 30 dayr after the date set for the opening of bids. Respectfully submitted, (A Corporation) (An Individual) Name of Bidder (A Partnership) By Title _ Printed Name of Signer Address City, State i Zip Code Telephone No. P-3 012393♦ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. SOLUTION APPROVING PLANS AND SPECIFICATIONS ORDERING ADVERTISEMENT FOR BIDS AND SET ASSESSMENT HEARING DATE FOR WOODHILL RO..L WHEREAS, the City Engineer has prepared plans and specifications for the upgrading cf Woodhill Road; and WHEREAS, the City staff and Council has reviewed the ans and specifications for Woodhill Road; and WHEREAS, the plans and specifications meet with the staff and Council approval. NOW, THEREFORE BE IT RESOLVED, that the plans and specifications are heret;y approved and direct the City Engineer to advertise for bids for the upgrading of Woodhill Road. BE IT FURTHER RESOLVED, that the Orono Council does hereby designate May 23, 1988 at 7:00 P.M. as the assessment hearing and bid award date. Adopted by the Orono Council of the City of Orono at a regularly scheduled Council meeting April 11, 1988. James R. Grabek,�Mayor ATTEST: Dorothy M. Ha11Tn, City Clerk April 11, 1988 R :550 Cedar Ridge Road ..l�a Wayzata, Mn. 55391 Mayor Jim Grabek and '^j1%—.q r, Member of the Council o1i T airfu.- un Village of Orono Box 66 Crystal Bay, MN 55323 Dear Mayor and Council. Members: After living in Orono for 16 years, I am moving from Orono to a new home in Woodland. This is a big change for my family and me, and we will miss being a part of the Orono community. It is with regret that. I must resign my position as the Orono representative to the West Hennepin Human Services Planninq Board. My years on the Planning Board have been very rewardinq. I have had the opportunity to chair the Board for two of these years and to be very involved in the many ways that the Planning Board works to aid our neighbors and friend-, in Orono and the broader West Hennepin Community. One of the things that has most impressed me about West Hennepin Human Services Planning Board has been the involvement and dedication of the Board members and the many other volunteers who are involved with the Planning Board. In 1987, Board members donated over 8000 volunteer hours and our energy assistance volunteers donated over 9, , hours of service. The Planning Board is an essential communications between our communities, and Hennepin County, the s(_ a and even the Federal government as well as other key human services organizations such as the Un.!ed Way. This is a time of challenge for human services, and it is important to have citizen organizations such as West Hennepin Humer Services Planning Board there to assure that our citizen-- qet their basic human needs net. I have really r:herished and been enriched by my experience as a member of the Plannning Board, and I have been very pleased to represent Orono. Thank you for that opportune+.: Sincerely, Susan Morrison 4188.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato)o DATE: April 1, 1988 SUBJECT: Mobile Peddlers Attachment: A. Mobile Peddlers 3/23/88 B. 1957 Zoning Map C. Prosent 7,oning Map ISSUE COUNCIL WEE( G 1. Information regarding the ordinance interpretation APR 111986 CITY OF NuNo 2. The background on zoning information regarding the Paul Larson property 3. Issuance of the solicitatijn permit to Mr. Penke INTRODUCTION - At the Counci 1's March 28, 1988 meet i ng Council ieceIved-comments from aembers in the audience regarding the appropriatness of its solicitation ordinance together with the conduct of this particular peddler's permit in what is presently zoned residential. Based on the discussion at the Council meeting of the 28th the Council felt that an appropriate avenue to rectify the issue of a solicitor doing business on a residential piece of property was for the property owner to seek a rezoning of the property. DISCUSSION Issue tl - Ordinance RegQulation - Under State Statute Chapter 329,-the State requires the licensing of ^pddIers, hawkers and transient merchants by the County Auditor, but does permit the licensing and regulation of such by a municipality. The City of Orono did not specifically regulate such until the 1984 recodification. It had been staff's interpretation of that ordinance that anyone defined by the ordinance needed to be licensed. A review by the City Attorney however, felt that Mr. Penke's type of business is not regulated under the ordinance. While it may have been the City's intent to so regulate, the ordinance does not provide for that regulation. He would be required to get a license from the County Auditor and the issue of retail sales on residential property is separate from the licensing issue. Issue #2 - Zoning on Property - In a brief review of the property it appears that the northern portion of the area was in an industrial district with the balance zoned B-1 Commercial until January 1, 1975. The Council, at that time, chose to zone it with the 1./2 acre residential. The change in zoning to 1 residential was done in order to limit curb cuts and traffic generation on 15 that was anticipated if left as commercial. (This was a typical strategy of the Council at the time.) In light of this the Council may consider: A. Rezoning of the property although this may have an impact on the type of development that comes to the property between lots and Bayshire lots which were expected to be some type of low to moderate residential density. B. Leave as is. It would be staff's position that there needs to be a registrat.ion and awareness of these types of proposals and if the current ordinance doesn't require such, then it be so amended. This does not mean that the City should be in a position to discourage such activity. Whether it is regulated under City ordinance or not it does not prevent Mr. Penke's type of business from being licensed by the County. The issue of Mr. Penke's continued business on the site needs to be addressed. Because of the fact that the zoning is a new issue and Mr. Penke has been doing business on this site for three years, it may be appropriate that the Council action to continue it for at least 61 days pending the possible rezoning of the property. ALTERNATIVES - Issue 1. Ordinance Regulation 1. Acceptance of infor:ation from the City Attorney or ordinance interpretation. 2. Discuss what action the Council may want to take in relationship to the existing ordinance. 3. Direct staff to amend ordinance to govern peddlers and transient merchants. 4. Choose not to regulate, leaving regulation to County. 5. Table. Issue 2. Rezoning 1. Accept the information 2. Tahle for further consideration 3. Give a preliminary indication tr, the owner as to whether it is fruitful to undertake a rezoning or not 2 Issue 3. License Issuance 1. Issue a license even though the ordinance really does not require. 2. Table 3. Deny approval of the permit pending rezoning 4. Not require , Iic:ense but ensure he has a County issued license. R_E_C_O_M_M_E_N_DATION- 1.-It is recommended that the Council accept the information regarding the ordinance and that the appropriate ordinance modifications be undertaken for presentation at the April 25, 1988 Council meeting. 2 That the property owner undertake the appropriate rezoning. 3. Only require a permit if the ordinance is amended to so govern but ensure he has a County license. 4. If no rezoning undertaken by 15 June not permit further sales on residential property. PROPOSED MOTION - Moved by , seconded by , that the Council direct staff to revise the ordinance regarding peddlers in line with the Council's discussion on the matter. Ayes __ , Nays cc: Jeanne Mabusth, Zoning Administrator Melvin Kilbo, Police Chief Dorothy Hallin, City Clerk Al Penke aC � 32388.2 To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administrato 1).6 TING NG Date: March 23, 1988 VAR ;? 8 3t 8 Subject: M�uile Peddlers ITS OF pkigp Attr.--rtments - A. Petition - Soliciting and Peddlers Memo Dated 3/9/88 B. Ordinance No. 5.30 - Solicitors ISSUE - Consideration by the Council as to any additional action they may desire to take in the regulation of peddlers in the Community. INTRODUCTION - At the Council's March 14, 1988 meeting, the Council discussed a letter from Helen Skaret together with a petition that had accomr,:hied that from the various Orono business people. At that meeting, the Coureil. chose to take no action. The person who had sent the letter was unaware that it was going to be on the agenda and in a conversation subsequent to that meeting wondered when it would be considered. Based on the fact that they had not been contacted, it was indicated that it would be placed on the agenda again. DISCUSSION - As noted in Attachment A, this issue was discussed at. the March 25, 1985 Council meeting. Concern expressed at the time was that the individual had a right to be able to peddle under the City's ordinance regarding licensing of peddlers provided they committed no violations of the ordinance. Consideration of this matter from a zoning standpoint, however, has not previously been done. The individual has been soliciting on property that has been coned residential property (LR-IC-1) although it presently is used commercially as a non -conforming use. To the extent that the zoning ordinance does not allow for anything other than home occupations, which are not to show outside the home or road -side stands for produce grown on the property, it is an on -going business in an "established place" (refer to Ordinance 5.30 for the definition), and therefore would only be permitted in a commercially or business zoned area. To that extent, the individual could be licensed on an on -going bcis;;, however, they would have to change locations and get the permission of the property owner of a commercially zoned property to conduct his business. ALTERNATIVES - A. Pofi�_alternatives: 1. Leave ordinance un-amended. 2. Limit the peddler's license to number of days or number of renewals within a years time. Mobile Peddlers March 23, 1988 Page 2 of 2 3. Increase the fee for peddlers to compensate for the fact that _hey are not paying taxes on a commercial use. 4. Specifically, in the peddlers ordinance, restrict sales to commercially zoned properties if they go for a certain time period in a place. (This is probably not needed as the zoning code already would restrict that.) 5. Limit the types of sales that could take place under a peddler's license. B. Action: 1. Renew the license at a specific location only in commercially zoned properties. 2. Amend the ordinance to A rther restrict peddling sales. 3. Leave the situation at the r-urrent status --quo. RECOMMENDATION - It is recommended that any solicitor permits of an on -going business nature be limited to commercially zoned properties requiring permission of the property owner. At this time, however, the further limitations applied to the ordinance for at least this particular case (with the excepti(1 of limiting them to commercially zoned property for "on -going" businesses) are not appropriate as there have not been other problems related to the business and it is probably not appropriate to unduly lim.-t business competition. PROPOSED MOTION: Moved by , seconded by , that the Council direct staff that all solicitor's permits that are to be of an on -going nature are to be limited to commercially zones: properties, but at this time take no further actin on an ordinance amendment. Ayes , nays cc: Helen Skaret 3 9 8 8. 3 /�-- TO: Mayor and City Council FROM: John R. Gerhardson, Acting Administrator DATE: March 9, 1988 SUBJECT: Petition - Soliciting and Peddlers On March 2, 1988, the 'ity of Orono received a petition from local businesses requesting the City to review its soliciting ordinance. In particular the complaint is because of the "Rose Man" that is selling f lowers on County Road 15 across from the Calvary Church by Dunwoody Avenue. Also included is information from 1985 when this matter was brought to the Council. It was Counci l's decision at that time to not amend the ordinance as long as the person selling was complying with the ordinances. To date that person is still complying. For your information we have conducted a brief survey of neighboring communities and that information is included. Be advised that the construction of County Road 15 will most certainly restrict this type of activity for the summer of 1988. At this writting I do not know if any of the petitioners will be in attendance at this Counci) meeting. Recommendation - To review the material included and to advise staff of the Councils wishes on the matter. 3988.2 TO: John Gerhardson, Acting Administrator FROM: Dorothy Hallin, City Clerk DATE: March 9, 1988 SUBJECT: Survey of Neighboring Cities Re: Solicitors/Street vendors In checking with neighboring communities the following information is provided: MOUND - Ordinance regulating solicitors/street vendors is mainly concerned that traffic flow is not interrupted. (City Clerk stated Helen Skaret had contacted a Mound counci lmember regarding the "Flower Man" selling in Orono. SPRING PARK - No ordinance. Persons wishing to sell are referred -to Chief Kilbo. LONG LAKE - Ordinance requi-es permit and vendors are require? to have an established ,lace of business, such as owned or leased property within 2 miles of the City. MINNE_TONKA BEACH_ - No ordinance. Their policy is to tell persons to submit a request in writting to the Council. To date no one has submitted a written request. Council would review each request on a case by case basis. MEDINA - Ordinance states solicitors muss be licensed. To date City has never issued a license. MAPLE PLAIN - Ordinance regulating food vendors only. Discount Flowers also cells in this City and there have been no complaints regarding his business. iy 471 R4o9 4,Yl0:floote/rne eiae Ax _ MAR 2LIW�8 i February 28, 1988 Yembers of the Oronc Council: Thic letter is in regards to Urono•s mobile, business person. ie "Rose Peddler", who has taken up residency in front of the local Ice House across the street from Calvary Memorial Church, one mile from my shop. Are we such a lar6a community that people can support local small business plus local peddlers? I think not. Would any of you like to stare your paycheck with him? starting a business mean an investment of thousands of dollars, many Ran hours of labor, permits for signs, building permits, adequate parking, employing people, paying taxes, donating to all community projects, e.c, etc. This person, not even living in the comrr.%inity, is allowed to move in with a truck, hang out cardboax. signs, while customers park on .he highway --no taxes and all for ;,12J.00 a year...*rat a deal 1 Is this the kind of community and business you are luoking for? I think this is unfair and would like to bee something done about it. Si 1 . Ken & Helen Skaret . LOWEP.S BY HELE N M f I.� . eD A familiar site Al Penke, pictured here with his Lavender 'Roses' tnxk, has sold roses and camairons from the truck for almost three years. His moveable shop is open year round on County Road 15 in Navarre, iy .Nro. n //j th,tin d,. Ninn. S.s.ir4 471 R4n9 LOCAL BUSINESS MN AGAINST FEDDLING ON STRUTS IN ORONO fv %( CC EMAL-tiS 11 —De:ruA-%AP �� -4- -IL& lj,d A-k &.., �i, /ng.. ry►tvtt J i i a0 1 1 X/owts �Y.7fern 4.Y/o .rf'�i ltwiite 9ti«e W r 117 16"Cend,.. Minn �� t t yr u�{UIYU F 4�l-8409 01., '1'lll: 01iONO COUNCI I. Ml-'ETI NG 1HA,U MARC11 l 1 , 19115. 115. PACE l ATTLNUANCU 7:00 PM The Orono Council met on the above date with the following members present: Mayor Butler, Counc.lmembers Frahm, Tim Adams, and Lynn Adams. Councilmembe-: Grabek was absent. City Attorney Radio and City Engineer Cook were also present. Building & Zoning Administrator Mabusth, Public Works Coordinator Gerhardson, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. Planning Commission Chairman Call.:han was also present. CONSENT AGENDA* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the Consent Agenda*, with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk's office. Motion, Ayes (4), Nays (0). APPROVAL OF MINUTES* Councilmember Frahm moved, Councilmember T. Adams seconded, to approve the regular Council minutes of February 25, 1985, as submitted. Motion, Ayes (4), Nays (0). ►,APPEARANCE HELEN SKARET ,OWERS BY HELEN Helen and Ken Skaret were present. Helen Skz.ret explained that she owns the f lower shop in Spring Park and is opposed to the sclitors license issued by the City to a peddler that sells flowers on the street corners. Skaret felt that the City shouldn't want peddlers cluttering the streets selling their products. Skaret states] that the peddler puts up ce.rdboard signs %,:hich clutter the streets. Mayor Butler explained that the solicitor went throuoh the City's normal procedure in applying for the solicitor's license. Butler noted that at the time the solicitor applied he did not state the location where he would be selling his flowers. Butler stated that the solicitor is allow-d a piece of the free enterprise system too. Butler stat hat if the solicitor is using signage, that he should be required to acquire a temporary sign permit. Councilmember T. Adams stated that the time limit on the license should be shortened. Councilmember Frahm suggested raising the fee charged for the solicitors application. Mayor Butler asked staff to ask other cities how much they charge for solicitor's licensers and what the time limit is on the licenses. Butler stated that CounciIwould discuss this issue further on March 25, 1985, after the additional information is received from staff. Butler directed .staff to draft a letter to Helen Skaret informing her that the Council will be discussing the issue again on !larch 25, 1965. MIIIUI'li- U1. 1'lil: OIZO140 COUNCII, MEETING 11I.3,1) MARCH 25, 1985. PAGF 2 CONSENT AGI.'tJUA* Police Chief Kilbo asked that the Blue Bell Salicitor's License be removed from the consent agenda item 919. Mayor Butler moved, Councilmember Frahm seconded, to approve the Consent Agenda*, subject to item 119 being removed, with all staff reports concerning these items to be attached to an original copy of these minutes on file in the City Clerk's office. Motion, Ayes (4), Nays (0). APPROVAL OF MINUTES* Mayor Butler moved, Councilmember Frahm seconded, to approve the regular minutes of the Orono Council meeting held March 11, 1985, as submitted. Motion, Ayes (4), Nays (01. APPEARANCE BY AL 6 MAi2GO PENKE - SOLICITORS LICENSE Al and Margo Penke were present to discuss their solicitor's license application to sell cut flowers. Al Penke stated that his current solicitor's license expires next week and he is here to renew the license. Penke stated that he learned about the complaint from Flowers by Helen through the newspapers. Penke explained that the newspaper articles made him look like the bad guy when all along he has complied with the City's ordinances. Penke stated that he did not know that he needed a temporary sign permit and will rer..ove the signs. Penke felt that the complaint from a Sp) ing Park business owner should not have any bearing on the Orono business person just because he is creating competition for the Spring Park business. Penke stated that his own competition is Tyra's market. Maroc Penke stated that their business is like a European Flower Market. Penke stated that they have been doing business in Maple Plain and Cokato and have never had any complaints. Councilmember Grabek moved, Councilmember L. Adams seconded, to approve the solicitor's license for Aland Margo Penke to sell cut flowers for 60 days. Motion, Ayes (4), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT Jo Ellen purr was not present and there was no Lake Minnetonka Conservation District Report. PLANNING COMMISSION COMMENTS Chairman Callahan and Planning Commission member Rovegno were present. PUBLIC COMMENTS Police Chief Kilbo arkcd that the Council act on a limited firearms permit. Kilbo stated that a resident in having problems with raccoons. Kilbo stated that he just received the telephone call today. Kilbo stated that he reviewed the I irearms permit and :ov ,n't foresc,e any problcm!". i � �,:� +l ti',`t "• .�1��,:. �♦,. ,�, . �.�i fya 1 r♦' , itij� w .�' � t � �,,. • � i! nt_ � s\` :tr}, t� f` � ��� * ,L `'• ` .'�i „u�lr4rttl., r A1, • .. koj,. ..A lotETT0 MAR 2 51985 AMM pop RECUL.P l COUNCIL MXRT I NG SET FOR 14UWDAY r �MARCC S , 7100 T . M . 1 (') Aoter._k items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item• on the agenda. it(j Discussion will be held upon request.\ �. ROLL CALL ~I' • 1. 7100 P11 PUBLIC BEARING - community Development Block Grant Program 2. 8,00 PM PUBLIC HEARING - Vacation of Manor Circle ([ 3. CONSENT AGENDA* APPROVAL 07 KIN t , j •4. Regular Meeting of March 11, 1985 II r.,. S. Appearance by Al i Margo Penke - Application for Solicitors License PARR COIOQBSIOR COIOMPTS ' r LAKE MI><RETOR7LA CONSERVATION DISTRICT REPORT - Jo Eller Burr. Representative I PIJIMII I FG CooM I S S I ON CCKKK"S PURU C CO1003rPS SOMING ADIIIMI"RATOR'S REPORT 46. Memo on Status of Tree Removal on Property Located at 3135 Casco Circle 7. 1884 Richard Eller, 2655 Shadywood Road - Variance ; 8. /889 Eugene Nelson, Big Island Record Lots 416 i 022 - Final Subdivision - Resolution /J 1, r CITT OCI*EER'S REPORT 9, Arcep:. Sidr Crystal Bay Sewer Project - Resolution s fl 10. Set Assessment Procedures - Crystal Say Sewer Project 11. Assessment Nearing April 22, 1985 Orono Middle School - Resolution MATURIS REPORT 12. r,:: loyment - City Administrator CABLE TV REPO" ' t ,� TRARSPORTATIOf REPORT : .1 CITT ADW918TRAlOR'S REPORT y13. Bid Award Single Axl• Dump Truck �14. 1964 Polka Department Operations 615. Year to Date Estimated Revenues Compared to Actual Revenues as of December 31, 1981 r a16. Year to Datu Budget Appropriation Compared With Actual Expenditures 1 as of Dt -ember 31. 1984 �. ' 17. Non -Lethal weapon Revive Police Depart tnt Is. Cy Smythe Roport Salary i benefit Review City Orployeee Icpact of Proposed Salary Adjustments to 1995 Budget and Review of Annual Salary Adjustments 1977-1985 CITy ADRIiISTRAT011'8 I.i' 1"S AM KM= CITT A19FOJU <y'S REPORT , TO Jeanne A. Mabusth, Bcilding t Loninq Administrator lRo`Sr Thomas J. Jacobs, Building Official MAR 2 5 1985 DATES March 22, 1985 Ci .IF OWM8 SDBJECTz Application for Solicitation - Diaccunt Florers - A1 Penke 2 have reviewed this application and spoke with Kr. Penk". During our conversation, the following has been revealedi 1. Mr. Penke will be required to get a temporary sign permit unless his advertising is painted on the aide of his truck. 2. He does have permission to sell flowers from the property owner. ]. Mr. Penke ties been investigated by the Orono Police Department and approved for solicitation. At the lest Council ❑eeting, Council suggested that the 60 day license be shortened. This wauld require a change in the ordinances (attached). The Police Chief are myself will be looking into this matter cnd revising the ordinance as needed. Any suggestions are welcome. A � r .s a • f3 • r \7 S .1. r.r'.. br rIr •,� � ,��r� � 1 • j? 1 y+t' F+/►t �y,�� M iit'��y'�% �t•S'' I rlet C. qt 1 /4,9-.w -?-/9. lor'cnti• l:o. APPLICATION FUR SOIACITAT10N - S20.00 Ice D.,tc RCceJveo CITY OP ORONO Date Expires 1335 BROWN ROAD SOUT11 BOX 66 CRYSTAL BAY, MN 55323 Organi:ati Phone Address: Representative: Phone Set&- e Address: Check One: Business Solicitation Contribution Solicitation Number of Pecple Solicitating within the City _ _2_ Provide list of names of Solicitors on back of this soplicrtion. Type of Product to be solicited 1%t � : t PERMIT EXPIRES 60 DAYS PROM APPROVAL DATE. POLICE CRISP SMALL HAVE FIVE (5) BUSINESS DAYS IN WHICH TO INVESTIGATE AND MAKE A RECOMMZNDATION PURSUANT TO ORONO MUNICIPAL CODE SECTION 5.30 SUED 5(a). --------•-- ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS Subd. ). Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words 'Peddlers and Solicitors Prohibited' or 'Solicitors Prohibited'. D. It is unlawful for any solicitor to refuse to leave business premises when requested by she owner, lessee. or person in charge thereof. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in business solicitation without a license as herein provided. The undersigned hereby agrees to the conditions Quoted above 'rosy the Orono Municipal r^de and any additional r�%irements the City staff may have, Signature -of -Applica-.*: ! __-_-------- ----Date--- --►-w-__ FOR CITY USE ONLY: After review of application, staff recommends the follovingr Approval of application 1 of application Signature of City Official:' '11 ;1 Date: i `,W;-d! --1A • QI �'r , . .r NL . T�,ii t �� t f t jAo '�1 •c�'atii� �: �� r"�:! ��!. �Jiy 1 irk �� �. tY 1�'�• `�ti� . '; ` :� � � . .' v 1'• �. t, �., 1 [� j. � ;r 31 'y�; i ; !� l � i �1.�•I,� ''1'i ��;� . + .:ti�:i' '. k e f �t ...��A44444•iii___"' i ♦•r Y �.3 •,. r 1� Cr • �t �- 1 i � 1 l NAMES of SoL2c'TORS % i P Name: Ag+ 1 Name: Address: 1 Address: , -- -- Phone: fll 1 ; Phone: License No - License No. Neme: Name: Address: Address: pho')c: Phone: License No. License No. Name: dame: Address: Address: — ' Phone: Ptionc: Lifenso NO - License No. --"-- Nane: Name: Address: �J Address: _-- Fhone: Phone: License No. —" License No. Name: NaWe: ddress: _ Address: _ Phone: Phone: License No. License No• (11 additional names. please r.tt"Ch lis A. A '01�11 .0 1. cnv Ov 04000 CDaX46L MCEl" 0 0. flax " COkVWTAL SAY. Wed "S" Owl, pot hl Amount N? 16934 DOLLARS m . U IF [A rT, -7 -41m At A V § 5.30 SEC. 5.30. SOLICITORS. Subd. 1. Purpose. This � _ion is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The Council finds, however, that soli- citors have used public streets and their direct contact with residents of the City for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This Section is intended to ferret out and control: (1) businesses and organizations using solicitation as a means of concealing unlawful activities; and, (2) businesses and organizations which, though its activities be lawful or even com- mendable, use such illegitimate practices in sclicitation; and, (3) individual natural persons who, though they represent lawful busi- nesses and organizations, use such illegitimate solicitation practices; and, (4) businesses, though legitimate, which cause, or are likely to cause, a traffic hazard or other inconvenience or danger to persons or property. The Council further finds that a large number of the residents of the City are employed as their livelihood and means of support by manufacturing plants and other businesses on shifts rotating between night and day, and to disturb them during their sleeping hours for the purpose of solicitation is a source of nuisance or even harassment and should be subject to control. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Solicitor" means any person making the solicitation, including such common terms as "peddler", "transient merchant" and "canvasser". H. "Solicitee" means the person solicited. C. "Goods" means any tangible thing of value, but not including money, things in action or intangible personal property other than merchandise certificates or coupons as herein described. The term includes such chattels as are furnished or ,.ased at the time if sale or subsequently in the modernization, rehabilitation, r?pair, alteration, improveme-)t or constructi,)n of real property so as to become a part thereof whether or not severable therefrom. The term also includes merchandise ce tificetes or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lie -a of cash, in exchange for goods c services sold by such seller. D. "Services" means work, labor, or services of any kind. E. "EstahJjFMeI pla,,e" means real estate in the City owned, leased or w- _-.., _e.r —i a month -to -month or term-cer'sin longer than sixty (60) consecutive days. The term includes a booth, compartment, or area leased or assign—, durini and for the length of an event or occasion. ORONO CC 119 (4-1-94) $ 5.30 F. "Business solicitation" means an attempt by a solicitor, Engaging in transactions of the same kind, tc, sell or distribute for a consideration any goods or services primarily for personal, family, or household purposes, when either the solicitor or person acting for him contacts the solicitee by telephone or in person, other than at the established place of business of soli- citor, except: (1) an attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the business firm or organization he represents, and the iden- tity or kinds of goods, services or things of value offered; or, (2) an attempted solicitation in which the solicitee has first initiated the contact with the solicitor; or, (3) an attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the news- paper; or, (4) an attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor, when facts of such occupancy or cultivation are proven by the solicitor. G. "Contribution solicitation" means an attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him con- tacts the solicitee by telephone or in person other than at the established place of meeting, business, service, or activity of the organization represented by the solicitor, except: (I) an attempted solicitation in which the solicitee personally Knows the identity of the solicitor, the nam- of the organization he repre- sents, and the identity of the services performed or offered by the organization, or, (2) an att,2mpted solicitation in which the soli- citee has first initiated the contact with the solicitor or the organization represented by him. Subd. 3. Prohibited Solicitation Practices. A. It is unlawful for any solicitor to engage in solicitation for any unlawful business or organizational purpose or activity. B. It is unlawful for any solicitor to practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during "he course of solicitation. C. It is unlawful for any solicitor to enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the word "Peddlers and Solicitors Prohibited" or "SOliCitOls Prohibited". ail for any solicitor to ref ise to leave business preen; -se:. quested by the owner, lessee, or person in charge thereot. E. It is unlawful for any person to engage in contribution solicitation without completion of licensing or registration as herein provided. F. It is unlawful for any person to engage in businesr, solicitation without a license as herein provided. ORONO CC 120 (4-1-E ') § 5.30 Suhd. 4. Application. Applications for licensing or registration shall contain the name and address of the solicitor, the name and address of the business or org nizatici for which solicitations are sought and such other information as may reasonably bp required by the council as a condition to registration or licensing or to permit investigation into the applicant's background and past solicitation practices. Subd. 5. Investigation, Approval oL Disapproval. A. All applications ivr licensing or registration shall be immediately referred to the Chief of Police, and by him or other person acting in his stead, investigated as to the truth thereof, and as to any other factor which may result in a hazard or danger to ,arsons or property. Tl� Chief of Police shall have five (5) business days within which t.-3 investigate anJ make a recommendation thereon. B. If he finds no past history of the applicant indicating violations similar to those declared unlawful ir, this Section, and if he finds that to grant the application is not likely to result in a hazard or danger to persons or property, he shall recommend issuing a license or approving registration, as the case may be, and the City Clerk shall forthwith advise the applicant. The City Clerk shall issue a license, upon pi ,nt of the fee therefir, to the approved applicant for e s s solicitation, and shall approve the completion of regist , by the applicant for a contribution solicitor. C. If the Chief of Police finds a past history of the applicant indicting violations similar to those declared unlawful in this Section, or if he find,_ th.t to grant the applica- tion is likely to result in a hazard or danger to persons or property, he shall recommend denial of the license or r-�gistration. In all matters of recommended denial th- applicant shall be forth- with advised `._hereof, and the application shall be referred to the Council and considered by it at its next regular or speci,.1 meeting occurring more than ten (101 days there-fter. The applicant shall be afforded ar, opportunity to be heard such meeting. Subd. 6. Duration of c.,:,cribution Sollcitatio., Registration. Registration of conl,i.bution solicitation s',all expire sixty (60) aays after registration is approved. Soarce: City Code Effective Date: 4-1-84 (Sections 5.31 thir.ugh 5.34, inclusive, reserved fo, fit.:re expansion.) QN(')NO CC 1 2 1 4-1-84) h7lIT� •' a see ��• . 111 ,ONESTROO, ROSENE IADE4"" 1 ASSOC- WC- CpNSUII NK EMGIM F-RS Si hrl, mimes r lferti we `0 p,a nanca :N Da.a�M� 10•Sss ►a rrndta S' 16 1a16 Za9, alrl. :1. prd, name 1R5. 3Yne ;,.a ecnca ommman.r 1M1. �r�..e�'• 19K pia . a a• rw. .I, ��, rese Ord, &nCe ;Ob. 3801",l 9. 1 oyp ordnance 215. (klot .'6. 19"E 191 0rd,^an(e 71a. N-+r.t,ee 14. 191! -� iae oars ��. Moo 0,d"rA* 22A, 2, AN �� p,d�e"a 2SW wnwrt IIvS►_.` .T AREA DETAIL MAC NAVARR- REV1Ste_ N 0V FEB 15, 1981 SEPT. 15, t983 Al G 28, 1984 Apt �r,•_' nnoW� :r+w. # a ISbERG RIESENBERG CHELSETH 3nd A�,` .-,oTf cS I+NC• � Ut�V0. MEHIGG rj APR 1119c'8 To: Mark E. 1�ernhardson, City Administrator CITY OF UGG" From: John R. Gerhardson, Public Works Director Date: April 7, 1988 Subject: Driveway Access Easement - 2673 & 2655 Pheasant Road and 2615 Shadywood Road Recently the City received a request from Dallas Messer, 2673 Pheasant Road for a driveway easement over City property. Currently the Messers and their neignbor at 2655 Pheasant Road are using the City property for driveway access to their property. I suggested that if we are to approve one access, we should approve both at the same time, eliminating fut•ire review and expense. The Messers have agreed to this and are therefor— submitting two easement documents for approval. We have also received a request from the resident at 2615 Shadywood Road for legal a cess to their property over the same City property, as their rear yard ' adjacent to the City property. The City currently has sanitary sewer pipes in the 4n' strip which sewer pipe serves all of the above properties. The residence at 2615 Shadywood Road has r^cess from Shadywood Road. Recommendation: To approve vehicle access over City property for 2673 and 2655 Pheasant Road and to deny vehicle access over City property for 2615 Shadywood Road. Proposed motion moved 2nd to approve vehicle access over City property for 2673 and 2655 Pheasant Road and to deny vehicle access over City property for 2615 Shadywood Road. To: Mayor and City Council ilQ) tROMs Mark E. Bernhardson, City Administrator Forwarded recommending approval subject to their payment of all cit•- legal costs. The denial for access of 2615 is that t'-ey have legal acc ss on Shadywood and would probably need to he treated a through lot i' doubl� accesses. N 1.%419 dt � itil— •off � / t Ilk 00, 40* L ( � '•: N �/ $1 art ram' \ • /1 � `�,� / L 1 *. \, ✓, Sri N !. � � � • jjr- , • w h Jlrlr Ohs + , •f _ 1 j�71 ` _ 1�17 • " •h , yfyhl _ •?r,�� Aii ?� •s.� •��o�% +� • S1N9/�N dd9 • p _ �' L- • �i;}' � tip• i�:• As Oki .4 c 7yp 2�'Llt l`O2 0 3 S Pi OZ i /i z 3 t s 0000' DEED OF APPURTENANT EASEMENT THIS INDENTURE, made and entered into this day of , 1988, by and between the City of Orono, a Minnesota municipal corporation, Grantor, and Dallas C. Messer and Virginia G. Messer, husband and wife; and David Cookson and Anne Marie Cookson, husband and wife, Grantees, WITNESSETH, WHEREAS said Grantor is the owner of that certain tract of land in the County of Hennepin, State of Minnesota, described as follows: That part of Lot Five (5) lying Northerly of the line drawn parall,t to, and Forty (40) feet distant Southerl} from the Northerly line of said Lot Five (5), "Pheasant Lawn", according tc the plat thereof on file and of record in the Office of the Registrar of Titles in and for Hennepin County, State of Minnesota. Subject to covenants and restrictions, etc., as contained in Deed Document Number 209388. and, WHEREAS, Dallas C. Messer and Virgir.a G. Messer, husband and wi.fe,are the owners of that certain tract of land described a3 follows: Lot Five (5), except the North Forty (40) feet thereof, "Pheasant Lawn", according to the plat there of on file and of record in the Office of the Registrar of Titles in and for Hennepin County, State of Minnesota, Subject to covenants, easements and restrictions of record, if any, which adjoins said land of said Grantor on the South, and WHEREAS, David Cookson and Anne Marie Cookson, husband and wifi, are the owners of that certain tract of land described as follows: Lots 1 and 2, and Lot 3, except that part thereof described as follows: Commencing at the Northwesterly corner of said Lot; thence Easterly along the Northerly line of said Lot a distance of 51.65 feet; thence Southerly to a point on the Southerly line of said Lot distant 50 fee* from the Southwesterly corner of said Lot; thence Westerly along the Southerly line of said Lot 50 feet; thence Northerly along the Westerly l-ine of said Lot to the point of beginning, all in "Pheasant Lawn", according to the plat thereof on file and of record in the Office of Registrar of Titlec in and for Hennepin County, State of Minnesota, - 1 - Subject to restrictions, covenants and easements of record, if any, which adjoins said land of said Grantor to the North, and WHEREAS, said Grantor and Grantees have agreed upon the easement hereinafter described: NOW THEREFORE, the said Grantor, in consideration of TEN AND NO/100THS ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants to said Grantees, their heirs and assigns, a permanent nun -exclusive easement for ingress and egress in, over, and upon, all of said land of said Grantor. TO HAVE AND TO HOLD SAID EASEMENT unto said Grantees, their heirs and assigns as appurtenant to their said land. IN WITNESS WHEREOF, Said Grantor has hereunto set its hand and seal the day and year first above written. THE CITY OF ORONO By STATE OF MINNESOTA j ss COUNTY OF HENNEPIN ) Its On this _ day of 1938, before me personally appeared _ the of the City of Orono, a !Minnesota municipal corporation, to me known to be the Grantor described in and who executed the foregoing instrument, and acknowledged that he executed the same on behalf of the City of Orono as its free act and deed. Notary Public County, Minn. My commission expires - 2 - N r 1 '19." it UHUM, Tot Planning Commission Chairman Kelley Plannirg Commission Members City Administrate: Bernhardson Front Jeanne A. Mabust!1, Building i Zoning Administrator Mary Jo Knott, Styptic i Zoning Aide Date: September 15, 1937 Subjects 11193 Thomr,s P. Huber, 2615 Shaiywood Road - Variance - P,bli: Hearing - Resolution Eoning !District - LR-1B Single Family Lakeshore Residential (1 acre) Application - Front line setback variance to install a pool in front of the front line of the hou:.e. Pertinent Facts Herccover Inventory 500-1,000' Total Area - 43,544.6 s.f. Existing - 8.452.9 s.f. (191) House - 2.040.3 s.f. Front Driveway - 1,465.0 s.f. Rear Driveway - 1,312.0 s.f. Side Access - 1,056.0 s.f. Sidewalk i Stairs - 224.8 s.f. Landscaping - 554.8 m.f. Proposed - 11.416.1 s.f. (26.2%) Existinq - 8,45i.9 s.f. Screen Porch - 306.0 it. f. Concrete Deck i walkways 1,542.2 s.f. Trell's - 468.0 s.f. Pump Storage House - 136.0 a.f. Redwood Deck - 336.0 a.f. Cabana - 175.0 s.f. Allowed - LS,240.6 s.f. (351) Variance - None Pertinent ordinance - Section 10.03, 'subdivision 9 (D) - Accessary Puildings Hardships - The roar yar9 townr(Im t' 1 mouth occasionally retains --ter as close as 60' rrom the hcume. The Interior layout of the h•.suse would muggemt that the Shadywond Road midw of the house im dhA,aned to be the back yawl. zoning File 11193 Septe+.+ber 15, 1987 Page 2 of 3 List of fthibite - Application Exhibit A - Exhibit © - Plat Map owners list Exhibit C - Property Exhibit D - Survey Exhibit E Plans- Proposed _ HardcoverDiagram Exhibit F Discussion - a fzo:�t lino setback vnriencertl The applicant is requesting house. The lot is approximately install a pool in front of the existing t'9he access from There are two accesses on this t- revel acre in sire. the arty end continues along Shedywood F.oad runty eTony the lot line to the west. This privy e feetThis rood leads to the garage about half road extents about ten rope into the prop entire west side of the property. way down ai on the left. The other access uses a portion of o{eroad orono. tc, the south le owned by the City located to the south. Just the gravel turn -around driveway is located on the lot to the south. The road estion could be made It serves as an extension f ^o a F Thealotnt Rhas.Cityssewer hook^d up from the to limit this lot to one ace southeast and City water connected from the north. um storage house. If The pool plr.ns meet the front and side porch andackse p (see Exhibit E). Par Plans include a screened P structures, then they also ne*� of the pool p will not these structures are considered accessory variances end need to be reviewed. The pool fence, as proposed, exceed 6' in height. Hardcover is at 27% in a zone that allows 35�' of the house suggests that the The interior and exterior layout yard. The Shadywood Road side of the house could be contaperceins eq the beck perimeter of the lot toward Shadlti+ood Roed contains vegeta•ion of trees end Poo plans will be transplanted on the tot. The shrubs and creates natural screening. All trees that will need to e remc•red to accommodate the p c wood Road to the rest Of the elevation difference of 20' cxints from h�dy Road - lot. This makes the pool and the fence otlACedbon the south Hide of the The proposecl pool plans could p without a verienc^• This woul() he near the Area that occnsionel y property floods during the spring and durinh somo storms. Recasendetion e setback variance to Staff rrcommend% npprovel of the front lin in"tell a pool i � J ontt f the h fro^ti herd"h nt line f tec,ihfi^di^q"tated et 2615 tihedyroo:l Road, ha 1, The rear yard town the "euth nccesionaIIy rCtnins wrier as Close 801 60' from the hour. Zoning File 11193 September 15. 1987 Page 3 of 3 2. The interior layout of the l_use would suggest that the Shadywocd i Road side of the house is designed to be the beck yard. 3. A natural screening surrounds the front yard and props ed pool area. 4. Shadywood Road is 20' lover in elevation than the proposed pool location. 1 5. Hardcover wi 11 not exceed 27♦ _ncludinq the pool plans in a 35% 1 allowable zone. 5. As of this writing, no negative comments have been received from I ne_ghbors regarding this variance application. Additional comments and Planning Cosssission Reccomendation October 7. 1987 The question of 2 accesses to this property is not an issue. Access from the southeast is v}a a 40' wide City owned parcel that contains municipal sewer lines and is not maintained as a public roadway. The o::ly j legal approved access to this property is from Shadywood Road. The gravel roadway within the a 40, wide Strip ham been informally developed by 1 neighboring property owners and the City as access road for m-tintenance purposes. Planning Commission recommended approval of the variance application per the staff recommendation noted abov The enclosed approval resolution has been drafted for Council's consideration and action. WAYNE i.POPMAM RAYMOND A HAIK ROGER W. SCHNOSR.:-H DENVER KAUFMAN ROBERT A. MIN16H ROLFE A.WORD(N O. MARC WHITEHEAD •RUC[ O. WILLIS FR[DERICK S. RICHARD* O. ROBERT JOHNSON OARY R. MACOMS(R R06E IT S. BURK HUGH V.PLUNKLTT,111 FREDERICK C. BROWN T MOMAS K. BERG JAMES R.4T(ILEN J AM E6 :. LOCYHART ALLEN W. HINDERAKER CLI►FORD M. GR[ENE O, WILLIAM KAUFMAN M ICHAEL O. FREEMAN HOWARD SAM MYER6.III LARRY D. ESPEL J ANIE 6.MAY(RON THOMAS J.:ARRETT POPHAM, HAIK,SCHNOBRICH & KAUrMAN, LTD 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 JAMES A. PAYNE TELEPHONE O. RANDALL BOYER DAVID A JONES Olt-333-4S00 •RIAN N. JOHNSON LEE E.SMEEHY TIMOTHY W MUCH ALAIN /RECON •[LE COPICR CAROL B SWANSON LESLIE GILLETTE 133161l-13♦-2713 BRUCE A, PETERSON MICHAEL T.NILAN 1311612-334-1761 JULIE A. SWEITZER ROBERT H. LYNN THOMAS C. MIELENMAUSEN THOMAS M. sIPKINS 1311 BI!-33•-ZB03 MICHAEL D_CM RIST(N 60N RO6(RT C. MOILANEN J. MICHAEL SCHWARTZ THOMAS/.NELSON TODD M. JOHNSON THOMASJ. RADIO SUITE 1400 JEFFREY P. CAIRNS DAVID L.HAs HMALL eROO SEVENTE/.NTH STREET LOUIS P. SMITH KATHLEEN M.MARTIN O[NVER, COLORADO s0=OR 6RUCE M. LITTLE JOHN-.CHILDS MARK F. PALMA DOUGLAS P.SEATON TELEPHONE 303-6:3-IMOO PUSSELL s.PONESSA THOMAS E. BANNER TELECOPIER 303-603-1194 BRYAN L. CAAWFORO RICHARO A. KAPLAN MATTH'�W C. DAMON :RUC[ :. MIPM[ETERI SUIT( 300 SOUTH JOHN I PROVO SCOTT (, RICHTER 9000 M STREET,N.W. ELLEN O ItPARKER PAUL J. LINSTROTH WASHINGTON, D. C. 20020 GREGORY, G. BROOK. SCOTT A. SMITH TELEPHONE t02-628-6300 WILLIAM M. OJIL(, JR. OONALO M. LEWIS TER RAMC[ A. CA•T[LLO ELIZABETH A. THOMPSON YELECOPIEM [0E-ORS-631B JOS .PN D. VASS KEITH J. MALL[LAND DIRECT DIAL NUMBER :RIAN W. OHM MARK :. PETERSON STEVEN A. CH[LESNIK 334-2549 April 4, 1988 GREGORY G. SCOTT ROSANN[ 0. ZAIDENWEB(R ROBERT C. CASTLE - THERESE M. HANKEL JULIE FL(MING-WOLF[ DEBORAH A. DYSON ZACH(RY M. .,ONES DENSON K. WHITNEY 14ATHRYN A. WALKER 0[ORG( J. SOCVA SHANE R. KELLEY SUSAN M. W[Is MARK F. TL'N EYCK DUANL R. NOECKER OF COVH:EL FRED L.MORRISON •ADMITTED 1N IOYYA -ADMITTED IN 1LLI.019 FDPC� C7 � Mr. John Gerhardson — --City of Orono �I I post Office Box 66 �'� - 6 �g87 Crystal Bay, MN 55323 t..a: City Deed of Appurtenant Easement/Messer Dear John% This letter is to recap our telephone conversation of Marc` 30, 1988, concerning the Deed of Apurtenant Easement document e- proposed by Richard Indritz, the attorney for Dallas and Virgiuid Messer. The property which is the subject of the easement is owned by the City an9 described as the North 40 feet of Lot 5, "Pheasant Lawn" in Hennepin County. The deed purports to grant an easement for ingress and egress from the City to Dallas and Virginia Messer to the Sol:th and -,)avid and Anne Marie Cookson to the North. It is my understai-ding that the City nas request:d that the owners of Lot 4 and part of Lot 3, "Pheasant Lawn," Th as and Nancy Huber, not he included in this easement since they already have access tn their property. The Hube-s are not mentioned as parties in the most recently proposed easement. The North 40 feet of Lot 5, "Pheasant Lawn" was originally deeded, by quit claim, to the City, from W,Altet and Selma Youngquist. The deed was dated December 6, 1949 and filed with the Hennepin County Rer7:stra- of Titles on December 13, 1950, as Do~ument No. 330196. We du ..ot have information to compare the legal descriptions as listed for the and Cookson propet-.ies for accuracy of descripti< n• Mr. John Gerhardson April 4, 1988 Page 2 The legal description of the *forth 4o feet of Lot 5, "Pheasant Lawn," as described in the easement, states the property is subject to covenants and restrictions as containei in deed Document No. 209389. This document, dated September. 17, 1945, granted Lots 1 through 27 "Pheasant Lawn" to a private property owner with several covenants and restrictions. These covenants and restrictions, although listed as a part of the legal description of the easement property, terminated January 1, 1975. The terming*ion date is stated in the same document no. 209388. A copy of the document is enclosed for your review. We concluded our discussion with the understanding that this is the easement draft which you wish to present to the City Council on April 11, 1968. Please contact me if you have further questions. Very truly yours, in F.\ Husnik ega'_ Ay�sistant NEH/jlp/4433j / cc: Mark Bernhardson T_:)m Barrett %`tea• a' Fargo . 1i-K _ U.M ' a t. ee.v.,.e� tear'K Tb(s 3nbenture, .each elide.... . _.htn.. ..__..._ d" of.... bttuas Walter R..YotaMq!�ist �M._.Selst�_le.YalwCOttiRO....iN.d.b�Rd, V. &..1VIP...... ... part les._._a/ Cho lost POK and...._ _. Csssis W' _G .nter._......._._»._...-----........... ....._.... ._ _._.._.-_..... .... _................. ....... ...................... ..._... .... ......... ...... _. __......... ...... ....... ..».__y of the Cowtsty o/....._....ttannapin...__.........._....__ _ . andstab of ............._ .... part y of the owmd part, ®itntgalb. That the said partial._------- of the.t"g part, ins coaeides,atiew of the tt.rn of One Dollar_ andoonaldmrsticn......._—_...- . ...... to. !. _..._.._......._».da hand paid by elu said party_..... .oJ the around part, the realpl whereof 4 hereby aeAneastedJ4 da_......... F4raby oranl, Bargfain, doll, and Convey Unto the said parr; _. of Cho second part,._h'ar.Aetrs and assi(ne. Forever, all the tract or parrot of land [yin( and botal to the County of. ..... _lan:opla t and State of Aflnnaota, dcecribod ae follows, touit: 14te one (1) to Twenty-seven (27) inolusive; Pheasant Lawn; according to the plat thereof on file "—`04 6ft f000rd in the office of the R*0Vtraref-Titlee in and fur staid County and State. Subject to the covenants and restr',t}ons hereinafter contained which covenants and restrict - Sons •:e for the benefit of Lots On (1) to Twenty sir (26) inotuai,re, in Pheasant Lawn. Hennepin County, itinrosota, and whi h rut with asid lots and alall be b'Ading upon all persons in any way own_n� cr ustine the same until January le 1975, at whian time they a li eerie and tornlnute. Sall -nants and rest -actions ray be enforoed by an"ye+ne owning or using any of the lots o-.dtainod^in Pheasant Lawn either by proceedings toten any violation or threatened violation of any thereof or for dstnafss caused by such ►iolation. If 8, of these a covennts or restrictions are held invalid by any court, the remainder thereof •hall neverthelese con- tinue in still force and effeat. No structure shall be emoted. placed, or permitto-1 to remain on •1.+t ether than oust single- family dwelling, costing not less Nan Seventy-fi*P Hundred DollarsFry #7500.00)e one private garage for not more tz.an three autos. and other structures as may be appropriate for the care, use, and enjoyment of the property. No building shall be moved onto any lot. No building on any lot shall have its walls covered with building paper or • halt roofing ex- oopt when such material is to be imeediatel covered by a finished surface oFmod/ fyriok, Zkomm stucco or .tone. So building an any lot shall be used •s a dwelling so long ae tM exterior thereof is unfinished. No trailer, basea,ent, tent, shack. barn or other outbuilding on any lot *hall ever be used as :emporary or permanent residence and no residential structure of a seasonal or temporary character shall be •rooted on any lot. po lot shall be used :-r the ioin-,, breeding or koopin6 of animals. fish or fowl te:oepptt Incidental bousehold pets) or for fur farming. commercial kennele. Run club •table, or in � objeotionable wanner whatsoever and no nuisance shall be maintained or permitted thereon. No person of any Moe other than the %ucasian race shall own. use, or oceopy any building or any lot except d.at this covenant shall not prevent ooeuponoy by domestic e.rvaats of a Al,^#tent race doalciled with an owner or t:Ju,s ,'Co Wabe anb to kotb the Saint. Tc(ether w'uh all the hereditamasto and : npu.rtsn&Aow LAW* unto Mtonti, f o- in anyuue apperiaiw,n(, to else said part y of the seeetad pa.t............ i11f..__.__.. hei,s and rueitne, Forever. And theselt.......Aalttlr...As YQ%A"TjJsS...nr.�!_SIVA, .R+ iouAe'quisti husbandand *ita.__.._._.....___.._.._..._._».»__...._..._.....-_.__......___...-__-.__.._..---_. .. part its cf the fint part, for _.....theatilt'f.be_th01L»_.....Mire, s:eevatorw a" adndnestrotars. do oo-meat with the said pare Y of the second pars$. Ler ___.. . . heirs and ossi fat, that t ht y have nrt made, done, sxeewseds red any ad or t.idad w�hatec. sit, uherrby the abbwo darribed prrmisse cr any part elvereof, now, any time h-realimr, shall or .nay he imperiled. cha,(ed er inoumt,ared in any manner w•hatsoe., _._ __....__.._..._....____._ .._. _.__..._---.._._... and the ul!. to the abot• (Vented premtess a(ainei all persons t.,u'fut V tAe NM femme, thswu(h, or wader .hem . ttotpt Hems. if any, hersiwbeJnne mrnttonrs, /mr$»:ll..._..... . of ohs lust part wall R'a.—unt end De/tad. Sip "(VAN? 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'�,. •,� �� , r� � .�; r•� : t ,. +� fit.. _ tim.1v IPA Awl ��.',.:lC �' ���.itiT. q� Wtr� '�� � �• i»;a;tlal r.l. .11�'S • '�� "'�� at :V)1{ a l L •. 1 ' i 4 � � � � � pit • - _ .__ _: -3EED & POND, LTD. ATTORNEYS AT LAW 5A24 110REL04E BLVD P. O. BGP, 9 MOUND. MINNESOTA 5`_•E40009 PHONE (612) 472-W-22 ROGER W. REED PAUL L °OND GREGORY S HAU E WCHARD It th i Z March 31, 1988 K+Y L DUNN Legal A &,S1ar4 Mr. John Gerhardson Public Works Director P.O. Box 6G Crystal Bay MN 55323 RE: Easement request Northerly 40, Lot 5, "Pheasant Lawn" Thomas P. and Nancy Huber Dear Mr. Gerhardson: Mr. Huber has regsested that 14 seek council approval for an easement for ingress and egr Across the above -described city propertv for access to ni: se. We have discussed this matter brief)''- , 'fore, but I w- t be conta;• ing you shortly for additieinul information.: 1 would appreciate it if you would put this matter on she agenda for the April 11, 1938, council meeting. Enc oiled is a copy of a proposed easement. copy of this letter 7 dm also sending the drat to tia�..•v f._ nik legal revtuw and approval. If you have any comments, feel free to .:ontact r ass;..once is very appreciated. Vera.• truly yours, D i POND, LTD. Richard N. indrit� Rrl : srs encl. cc: ,%ncy Husnik Thomas Huber 'F A 1988 01 DEED OI' APPURTENANT EASEMENT THIS INDENTURE, made arid entered into this day of , 1988, by and between the City of Orono, a Minnesota municipal corporation, Grantor, rnd Thomas P. Huber and Nancy Huber, husband and wife, Grantees, WITNESSETH, WHEREAS said Grantor is the owner of that certain tract of land in the County of Hennepin, State of Minnesota, described as follows: That part of Lot Five (5) lying Northerly of the line drawn parallel to, an.i Forty (40) feet distant Southerly from the Nortl e. •1 y "° ne of said Lot Five (5), "Pheasant Lawn", accordir. the plat thereof on file and of f_ record in the Oof the Registrar of Titles in and for Hennepin Count;, State of Minnesota. Subject to covenants and restrictions, etc., as contained in DeeO Document Number 209388. WHEREAS, Thomas P. Huber and Nancy Huber, husband and wife, are the owners of that certain tract of land described as follows: Lot 4 and that hart of Lot 3, "Pheasant Lawn", described as follows: commencing at the Northwesterly corner of said Lot; thence Easterly along the Northerly line of said Lot a distr_nce of 51.65 feet; thence Southerly to a point on the Southerly line of said Lot distant 50 feet from the Southwesterly corner of said Lot; theme Westerly along the Southerly line of said Lot 50 feet; thence Northerly along the Westerly line of said Lot to the point of beginning, according to the plat thereof -:n file and of record in the Office of Registrar ­` Titles in and for Hennepin County, State of Minnesota, Subject to restrictions, covenants and easements of record, if any, WHEREAS, said Grantor and Grantees have agreed upon the easement hereinafter described: NOW THEREFORE, the said Grantor, in consideration of TEN AND NO/100THS ($70.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants to said Grantees, their heirs and assigns, a permanent non-exclusive easement fur ingress and egress in, over, and upon, all of said land of said Granter. - 1 - TO HAVE RNU TO HOLD SAID EASEMENT unto said Crantees, their heirs aid assigns as appurtenant to their said land. IN WITNESS WHEREOF, Said Grantor has hereunto set its hand and seal the day and yeer first above written. THE CITY OF ORONO By STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) Its on this _ day of 1988, before me personally appeared the of the City of Orono, a Minnesota municipal corporat on, to me known to be the Grantor described in and who executed the foregoing instrument, and acknowledged that he executed the same on behalf of the City of Orono as its free act and deed. Notary Public County, M;nn. My commission expires REED & POND, LTD. ATTORNEYS AT LAW 5424 SHORELINE BLVD P. U. BUx i MOUND. MINNLSOTA 55364-0000 PHONE (612) 4722222 April 8, 1988 Mr. John Gerhardson City of Orono Public Works Director P.O. Box 66 Crystal Bay MN 55323 RE: Huber Easement North 40 feet of Lot 5, "Pheasant Lawn" Dear Mr Gerhs,rdson: ROGER W REED PAUL L POND GREGORY S. HAGGE RICHARD N. INDRITZ IWY L DUNN La" A"MMIA You ha s asked for an explanation of Mr. Huber's request for an easement across the above -referenced city owned property for access to Pheasant Road. As you are aware, Mr. Huber's home sits on a hill above a curve on Shadywood Road (County Road 19). This is a heavi'.y traveled road and Mr. Huber's access to his property is by private easement off of the sharpest point of the Shadywood curve. Mr. Huber's house sits with its back to Shadywoo�f, facing the city owned drive. Mr. Huber is the only property owner in the "Pheasant Lawn" addition who does not have access to his property via one of the public side streets. This situation creates numerous difficulties; and he requests that the city counsel grant the variance request due to hardship for the following reasons: 1. allQ y. Access to and from Shadywood Road is dangerous. Mr. Huber's current legal access is down a narrow, graveled drive (herein referred to as the "pillar drive"). The pillar drive is a downhill grade, cut into the banks of the hill at the sharpest point of the Shadywood Road curve. Because of the banks and the pillars flanking the entrance, visibility in both directions is very limited. Entering onto or exiting off of Shadywood Road is dangerous at this point especially in winter. While access off of Pheasant Road also presents problems, Mr. Huber feels that it is "'surer and safer than the pillar drive. Approval of the easement will not impact Orono's provision of emergency services. This request does not include a proposal Mr. John Gerhardson April 8, 1188 Page 2 to change Mr. Hube:L's legal address. Tnere will be n- changes required in the cities' address listings and direct access from Shadywood will still be available, if necessary. The primary nature of this request is to improve the safety and ease of access to Mr. Huber's property. 2. Proverty Iaorovg ept. Approval of this easement request will allow Mr. Huber to improve both his property dnd the city -owned property. As you are aware, Mr. Huber has already substantially improved his property in the past year and he intends further improvement. Due to the current neglected state of repair of the city's property, improper grad`.ng in the past, and culvert problems, run. -off flows onto Mr. Huber's front lawn, occasionally resulting in standing water. This problem was recognized in Mr. Huber's variance request last year. Mr. Huber had planned to request city approval for his own improvement. of the dri'.e, regrading and blacktopping it, in order to resolve the problem. In the event that this request is not approved, Mr. Huber will seek to have the city regrade the drive and fix the culvert to prevent further damage to his property. 3. Q='Qraity with Neighborhood Wishes. Approval of this easement request will respond to neighborhood concerns about the saretf- of Shadywood Road around this curve, while not increasing (and likely decreasing) traffic o,, the city's property. "ou have mentioned to me the number _)f clo.a calls around this curve, and the concern of residents. Mr. Huber and his neighbors want to restrict throuo.i traffic frorr. Pheasant Road using the pillar drive. Neighcors have access to their properties from Kelly Avenue or Pheasant Road while only one adjacent property owner will occasionally use the pillar drive. Other people from the area cut through these back yards, across the City's land, and use the privately - owned pillar drive . Mr Huber wants acceptance of his use of that strip and, with his neighbors, the opportunity to control Traffic through their back yards. I am aware that the city staff has expressed reluctance at approving more than one access to a lot. However, it must be recognized that Mr. Huber is in a unique `ocation and that his circumstances are special. Direct access to Shadywood Road is both difficult and dangerous due to the nature of Mr. Huber's site location. The city strip seems to have been intended to provide access to l�t.s along Shadywood, as well as to the city pumping station. There is no overriding policy reason against having more than one access to property, e.,.;ecially where the Mr. John Gerhardson April 8, 1988 Page 3 current situation presents such compelling mason.- as improving safety, improvement of both public and private property and an understanding of neighborhood wishes. I can't imagine that approval of the easement would unduly confuse Orono emergency vehicles or affect their response time. Mr. Huber shouldn't be forced to be limited to one dangerous access to his property when an equally valid and often safer alternative is already availab?e. Mr. Huber is simply asking for official approval of the existing situation. Due to the unique location of his property, existing access directly onto Shadywood is dangerous and difficult. The t,.urrent condition of the city -owned property contributes to damage to Mr. Huber's front yard, which he is willing to correct at his expense if this easement request is approved. Finally, approval would conform with the neighborhood wishes and practices by allowinq additional control over access to the pillar drive. Approval of the easement request would be beneficial :.o the city on a small although significant scale. Turns onto and off of Shadywood would be consolidated onto already -existing city streets, thereby reducing the possibility of accidents and potential liability to the city. Acct-s to and from the pillar dri-ie could be further c)ntrolled, to the benefit of the neighborhood. Mr Huber Is egal address would not change and emergency vehicles would still have access, if necessary. Approval would also allow Mr. Huber to proceed with improvements that would be beneficial to both the city -owned property and his own, benefitting the city and increasing values. I hope that the city staff will recognize these valid reasons for approving the easement and, if they are still unwilling to support the request, raise no objection to it. Very truly yours, REED & POND, LTD. Richard N. Indritz RNI:srs cc: Tom Huber TO: Mayor and City Council P A FROM: Mark Bernhardson, City Piministrato DATE: April. 1, 1988 SUBJECT: Todd Waters - Storm Sewer Petition Attachment A. Davenport Letter Dated 3/23/88 B. Davenport Letter Dated 1/20/88 C. State Statute 1984 Section 429.031 D. Council Minutes 11/09/8 E. City Letter Dated 11/16/87 F. Water's Memo Dated 2/17/88 G. City Letter Dated 2/26/88 H. Drainage Area APR 11 1. ... �4ATY OF Okur b ISSUE. -• Determination as to whether the Council desires a 358 participation before ordering a feasibility study in this matter. INTRODUCTION -At the Council's 2/22/88 meeting they considered the issue of the petition from Todd Waters and requested that the staff determine the number of possible property owners, involved and requesting that the property owner get at least 358 of the signatures before they considered the petition in this matter. As yoa.i may recall the City did indicate during consideration of the land use application on the matter that to the extent there was a stpOm water problem that had existed on this site that it would be appropriate that they could petition the Council for such action without specifying at that time the percentage that the Council would require that they meet. DISCU_SSION - As noted above the Counci 1's meeting on 11/9/87 the City did indicate that they could submit a petition and did not give a specific number of signatures. As noted in Attachment C the statutes require the City to respond to a 35% petition on the matter but the City is not required to have a 358 petition to act. The Citki can receive a petition for less than 358, if it choose$ if. the Council undertakes a feasibility study without the 358 petition it will require a 4/5's vote at the time it decides to actually order the improvement be undertaken should it choose to order it done. (The 358 as required by statute is 35% of the front footage on the street where the improvement is ordered. In this case the Waters and Dennis properties have a very small frontage, if any, on Casco Point Road as they are served by an interior private drive. See Attachment H.) In consideration of the issue.s related t-) this property it may be appropriate t.at the Council accept the petition ordt-rinq the feasibility study without requiring a specific percentage of property owners. ALTERNATIVES - The following rr,present alternatives in this matter. 1. Accept the petition with the current number of signatures. 2. Recommend that one additional signature be obtained indicating to the signer that this does not bind them to an agreement for the assessment. 3. Table the matter. 4. Reject further consideration of the petition regardless of the number of signatures. 5. Accept the petition and order the feasibility study provided the property owner is willing to pay r0% cost cf the feasibility study should the City decide not to go ahead with the protect. RECOMMENDATION - Given the unique nature of this issue and the fict_that_storm sewers generallv have a few persons who are affected but many persons who Cont, bute to the problem, that the Council undertake the feasibility study in an amount of $1,500 as noted in Attachment F, assuming that the cost of the feasibility study would be included in any project, should it be ordered to go ahead. The staff will be responding to the second F it t i on of Attachment A for the April 25th meeting. PROPOSED MOTION - Moved by , seconded by , that the Council accept the petition as currently submitted anti order the Engineer to undertake the appropriate feasibility study for this matter if the two owners petition agree to 50% of the feasibility study test if the pr 1. ject does not go forwar,l. Ayes , Nays CC ; David Davenport, Lindquist & Vennum Todd Waters J. Dennis Glenn Cook, City E:!gineer LrcNANo E. LIMDOUIST J AU Rt{{ V. A(KM.N Ot RALO t. MAONVSON 90WAND M.OLt NNON MILVIN I,ORt M31t IN ROIIItR1 J.S. C MAN I{RArL [. KRA-tTt tU't'I K[AIIMD J AMIS ►,MAAIIN CALI RICNAND J. FITjOtNALD PN-LIP J.ORT.UN J ONN A FORNKST WILLIAM 9 Fo. J()NN J. CONNCLL/ JER .OLD F. It R G"', DAVID M. L.r R[OOrr JON1t N. STROTNMAN DAVID O. NtWNALL KUNTIt A.GRtt"LlY wDoCR1 V. ATMORt PAT RICP DELANEY NOWARO J. KAUFFMAN RONALD O. VANTIN[ JOMN R. WI N{10N LAURANCC R. WALOOCI, R,C«ARO •. SOLUM TMOMA{ N.OAARC11 7II DARYIt L UPNOrr DAVID J. DAVCNPO a, MART R JONN SON R.—AND A ►PIMWN R. WALT[R {ACNMAN T NDMA% L. VA09L J" FR(T R. {CNMIDi I....N. t/UTLCR ROR[NT O. MITCNCLL, JN J M,CNAFL OADT J rZVIN Cos"Ev NORENTJ. N ANTMAN JOS[PN O. AONLtw RICNAND V.MCN[IL DONALD C. SWENSON RAVC[ A.{ONJOUR JAM[{ P. MFCART«Y S1CVCN J. JONNSOM RICNAND IMP111 CAROL T. RICO [R RODERIC. I.MACKt Nj1t MICHAEL S. NANO VLICS TNOMAS O. LOVCI1 ZL March 23, 1988 LINDQUIST 6 VENNUM 4200 IDS CENTE4 MINNEAPOLIS,MINNESOTA 55402-2205 TELEPHONE 16,21 371-3211 TELET V 0044 TELECOPIER 16121 371-3207 CABLE: LINLAW MINNEAPOLIS WAYZATA OFFICE 740 EAST LAKE STREET WAYZATA, MINNESOTA 55390 Mr. John R. Gerhardson Public Works Director City of Orono P. O. Box 66 Crystal Bay, MN 55323 Dear Mr. Gerhardson: WRITER'S UIRECT DIAL NUMBER _473-4208 DAVID S. W(/cot i—ft M, AND(NSON T NOMA{(. OL[NNOM RCNT [ J. {[LIO T[R({A { SONN(R JONM R. «DU{TON OEMN,$ M.O"MAIIt, EDWARD J.WCOFPSOM DANItL J •NtNAM DAVID A. ALLGIYCR T[RR[NC[ J. rl[MI PC�LI lN4N MICNANU T DST OCSOAAM w.w MANIIN A. R ELINOR C. ROSANN L, MI DM C IIV� D t. s ! rw n G AVI 'pL D[NIS A[ t JONATNAN M. ■lt TIYOTN♦ R R.[R TIMOTNI S. M..Witt J NOR[wT PAUL{OM.Jw. TNOMSON ApN L. I+JIwA [LIjAR[Tw O. A�• WILLIAM Y K,Y ■ATNAPINC N. pC LOS WALLACE O.«N Ar CNANLtS P. MOONS[ PAT, JO POIANL k T[RNAAR J IOUNO . SC«RE IRtR JLLO,OP. NOT[ . LOoo'It Mr�Nlt1�1 Y. WNAII OMAS In response to your letter of February 26, 1988, you should understand that thu Waters' and Dennis' properties are likely the only two parcels that art inundated by storm water run-off and act as ponding areas for such run-off at varying times of the year. We believe that much of this storm water is generated by run-off frcn the properties whose owners you've asked us to join in the request for the study. Quite likely, it will be those property owners that will have to bear the cost of a public improvement project :as well as others within the drainage district. This is assuming, of course, that the study that Orono has been asked to undertake by the Waters' and the Dennis' confirms that their properties are acting as a storm., water holdin; area for storm water generated upstream of them. Why, then, would these other property owners want to request a study tl.at will likely result in their eventually being assessed for the required storm drainage improvements? Therefore, it will be impossible to obtain the signatures and we would ask the City Council authorize the study immediately as originally requested. The Waters' are also desirous of complying with the City's requirements in respect to the grade restoration as soon as possible. In fact, they would like too immediately begin rip - rapping the shoreline before spring weather makes it more aifficult. The City Council resolution directing the Waters' to restore the grade is completely lacking in detail. Therefore, t.hA Waters' need to know t:ze answers to the: following questions as soon as possible: 1. Now detailed is the Waters' reconstruction plan to r74.7 r LINDCQUIST & VENNUM Mr. John R. Gerhardson City of Orono March 23, 1988 -Page 2- 2. Who must aprove the plan - staff? Planning Commission and City Council? 3. How long will the approval process take? 4. What other items remain outstanding besides the sideyard easement? 5. What is required for the Waters' to begin rip -rapping in the way of permitting and how quickly can a permit be issued? The Waters are prepared to develop a plan as soon as possible but it would be helpful if the City engineering firm or staff would provide some precise guidelines. P1easE! follow up by letter or telephone directly :with Todd Waters, but please copy the undersigned with any correspondence. Sincr.rely, LINDQUIST & VENNUM T L David J . ' avenport � /(,Cja- DJD:cap cc: Mr. and Mrs. Todd Waters L[ONAPD [ LINDO91fY t AURCI,S V AC.YAN G[w►LC[ Y.GNUSON 11 D Y.GI(NNON (l V14 1 OP(N5T(IN NUOCwT J.SH(wAN If RAtI l .RAW 11[ [VOENC R[.AT1N0 JAMEs P YARIt"lt.0 RICHARD J r17t0lwALD $I..'IP J. ORTMUN JOHN A rtlww[RT WILLIAN E ro. JOwN J COtINCLtY JLR"OLD r.00ROVALR DAVID N LEfEDOrr JOHN H STROINMAN DAVID G N[W«ALL R V"TIS A Owt[,IL[I ROR["T V A74,40R[ PATRI C. DELANEY HOWARD J. AAVr/MAN RONALD G. VAN rI"E "D.. O WIN51'" L..V"ANCC R. WALUOCH 01CH4.0 R. sDLUN THONAR N OARR[II III OARYL[ L UVNOrr ,:A", J OAVE"POR, MAR. " JOHNSON R,CNAwD A PRIYVIw R W.L11R RACNMAN Jtrrwl, w SCHNIDT 1.M0T«/ N. •Vile" POR[R♦ O MITCNCLL.JR. J. NICNACL OADV J REV." COSIL[I "OfC.IJ NAR/MAN JOf[PH O POHLC* YAAT [ CU"7t" RICHARD 0. MLNEIL OOMAttl C• SW[NsON TRUCE A. RON.I OUR JANES P.M•CAIIT«Y b"V[N J. JOHNSON PII..AND INRIO RODt PICA I.MACR[NtIE 7 wONAs O LOVEIT IN 0AV' D f. V/C1COt LYNN M. ANOCROOR January 20, 1988 Ms. Jeanne Ma City of Orono P. 0. Box C6 Crystal Bay, busth LINDQUIST �L VENNUM ;�w;A`J 5[L[ONNOM I[P[:Af RO"N(w 'CNN P Hov.ION 4200 105 CENTEn D[NNIs N tlMAIL[Y MINNEAPOLIS, MINNESOTA 55402 r0% J J WIGSON TELEPHONE 16121 371-3.111 DANIrI ., SHE... IiAVIU • ALLG(,[w TELEX 29 0044 ttwwt Nr( J rLt M1"O TELECOPIER 113121 371-3207 ROLI [NON CABLE: LINLAW MINNEAPOLIS 011110wA I OSILUND ROAw M. Pt GwN WAYZATA Or(ICE MAPTIN 11. wO5e NOAVM (LINO. C. Rtls ENSILI" 740 EAST LAKE STREET ROf AIINC N WIRIH WAYZATA, MIN14ESOTA 5U391 O[f"A R. PAGE MICHAEL D OLAIfON f USAN E. fARNCf JO[L N.OPC[R WRITER'S DIRECT DIAL NUMBER DAVID L. HALL ETT CHARLES . WCAVCR.JP ANN M. PARR[NT i73-4208 DAVID L.5wR6 V"" DAVID A. DONMA O EM'a9 Q. REILLY MN 55323 Dear Ms. Mab,..sth : JONAIMAN U. fr'. IIYOtw• R fAr. TIYOfwY f- Mr NICE J ROO[RT ►AULSON.JR. JOSEPH A THOMSON JOs[Pw W. Docile" ANN L IIJIMA t 117 AOC1N G. Af• W Il L1AM r. wIM ■ATwARIN( N N(LMf WAL LACC O NILwC C..OLtf I. YOORSC ..,I J0 POr.«' LURE «. TERNAAR MICH ACL J- VOUNO AAREN L. •CHREINER 9V COUNfeI NORMAN L. NCWNALL wcnwtD THOMAS VC.Nu. On behalf of both Mr. and Mrs. John Waters and Mr. and Mrs. Jack Dennis, we would 'ike to request that the City of Orono undertake to have prepared a feasibility study to examine whether or not the storm water run-off that fror Lime to time inundates portions of the Waters' and Dennis' property ought to be the subject of a storm drainage public improvement project. Based on the conclusions of Greg Kopischke of Westwood Planning and Engineering, the Waters' and Dennis' -eel that the storm drainage run-off that is stored on their property from ti--)e to time is not the result of an act of nature, but rather the result of development upstream of both properties. Accordingly, our clients are desirous of having a study undertaken to ascertain whether other parties in addition to the Dennis' and the Waters' should bcar some cost responsibility for the construction of a storm drainage improvement. Would you please send me whatever materials may be required by the City to formally petition for such a :study to be undertaken. Sincerely/�- LINWU1ST !G VEff id J. bZenp DJD: cap cc: Mr. and Mrs. Todd haters Mr. ar!d t.rs. Jack Dennin 1 11q5 LOCAL. 1MPR0VV%1F:\TS, SPECIAL ASSFSSME TS 429.031 r 429.031 PRELIMINARY PLANS, HEARINGS. _ ! Subdivision 1. Preparation of plans, notice of hearing. Before the municipali- ty awards a contract for an improvement or orders it made by day labor, or before the municipality shall have the power to assess any portion of the cost of all improvement to be made under a cooperative agreement with the state or another political subdivisioi. for sharing the cost of making such improvement, the council shall hold a public hearing on the proposed improvement fallowing two publications in the newspaper of a notice stating the time and place of the hearing, the general` nature of the improvement, the estimated cost, and the area proposed to be assessed. The two publications shall be a week apart and the hearing shall he at least thre: "°►t days after the last publication. Not less than 10 days uefore the hearing, notice thereof shall also be mailed to the owner of each parcel within the area proposed to v " be assessed, but failure to give mailed notice or any defects in the notice shall not 4 invalidate the proceedings. For the purpose of giving mailed notice, owners shall be } those shown to he such onthe records of the county auditor or, in any county where tat statements are mailed by the county treasurer, on the record% of the county j treasurer; but other appropriate records may be used for this purpose. However, as j !o properties which are tax exempt or subjmt to taxation on a gross earnings biams ' I and are not listed on the records of the county auditor or the county treasurer, the J ' osm ; thereof shall he ascertained by any practicable means and mailed notice shall { be given there as herein piovided. Prior ix) the adoption of such resolution, the cx uncil shall secure from the city engineer or some competent person of its selection a report a&i%ing it in a preliminary way as to whether the proposed improvement is lj iessible and as to whether it should best be made as proposed er in connection with ? dome other improvement and the estimated cost of the improvement as recom-. awndcd; but no error or omission in such report shall invalidate the proceeding ask -is it materially prejudices the interests of an owner. The council may also take %wh other steps prior to the hearing, including, among other thin,,%, the preparation of plans and specifications and the advertisement for hid, thereon, as will in its } jlidpneni provide helpful information in determining the destrabihty and ft:A%Ibilil% of the improvement The hearing may he adjourned from time to time and a �1 teanlution orderingthe improvement may be adopted at any time within ,.x month% a tr the date of the hearing by vote of a majority of all memhem of the council the unprovement hart been petitioned for by the owner of not less than 35 i `< l in frontage of the real property abutting on the streets named in the rethion When has been no such petition, the A'.. s locattott of the improvement. there t 14% are may be Adopted only by vote of foar-fifths of all mcfnbers of the council; PM*Ided that if the mayor of the municipality is a mrmbrr iif the council but his no kAit a votes only in case of a tic, he shall not tL deemed to he a member for the a; fiWPM of determining such four -fifths majority vote. The rmilution ordering the Y "01111wwtnent tray reduce, but not increase the extent of the improvemert ..N stated sly t 0twe of hearing. iwbd. 2. Approval by park board or utilities eurarrission. A reseiluti. , i *161iay a park improvement may be adopted only by a blur -fifths vote of the n 4�isa and shall also be approved by the park board, if there s one: prn%ided, that 1d*9 mayor of the municipality u a member of the council but ho% no vote or vote is case of a tic, he shall not be deemed to be a member for the purf►rrse of 'dining such four -fifths mispin y vote A resulu!rm ordering an improvement _ 4960 eater. %ewer, %team fisting, wret lighting or either facih!y over which a commisston ha% jurisdi, tiori %hall alai be approved by the utilities commis- : s, 94bd 3. Petition by tU owners. Whene cr all owner% -if real pFtgwrty apvn any %itret the ttxaiwn of irnpr wes;ient '-hall petit"n n.imcet a% tiny 8 t, to ,� 429.031 LMA1. MPRO%E.\It NTS, SPECIAL ASSENSMENTS e196 council to construct the improvement and to assess the entire cost against their property, the council may, without a public hearing, adopt a resolution determining %utli fact and ordering; the improvement. The validity of the resolution shall not be quo%tioned by any taxpayer or property owner or the municipality unless an action for that purpose is commenced within 30 days after adoption of the resolution a-, Inovided in scctio n 429.036. Nothing herein prevents any property owner front questioning the amount or validity of the special assessment against his property pursuant to section 424.081. In the ca%e of a petition for the installation of a fire protection or a pedestrian skyway system, the petition must contain or be accompa. "tied by an undertak�ng satisfisctory to the city by the petitioner that the Petitioner will grant the municipality the necessary property interest in the building t.) permit the city to enter upon the property and the building; to construct, maintain, and igmrate the fire protection or pedestrian skyway system. In the case of a petition fur the installation of a fire protection or pedestrian skyway system which will he lm%atcly owned, the petition shall also contain the plans anal specifications for the unprovement, the estimated cost of the improvement and a statement indicating Whether the city or the owner will contract for the construction of the improvement 11' the owner is contracting for the construction of the improvement, the city shall not approve the petition until it has reviewd and approved the plays, specifications. +ind cost estimates contained in the petition- 'I he construction cost financed under %cohort 429.091 shall not exceed the amount of the cost estimate contained in the I„•fition. in the case of a petition for the installation of a fire protection or A lwde%man skyway sy%tem, the petitioner may request abandonment of the improsc- nicnt at any time after it has been ordered pursuant to subdivision 1 and bef,,rc contracts have 1, •n awarded for the construction of the improvement under sectii-n d:9.041, subdiv. it 2. If %u:h a request is received, the city council shall ahandcri the proceedings but in such case the petitioner shall reimbur%e the city for art and all expense~ • :urred by the city in connection with the improvement. History: 195J c JOS . ', 19 5 c 811 s 1; 1957 c 430 s 1: 1961 c 3:5 s L.. V,'.' 771 s 1; 1965 c 877 s a', 1967 c J7 s 1,1; 1973 c 12.1 art J s 7: 1984 : 'CIF s c PO4 c 582 s 4; 1984 c 591 s .1; 1984 c 633 s J 449.035 IMPROVEMENTS, PF-TIT1O%. When any petition fer the making of any improvement in any statutory t lown, or city of the second, third. or fourth class, however organized, fox the t which special assessments may be, in whule or in part, levied therefor, is preened t• the go%erning body of the municipality, this bexly shall, by rm4ution, der -,-I ^' whether or not the petition has been signed by the t-tquired pe%critaae of owners woiperty affected therchy. t History: I y.7 c .111 s 1 lye 1 c J98 s 12. 1961 c• JJ4* s :. 114'1 c 12.1 J.-r 429.036 APPEAL.. FROM I)FTURMI\ATiON OF LE;GAHTV OF PV I ti)` Any per%-m, briny aggne%ed by this determination, may irreal to the di'm-! sort of the c!'unty in which the property is located by serving upon the clerk •'''" tnuntcipaltty, within W day, after the ,ld -rtlon and ruhh,atton of the res+slut! i, ,ttce of ar.,,il hrirlly stating the. ground% of aplrr.d and giving .i htstal in the fir. s11io of S2St1, in ahieh the mumr:tpattty shall he imnu-d as obligtc. fir, be Arrf h rk of ihr menw.'ipality, conditioned that the rprw!Isnt will duly pfO%c ;• c ''r t`ay all ►,v%t% and d►shur,emi nit %%I.k h mey hr adiudet'i a€aims tins. h� the order off the• r-mrt 1 he ciivti shall futttish the o►ppcllApl a .C+ 1 "try ,if 11sc pctiti„tt, or any resit ihc•retd. „ii hang p.od hi ♦rM11ent .i i1i. r, t19 charges therefor. 'The api term commencing more t the bond and shall be tne, the , ppeal. the determii Petition shall be final and History: 1927 c J11 429.U4 [Repeated, 195 4i9.041 cOU`CIL PR Subdivision I. PIV- council determines to tna of the work. or order a authorized by ubd1%-tM. reurlutK-m ordering stseh Mated to the resolution and specifications of t modif rd, if nece wy. c,timated cost exceeds nea%paper and such of adss%ahle. If the estlma the rewspaper and at It th:e firm c1ris no less th he cliahle as such a tr legate newspaper except and Ictial news. such t later" to .oraiactom i The adsertisement %ha! Pi:l. will he publicly CIP th.sn ?en da%s after the s, ks. than SV 0,000 a. 2-, and dull state th .'irk and accornrttnter •.hi.k p.syable to the t iiaowtr._it may specify. J'Tell thal the lints nh ge�ii ax of the muntct • w+< ccnri+sdered bar i fit is %trigs %cr aratefy . r Irt of the ma 4mim mint t r atFifati�aRi or e y►v!+o! 2. c. -it shall tc4i re r `•ee d " re"Utfr . 0i"s to Copt;T .. �� r., iht ..�aFlrrrt Ic :.'. th st "he ... VINUTI:S OF THE REGULAR ORONO COUNCII. MEETING t1ELD NOVEMBER 9, 1987 s1177 TODD WATERS ,61 CASCO POINT ROAD CONDITIONAL USE PERMIT/ VARIANCES DENIAL RESOLUTION 12292 Torld waters and his attorney David Davenport were present for this: matter. City Auministrator Hernhar0son explained that Council directed staff at their last meeting to draft a resolution denying an after -the -fact conditional use permit and variances and ordering the applicant to restore the Lakeshore yard to the original condition. Staff has submitted this denial resolution for Council consideration, noting that the deadline for restoration is June 15, 1988. Zoning Administrator f-;:.busth r.evie. ed the pertinent points within the: denial resolution. Attorney David Davenport stated that tile'y obviously did not agree with the findings of the denial resolution feeling that they have: not been supporte,? by the evidence that had been presented to the Planning Commission and Council. Referring t, Finding #15, he noted that it is their intention to provide the easement document. He requested clarification of Finding f26b stating that it was their understanding that the intent of the resolution was to require completes: restoration of the site to its original condition which would involve reinstallation of the small drainage the that Existed prior to construction. It is his understanding that Engineer Cook may be recommending that an 18" pipe be instal led and if this is the care, it is inconsistent with the finding made by Council at the last review that the property be restored to its original ccndition. Therefore, they object on the basis that they are requiring the Waters' to solve the ponding or inundation problem that is not their responsibility to solve. City Engineer Cook clarified t:sat restoration to the original condition woe ld involve reinstallation of an 6" pipe, however it would not change the previous conditions which involved the pondin-1 area. Attorney Davenport explained that the 6" pipe would not solve the past and currer;t drainage problem. Counci lmerber Callahan objected to the references made in the resolution that Council "conceptually" denies the request and that staff, consultants, and applicants should work together to decide what size pipe should be inst.AIIfnd. tit' viewctri they :.fter-the-fact conditional use MINUTES OF THE REGULAR 0120110 COUNCIL MEETING HELD NOVEXBER 9, 1987 t 1177 WATERS CO2" PINUED permit and variances as simply being denied (not conceptul11y) and F ,pert ::hould be restored to its original condition wAc;h includes an 8" pipe. lie recommended that the resolution be amended to reflect .`is opinion. He also felt Finding #35 was incomprehensible. Referring to Finding #33, he recommended amending the resolution by adding the deadline date of June 1, 19U8. Zoning Administrator Mabusth clarified the rationale of Finding # 35. Mayor Grabek st..,ted that Finding i35 not be removed from the drafted resolution. 'Dodd W:aterr; expressed his feelings that the City has imposed regulations and conditions upci him that were not made clear at the beginning of tl,is project and regulations that are not consistent with the intent of democratic yoverrrr.ent of this country. Mr. waters and Mr. Davenport left the meeting at this point. City Administrator Bernhardson commented that Mr. Waters and his neighbors could petition the City for a s':or^ sewer review searing, which would be a separate action, if they felt there was a stormwater problem noting that this could bc> accomplished b Bare the June 1, 1988 completion deadline date. Cour,ciIr,(:-;her Sirre ncted that the inforr^ation given out by City staff when a b� ilding permit is applied for doe% specifically reference submission of any grade changes proposed which he felt was ignored by Mr. Waters' contractor. He stat,�d he will vote against denial f the resolution becaure he felt total rc coration woult- be detrimental to the lake itself. Councilmember. Goetten stated she will also vote again* denial of the resolution because she felt there was a better way to resolve the problem banerl on the City Engineer's recommendation. It was sr.(�Yvcd by Mayor Grabek, rseconded by counci limber Peterson, to adopt Rguolution 12292 Denyinq the After- the -fact Conditional Use Permit and Variances amondinq the resolution ss previously recommended by courci.lrremkor Callahar. Motion, Ayes 3, Nays 2. Ceunri lricr brrs Sine an(i Go.:tton voted nay. Motion carried. 6 CITY oft 114➢M9 11,,st Office Box G6*('rysUd [lay, Minneanto Y,X..' ie Municipal Officen On the North Shore of Lake Minnetonka 14ovember 16, 1987 Mr. David Davenport Lindquist & bennum 740 E. Lake Street Wayzata, MM 55391 Re: 3061 Casco Point Road upar David: In response to your most recent request for tapes of specific Planning Commission and Council meetings, your written request has been given to Dorothy Hal? in, City Clerk. It is my understanding from Ms. Hall.in that she will contact you directly regarding this matter, but in any event she may be reached on 473-7358. I have had all files pertaining to 3061 Casco Point Road copied and placed in chronological order for your consideration. They will be either cent to you through the Tails or available for pick --up at the City office, but we will await your decision. During your presentation regarding the subject property, you indica'.ed that in the opinion of the landowner the previous pattern of stormwater podding to the rear or east of the residency_, was a problem. This concern was addressed at the Council meetinq when you temporarily left the meeting to speak with your client outside the Council ChamberF. Your client may initiate a petition for consideration of a storm water improver..ent project. If submitted in a timely manner, the City would be able to respond as to the appropriateness of such an improvement, and, if deemed feasible, undertaken in advance of the June 15, 1986 restoration deadline. Please let me know how you wish to deal. with transmittal of the packet of information copied for your files or if you have any questions regarding initiation of a public improvement project. :'incer(:•ly, Je4n'c A. Mahusth Zoning Administrator ,TAM/dh 01ifI)f%(, 4'1'1#0 +kINIOSIN%7IUVAFI%ANC% 411-1150 • P1Rf_H h(► k% 4'1'1,V AW SNIM, C"'JUNCIL MEETING To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director CI1'Y OF ORO" Date: February 17, 1988 Subject: Stormwater Feasiblity Study Request - John Dennis, 3055 Casco Point Road & Todd Waters, 3061 Casco Point Road On January 25, 1988, the City of Orono received a request from Mr. John Dennis and Todd Waters to perform a feasibility study of a stormwater problem on their properties (see attached letter). I have discussed this request with the City Engineer and have been advised that the feasibility study would cost $1,500. I have prepared a resolut:-- requesting the City Engineer to prepare the feasibility study. RECOMMENDATION: To approve Resolution #_ directing the City Engineer to perform a stormwater feasibility study including but not limited to 3055 and 3061 Casco Point Road. PROPOSED MOTION: Moved by , seconded by __, to approve Resolution # directing the City Engineer to perform a stormwater feasibility study including but not limited to 3055 and 3061 Casco Point Road. CC: Todd Waters D. Davenport Jack Dennis TO: Mayor and City Council , FROM: Mark Bernhardson, City Administratof"• Forwarded recommendinq approval. If the project proceeds, then: these costs would be made part of the project. j City of oRONO RESOLUTION OF THE CITY COUNCIL N O . . - --- A RESOLUTION ORDERING STORM SEWER FEASIBILIT:' REPORT FOR STORM WATER IN TH3 CASCO POINT ROAD AREA WHEREAS, the City of Orono has received a request from two Casco Point road residents reques,ing the City to review a storm water ponding problem; and WHEREAS, the City staff has reviewed the, request and has determined that further study of the area is necessary to determine the extent of the storm water problem; and WHEREAS, the Orono Council has reviewed the information presented to them; and WHEREAS, the Orono City Council feels that more information is needed to determine the ey.tent of an existing storm water ponding problem; and WHEREAS, the most efficient manner in which to obtain this information is to perforr,; a feasibility study, which will determine the extent of the problem, nu;nber of acres included in the drainage area and the most efficient and cost effective manner in which to proceed if it is determined to be a significant problem involving City of Orono action. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono direct the City Engineer to perform a feasibility study of the area of 3055 and 3061 Casco Pont Road and report to the Council with all convenient speed, advising the Council in a preliminary way as to the feasibility and estimated costs to benefitt_ed properties in that story - water run-off area. Adopted by the City Council of the City of Orono this 22nd day of February, 1988. James R. Grabek, Mayor ATTEST: Dorothy M. iiz1111.n, City cis rk (CITY of ORONO Yc-t Office NAx 660'ryMal flay, Minneaut.a Sia23OMunirlpal Offir" ()n the North Shore e' ' ake Minnetonka February 26, 1988 Lindquist 6 Vennum Attn: David Davenport, Attorney 4200 IDS Center Minneapolis, MN 55402 Dear. Mr. Davenport: The Orono City Council revie od your request for a storm sewer feasibility study on February 2.2, 1988. The City Council directed staff to advise you that they would prefer to have at least 35% -)i the affected property owners request that a feasibility study t . � lone. For your convenience we havE ted the area and from a very informal review feel that thy. be nine properties that may he affected, including the watt :.d Dennis'. The property addresses are as follows: 3095 Casco Point Road 3105 Casco Point Road 3085 Casco Point Road 3065 Casco Poi":t Road 3045 Casco Point Road 3015 Casco Point Road 3C35 Casco Point Road Therefore, if you could solicit two more property would be greatly appreciated. If you have any questions, please call me at 473-7 Sincerely, John R. Gerhardson, Public Works Director JRC/tln BUILDING t 10NING - 471-7357 • ADMINIS?R 44TION t F1% %%( I 47171SK • A SSF SSlNG ti 1 \I r JI .01 It E 2 I\ w ` • 10) �� < •'�i �•'• 'r,'r 1 t • ', �, a, ,ia• O � ,5 '�� � fir'• �~�'''� �: �° 1s9160 ��i�'� � `+. +�' L jL' +B M r1' +,� ,•�. „i � •u � , iSe w l�' 166 v�, r. 169 ^I y'� �" ��► Qd� �;. 'I�ti :s, Z IS '`' i7o. y 1M � �c4 � � r � ► t n� 'C I 14 JA 1 /:d p Via. � .• , ,i � '•� �i�6 'I V S � �7 v fG: �G ;OOr .. •< , \ , �! 6s I 1 to 42 41 Ose 37 36 Lrm CITY Gi ORONO Post Office Box 66 • Crysud li=.iy, Minnr ota WWI • Municipal Officm On the North Shore of Lake Minnetonka April 11, 1988 Todd waters 3061 Casco Point Road Wayzata, MN 55391 Re: 3061 Casco Point Road - Restoration Dear Mr. Waters: I have been asked to respond to the questions in David Davenport's letter of parch 23, related to the reconstruction plan. The following should act as a guideline for such reconstruction: 1. The plan detail should include the following: A.) Topograrhic map of the area in question, indicating grades of the adjacent undisturbed property and proposed final grade. B.) On that plan, show the location of the proposed rip - rapping. C.) Provide on that plan the proposed location and invert elevations of the 8" pipe intended to be reinstalled. If you intend to privately install a larger pipe than 8", a Conditional Use Permit approval will be required. D.) Provide detail of any proposed retaining walls. 2. Plans should include wall sections and elevations for portions of the structure that must be modified to accomplish the restoration. Upon review of those plans, the building inspector will determine whether a permit is required for the necessary structural changes. 3. If. retaining walls are required as part of the restoration, only retaining walls that can be verified as existing prior to the site disturbance will be repermitted by the staff. Any new retaining walls in the 0-75' zone that cannot be verified as having pre-existed, will require application for a Conditional Use Permit and variance with Planning Commission and Council review. Nl 11 1►1%(, & /()%1%(, 471 ' 1ti ° • ADMINISTRATION t FINANCF - 471-77511 • rt NCI IC MARKS — 473-73S' Ar81 SSING Ik N 4. The plan should indicate the methods of erosion control to be used, and should indicate the method of revegetation proposed. 5. Plans should contain information on the number and type of replacement plantings proposed in the 0-75' zone where trees were removed without City approval. 6. Rip -rapping shoreline is generally the jurisdiction of the Minnehaha Creek Watershed District, who issues permits for such work. Upon receipt of the Watershed District rip -rap permit, the property owner should submit a copy of that permit to the City of Orono for issuance of a no -fee rip -rap permit. The City normally issues the rip -rap permit the same day as it is applied for. 7. The approval process normally will take 7 to 10 working days from the date of plan submittal. Review and approval of the reconstruction plan will be the bole responsibility of staff and the city engineer. The only need for Planning Commission and Council review would occur if the proposed restoration plan proposes work in excess of that which is obviously necessary for restoration or foundation protection. I am not aware of any further outstanding items, however, my involvement in review of the after -the -fact Conditional Use Permit application was minimal. I would advise you to contact Building 6 Zoning Administrator, Jeanne Mabusth upon her return from vacation on April 18, for confirmation of any additional issues remaining unresolved. Please contact me at 473-7357 if you have any questione. Sincerely, Michael P. Gaffron Asst. Zoning Administrator cc: David Davenport Jeanne Mabusth, Building 6 Zoning Administra*or John Gerh^rdson, Public Works Director Mark Bernhardson, City Administrator Glen Cook, City Engineer MPG/lh 4188.4 /S G TO: Mayor and City Council fly FROM: Mark Bernhardson, City Administrator April 1, 198d OF HATE.: SUBJECT: City Facility Study Attachments: A. Facilities Memo Dated 9/15/86 ISSUE - 1.- Present information regarding current steps being taken in relationship to the site evaluation. 2. presentation of a review process of the site evaluation and criteria development. INTRODUCTION - At the Council's February 8, 1988 meeting the Council accepted the information regarding the first phase of the study and undertook the se..und phase of the study which was a site evaluation of two alternative sites. The firm doing the site analysis has reviewed both sites and in light of the space study, has been developing block diagrams to see how they coordinate with the site together with selected setback and site needs. Staff has presented the consultant with as much documentation as it has available on the two situ. DISCUSSION - The primary focus at this meeting is on Issue 2 to determine a process that. the Council would like to have undertaken during this site analysis phase. The principal goals of this review are the following: a. Development of criteria for site analysis of the facility (regardless of location). h. Review of the preliminary sites taking comments from the persons involved in the process as to particularly land use issues an,i zoning requirements. In addition to Council and staff participation in this matter there has been expressed desire on the part_ of the Planning Commission, with concurrence by Council and staff, that Planning Commission he involved in this site evaluation process to lend particularly their land use expertise in the siting criteria. The consultant is developing draft criteria plus layout block schemes on each of the sites being studied which will be the subject of the reveiw at this point by those involved. A; TFRNAT . VF S 1. inrormation presented a. Accept b. Table 2. Process adoption Process Elements 1. Draft criteria/site layouts - consultant 2. Review by staff 3. Commentary by Planning Commission - F'ocusing on criteria and land use/zoning rite issues 4. Council commentary based on draft layouts plus staff and Planning Commission commentary 5. Consultant revise site criteria and layout to accomodate issues 6. Consultant do further work related to general layouts, building estimates, construction estimates including all site costs 7. Staff and Council review Options A. Adopt as presented B. Amend and adopt C. Tat,le RECOMMENDATION - It is recommended that the Council accept the information presented as to site evaluation progres3 to date. Additionally it is recommended that the Council adopt the process that is presented in Issue 2. PROPOSED MOTION - Moved by Seconded by , that the Council accept the information regarding the progress of the site evaluation together adopting a process for development of the criteria for the site and specific commentaries on the sites currently being analyzed. Ayes __, Nays __ cc; David Kroos, Boarman and Associates I 91586.1 TO: :Mayor and City Council FROM: Mark Bernhardson, City Administrator1\�� �J DATE: September 15, 1986 SUBJLCT: Facilities Assessment - Request for Fund Allocation As indicated at the last meeting I am requesting permission for allocation of $6,000 out of existing monies in the building fund for the Engineer, to conduct an: a.) Analysis of existing buildings as to repair and bring into code compliance b.) Analysis of space needs for all City facilities. This requf_st is made as in house City staff does not possess the expertise to do the appropriate analysis. The request is made to give Council the needed background for a decision as to whether there is a justifiable need to undertake a significant rehabilitations or replacement of all City facilities (Public Vorks, City Hail, Police, Council, etc.) Below is a list of steps for consideration of such a decision. This represents the third step in the process which is a refinement of the process in attachment F from the March 20, 1986 memo in facilities assessment. 1. In house facilities assessments 2. Preliminary analysis of needs, financing, etc. * 3. Analysis of needs * 4. Determination of need - Council * 5. Analysis of possible site costs and preliminary design * 6. Determine appropriate method of financing * 7. Select preliminary site(s) 8. a.) If funding requiring referendum - Informational - Referendum * b.) If funding throuuh other means - Public Hearing - Council dec is ion I 9. If approved * - Acquire site Additional shared tenants commitment " - Facility final design " - Bid project * - Arrange financing * - Award project Comelete Transfe-- * Indicates points requiring formal Council action 4688.3 /j c 0lu" 1 i F fiNG TO: Mayor and City Council (�� FROM: Mack BernhaLdson, City Administrato r CITY YF NOW DATE: April 6, 1988 SUBJECT: l:m(,rgency Preparedness Siren - Minnetonka Beech Attachment: A. Mel Kilbo's Memo Dated 4/6/88 - Minnetonka Beach Siren S. Siren Map (--. Metro Region Warning Zone Map Dated 1/28/88 D. Mel Kilbo's Memo Dated 10/23/86 - Weather Siren Request E. Mel Kilbo's Memo Dated 11/21/86 - Weather Siren Cost Sharing F. City of Spring Park Letter Dated 12/2/86 ISSUE 1. Determination as to whether the City of Orono desires to participate in the purchase )f a siren for the City of Minnetonka Beach. 2. Determination as to whether the City desires to be the financer in Minnetonka Beach's acquisition of the siren. INTRODUCTION - As �.oted in Attachment A, Chief KilSo has developed a master siren plan for the four communities served by the Police contract for which he is also the Emergency Preparedness Director. Currently the City of Long Lake has put in two sirens and in 1987 the City of Orono installers a siren for which the City of Spring Park had agreed to and has now paid a share of the cost. As noted the Civir Association in Minnetonka Bnach has now approached the Minnetonka Beach Council regarding possible acquisition of a siren in Minnetonka Bs-arh. DISCUSSION - As noted in Attachment B a siren, particularly the larger of the two, would provide siren ^overage for parts of Orono not currently coverers, particularly Big Island, a small portion near the Narrows Bridge and in the area just north of the Arcola Bridge. (It should be noted that the circles shown on the map for siren coverage are the "standard model" and that actual hearing distance at the 78 dec;bel standard may vary because of terrain, ground cover, weather conditions etc.) As noted in Attachment A it is anticipated the coverage across the water would allow for greater coverage.', At this point the City of Minnetonka Beach is trying todetermine what costs are entailed and what they may be able to finance. Because a larger siren installation :n Minnetonka Beach would be bPneficiel to portior1e of Orono, it may be appropriate that the City of Orono contribute a portion of the installation. In arirlition, while the City of Minnetonka Beach has not requested 9 such, the City of Orono if it desired would be in the financial position to initia:ty fund such a siren with Minnetonka Beach to repay its share over a period not to exceed five years. ALTERNATIVES Issue 1. Participation in funding 1. Agree to pay a percentage of the small siren and a different percentage of a larger siren based on benefit to Orono. 2. Pay the difference between the - it ler siren and the larger siren. 3. Utilize the money the City has received from Sprinq Park on its share of the first one to fund Orono's share on this one. 4. Budget its share in the 1989 budget and defer action until then. 5. Indicate to Minnetonka Beach that the City does not desire any participation in the matter. 6. Tab'_e. Issue 2. 1. For Minnetonka Beach the availablitiy through the Police contract for purchase of the siren to the City. 2. if it chores to contribute to the siren purchase, only pay a lump sum at t►,e time of purchase. 3. Table. RECOMMENDATION_ - It is recommended that the Citv of Orono pay app[oxi�mately $3,20® towards the installation of the siren in Minnetonka Beach, which would be the difference between the smaller and larger of the two sirens as the City of Orono would not receive a substantial benefit from the small one but the City of Minnetonka Beach is not substantially benefitted by the larger one . Additionally it is recommended that the City offer to finance the Minnetonka Beach portion at a reasonable interest rate in equal payments over a period not to exceed five years. PROPOSED MOTION - Moved by seconded by , that the Counci 1 offer to pay up to $ _ for the installation of a 125 decitel siren in Minnetonka Beach and that the City addi'-ionally offer to Minnetonka Beach the opportunity to finance the 1-urc,'se of the siren through the City of Orono. Ayes Nays i,ATE : April 6, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Minnetonka Beach Siren I am the Emergency Preparedness Director for the Citv of Orono. The other contract cities of Minnetonka Beach, Sprinq Park and Lonq Lake have also designated nee as their Emergency Preparedness Director. The Federal Government does give some fundinq for emergency mitnage- ment assistance work for processing oroarams , but only in cit,.es :)f over 5,000 population. Therefore the other cities would not be el- igible but they still have to have an emergency prenaredness director. As a part of the emergency plan, the City of ( -)no, through myself have a master siren plan, almost the entire i _v is covered with sirens in the projected plan. "o far in the overall plan, there are onlv 2 sirens in the Lonq Lake area, funded by Long Lake, a siren at Navarre, funded by Orono with a share from Snr.inq Park. A map of the siren plan is enclosed for your review. The Civic Association of Minnetonka Beach hag ar-roached the council to request a weather siren. The Minnetonka ranch Council requests me to look into it. 1 have given them a copy r,f our master siren: plan and have obtained two quotes for them. One of the sirens is a 115 decibel siren which is a smaller siren than we have at Navarre. The other would be the same size as the one we have at Navarre. Naturallv these will give varvinq amounts of coverage for the City of Minnetonka Beach a..F well as the City of Orono and Big Island. The range of both of these sirens would be somewhat enhanced by the fact that Minnetonka Be,r .h is almost completely surrc,unded by water, and as a resulf. the sound would tend to travel further both towards Pia Island and the Crvstal Bay area, and might be nroiected by the granh. In 1986 the City of Orono budgeted $14,000 fcr a weather siren placed in Navarre in 1987. At that time we indicated to the Ci.v of Snrinn Park that we would be interested in sharinq this siren because of its location at the Orono Water Plant on Blaine, as it would certainly supply warning services for they, and again it fit into our raster sit plan. In subsequent months we came uv with a orojected share and in this particular case we came up with a 'A share of the total cost of the siren, looking at the land mass and area it would cover into Sorina Park. Or, December 2, 086 the City Council of Sori na Park authorized exner.- diture of Spring Park's share at $3,100 and it was nrov+ded to %,- �n the 1988 budget. The siren was oneratior:al on or about March of 19t This memo is to request permission and input into a nossirle oroonsal to neaotiate with Minnetonka Beach trl share in their siren cost. as anv sire•. olaced into Minnetonka Peach. whether it be the 115 decibel or +he L15 * -1bel will give alertirn to portions of Orono. The 111) deci- bel would cover part of they Arcol:i Brides area and possibly acme of the N­rth Shore Drive area. The 125 decibel w---,uld cover almost into Crvstal Hay and cover portions of Hi(- IS 1 an,i and aoai n dep-rdi nq on the water Page 2. effect may cover more of Bia Island. I have requested and received informal quotes for both sirens in Minnetonka Beach and have discussed the overall cost of the sirens with the City of Minnetonka Beach. The total cost for a 115 decibel siren installed is $11,658. I would recommend _-?0__Dercentaae or S 2332 for our share for that particular siren. The 125 decibel siren, much like the one we have in Navarre and at the police station in Lang Lake costs $14,834, of which I would suqqest we share in the percentage of—_25 for a total dollar amount of $_3709 _as our share. I feel that this would be of benefit to Orono and I am A,-�ry concerned about the overall protection that mic-;ht be extended to Navarre and Minnetonka Beach and the Crystal Bav areas as we are a part of the "tornado allev" of the Twin City area. I urge consid- eration of this plan and urge that we look at sh arinq the cost of the siren as a part of the overall elan. enclosures attached own I*We '— y QW94 oil I \ ,u WAYZATA . i ,.. i dL �� • D `�`�s',p'1 -�Ny► 8.•� � ; �. �-�:��� � 4 Bay D City of Oron , Minnesota��, a...o WAS no,y _ I _ ISANTI I anv t• wxr w;. .c � v,•. •u•.. aM..fr . rroo. S MEMA ISA•\ METRO REGION WARNING ZONE MAP 3 ;,,�„ - �•. 1 /28/ 88 0..CFO" .,.. ANQ w - I - se .r..a. ASHINGTOIJ-- 404 s �� LY .04MaMb I r •..fir. .. 11 ��12- „ 13 S l =4..r..G� . « ;,..•'Y!� (s. L—J fin. _ -So14 ✓4 -�- ofta, ,DRKO , .t wu a� sc TT INTEROFFICE MEMO DATE: October 23, 1986 TO: City Administrator Mark Bernhardson FROM: Police Chief Mel Kilbo SUBJECT: Weathe,- Siren Request The City of Orono budgeted $14,000 for a weather siren to be placed in Navarre in 1986, which was the site of a tornado in 1965. '"he City Council of Spring Park has expressed interest in sharing the expense of this siren because its location at the water plant will su warnina services for them. Also, it does fit into the master sire„ plan for their emergency preparedness plan, as I am the director for both Spring Park ar.d Orono. This price negotiation can take place after Orono Council action. We have received quotes on both mechanical and electronic sirens. See attached sheet of quotes. I am advocating the selection of an electronic siren for several reasons. Electronic sirens require only 110 Volt electrical service to charge 12 volt batteries because they operate off batteries, power outages do not affect Firer, operation. Electronic sirens also can be used directionally with a loud speaker for use in spills of hazardous materials or other needed evacuations I would recommend low quote of Electric Service Co. at $ 1 1 , 66 E .00 for an electronic siren. DATE: November 21, 1986 TO: Spring Park City Council FROM: Chief Mel Kilbo SUBJECT: weather Siren, cost sharing After discussion about the siren installation with the Police Commission and the discussion by the entire council at its last meeting, I wish to propose an amount that might be considered by Spring Park for its share. The projected location of the siren (Orono's water plant in Navarre) is such that it will supply about (4) one-fourth of its coverage to Spring Park. There may be an additional coverage extended because of the lake area. The City of Orono agrees to pick up the recurring charges (electricity and maintenance) . Any major part replace- ment would be negotiated between the cities. Very few repairs are anticipated with a battery run 110 volt charger equipped electronic siren. The low quote of Electric Co. at $12,525.00 has been recommended by me to the Orono Council at their meeting of 12/8/86. I would then request $3,100.00 from Spring Park as their share of the proposed siren. I would request that the siren be operational by March 15, 1987. ialle an 1 D OW -73 1 vi� City ot qPhing P. O. BOX 452, SPRING PARK. MINNESOTA 5"A a Phone: 471-9051 a ON LAKE MINNETONKA Mary Jerome P. Rockvam 47t-85t5 Counclln»mban December 2, 1986 Ellle Haller 471. 004 Larry C Junpe 471.7369 TL: Police Chief Mel Kilbo Ron Kraemer FROM: Pat Osmonson, City Administrator 471.7339 SUBJECT: heather Siren - Cost Sharing Carl Widmer 471.9429 At their meeting on December 1, 1986 the City Council unanimously voted to participate in the cost sharing of the weather siren as proposed in your memo of November 21st. We understand Spring Parks share will be $3100.00. The Council has finalized their budget for 1987 but will provide this cost in the 1988 budget. We further understand that the siren should be operatiomd by March 15, 1987. We all look forward to a long needed weather warning system. THANKS. 4188.5 TO: Mayor and City Council APR 1119L8 FROM: Mark Bernhardson, City Administrator DATE: April 1, 1988 !j E OF ORGMU SUBJECT: Lake Minnetonka Lake Level Attachment: A. Art Finkelstein Letter Dated 3/15/88 B. Lake Minnetonka Lake Level Report Dated 3/17/88 ISSUE 1. Determination of Council response to Attachment A. INTRODUCTION - On March 16th the City received a letter from Art Finkelstein, 1720 Shadywood Road, regarding his concerns on the lake level. The Council has for a long time monitored the lake level and it has been Council direction to work to have a "cross representation" between the Lake Minnetonka Conservation District and the Minnehaha Creek Watershed District Board, who regulate the lake level via Grays Bay dam. DISCUSSION -- The lake level of Lake Minnetonka is a function of contributions made to it in various forms together with various means by which water leaves the lake. The following represent the major items: CONTRIBUTIONS - Rainfall/snowfall - Underground pumping - Amount of runoff from precipitation in the watershed WITHDRAWALS F.vaporat3on (function of temperatures/humidity and winds) - Outflows over the Grays Bay dam - Aquifer/lake interaction - Pumping out of the lake As noted by the fact that the lake level has varied markedly over the last year and there has been no outflow over the dam, the principal lowering of the lake level has been the lack of precipitation coupled with evaporation together with an unknown, aquifer/ lake interface, w`iich may drain out a portion of it. (Dependent to some degree on amount of water in the aquifer.) Balancing of Lake and Creek Usage - The Minnehaha Creek Watershed District, whose Board is mostly of people downstream from the trays Bay dam, has the means afforded it to try and balance the ne—is of both the lake people and creek people as to how much water there is in the creek. This is both an issue of high water for lake and creek people when there is ..n over abundance of precipitation and a lower level when there has been a lack of 1 VA precipitation. Recalibration of Benchmark at Grays Bay - During 1986 it 4as determined_that the callbraton of height at the Grays Bay dam was 2/10ths of a foot off, this has been recalibrated and is reflected in the change 2/10ths of a foot lowering in the height of the marks. There has been no change however in the ordinary high water mark and so that would mean that the lake will be' raised 2/10ths of a foot higher now before the outlet takes effect. Control of the Lake Level - WO ie the lake level is principally a natural phenomenon composed of precipitation, the amount of runoff that is not absorbed, the evaporation, the aquifer lake interface etc. the outlet at the dar, is the one variable that has human control. This is under the governance of the Minnehaha Creek Watershed District and as such this interface would be the most appropriate through which to work. Impact the City of Orono_ Task Force May Fiave on Lake Level Issues - While the City could appoint a Task Force related to the lake levels, it may be most appropriate that this be worked through at the Watershed Dic '-t level. Current_ Lake Levels - Current lake levels are a result of some rather dry times the last two years. These dry times are small n comps r i son to the ' 30's when the 1 ake was out as much as 100 feet in certain areas and certain parts were platted and/or farmed. The current levels however are some of the lowest in the last 10 to 15 years. ALTERNATIVES_ - The following represent alternatives the Council can take: 1. Take no action on the matter, thanking Mr. Finkelstein for his concern and directing him to the Minnehaha Creek Watershed District. 2. Have the Council send a letter to the Minnehaha Creek watershed District concerning the problem and recommend that they undertake a study of the issue. 3. Appointment of a committee locally to deal with the issue. 4. Table for further. consideracion. RECOMMENDATION - It is recommended that the Council forward Mr. Finkelstein's letter to the Minnehaha Creek Watershed District and to the Lake Minnetonka Co-rservation District ro also offer the City's and Mr. Finkelstein's assistance (if he is agreeable) to determine if there are any other actions that can be undertaken in regard to the lake level. ccs Mr. Art Finkelstein _jR(P� 1i I (60 March 15, 1988 Mayor .Tames Grabek City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Grabek, For the past two years I have watched with interest the "ups and downs" of the Lake Minnetonka water level. Local news- pape- articles have addressed this issue witt comments on wal-eL evaporation, the Grays Bay Dam, Minnehaha Creek, lack of or excessive precipitation etc.. As an interested party who lives on Crystal Bay my concern has been aimed primarily on how long should I make my dock or how many spare props should I have or whether or not to expect my basement to flood. To say the least the information that is available about what is or is not the proper lake level or whether or not the dam should be open or closed has been con- fusing at best anc' misleading at worst. I would like to volunteer as a committee of one to gather information to dispel this confusion and to provide the council with a report summarizing the salient facts on this issue. My reason for approaching you is to receive the approval of the council since I believe I am more apt to get information from the appropriate agencies with that approval. Respectfully yours, Arthur B. Finkelstein 1740 .,hadywood Road Wayzata, MN 5a391 MEMO TO: Board of Managers Minnehaha Creek Watershed District FROM: Eugene A. Hickok and Associates DATE: March 17, 1988 RE: Lake Level, Flow and Precipitation Summary for February 1988. Lake levels in Lake Minnetonka have stabilized at approximately 928 in February as illustrated by the attached graph and lake elevations. There has not been any discharge from Lake Minnetonka to Minnehaha Creek since November 17, 1986. Creek flow at the Browndale Ave. dam in Edina is not measured during she winter months. The 30 year average precipitation for February at the National Weather Service station in Maple Plain is 0.78 inches. The actual precipitaiton recorded in Wayzata for February was 0.19 inches. A summary of precipitation follows. PRECIPITION SUMMARY Actual 30 Year Average Maple Plain February -- 0.78 Minneapolis -St. Paul Intern'l Airport February 0.30 0.85 Wayzata February 0.19 -- � �r � 2 � Diu. 930.00 929.80 929.60 929.40 929.20 929.00 928.80 928.60 928.40 928.20 928.00 927.80 927.60 927.40 927.20 927.00 LAKL MiNNEFONKA Water Levels 1987- 1988 NOHW(929.4) RUNOUT ELEVATION(928.6 09-Jan-87 21 -May - 87 /_- 31 -Jul-87 21-Sep-87 05-Jon-88 96 OAT Date Elevation Flow Date Elevation Flow Date Elevation Flow Gate Elevation Flow 09-Jan-87 928.38 0.00 21-Jan-67 928.37 0.00 30-Jan-87 929.38 0.00 015--Feb-o7 928.40 0.00 18-Feb-97 928.35 0.00 26-Feb-87 928.34 0.00 06-Mat-87 928.35 0.00 134W -97 928.34 0.00 26-Mar-87 929.37 0.00 06-Apr-87 928.28 0.00 13-Apr-87 928.25 0.00 21-Apr-87 93.20 0.00 27-Apr-97 928.22 0.00 04-1ay-67 9N.22 0.00 12-Mir-V 928.23 0.00 21-nay-97 977.94 0.00 29-44y-87 927.93 0.00 03-Jun-97 927.89 0.00 15-Jun-91 927.60 0.00 23-Jun-87 977.67 0.00 01-Ju1-87 927.55 0.00 06-Jul-87 927.48 0.00 14-Jul-87 927.43 0.00 16-Jul-61 927.37 0.00 21-Jul-87 927.71 0.00 22-Jul-87 927.71 0.00 24-Jul-87 92B.62 0.00 27-Jul-87 M.73 0.00 26-Jul-87 93.73 0.00 30-Jc'-87 928.79 0.00 31-Jul-87 928.81 0.00 03-Auq47 928.61 0.00 06-Aug-67 929.78 0.00 10-h17-87 93.79 0.00 li-fkq-B7 M.77 0.00 I; *qv 928. 85 0.00 i8-Auq-B7 928.83 0.00 19-Auq-V 929.79 0.00 24-"--67 929.72 0.00 26- Auq-87 73.63 0.00 31-44_T 928 C 0.00 01-*-e7 928. 64 0.00 08-Sep-87 928.52 0.00 14-Sep-87 928.48 0.00 1L-Sep-67 928.53 0.00 21-Sep-87 928.47 0.00 25-Sep-87 928.44 0.00 29-Sep-67 M.42 0.00 05-Oct-87 9'2B.32 0.00 12-Oct-E7 929.17 P 16-at-87 928.16 O, 20-0ct-W 928.15 0.00 26-0ct-87 928.12 0.00 02-Nov-67 9K.06 0.00 09-Mov-07 928.04 0.00 16-4bv-47 928.04 0.00 24-Nov-87 928.00 0.00 01-DK-97 928.10 0.00 01-Dec-87 928.06 0.00 le-OK-V 73.08 0.00 * 05-Jan-88 927.66 0.00 19-Jan-4 M.98 0.00 03-fob-a 927.96 0.00 17-Feb-88 927.94 0.00 25 Feb 88 917.96 0.00 07-Y.ar-88 927.96 0.00 I5-Mar-Be 928.00 0.00 *"TOTE: The zero elev,ition for the lake gauge was adjusted down 0.22 feet this adjustment was effective Jan. 1.1988 TO: Mayor and City Council C"JUKIL MUTING FROM: Mark Bernhardson, City Administrator J DATE: April 1, 1988 AM 11 IR8 SUBJECT: Options Regarding Land Use Reviews i"I 1 Y OFF El� ONO Attachment: A. Outline Regarding Land Use Controls ISSUE - Presentation of options relating to ways that the City may desire to undertake as it relates to its land use controls, and the means by which it reviews those. INTRODUCTION_ - In the City of Orono its land use controls represent a significant aspect of its municipal government. Presently under the ordinance the City Council is the final authority on all land use issues with the Planning Commission acting as an advisory board for subdivisions, variances, conditional use permits, zoning and comprehensive plan amendments. (An additional land use control, which the City has not used to date, but may in the future, is that of the official mapping process.) In addition to these traditional land use controls, the City has -!Fo involved members of the Planning Commission in its review of its marina licensing together with contemplation to use them in analysis for the facility study. DISCUSSION - As part of the Strategic goal setting for 1988 the City-Counci 1 desired to review the uti 1 ization of its planning Commission to see if there were alternatives to its current land use control process. While not required to undertake formal planning activities the City Council can either assume total responsibility itself, delegate to administrative officers or appoint a Planning Commission. The Planning Commission can either be advisiory by nature or actually have selected powers delegated to it by the Council. In addition the Planning Commission can either act as a Board of Adjusments in appeals for hearing of variances and appeals of administrative decisions regarding the enforcement of the zoning ordinance or official map. The Board's decisions can be final subject to appeal to the Counci 1 or advisory to the Council. If a separate Board is created, the Board cannot review special or conditional use permits, zoning ordinances or official map amendments. These must he done by the Counci 1/Plannf ^ommission. Various cities take various app,- -hes in this matter. Some cities utilize a Planning Commission to perform all the functions as an advisory body in the same manner as Orono. Some communities delegate the final decision authority and/or final decision pending appeal authority for variances to a Planning Commission/Board of Zoning Appea16. In some communities Planning c(immissions handle sut,divi - ions conditional utie permits, r7omprehensive planning and zoning amendments together with the official map and the Board of Zoning Appeals is a sepacu Board that is composed either of a different set of members or some set members of the Planning Commission. Any alteration from the current arrangement where the Planning Commission acts as the sole advisory belly to Council will have are impact on meetings, staff demands, level of coordination and the amount of authority delegated by Council. In addition the City can utilize the Planning Commission in the capacity for special reviews, such as marinas and facilities. ALTERNATIVES_ - The following represent alternatives that the Council may take in relationship to this: 1. Review the situation and decide to retain the status quo 2. Develop a separate Board of Zoning Appeals and Adjustments to he composed of; a. Selected members of the Planning Commission b. Members composed of people other than Planning Commission members 3. Alter the size of the Planning Commission 4. Delegation of the Council powers to Planning Commission anti/or Board of Zoning Appeals 5. Utilization of a Task Force in an advisory capacity to review the -oning amendments and/or marina licensing. Such a Task F,)rce would most probably be required to submit any r-commendaticns regarding any zoning amendment change-s to the Planning Commission and ultimately to the Councii. MEETING ALTERNATIVES - At this meeting the fo._lowing are possible elternatives: 1. Table discussion for a future meeting. 2. Refer this general discussion to the Planning Commission for their comments. 3. Provide direction to the staff for recommer.datic including development of goals and objectives t i'ounc, i l may desire to obtain i n a review of its land L process. RF.COMMF:NnATIOr •• It is recommended, at this point, that follow: discussion end comments by the Council as to goals and objecti% to he achieved that this general discussion ref lecting the opinions be submitted to the, PIanninq Commis�-,i(in for tho consideration. PROPOSED MOTION - Moved by , seconded by , that the Council discuss the issue „s to goals and objectives to be achieved and submit it to the Planning Commission for their comments. This is to brought back to the Council by the end of May. Ayes _, Nays cc: Jeanne Mabusth, Zcning Administrator Michael Gaffr�)n, Asst. Planning 6 Zoning Administrator Richard Putnam, 2765 Casco Point Road ORONO CURRENTLY Comprehensive Plans PC/A and Amendments Zoning Ordinance PC:/A and Amendments Subdivisions PC/A Variances PC/A Conditional Us<, PC/A Permits Official Map -- Appeals of Zoning PC/A Administ-ativ(} .)cc i i on s LAND USE CONTROLS ALTr,v..aATIVE ALTERNATIVE #1 #2 PC/A PC/A DC/A PC/A PC/A PC/A PC BA/A PC/A PC/A PC/A PC/A PC BA/A PC - Planning Commission A - Advisory BA - Board of Appeals and Adjuster. is ALTERNATIVE #3 PC/A PC/A PC/A Bf. PC/A PC/A BA 4588.2 C9UNCK MFUIMG TO: Mayor and City Council APR 11 19Cs FROM: Mark Bernhardson, City Administrate �� ��lTY OF ilTk'j ft DATE: April 5, 1988 SUBJECT: 1987 Police Department Operations Attachments A. 1987 Police Department Operations - Financial B. 1987 Police Department Operations - Statistical 'SSUE 1. Presentation of information to Council regarding Police operation: and contracts for 1987. 2. Formal ipproval of credits to the co.itract communities as required by the debit/cred:-, clause in the Police Contracts. INTRODUCTION - Presented for your information are the operations ant'__rnanciai information for 1987. The information is beneficial in comparing operations to the percentage of total budget charged to each of the communities to indicate how closely the contract costs parallel the demands for police services in each of the communities. In addition the contracts have provided a debit,/credit clause starting in 1982 whereby the actual costs for any particular city's contract is compared to what they actual I paid. If their costs are greater than the budget f—ey owe the City of Orono additional monies. If as has been the case r,vei the last sfveral years, a.; noted in Attachment A, they owe less than paid there has been a credit. Thi credit is subtrac*-eel from the payments on the 1.988 contract. DISCUSSION - OPERATIONS AND COSTS - As noted since 1983 in tracking the uemand activities (part I and part II crimes) there has been variation between cost to each of the communities and Part I and Part II crimes with Spring Park and Long Lake alternating between being higher in buriget compared to* of activity and vice versa. Orono has generally had its activity level run about 10% ahead of its cos*s (1986 illustrated a closing of that gap). Minnetonka Beach generally having slightly less activity than their costs. A 1983 1984 1985 1986 1987 Orono % of Crimes 56.8 56.5 53.5 51.7 56.7 3udget 50.0 50.6 50.1 49.7 50.3 Long Lake 8 of Crimes 20.8 21.5 19.2 19.0 18.1 Budget 20.8 21.1 21.2 22.0 22.6 Spring Park 8 of Crimes 18.2 17.7 22.8 24.7 21.2 Budget 23.7 22.9 23.8 23.2 21..8 Minnetonka Beach 8 of Crimes 4.1 4.2 3.8 4.6 3.8 Budget 5 2 5.3 5.2 4.9 5.2 Factors for determining the contract costs for tfie base budget are: 50% assessed value, 25% population, 12 1/2% number of road miles and 12 1/2% square area together with the specific personnel costs for additional manpower selected by the communities of Long Lake and Spring Park. It is to a degree, surprising that the result in costs based on the formula come as close as they do to the Part I and Part II crimes over the long term. It would not be unusual to see a much greater disparity between the two as the factors which are used do not necessarily correlate with the demand items for service Part I and Part II crimes. BUDGET - For the most part the base budget was in line with the projected budget. The variation between Spring Park particularily, and in Long bake to a certain extent was the absence of Mike Kirnyczuk during the hulk of _he year when the City of Orono was not able to fi 11 in the "fourth" spot in Spring Park together with slightly junior officers on the Long Lake contract. Additionally the Town Aid revenue was greater than had been projected. While part >f Officer Kirnyczur's time was made up through the employment of part-time officers, the spot was not fully covered by those part-time officers in total hours. Additionally the cost differential between his salary as a more senior patrol officer and that -f a part-time office: made some difference. CREDITS - As noted contract communities are given credit in the following years payments whenever their actual costs are less than the amounts charged the previous year. RECOMMENDATION - It is recommended that the Council accept the information regarding the operations and approve the credits as outlined in Attachment A. ALTERNATIVES - Issue 1. Op-erationcs reports 1. Accept 2. Discuss and accept 3. Table for further discussion I Issue 2. Credits 1.-Adopt 2. Table for further discussion It is recommended that the Council accept the information regarding the operations and approve the credits as outlined in Attachment A. PROPOSED MOTIOt] •- Moved by , seconded by , that the Council accept the information regarding the police_ department contract operations for 1987 together with approving the contracts for the Cities of Spring Park, Long Lake and M i nnetnnka Beach to be used in reducing those communities 1988 payments. Ayes __, Nays __ 4188.10 TO: Mark Bernhardson, City Administrat-or FROM: Tom Kuehn, Finance Director iW, DATE: April 1, 1988 SUBJECT: 1987 Police Department Operations - Financial Attached are schedules comparing the 1987 actual expenditures to the bud;ets for the police department operations in the "base" contract, and the additional manpower contracts for Long Lake and Spring Park. Alamo attached is a copy of the 1987 cost distribution by city and the resulting amount due to or from each city. The 1987 costs are $19,439 under budget. The amount under budget is made up of three parts; the base contract is over budget $87; the Long Lake additional manpower is under budget $3,864; and the Spring Park additional manpower is under budget $15,662. The net effect of the 1987 final contract costs is that Long Lake will be credited $8,201 in 1988, Minnetonka Beach will be credited $73 in 1988, and Spring Park will be credited $21,981 in 1988. These are a result of lower than anticipated costs and higher than anticipated revenues from the State for "Police Town Aid". 1 " lei 8. 1OB C ITY OF 041(M POLICF. DEPARIM-dIr 1987 BUDGE,`r YEAR YEP.R I:NDFI) DEZE] ER 31, 1987 BASE CONTRACT ACTUAL OVER BUDGET ACTUAL (UNDER) BUDGET Salaries - Regular $313,936 $322,217 $ 8,281 Salaries - Overtime 11,500 23,730 12,230 Salaries - Temporary 500 1,975 1,475 Salaries - Severence 7,500 -0- (7,500) Salaries - Holiday (Union) 8,756 6,671 (2,085) P.E.R.A. 38,940 39,822 882 F.I.C.A. 3,370 3,217 (153) Hospitalization Insurance 16,740 19,634 2,894 Life Insurance 1,769 1,704 (65) Worker Compensation Insurance 17,568 18,988 1,420 Office Supplies 51000 8,846 3,846 Motor Fuels and Lubricants 28,100 18,479 (9,621) Clothing & Personal Equipment 6,725 7,909 1,184 Building & Grounds Maint. Supplies 250 383 133 Equipment Parts & Access 4,500 4,317 (183) Books & Periodicals 900 1,208 308 Training Supplies 1,150 1,115 (35) Legal Consulting 1,500 929 (571) Other Consulting 7,500 81981 1,481 Telephone 7,000 4,937 (2,963) Postage 1,500 1,459 (41) Printing & Publishing 2,500 1,712 (788) Utilities 2,900 2,991 91 Radio, Rental 6,900 5,374 (1,526) Building Rental 8,250 8,228 (22) M3intenance-. - Office Equipment 3,500 1,589 (1,911) - Automotive Equipment 11,000 12,599 1,599 - Misc. Equipment 1,0(30 1,181 181 - Building & Grounds 1,500 3,108 1,60E Janitorial Servi^e 2,700 2,938 238 LOGIS - Admin. Services 1,520 1,552 32 LOGIS - Data Processing 4,770 4,758 (12) Meetings, Conferences & School 8,250 8,448 198 Insurances 22,620 14,582 (C,038) Memberships 86r 1,111 251 Travel, Mileage, Parking 350 461 ill Licenses & Taxes 186 42 (138) Capital. Outlay - Buildings 11000 839 (161) - Office Furniture & Equip 3,460 1,786 (1,674) - Automotive rquipment 28,600 28,298 (302) - Other Fquipment 81060 6,593 '1,4671) 'I YnkL S604,624 .as=arse S604,711 ate--aaaaa S 87 ==s=a== 4188.10C CITY OF ORONO POLICE DEPARTMENT 1987 BUDGET YEAR YEAR ENDED DECEMBER 31, 1987 ACTUAL OVER BUDGET_ ACTUAL_ _ (UNDER) BUDGET LONG_ LAKE_ ADDITIONAL_ MANPOWER -- Salaries - Regular $ 84,261 $ 84,547 $ 286 Overtime 4,500 2,729 (1,771) Holiday 3,565 2,942 (623) P.E.R.A./F.I.C.A. 10,538 11,126 588 Hospitalization Insurance 5,780 4,593 (1,187) Life Insurance Workmens Compensation Insurance 342 4,944 305 4,500 (37) (444) Clothing & Personal Equipment 975 329 (646) Memberships & Licenses 60 30 (30) TOTAL ADDITIONAL MANPOWER $114,965 $111,101 $ (3,864) SPRING PARR ADDITIONAL_MANPOWER Salaries - Regular $111,313 $101,062 $(10,251) Overtime 6,07a 5,016 (984) Holiday 4,629 4,736 107 P.E.R.A./F.I.C.A. 13,912 12,986 (926) Hospitalization Insurance 6,470 4,773 (1,697) Life Insurance 1,019 6,628 645 5,950 (374) (678) Workmens Compensation Insurance 521 (779) Clothing & Personal Equipment 1,300 Memberships & Licenses 80 -- -------- ( ) -------- TOTAL ADDITIONAL MANPOWER -------- $151,351 $135,689 $(15,662) ====-xcc -==xox== saasxxxs I 418B. 10,% CITY OF ORONO ACTUAL COST DISTRIBUTION BY PARTICIPANT COMPARED TO ESTIKATED COST DISTRIBUTION BY PARTICIPANT 1987 BUDGET YFAR MINNETONKA SPRING E:STIMNTED COST DISTRIBUTION ----------------------- ORONO LONG LAKE BEACH PARK TOTAL Com posit 8 applied OXCept to 71.649% 121.986% 6.0571 9.308% 100.000% Contract Charge Base Budget $433,298 $ 78,516 $ 36,622 $ 56,278 $604,624 Administration 43,320 7,852 3,662 5,628 69,462 ---- Total ----------------------------------------------- 476,528 86,368 49,284 61,996 665,086 Police Town Aid Credit (1986-87) (18,683) (3,397) (1,5R4) (2,436) (25,190) Total Net of Town Aid ---------------------------------------------------- 457,845 82,971 38,700 59,470 638,986 Contract Charge -- 17,554 8,189 12,507 30,335 Total ---------------------------------------------------- $457,845 $100,530 a ..................a $ 46,889 $ 72,057 ... ............ $677,321 Additional Manpower ............ $114,965 $151,351 $266,316 Town Aid Credit (1986-87) (8,709) --------------------------- (11,609) (20,390) ------------------------ 106,265 139,751 246,916 Contract Charge ---------------------------------------------------- 6,376 8,385 14,761 Total $112,641 $148,136 $269,777 GRAND TOTAL E:STIMATE:D COST $457,845 ............................. $213,171 $ 46,889 ...................... $229,193 $938,098 ACTUAL COSTS DISTRIBUTION ------------------------- Cross Coats $433,270 $ 78,52B $ 36,627 $ 56,286 $694,711 Administration 43,327 7,951 3,663 5,628 69,471 Total ---------------------------------------------------- 476,597 86,381 40,290 61,914 665,182 police Town Aid Credit (1906-87) (19,514) (3,541) (1,651) (2,538) (27,264) T otal Net of Town Aid ---------------------------------------------------- 457,963 82,840 3R,639 59,376 637,918 *n:,Z 'harge -- 17,532 8,1"7 12,566 38,275 Total ---------------------------------------------------- $457,963 .................................................... $190,372 $ 46,916 $ 71,942 $676,191 Additional Manpower $111,101 $135,609 $246,792 Town Aid Credit (1986-87) (12,424) -------- (16,566) -------- (28,990) -------- Total Net of Town Aid 98,677 119,123 217,800 Contract Charge 5,921 -------- 7,147 -------- 13,069 -------- Total 51A4,598 $126,270 ........ $239,868 ........ GRAND TOTAL ACTUAL COST 5457,063 ........................................... ........ $204,970 $ 46,816 $198,212 $907,961 ....... Actual Costs Over (Under) Est. 5 (792) $ (8,191) $ (73) $(21,981) $(31,977) Costs ..................................................... Charge (Credit) to 1989 Contract Billing Date 07101 88 $ (4,101) $ 137) $(10,991) Billing Date 10/01;'RR (41160) (36) ---- (10,990) T'ITAI. C'HAR(;P. J-71RF1tIT) $ (8,201) ............................... $(73) $(21,981) 33188.2(51) POLICE SERVICE CONTRACT ADJUSTMENT ORIGINAL APPLIES NET CONTRACT FOLLOWING CONTRACT SERVICE_YEAR AMOUNT YEAR COST CITY_OF_LONG_LAKE 1986 $213,226 $(19,691) -193,535 1985 158,005 3,701 161,706 1984 149,485 (3,247) 146,238 1983 130,328 2,320 132,648 3.982 121,497 (14,969) 106,528 1981 114,724 (8,694) 106,030 1980 112,887 (2,466) 110,421 1979 63,936 (892) 63,044 CITY_ OF_MINNETONKA_BEACH 1986 $44,478 $ (988) $43,490 1985 38,753 (1,226) 37,527 1984 36,379 385 36,764 1983 32,592 916 33,508 1982 29,459 (1,205) 28,254 1981 25,820 564 26,384 1964! 16,889 1,134 28,023 1979 19,616 (271) 19,345 CITY _OF_ SPRING _PARK 1986 $22',,553 $(23,3,10) $204,213 1985 171,957 (410) 173,547 1.9-4 164,235 (5,845) 158,390 1983 153,222 (2,053) 151,169 1982 141,936 (6,212) 135,72.4 1981 130,54;; 3,302 133,850 n 4188. 8 ET NG 'ro: Mayor and City Council FROM: Mark Bernhardson, City Administrator, DATE: April 1., 1988 SUBJECT: Ordinance Amendment - Dangerous Weapons 9.10 Attachment: A. Draft Amc,ndm,,nt to Dangerous Weapons Ordinance ISSUE - Consideration of a amendment to control all explosive charges in the City. INTRODUCTION - In the City's dangerous weapons ordinance, which has been been amended a number of times, the Police Chief recently discovered another "loophole". it was determined that the ordinance does not directly govern the discharge oL dynamite in the community. As this can be as dangerous, if not more danqerous than many of the weapons listed, it is appropriate that the ordinanc- govern this also. DISCUSSION - To correct what io apparently an oversight, that being the consideration of the discharge of dynamite as a weapon. Attachment A was drafted by the Attorney's office for the Police Department. ALTERNATIVES_ - --- 1. Adcpt 2. Amend and adopt 3. Table RECOMMENDATION - It is recommended that the attached language be adopted to i roc l ude the discharge of any explosive device including dynamite to the ordinance and that there can be no discharge of such explosives without permit from the City. PROPOSED MOTION - Moved by , seconded by , that the Council adopt Attachment A as an amendment to Ordinance No. 9.10. Ayes , Nays cc: Mel Kilbo, Police Chief 331.88. 3 ORDINANCE'NUM13ER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.10, SUBDIVISION 3 ADOPTED APRIL 1, 1984, AND ENTITLED "AN ORDINANCE RELATING TO DANCEROUS WEAPONS AND ARTICLES" The City Council of Orono ordains: Ordinance No. 9.10, Subdivision 3 adopted April 1, 1984, and entitled "An Ordinance Relating to Dangerous Weapons and Articles" is amended to read: Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol, or other firearm, firecracker, sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a 5-B gun. This ordinance becomes effective from and after its passage and publication on _ ___ _ __ _• Passed by the Council this llth day of April, 1988. James A. Grabek, Mayor ATTEST: boiothy M.-Ha11 i n, City Cferk Publish the week of in the maker and Pioneer newspaper. WAYNC U. T`:JPHAM RAYMOND A. HAIK ROGER W. SCHNOSPICH D[NV11 11 AU MAN ROOT RT A. MINI S. RUL1"E A WORSEN G. MARC WHITEHEAD ORUCC D WILLIS F REDEPICK S. RIC.HAROS G. PO b EPT JON N SON GAP R. MAC OMOtR ROSE RT O. SURK HUG. V. PLU N.C7t.111 FREDC PICK C. GROWN TMOM AS K.SERG JAMES R. 51'E. tAN JAMEO O LOCKHARI ALLCN W. HINDCRAKEP C LIFrOPO M. C-RECHE e, WIlL1AM KAUFMAN MICHAEL D.►PEILMAN HOW. SAM MYEPS.111 LAPAY D. ESPEL JANIE S. MAYEPON POPHAM, HAIK,SCHNOBRICH CK KAUF MAN, LTD. 3300 PIPER JAFFRAY YOWL ii' THOMAS J. DARRf TT JAMES A. PAYNC DAVID A. JONES LEE E.SHCEHY ALAIN FRECON LESLIE OILLrTir MICHAEL T. NILAN ROBERT H. LYNN THOMAS M. SIPYINS ROSE PT C. MOILANEH THOMAS F.NELSON THOMAS J.RADIO DAVID L.H. AHMALL KATHLEEN M. MARTIN JOHN C.CHILDS DOUJLAS P.SEATON THOMAS E. SANNER RICHARD A. KAPLAN SRUCE S. MepNECTEPS SCOTT E. RICHTER PAUL J. LINSTROIM SCOTT A. SMITH CLIT.AS[TH A.THOMPSON KEI TH . HALLELAND Mr. Mark Bernhardson City Administrator city of Orono Post Office Box 66 Crystal Bay, MN 55323 MINNEAPOLIS. MINNESOTA 55402 TELLPHONt. 611-333-+000 ICLCCOPICR 133161P-33+-E71a U21 SIa-33+-Jl701 J 1311618-33+ e603 T SUITE E+00 I Roo SEVENTEENTH STREET DENVER, COLORADO 00202 TELEPHONE 303-003-1100 TELECO►IEP 303 003-210+ SUITE 300 SOUTH 1000 M STREET,N. W. WASHINGTON, D. C. 20036 TELEPHONE E0I-S&O-5300 TELECOPIEP 202-0E4-S316 DIRECT DIAL NUMBER 334-2755 March 28, 1988 Pc�t *T�aQ1�p�,� cos I R JZ�etdF�l��fAssf fl RI AN W M ^,. 9rCVCN A. CM[ Rr U. vlItEER HOMAS 1. MIELENHAUSEN PATHLEEN A. SLATE MICHAEL O.CNRISTENSON J. MICHAEL SCHWARTZ L•PAYE ".OSBORNE TOOD M. JOHNSON JEFFREY P. CAIRNS LOUTS P. SMITH ORUCE N. LITTLE MARK F.PALMA RUSSE LL S.PONESSA SRYAN L.CRAWFORD MATTHEW E.DAMON JOMN W. PROVO ELLEN SUE PARKER GREGORY O. BROOKER W ILLIAM M. OJILE. JR. ROSANNT� OER EAT C. CA Lf THC .HANK l JULIE FLC LSE OEOORAH A. DYSON ZACHARY M. JONES SENSON K. WHITNE-, KATHRYN M. WALKER c:cORaE J SOCHA SHANE R. KELLEY 61=11 M. WCIS MAR. {. TEN EYCK DUANE R NOECKER .{COUNSEL FRED L. MORRISON Re: Amendment to Dangerc)us Weapons aril Art_i,les Ordinance Dear Mark: Chief Kil.bo and Scott Richter have noted an apparent omission in City Ordinance Section 9.10, subdivision 3, a copy of which is attached. Scott asked me to review the ordinance, and if necessary, initiate an amendment. Section 9.10, subdivision 3 relates to the discharge of explosives and firearms. Although the title of the subdivision references explosives, the test does not specifically prohibit the use of explosives. The existing reference in the title alone would probably not support in enforcement action. Thus, under a narrow reading of the ordinance, someone caull set off dynamite and not be s:ibject to this provision. 1 s-jspect this omission represents a /grafting or clerical error. I woulli suggest that Section 9.10, subdivision 3 be amended to rend: Discharge of Firearms and Explosives. It ic- Lnl4wful for any person to fire or Iischargo 4ry form or type of explosive or explosive t:ev1,.; L=+) nnon, gun, pistol, or of er rearm, firecrAcVerr, sly rocket or other fireworks ►pow and arrow, air gun, air rifle, or other simil:1,i ievice commonly referred to as a n-4 gun. (4ew language underlined) Mr, Mark Bernhardson ch 28, 198B Page 2 I believe that the addition of this broad language will correct the present omission as well as allow some enforcement flexibility. It is my understanding that the City Staff handles the amendment process but if you would like any further input or action from me, please let me know. Ve my yours, Tienson K. Whitney BKW/jlp/4403j Enclosure cc: Chief Mel Kilbo norothy Hallin Tom Barrett Scott Richter S 9.10 SEC. 9.10. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for my pers ,n to: A. Recklessly handle or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another; or, A. Intentionally point a firearm of any kind, whether loaded or unloaded, bow and arrow, explosive or other dangerous weapon, capable of injuring or killing a human being, at r toward another; or, C Manufacture or sell for any unlawful purpose any weapon known as a sly .g-shot or sand club; c..:, D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or, E. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or, 1. Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or, G. Permit, as a parent or guardian, any child under fourteen years of age to ha,iOle or use, outside of the parent's or guardian's presence, a firea-_m or air gun of any kind, or any ammunition or explosive; or, H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or the Chief of the Police Department. Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein men`i.oned if the purpose of such possession is for public exhibition by museums or collectors of art. Subd. 3. Discnarge of Firearms and E Jsives. It is unlawful for any person to fire or discharge cannon, gun, pistol or other firearm, firecracker, sky rocket or other ti fireworks, bow anarrow, air gun, ai.t rifle, or other similar device commonly referred to as a B--B gun. Subri. 4. Exception. Nothing in Subdivision 3 of this Section shall ;apply to a display of fireworks by an organization or group of organizatiorus authorized in writing by the Chief of Police, application for per^'it being made at least fifteen (15) days prior to the event., ur to a peace officer in the discharge of his duty, or to a parson in the lawful defense of his person or fa roily. This Section shall not apply to the discharge of firearms in a range authorized in writing by the Council. ORO NO CC 20 3 (4-1-84) 4188.6 CO/ TO? Mayoa and City Council APB' 1 VAM'. Mark Bernhardson, City Admin;: t:ato ���y' Dh?R: April 1, 1986 sOSJDC'!': Board of Review Date_April_27i_1988_at7sQA_P.M. Just a reminder of the time and Ante for the Board of Review caning up the end of April. k 4188.7 #,0' 02 e-7 t. j. TO: Mayor anti C P y Council FROM: Mark Bernhardson, ':ity AdministratorVk r,Pn 1119'_� DATE: April 1, 198B i',Alr OF got)" SUBJECT: Refund of Monies to Schlee Builders Attacbr,Ant A. Briggs and Morgan Letter Dated 3/28/88 (Without Attachments) B. Schlee Builders Letter Dated 9/9/87 (Without Attachments) C. Briggs and Morgan Letter Dated 9/29/87 (Attachment 5 Only) D. City of Orono Letter Dated 5/13/87 ISSUE - D•?termination as to whether the Council wants to provide A�refund of o-erpayments to the Bank, which was -11lected under a -L.,:cter of Credit by the City. INTRODUCTION - In 1982 the Bayshire Townh^roes, west of Blaine Avenue, were undertaken as the first "multiple" development in the City whic`• were duplexes on the old Navr--re 'treater site. ,!-he developer freed to a spec;.il assessment project backed with a letter of credit. These were to be paid oft over a fi.ve year period. Several of the lots were sold. On the ones that were not sold however, the developer di-1 not pay taxes on several of them i n 184 and most of the ones that were not sold i n 185. When the staff -ealied 11^se payments were not being made in a t ely manner the c;ty was C. to collect on a letter of credit on the principal e I A half of '85 3nd thr- balance through '88. Because ! --th_. of calculat.on fur drawi. the letter of credit to a'.th the fact tha the City was unaware of a pre- payment 0^r parcel the City collected a::�out $ 10,000 more than it wou Ia ve been entitled to in the 1 -tter of credit. At this time the parcels have gone tax forfeit and are in a redemption period. The City has bee- working with the Attorr„�ys for the bank (letter of credit issur to resol the matter. DISCUSSION - After several `-alse stnrts the City as been anle to determine a settlement in rei.ationship to the app- oriate dollars still owed on the properties together with the .,ears by which they should he undertaken accountn, for the overpay ent that the City collected under the letter of credit. The City -moved from the special asseoFments the amount: t - it were collected on the latter of credit and when the propc .ores between the bank and the prospective owner, the spec' _ will he appropriately paid off. (These may he paid in ak' of the closing to avoid the foreclosure.) The City will. re, ..e the monies from the '94 an-1 195 specials together with the appropriate pen: -!ties and penalty interest nhoul.i these he paid in May it its tax settlement. The City shoul(i pay back to the bank the appropriate amount it overcol.ected at they time that the specials are paid to the County less the interest it is still owed on the specials for the second half of 1985. The Council granted refu-d authority is up to $1,000. ALTERNATIVES -- 1.-Not reful-id the overpayment and have the bank sue the City for the overpayment. 2. Refund the payment in conjunction with the outstanding specials being Paid to the County. 3. Delay payment of the refund anti 1 such time as the City receives its money. 4. Table RECOMMENDATION - It is recommended that the City authorize the refund in the amount of $4,867.00 to the First American State Bank, Southdale Branch by payment of the outstanding specials on Bayshire development. PROPOSED MOTION - Moved by , seconded by , that the Cou- 'I authorize the refund of $4,867.00 Lo the First American -'a:e Bank upon the payment of the outstarding specials on the Bayshire development (outstanding specials includes all interest, penaltie. and penalty interest outstanding.) Ayes , Nays cc: Tom Kuehn, Finance Director r� MSSSAGE DATA -~ _.:1� Y�V Wo/1Ov� M NArrsaw J. UVM JMN D. Van or NIxrR..l1. tau ORAL" RtrEAwp O. NAu Rowan N- Dnwrw AmmIrN C. SaLmn, Rover OSEARS Awnaaw C. DwRIN Dim L SwAwaor •larraaT J.RaTSS N.J. CALVIN.•Ir. JA ES E. VRiiaw DA,TR C. Faruo Jowls A I,au •lose J. Nt-.RRLT STsra A. Dsaao WNSIt V SaTroes, is. rawn JORL S. Oorr F RSTISAN Run L. wius Ulaser snv T N. Dory Al w R. )4CUw R1C{ASD R. KTu JarrsaT IF SEA. .lover L 11Rver, NATTav L LRvm Ron.= L %siraov DAgw O. Gaulwo Peas R. %aw MVID D. U. " S►StRL L.RAwwaw Joesrw P. No.ca Rw,&w E. ORCEARD CaA•• ms R. Rarson ,IJap Tworsn AsaaY N. Do" !+araRs wnwlrs Tn nav P. FuRaRn Arnow L. (Joann( N.anca R. Piss low. R. Ksaarwa 14sSwr J. PRATTE l.wrAa A. Lssaa Jmn ReLTRaA U.. •o J. spawns Jamsa G, RAT DARIaa I. i.otr. Ja. RW.SAwp R. 4ARriw DoseLAS .. %1W Tern J. RAW KKMARl. 6 .1srwnoa MAN? L.Irrat R.Soorr D.TIp JARS. A. VMS J PAnncs KrOAvirt Roar% L. KAssas LAW OFFICE SRICOS AND MORGAN PROFESSIONAL ASSOCIATION 9400 11)S CENTER MINNE.APOLIS. NIN1Y.soTA tsn4ota TELEPHONE H3121 UDo•000l TELEC'01-19R (e18) 375-1078 INCLLDINO mr. PoRNRR rium or LEVITT, PALMER, BOWEN, ROTMAN a SHARE RPI'I..T To 330-9715 March 28, 1988 Mr. Mark Bernhardson City Administrator City of Orono P. O. Box 66 Crystal Bay, MN 55323 Re: City of Orono Assessments Dear Mark: Rowrwt E w000a NNEAaL J. 1,11waa Wiw.N J. Jo►wns IIAwIAS N. Urns KAoAssT K SAvAoa rerAg" sas t.-'I1rRWp .loss It. Euiwoom N&WT D. AawiMwl RRus C, Dauatz NM_wAsL J. 4'WinTsaw TaNv ", manoss LAoass A. FITw1Aw 4An E. Scrurws{ PAUL S.,IACONSVP 4b-RA,1. a. STSun■ CcusR, V you .Ioaw R. lifnraow DUR. J. Vamp DRTAN RKaasp D AsnaA.aa NnL T. Roars■ SALLT A. SCaataw 3naAs D. TwowAs DArIb C. AcWXAID Tlroran .1. Kssa.w Rams IN moor Raaawt L.."orr ANwoaw R KIMTU-0011 Nnca.aL Team" Nnuss Fsews{Ira P. AMOST I'.ASwe R. CAauabmo Rosen L Us L09TIP A mum Awn Kcarspw EUMA LOsrsr (:noon .1. Sr{waaR Kevin J. Rn1R10 1'11Aau. D. Rlw0292 Rvra J. Ksuus Tasn L %rr Vincim A.Taor.s NArna I. w' NASS J FasNr NANT N. DTwa NAwaa ,1. ww1 PaaaR 4. (' Dslnna L BAu itwrn F Asbaa. N.4u11.Tlrs twtnL T. SarIJ.T Rrls v tiA I F , OA. LArapi a _ ■rr. � we have received the County's recalculations on the taxes and assessments, copies of which are enclosed. A couple of issues remain to be addressed. 1. The recalculations do not include interest for the second half of 1985. 2. The overage of $10,261.68 owed to the Bank by the City. Tie amount of interest for the second half of 1985 is as fillow--: Assessment No. Full Year 9085 $460.31"' 9087 ? 10. 25 1-. Total $770.56 $385.28 x 14 - $5,393.92. Second Half $236.155 155.125 $385.28 ENVO TIN W141111 TSIAOF I P%TFa ...ei FIRN)VATit•N41. NAIT1 NI II111N0 ..iQ—, ill.'IMTSB SAINT FAIT. VINNR.I,I♦ MANS ..tNt -AI 1, NlNwaln.ItA 7An,. N INN wAFiril V, NINNw—MA Ma.Y OW, INN 11Ar1 :MY. ~ WIA NEW ww .iael RRIOGS ANn MORGAN Mr. Mark Bernhardson March 28, 1988 Page Two The City is responsible for reimbursing the Bank for an overage of $10,261.68. The interest can be deducted from the overage as follows: Overage $10,261..68 Less interest 5,393.92 Amount to be reimbursed to the Bank by City $ 4,867.75 Please call with your comments and/or questions. Very truly yours, Attf. ti.,-j—/ 1 Rose M. Grengs ' Legal Assistant RMG:ba Enc. cc: Michael J. McEllistrem 9987.3 DRAFT MEMO SCHLEE BUILDERS LETTER OF CREDIT SUMMARY OF EVENTS September 9, 1987 ATTACHMENTS A. Project 82-1 Resolution 1515 Dated 8/23/83 B. Project 82-2 Resolution 1516 Dated 8/23/83 C. Developer's Agreement Dated 8/2j/82 D. Letter of Credit Dated 11/15/82 E. Orono Letter to Schlee Dated 9/8/85 F. Letter Requesting Payment 1/10/86 G. Bankruptcy Proof of Claim - Undated H. Worden Memo 11/12/85 - Schlee Builders I. Property Resources Corporation Letter Dated 4/27/87 J. City of Grono Letter Dated 5/131187 K. Richard Anderson Letter Dated 9/12/87 INITIAI. AGREEMENT In 1982 Schlee Builders subdivided a piece of property abutting Blaine Avenue in the City of Orono for duplex purposes. As part of this subdivision, the developer entered into :a Developer's Agreement. (Attachment C) regarding special asse.;sments for water, sewer and streets to be financed initially by the City with a special assessment against the property for the total of the project improvements. The City was willing to enter into this agreement provided that security for payment of the special assessment agreement was a Lotter of Cro-dit. This at1roement was entered into on Augu.it 23, 1982 and the tota 1 amount of the Letter of Credit (Attachment I)) was for $245,000 which was just above the $244,669 •.otal estimate of $10,208.00 per lot for street, serer and water. Subsequently an assessment which was certified as 82-1 and as 82-2 for $437,988.45; $15,268.40 which the City �jaiu and of which Schlee was assessed for $239,217.84 for an actual per lot figure of $9,929.93 over 15 yEars at 9.70% interest. These were certified on August 23, 1983 prior to the October 183 assessment deadline and were included on the taxes for payable 1984. The actual assessment was $5,782.16 under the letter of credit. It should be noted that there were 8 parcels that were assessed at the rate of $1,007.99 per half year of assessments and that the remaining 16 properties at the lower rate of 992.99. (This differential is probably due to a lift station improvement that previously had been done that had been assessed against the property for only 16 units and the balance of 8 needed to pay the addit!,�nal charge.) PAYMENTS OF ASSESSMENTS In accordance with the agreement requiring payment of the balance for any parcels sold, there were between the original assessment date and 1985 eight pre -payments, each of which had a corresponding reduction in the Letter of Credit. The Orono finance staff person who handled the process when paid the actual assessmert of $9,229.90 submitted a letter reducing the Letter of Credit by the estimated $10,208.00. In addition during 1984 and 1985 the following assessments were paid as part of the taxes. There were in total 24 parcels tnat were assessed. 1984 14 parcels/first half (11.3,901.86 1 parcel 2 halfs 992.99 1,985.98 1 parcel 2 halfs at 1,007.99 $ 2,015.98 TOTAL $17,903.82 1985 1 parcel 2 halfs at 992.99 $ 1,985.98 1 parcel first half 1,007.99 $ 1,007.99 To,rA L $ 2,993.93 There was no reduction in the Letter of Credit at the time these payments were made. The agreement callea for payment of the total assessment any time a lot was :gold which resulted in the eight pre -payments listed above. (In addition during ti.e course of this most recent investigation it was learned that at least one other parcel had been sold, however with an agreement between S:r , ai the buyer that instead of paying off the City in total .laving Schlee pay off the special assessment it was not prt,aid. whether the owner or Schlee were to pay this is unclear at this point.) DEFAULT ON ASSY:iSMFNT PAYMENTS - As noted above the builder defaulted on 14 parcels on the second half of 1984, however this issue as to the del in,_1t encies was not raised by the City of Orono until August of 1985. By the time the situation was put together in September of 185 it wa ; too late to col lect on the Letter of Credit for the second half of '84 and the first half of 185 c:s the 90 days for submitision from May 1 was over July 31, 1985. As noted in Attachment F the City did make a demand to Schlee for payment of these in advance of requesting a collection on the Letter of Credit. To the 7ity's best knowledge there were 15 parcels in default in the second half of '85 and on January 10, 1� 86 the City made a demand for the second half of '85 together with accelerating, the payments on the balance of all 16 for a total of $114,630.77 (Attachment F). On January 23, 1986 this demand was mct by the Bank with a check, number 18426, First Southdale Bank. In January of 1986 the City also filed Attachment G as its proof of claim in the total of $53,573.21. The City calculated its demand based on: -Total Letter of Credit 245,000.^3 -Fight pre -payments (@ 10,208.31) 81,666.72 -Sub Total 163,3.i3.28 -Assessments paid '84 17,903.82 '85 2,993.93 20,397.75 -Sub Total 142,435.53 -Delinquents '84 13,901.72 '95 (1st Half) 13,901.74 27,803.44 Total 114,632.09 The differences between this method anJ other method f calculations were in part due to the estimate that was higher than the total assessment together with the fact that in this means of calculation the assessments were only credited at the amount actually paid, rather than the higher estimated amount that was used on the pre -payments. Unbeknowns" to the City at the time that it collected $114,632 there was a prepayment on P.I.D. 17--117-23-34- 0027 for a total of $5,957.94. Based o:, the City's legal advice t"e City did not attempt to collect tt.e outstanding amounts from '•.t4 or 165 as it w:3s the opinion of the City's Attorney that the redemption -period for those had expired and therefore the City could not claim them. (Subsequently in discussions in 1987 the representative from Property Resources Company wondered why the City had not collected it as they (PRC) were of the opinion that the City did have a right to do so.) In addition to the outstanding principal from 1984 and 185 the City was also owed the interest on the delinquent amounts together with penalties thereto. COURSE'S_ OF_ AC_TION - SPECIAL ASSESSMENTS - The City having collected a porti( i of the money for the assessments on the Letter of Credit looked at how it should treat t'ie assessments tt:at were still on the books. The City at that point chose not to remove the assessments until the entire matter had been resolved for the following reasons: A. Accounting Method of Removal - Based on the way the County does the assessments the money for assessment would have been credited to the most delinquent of the special assessments and possibly also the taxes with full credit not being given to the '85 and later assessments for which the money was collected B. Bank Claim - It was the opinion of the City's Attorney that :hould the City forgive a portion of the special assess:' ",t-a while this matter was in bankruptcy that the bank could in fait have a claim againsc the City for having removed the special assessments -)n property over which it at that point did not have full. control. C. Unpaid Interest - The City still had unpaid interest even if the principal had peen p, id off and as mentioned in (A) the city could possibly not not get. the County to separate the outstanding principal '.rein t.ne ,>utstanding interest. Q VALID;*,Y OF ASSESSMENT - If the property goes tax forfeit 5 years after the original devault the City would need to reassess the specials. ATTEMPTS TO SETTLE - 1n tho Harsh -April rimeframe of 1987 the City was contacted by Kathren Frame of Property Resources Company and in a letter dated April 27, 1987 (Attachment I) requesting that the City delete the speciil assessments for 1984 through 1986 in advance of the May 15th deadline. The City responded on May 13th (Attachment J) outlining the City's options. The discussions between the two parties continued through the end of June and at that point the City Finan.:e Director, Tom Kuehn, indicated that the City would be happy to settle this matter, if the bank wanted to pay off the balance or work on other arrangements. (The bank having indicated that the City had the opportunity to collect on the entire letter of credit even if it did pass the window of opportunity.) It came as a surprise t::at the City received a letter September 3, 1987 (Attachment K) from Richard An, -,,:son, of Briggs and Morgan demanding the collection and was handling the matter in a legal form. GOALS - ORONO - The primary goal of the City of Orono are a follows: a. That the principal, interest, d appropriate penalties due to the City by Schlee's -an'cr ptcy b. Bring the iss-je to close. ALTERNATIVES 1. Bank Pa., ►'ntire outstanding A!+ount - Thi:3 would entail the paying the principal interest and penaItiel- o. i inquent '84 any' the first half of '85 th:jt wear!: c: stindln9 anc the City in exchange canceling the assessment and adjustment for zhe pre- payment from November of 1985. In exchanges „- this th' bang, would agree that we could do it witho �t ; further claim against the -itf. 2. City Reduce the Seecial Assessments - If posssi:-)le under the County system, pay off the assessments from the second half of '85 forward. This would leave the '84 and first half one '85 delinquencies on as an assessment adjusting them for any prepayments. The bank in exchange w-)uld agree to hold the City harmlA..s on any further claim, for red4cing these assessments. 3. Unilateral Cit Deman,i For Bala ice of Letter of C_r^dit - The City demand- the balance of unpaid 184 and 185 principal amounts on the letter of credit balance still outstanding adjusting for the tdovember '85 prepayment to see if the Bank would pay. In addition the City would need to receive a te?ease of all claim, from the bank. The City additionally would adjust the assessment removing all the principal f . 7m tI.e assessment together with interest ar... penalties from the second half of. '85 and for-ard. This would leave the interest and penalities for 1984 and 1985 as delinquent a::3essments. 4. Lank Initiates Liti ation Iie bank litigates with the City over a fraudulent demand with the City taking no action except in respon ,e to that. Thy City does not L�,ink it can . „q,11 ly apply the letter of credit moni(-5 it col lectcj for 2nd hU_f 1985 onw!• to satisfy the eelinquencier, )f Ir S. This is in essence t e atsted request from the "ank. NAnsr. J 'a.rTT M,mu. L. %ne[ Coos Oaalas NMaut a Jaarnnros Norran N Rena R & a" D.wlsa Furs RArtso J P.Tows MrD ", I.ar,wArz, J tlns. Joni i, V.r ns Nam. Ja. Nwan G Sa.sr RI, "A[TI 1: N.sa Rrn F. 5.►►•wa A.t.ar, t asturw N .I GAL.rw.J■ Awoss. I. NTrass tl.TTeC V. Bata+ Jar►—.1 KrT" Joltw .l Nr: JAW[* r Nu..W I4 Nau Y. SMW%1AM.Ja. Jason A. Wis JtaaT F ilentAIN STs.a A. du.b Tasaw .a N. Dwrta J4*L tl. Gornar.w Swe.tm a. Kris ALAw R Y.r tax .bra L D911111T Jvnrt F. Sa.w ho..u+ L Snasarsor IIAI TAE. L Ua t?l Psrsa R- YatD DArm G. Gonr1" Unun L R.w.er D..tn !. SLOW, Salik"D l owcaAaf DAwIRt M CUr4wt.w Joao Taaraa Jww P Na,- s snvwu rurow ca..stas R.RA.ros Maus L. Gonow AauatA N Burn, Joo R. LoirwS itrc.rrr P. FWat" '"-asuz A. LAUAoa MAnn 'T her a J- S"w as Ibraa.v* J. Pa.TTs • r J.CoLr. -to ,1uo BmTUA LAW OFFICISS DRIOGS AND MORGAti Pft0TFE'tSI0ItAL ABKOC'IATIO`i E34OO IDS CENTER MI::NC.APOI.IK, MINNESOTA 55-WI! TCt_EPHu. IiE (OR! a39-o601 TELECOHIPH 10141 U70-1070 INCLtMINO Till: PCIRMER FIIAM Or LEVITT, PALMER, ROWE-;, ROTMAN & 5 September 29, 1'- Mi. Mark Bernhardson City Administrator City of Orono Post Uf f ice Box 66 Crystal Bay, MN 55323 RL: Navarro Property Dear Mark: I —a. 1, RAT Tr �," L SLTr Pit aAao R M.an. NAraaaw P %.so" T.,,.v .l R.rtA M.n N DT".r■ MAn 1. brat. VATeir■ N GAsn .IAras A N'—r 7lruraT F M.n R_"1. 11...rw I. aswTL A Twrus 14—va, F %.,T. Kv- A AIM. w luAAr.l JI..— MAaa irw.rrurs M.sasrt K SAr.aa N itaun rl M. [kart: ".IA. G IIRIAatr Nuuw N. Iw[att T, r haraawur■ iammx,sv C. taaTatA" K.aT E 8ra.t•na■ NAwir 1l AAts Ism Mu s.ta R YTaa.n[ MI, un. J %"U:.ram Juas tl . wtftrwa PArL S JA %04w fluxAnL 1) w Aw; w N[AL T Borrat ..UT A :rrrwtw TtwiorrT J FLAS"r Darin t" X Dm"A CAatna R ussufttnua Baraa w M•w,rT Katsrtr S. NatsT F.x Ntu.uw Etaw. L Omar ..A• .. Kt=r I—xft Rarm J Ruts" F r. Oaldrt P Aaowr 4—aw, D Stalls Rrraar L Las Re. • J Katr. A" tl'rNTsoos Vjxco <r A To--. EutAram J. Awoaa.s t,waoorr J. YT-xu.: aus R h sa. or mcwn. ,1 NatL Nonni tixuam F. kris Joaw uwsa .` Samm t M.80 4nR NnaoAs a..[ N. uaAr 4> DAT+s tras aw t Furl VO M YuwT.w I In preparation for our meeting on 'ay morning, enclosed are copies of inform... to .I have gather . regarding t` e taxes an,assessments on the above property, i.e.: 1. Tax figures fton, Hennepin CoEtnty for the years 1584, 1^"5, 198E and 1987. 2. UpdateJ. tax figures as of 10/31/87 on t)-ree -«present- ational 1-I.I.D. nambers: 0030, C031 and 0(•-12. Printouts from Hennepin County showing the breaker eF ::r.incipal and interest on each levied -ssessmel)t by year (thi• shows the rase figures -f ti_ principal and int ,rest for each of tt7e years without e.ny added F ana lti.es or interest) . 4. A chart cis figure per•ilty amounts d a 19P5 interest chart (ft-rnished to accommodate figur:nq penalty and inter.st as of a cer',:zln date i.e. ,'uly, 19b5). J;- FIVOT NAr*fl•&A UAwa et /t.lrft - 0"0 1104 #"6 •• 111 •.AN7 rat^..Mwwr dn. Ar.aa Ma+Mmsta11.{.rs.t.lw .wrwrw.t. AS M I.401 Ar ?to 44 M i A fl Hluuv ... f/VNUAN Mr. Mark Bernhardson September 29, 1987 Page Two 5. A copy of my memo dated September 1, 1987. Please call me if you have any questions. ( Ve^rryJ truly yours, Rose M. Gre.Igs e Legal Assistant RMG: Cale cc: Puth J. ;elman Richard D. Anderson MEMORANDUM TO: Richard Anderson FROM: Rose Grengs DATE: September 1, 1987 RE- Schlee/Navarro I have done an extensive analysis of the special assessment problem on the Navarro lots and will set forth in this memo the issues and questions that I have been able to isolate. I have tried to limit my analysis only to written documents, copies of which I have indexed in a folder accompanying this memo. 1. The original Letter of Credit secures payment for the principal amount of special assessments in the amount of $245,00C to be paid over five years. a. The total principal payment required each year was $49,000. b. Semi-annual payments were due on May 30th and October 30th ($24,500). C. Drafts could be made for the unpaid principal, 90 days after failure to pay semi-annual installments. d. The debt could be accelerated. 2. The estimated $245 9n0 of assessment] was to be spread over 24 lots at a cost of $10,208.33 per lot. 3. In practice, the specials were paid off as Individual lots were sold, leaving some lots with unpaid balances from the beginning of the assessments, which continue to accrue interest. 4. As of October 16, 1985, according to the City's records, eight lots had been sold with principal payments of special assessments to the City for each lot of $10,208.34, for a total principal paid of $81,662.72, Leaving a balance of $163,333.28 (see No. 2 in the index). 5. This accounts for eight lots. The bank claims and the tax records show 14 lots remain unpaid, leaving two lots unaccounted for in any written report. They are: a. Lot 4, Block 1, Tax ID No. 0026';U b. Lot 5, Block 1, Tax ID No. 0027- A i G 1hr- 6. Later, in a letter of explanation from the City (see No. 5 of thi. index) the City contends that the actual amount of assessments that were spread was $239,217.84 instead of $245,O00.00. This amount spread over 24 lots equals $9,967.41 per lot. 7. As of January 30, 1986, the bank shows a balance on the Letter of Credit to , ;146,407.45 (see No. 8 in the index). There is no record showing how many loss the bankshows as unpaid but it claims to have released ten lots, leaving 14 left to be paid, and the tax records bear this out. 8. I'm not sure how the bank reached the amount of 5146,407.45 unless: 2 a. Schlee paid the first half of 1984 specials on ten o1 the lots in the amount of $1,634.30 per lot, equalling $16,343 (the bank's figure is $16,925.83). b. Using the bank's figure (which apparently the City did if you refer to No. 4 in the index) this leaves a balance of $146,407.45. 9. On Jaruary 10, 1986 the City drew on the letter of credit in the amount of $114,630.77 (properly documented). 10. On January 16, 1986 the City requested payment of the full $146,407.45 (?) (improperly documented). 11. The bank paid the City $114,630.77. 12. Special assessment searches from the City indicate that the total original amount of assessments on each lot was $9,929.91 (note this is different than the $9,967.41 figure resulting from the City's purported total amount of $239,217.84 shown at No. 8 above) 13. Of the $9,929.91 shown on the City's searches: a. $2,371 37 has been certified to 1987 taxes (this includes interest). b. $1,985.98 is the balance remaining (principal). C. 55,572.;6 should have been the .otal spread over the years 1984, 1985 and 1986 (principal). d. These figures do not take into account the first half payment in 1984 on ten lots; they all show up the same. 3 16. Searches from the County's records show: a. $1,986.08 certified to 1987 taxes (principal). b. 1,985.98 as a balance remaining (principal.), C. $1,985.98 was spread over each of the years 1984, �^ 1985 and 1986 (principal). d. First half 1984 taxes were paid, including $992.99 \\\\ of the assessments secured by the Letter of Credit. CI'T'Yof ORONO Pat Ofrae B•• 66.Cry W B•r. Mr..n ffi=•M•Nup•1 OabF On the North Shore of cake Minnetonka May'll-1-1987 Kathryn A. Frame Administrative Assistant Property Resources Corporation Suite 500 706 B4cond Avenue South Minneapolis, MN 55402 Dear Ms. Frame: The City of Orono has collected monies under the First Southdale National Bank of Edina Letter of Credit No. 403 to cover the last one-half of 1985, and thereafter, principal installments due on special assessments for improvements to subject property as described in Letter of Credit No. 403. As I recently discovered the request for payment calculation included one parcel which had previously been paid in full. Further, the estimate used to calculate the total required for the letter of credit ($245,000.00) was greater than the actual assessments that were later spread ($239,217.84). Because of this the amount to be claimed was, in good faith, calculated to be ($114,630.77), as we now understand it, this was inadvertently overstated by $10,261.67. Unknown to the City at the time, another situation existed between Schlee Builders and Mr. El of 3600 Livingston Avenue (P.I.D. 17-117-23 34 0026), whereby Schlee Ruilders did not pay off the outstanding assessments which was in violation of the agreement with the City. we then did later apply $7,055.94 from the letter of credit proceeds to Mr. ill's assessments, thus paying the balance off in full. Therefore the amount remaining to be applied against the 14 delinquent parcels covered under the agreement is $107,574.83 or $7,683.92 per parcel. The outstanding assessment pricipal for the second half 1985 through the 1988 install,,,ents is $97,313.16 or $6,950.94 per parcel. The amount available to be applied against the delinquent unpaid assessment principal and/or interest installments balance existing prior to January 1986 is $10,261.67 or $732.96 per parcel. WHINNGa IMING-4737117 • ♦INIMISMR 710Na FIN4Nt1 473734 • Ratlrwnan-47}7361 MOF.\SINI: Kathryn A. Frame May 13, 1987 Page 2 of 2 As I explained in our telephone conversations today, the City of Orono can have Hennepin County remove the special assessments for installments due 1986-1987-1988, to include all accrued principal, interest, penalties and interest for levies 9085 and 9087 on the 14 subject properties. However, it would be very difficult for the County to apply the half -year principal for the installment due 10/15/85. we have two alternatives to offers 1. Have the County remove both installments for assessments payable in 1985, calculate the amounts due (the 1st half principal and interest, the 2nd half interest only, and the applicable penalties F'd interest reduced by the $732.98 per parcel) and reassess those amounts for collection in 1987 with the current year taxes. 2. Have the County remove those installment.. as outlined in alternate 1, except that the amounts calculated would be paid directly to the City of Orono and would not be included in the amounts to be collected in 1987 by the County. As I also told you the County will not be able to make the necessary changes and issue amended tax statements for 1987 / before the first half taxes are due on 5/15/87. You have the /.. )choice of not paying the installment due and incurring 7s penaltyt or paying the installment due, as currently shown, and receiving refunds from the County after all the changes have been affected. I hope this helps explain a very unusual circumstance. Sincerely, Thomas M. Kuehn Finance Director cc, Mark Bernhardson, City Adsini►-.ator Cow_'$ LI 4E hCi j1u 0 A. � f qq 4688.1 cfJ COUNCIL. f tkaNG TO: Mark Bernhardson, City Administrator APR Una FROM: Tom Kuehn, Finance Director-J%K' CITY OF ORONO DATR: April 6, 1988 SURJRCT: Correction of Utility Rate Increase - Water Purchased iron Long Lake for Orono Customers ISSUE - AmenAing municipal water rates for the Orono customers using water purchased by Orono from the City of Long lake. The adjustment is to pass on a rate increase to Orono from Long Lake for water purchased from Long Lake for use by Orono customers. DISCUSSION - This item as presented at the March 14, 1988 Council eeeiing reflected the cost increase to Orono for the water we purchase, however, did not reflect the cost increase to be passed on to the I)rono utility customers in the area served by this system. In addition this adjustment must be presented in ordinance form and is effective upon passage and publication. I have attached proposed amended ordinance reflecting the rates as corrected. Tor Mayor and City Council {� AGX FROM% Mark Bernhardson, City Administrator\\` Forwarded recommending approval. PROPOSED MOTION - Moved by , seconded by , to adopt Ordinance no. , Second Series amending Ordinance No. 44, Second Series, to aajust Area 42, Long Lake, water rates from $2.57 to $2.75 per 1099 gallons effective for the second quarter billing, to be published April 18, 1988. Ayes _, Nays _ 4688.2 ORDINANCE NUMBER SECOND SERIES AN ORDINANCE. AMENDING ORDINANCE RDI®RR 44, SECOND SRRIRR, ADOPTED DECE.MBER 14, 1981 ERFITLRD -1988 FEE SCREDULR* The City Council of the City of Orono ordains; Ordinance No. 44, Second Series adopted December 14, 1987, and entitled •An Ordinance Adopting the '988 Fee Schedule• is hereby amended to reads SECTION 1. FEES PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective Second Quarter 1988 Area 12 MUNICIPAL WATER RATES Lonq_Lake Billing 6 Ready to Serve ChArge $6.79/Qtr Water Usage Rate S2.75/1888 gal. This ordinance shall be published in the Laker and Pioneer Newspaper and shall be effective April 18, 1988, Adopt- i by the City Council of the City of Orono on this llth day of April, 1988. James R. Grabek, Mayo[ ATTESTI 6orotfiy li:-kill in; C`ify-Clerk----__ 4188.12 � y COUNCIL M►FYfNG TO: Mayor and City Council PROMS Mark Bernhardson, City Administrator, P.PR 1119H DATE: April 1, 1988 CITY OF ORONO SUBJRCT: Engineering Review - Orono/Minnetonka Beach Interceptor Project Attachement A. Metro Water/Orono Interceptor Dated 12/4/85 ISSUE - Determination as to whether the City desires to employ a dM erent engineering firm to do Inspections on behalf of the City for the Orono/Minnetonka Beach interceptor. INTRODUCTION - In 1985 when the Metropolitan W: 'e control Cunnissl on was selecting consultants `or the project City of Orono became aware that its city engineer Borg o was submitting a bid. As noted in Attachment A the City i- :d to the Engineer that on balance it could be benef iclal to Lit,. City to have Its Engineering firm do the design in taking into account special needs for Orono. DISCUSSION - As the project gets closer and the fact that the current City Council was not part of that 1986 discussion and a concern regarding at leas' the appearance of conflict of interest the Issue has been trough-, up for review. The Issues addressed in Attachment A were related to engineering and design issues with the '-gue of inspections left unaudressed. It is my present understanding that Bonestro"'s work is now substantially over and will be used In a consultation capacity as to design issues when problems crop up during the contruction. Metro Waste :g in charge of their our construction management and inspections. ALTERNATIVES - The alternatives at this point are as follows: 1. Continue the matter with the City Engineer. 2. Undertake se'.�ctlon of an alternate Engineer for inspection on this project. 1. Table the matter for further consideration. RECOMMENDATION - It 1s recommended that '_he Council not undertake a determination of the availability of an alternative engineer for its inspections on this project. It is the staf f's feeling that the individual who has been delegated to the City by Ronestroo is of an integrity that it will not be compromised creating a conflict of interest especially since Bonestroo will not be substantially Involvec: in the construction management and inspection of the project. PROPOSED MOTION - Moved by seconded by I that the City retain Bone.ttroo for the inspection work on the Metro Waste project on its behalf. Ayes . Nays ,j , TO: M.r; A and C.ty C.I.Cil PROM: oirk Uernhardson, City Administrt,tor�;l DATE& DeCeMotr t. 1985 SUDJCCT: Metro Waste Control Comm i:.:on/Orono Interceptor Project 1 Attached please find a lettar that f have addrasned to Olsro Cook regarding Donestroo's proposal to be the engineering consultant t irm for Matto Waste Control Commission on the study of MMCC's Orono interceptor system. The interceptor system is the system that starts in the west end of Minnetonka Beach and tons up County Road 19 and east on County Road 51 to the old Orono rreneh Lake sewer plant. This is the line that was originally put in during the Orono sewer construction and over the years has at times exceeded the capacity that it was designed to handle. This has resulted in sawago, not only in basements but raw sewage over flowing out of the lift stations and being dumped into Lake Minnetonka. MWCC has programmed to improve this for the past few years and is at present in the process of awarding the project o r •n engineering firm to determine the most appropriate way to merest the problem. Additionally they have programmed about two million dollars to actually fund the improvement ptujeet. P reprisals wen submitted Ly three engineering firms of w Bonestr00 was One. We do have some concerns that a poten, conflict of interest might exist, however, a have Outlined thw.e areas and It MMCC does not have significant probless, we from a staff standpoint see that on balance, it is of benefit it Sonestroo were awarded the contract, because of their history with the system and knowing it has problems and having a vested interest to improve it to Orono's benefit. Should you have any further questions plea" feel tree to contact me. PROP02CD MOTION - Roved by seconded by _ that the City Covr.c is &seepthe intureattT on from state relating to the f MCC/Orono Interceptor. Ayer _ , Nays _ . ._,4`r. .t: r CITYof ORONO Pat Office Bm Ga•CryWI Bay, Miaaauufa &"Ve Munfaaal COMM It On the North Shore of Lake Minnetonka December 5, 1985 Mr. Glenn Cook BOnestroo, Ro:ene 2335 W. Trunk Hwy 36 St. Paul, MN 55113 Re: MACC Project 86-S1/Orono Interceptor Improvements Dear Glenn, Having reviewed the intent of the project referenced above together with your proposal the selection of Boneattoo as the engineer on the project would be of benefit to Orono in many ways, as it would bring to bear your experience with the Orono system together with the desires and needs of Orono for improvements including the proposed telemetry system. There is however, two areas of concern, in that the improvements may entail the replacement of existing forcem3in piping, which was originally put in as part of the original Orono sewer system. Being fully cognizant of the fact that there are time, that the system has overflowed causing sewage to flow both into basements ane also raw sewage into Lake Minnetonka, there is very possibly the need beyond lift station improvements to handle the current capacity in the lines. While it may be appropriate that the size of the pipe could or should be Chang-d, I do see a potential conflict in two regards as they relate to Bonestroo being both City Engineer and also the selected Engineer on behalf of MWCC for those improvements. They are as follows: To the extent that there is needed a decision or recommendation regarding replacement of the pipe that the interests of Orono and MWCC may be in coot 14et as to whether changes in lift stations and telemetry v uld alleviate the problem at a lesser cost than actual replacement of the pipe or if both are needed in order to accomplixh alleviation of existing problems. b. To the extent a recommendation needs to be made regarding the sizing of the pipe there could be a difference as to the size based on the divergent goals betwern MWCC and Orono. ale LMbr:arfplwf:-O)+19r • enwrrmn anenaflVanrl-xfLr wa • fl'tl rfraaU -ONW aarestwa: Mr. Glenn Cook Ppage 2 December 3, 1985 While potential conflicts of interest may exist in the project, on balance it is to Orono's benefit that Bonest000 is the Engineer and having notified you of two of the potentials (as there may be others over and above the two primary ones mentioned) and it is not significant enough that the City of Orono requests that Bonestroo withdraw itself, particularly since Orono's role is one strictly of review and comment of MWCC's plags. It is anticipated that Bonestroo will take this into account when those decisions are made so that the City of Orono's Interests are paramount since it has employed Bonesrroo for a• number of years and absent significant prob_ems intends to continue such, at least for the near term. Should you have further questions or comments, please fee: free to contact me. Snncc lS iiFre Makks�t�. City Administrator cc: City Council Kathleen Blatz JoEllen flurr C'JUKIL Wan To: Mark E. Bernhardson, City Administrator APR 1119n From; John R. Gerhardson, Public Works Director -STY OF ORUNO Date: April 6, 1988 Subject: Temporary Employment Orono Golf Course Each year it is necessary to employee temporary counter helpers and a greenskeeper-helper at the Orono Golf Course. For the 1988 golfing season, four previous employees have applied for those positions and there will be a need for three new employees. Recomme,daticn to employ the following temporary counter helper and g,eenskesper-helper employees effective April 9, 1988. Doug Erickson Joh Ross Walter Mills Steve Baylor David Lundstrom Dan Oas Temporary Counter Helper P Temporary Counter Helper Temporary Counter Helper 0 Temporary Counter Helper @ Temporary Counter Helper P S5.25 per hour $4.50 per hour $4.50 per hour $4.25 per hour $4.25 per hour Greenskeeper-helper 0 $4.75 p-r hour it is further recommended that Council authorize emplcysent of one additional temporary counter helper upon meeting all necessary qualifications and clearance with final confirmation of employment at the following Council meeting. The wage rate will range from $4.25 to $5.00 per hour. Proposed motion moved 2nd to approve employing the above persons ac tTe-lleted hourly rates and to authorize the employment of one additional temporary counter helper with confirmation of employment at the following C, until meeting. Tot Mayor and City Council /pMt Mark Bernhardson, City Administrator Forwarded recommending approval. +• 4588. 3 O� L'i)UNl;N_ MEETING APR 1119P9 TO: Mark Bernhardson, City Administrator PUITY OF INi)NO ,11, IRON: mom Kuehn, Finance Director . DATE: April 5, 1988 SUBJECT: 1988 Appointments - Additional Depositories - Resolution Attachment: A. Proposed Resolution Adopting Appointments I. UE - Adoption of resolution for appointment of additional depositories. INTRODUCTION - Since the 1988 appointments were adopted we have purchaseA certlficates of deposit through M. H. Novick and Company. The institutions, Western Savings and Loan, Phoenix, Arizona, and Colonial National Bank, Wilmington, Delaware, are not currently named depositories, need co he added as depositories at this time. TO: Mayor and City Council ��' IRON: Mark Bernhardson, City Administratol(k) Forward recommending approval of attached resolution. PROPOSED MOTION - Moved by , seconded by , to adopt Resolutimn Number making additional depository appointments for 1988. Ayes , Nays City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DESIGNATING ADDITIONAL APPOINTMENTS TO RESOLUTION 12348 FOR THE TEAR 1988 RR IT RESOLVED, by the City Council of the City of Orono, Minnesota, that additional appointments and designations for the year 1988 are as follows: Appointment/Designation 1988 Official Depositories Western Savings and Loan, Phoenix, Arizona Colonial National Bank, Wilmington, Delaware Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 11, 1988. Jemas R. Ciebe (C, Mayo[ ATTEST: Dorol6y M. HelIin, City L�ei�------ a? "11401, MEETING To: Mayor and city Council OR1119ea FROM: Mark Bernhardson, City Administrator v CITY OF 0,140 DATE: April 6, 1988 SUBJECTS Termination of Probationary Statue Attachment A. Resolution #1921 - Appointment Authority Dated 2/10/86 B. Sections 291 to 293 Orono Personnel Rules C. Kllbo Letter Dated 3/31/88 ISSUE - Determination as to whether Council wants to revise or modify the termination of the probationary period for Kurt Erickson. Based on the recommendation of Chief Kilbo, I am terminating the probationary status of Lt. Erickson and that he will be placed in the position of Patrol Officer effective April 15, 1988. The appointment was made in October of 1986 and extended In October 1987 through the end of March 1988. DISCUSSION - As noted within the personnel rules a probationary period can be terminated by the appointing authority and as noted in Attachment A such authority was granted to the Administrator subject to revision or modification at the next regular Council meeting. This probation and revocation will not have a bearing on his future promotional abilities. ALTERNATIVES - 1. Accept 2. Amend and accept 3. Table 4. Remove proh,,tionary statue leaving the person as a Lieutenant. 5. Repeal authority granted in Resolution #1921 RECOMMENDATION - It is recommended that the Council not revise or akiend_the termination of probation. PROPOSED MOTION - Moved by _, seconded by , that the Council not revise or modify the Administrator's determination in this matter. Ayes , Nays City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1921 A RESOLUTION OF COUNCIL GRANTING THE ADMINISTRATOR SELECT APPOINTMENT AUTHGRITY WHEREAS, the City Council of the City of Orono deems it appropriate to grant certain authorities to the Administrator to insure the appropriate and timely operation of the organization, and WHEREAS, Sectior 2.86 provides for certain powers to the Administrator as does Resolution t1890, and WHEREAS, Ma:< Bernhardson was appointed as City Administrator effective 1 May 1985. NOW, THEREFORE 1:? IT RESOLVED, that the Council grant to Mark Bernhardson the fc w'rg appointing authority: a.) The author i. interview and recommend persons for appointment to ons of employment with the City at a regular Cdunc_ .eeting. b.) The authority to appoint a temporary person prior to the regular meeting of the Council when the person is to meet an emergency need or to prevent a significant loss of work to the City. c.) The authority to extend or terminate a probationary period of employment of a probationary employee, subject to revision or modification at the next regular Council meeting. FURTHER BE IT RESOLVED, that the authority hereby granted to Mark Bernhardson can be revoked by a three vote majority of the Council or upon resignation of Mark Bernhardson as City Administrator. Adopted by the City Council of the City of Orono, Minnesota a- a regular meeting held February 10, 1986. Tim A amp, Ac r ATT STr It .�/ f othy/Dmallix, C, rEy—crearv-- SECTION 2. IN SERVICE ACTIVITIES 291. RECRUITMENT AND SELECTION 1. The City shall employ the means it feels are appropriate to recruit applicants for positions it desires to fill. All selections, appointments and promotions shall be made on the basis of merit and fitness. Examinations, when required, shall relate to these matters which will test fairly the capacity and fitness of the candidate to discharge efficiently the duties of the position for which the examinations are held. 2. As part of these examinations the City may require the applicant to successfully complete a physical examination, which may include a medical history, for the purpose of determining the applicant's capability to perform available employment. Such tests will meet the requirements of applicable state laws. 202. APPOINTMENTS All temporary, probationary, and regular appointments and promotions shall be made by the City Council unless delegated by them to the Administrator as the appointing authority. 203. PROBATIONARY PERIOD 1. The probationary period shali be regarded as an integral part of the selection process and shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee to the employee's position, and for rejecting any employee whose performance do, so not meet the required work standards. 2. Duration. All original and promotional appointments shall be probationary and subject to probationary period of one (1) year of continuous service after appointment. At any time during the original probationary period, an employee may be transferred or dismissed in the sole discretion of the City without any administrative hearing. At any time during the promotional probationary period, an employee may be placed in the position occupied previous to promotion. 3. Performance Reports. At the end of every three (3) months of the probationary period the employee's immediate supervisor Shall submit a written report to the City Administrator based on olservation of the employee's work and the supervisor's judgment as to the employee's willingness and ability to perform job duties satisfactorily. A copy of this report wi11 be given to the employee. <. Row Completed. At I,rast ten (10) days prior to the expiration of an employer's probationary period, the employee's 1 i Tlrt' �,lt� trt �))UYN'() 1 )� ;3.11-ilbit •11. Mardi 31, 1988 Kurt Erickson 322 Sweet Briar Lane Hopkins, MN 55343 Dear Mr. Erickson, This letter is notice to you that you are released from probation as a police lieutenant, retaining your oos:tion as patrol officer, should you wish to do so. This release is effective this date, 3/31/88, subject to approval by the City Council at its 4/11/88 meetinc. The Council approval is the final step for probationary release, subject to any legal rights you may possess to seek review of the release, and no changes .n your status will ocurr until that approval is received. Sincerely, Melvin Kilto Chief of Police MK:sb 4al April 11, 1988 Mark Bernhardson, City Administrator City of Orono P.O. Box 66 Crystal Bev, Minnesota 55323 Dear Mr. Bernhardson, I understand the City Council is to be asked to reduce my rank to patrol officer. I request that if this occurs that a copy of this letter be giver. the Council. My intent is to clearly indicate my disagreement with this actior. I do not believe the action is justified. I draw this conclusion based on feedback from other officers and in evaluat- ing communications with Chief Kilbo. I do not want to cause dissention over this matter. I want to stress my disagreement with the evaluation leading to this decision. Therefore I will not voluntarily resign the nos ition. However, if the council follows through, I do not contemplate further action at this time. ySinc relL /�rt cc: T. Bonner M. Kllbo 4688.7 c r UUNCII ivltE(ING APR 1119'c9 To: Mayor and City Council CITY OF ONONO FROM: Mark Bernhardson, City Administrator DATE: April 6, 1988 SUBJECT: Administrator's Goal Setting 1988-89 Discussions have been held with some of the Council and I will have the balance completed by April 25th. Should you have any additions or changes to the goal setting for 88-89 please let me know by 4/20/08. 4686.6 ETHPI WE-nHs TO: Mayor and City Council P.P1/ r n 11 c, FROM: Mark Bernhardson, City Administrato9 W tt R " DATE: April 6, 1998 '���7 v�O'1M �nV SOWECT: Administrator's Information LMCD/METRO COUNCIL REVIEW_ - When the City of Orono's LMCD re preeentat Cv e, Joel Fen Hurr was present at the Council's February 22, 1988 meeting she had indicated that there would be a review of the Metro Council staff report regarding the LMCD at the Metro Council's Park and Open Space meeting on April 5, 1988. This meeting did not occur and subsequent to her last report within the past week the Metro Council staff has revised their report which is much more critical regarding the LMCD. (P copy will be transmitted to you as soon as the City Is in pcy%earion of It.) It is the indication from Orono's representat:vo ;hat there will be a meeting with the Park and open Space '-Yanxttee this next week and she is currently assessing what assistance, if any, she would desire from the City of Orono. COUNTY ROAD 116 - As noted in the attachment the City of Medina fiae cequeste3 that the City of Orono adopt the attached resolution. Apparently Medina has also asked the other communities listed as copied to in the letter to undertake the same resolution. As Orono's entire Council is not present at this meeting it is recommended that this be placed on the Council's April 25, 1988 agenda for discussion. WILLOW/HIGHWAY 12 WARNING FLASHER - As noted in the attachment [he City o[ Orono has reee7 vsd woc3 that a warning flasher will be constructed at this Intersection. Contracts are presently being let and it is anticipated that the Installation will be by November 1988. The cost of this installation is unknown. While no guarantee, installation of a flasher generally means that the intersection may become a signalized Intersection within the ensuing five years. MARINA LICENSING - Staff has received licensing applications from all seven marinas and will be conducting site visits on each of the marinas during the next month. At either the Council's April 25th or May 9th meeting staff will bring forward a recommendation as to the process for these licenses. It is generally anticipated a recommendation would be that if there have not been any changes In either the licensing or the land use that these be handled directly by the Council. For those where there has been unapproved land use change It Is recommended that these be routed though planning Commission as their review will be required with subsequent review by the Council and then those with strictly licensing changes be handled by the Marina Committee. COUNTY ROAD 15 CONSTRUCTION - As noted in the paper, County Road 15 construction will be starting this week and, in fact, preliminary work has already begun on the Seton Bridge. The City's Police Department and Public works Director will be attending the weekly construction meetings to stay abreast of developments. CITY/SCHOOL INTERVENTION - It has been indicated tn us at this point tAaE tie Oiono Scfiool Board member who had raised issues regarding data privacy es they relate to the Federal Law for these intervention agreements, is now in concurrence with the Police Chief and it is hoped that the appropriate agreement will he undertaken by theiL School Board within the next couple weeks. PLANNING INTERVIEWS - The City is currently awaiting responses from persons who previously expressed interest in the Planning Commission together with having received approximately four letters from persons expressing Interest in the position in response to the recent newspaper ads. It is anticipated that these interviews will be set up for the Council's April 25, 1988 meeting. COM_PREHE_NSIVE PLAN AMENDMENT - The issue regarding the capacity of Long Lake lift etAti on Fes been resolved and the City received word on March 17, 1988 that Metro waste did not have a concern regarding the capacity as it relates to the units needed for the plan amendment. I: had been the staffs underrtanding from Metro Council that this was the only issue of substance related to the approval of the plan, however, we have been apprised within this past week they now raised an issue that relates to available land in the City's vrban service area as it relates to the projected demand by Metro Council. This is the first time that staff has been made aware of this requirement and will be working to determine what Impact, if any, this has on the plan and how long a time it will take to resolve this issue. As a side note, staff has been working on the drafting of the necessary toning amendments to implement the comprehensive plan. GOAL SETTING - See attachment. CITY OF _M D'NR_ 2052 - County Road 2a, Hamel, MN. 55340 March 15, 1988 City a Orono P.O. Box 66 Crystal Bay, Mo. 55323 Dear Mayor and Councilmembers, As you may know. Medina has approved the completion of Hennepin County Road 0116 south to the Medina city line. We would like to see the completion of it to T.H. Al2. The inadequate number of north -south arterial roads in the area is becoming more apparent as each of our cities experience growth and an increase in population. We would appreciate it if you would discuss this at your next council meeting and adopt the inclosed resolution and forward a copy to Hennepin County. Sincerely, ,�G/, Thpna s`�A:� Mayor City of Bled na CC: Greei,rield Corcoran Independence V001 Maple eln•Long Lakake 1RA!sl enc 1. �T,ry�•,, lln my 0 KANN:M W MV1141 • R :C w 5: 4171- 3 / N :C SNETT: 471-IM CITY OF ORONO RESOLUTION SUPPORTING CONSTRUCTION OF COUNTY ROAD N116 WHEREAS, the western portions of Hennepin County have experienced significant population growth and development in the recent past and are expected to continue to do so in the future; and WHEREAS, there exist an inadequate number of north -south arterial roadways in the area to accommodate present and future growth; and WHEREAS, the comprehensive plans of bath the City of Medina and Hennepin County have long shown the completion of County Road 0116 from T.H. 55 to T.H. 12; and WHEREAS, the proposed alignment of County Road 1116 is the most practical route for a north -south arterial in the area; and WHEREAS, the City of Medina has requested Hennepin County to place the completion of County Road 1116 on its five year capital improvement plan and to proceed with the project as quickly as possible; and WHEREAS, all communities In western Hennepin County will benefit from the prompt completion of the project. NOW, THEREFORE, BE IT RESOLVED by the City of Orono that the City of Orono be on record in support of the completion of Hennepin Ccunty #116 from T.M. 55 to T.H. 12. am ATTEST: To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: March 25, 1988 Subject: Flashing arning Light - Highway 12 and Willow Drive In April 1987, Minnesota Department of Transportation District S received funding approval for the installation of a flashing light system at the intersection of Highway 12 and Willow Drive. MnDot will be letting bids in August with bid award in October, 1988. Specifications call for (10) ten working days for installation, therefore, it is possible that the flashing light system could be up and running by the year end of 1988. mu sm"m cmv® A1A R- 9SIIm ^m wnnsir�.w 1161L in, - N M L 19 '9l = - I1r O it 9uata9le llif, i♦Ott 1 fyiti. 'r !A - 1r1 !at 1w>t fLJlUea 1. COI�f9 liirOO 9l'gNrY G •Il 99p /�.-rRprelwn9�ve 91an IaerrYent 63 approve 9�M I] 5 ivim to tMt ttaaa:il W ira 6ct 1.10,t I it Oran -pi ..ti. cvridatat - ioocil mni9rrlm �airta� m atllitir Iloq i�te-Ir04r1 rir plm ry rcral a. 9ta:< to upgrade IbLLtor Ro9r. iiti tsm 9to y patemir It tplge4b to udr -=a Intataadl prtlaa rnerr 6/n/n M9m l/11/9f 9/11/til 9/A'9I 19i16/9l 12/97, 17 121191 B/L/91 (Ircvpaatlry 19N 490) Iv>., r 13/M/r 5J11/91 tabled to 6/U/97 6doptad 6Rv91 6/1v9- 9 ln,l intro cou it 11/15 9/11M 9tapu+e iut v15 6taim to VL granted to Metro Wta IQ6/r Mtvo binte ltr i icates &We to upcicy. rritiir, respmee frm tYtro Coxil 6/5/9l Curtmily l:iry drafted t/6/lf 9111/9l Coerce S/15/Il 9/]9/n ilr/airy 9/vM artlm Meld Of. scho v Rm' 1M/f1 raft/19flWe Miry r: Crrlae r teti. paw vrs/11 l/ ra o w "a 2/ 9/M s ptgtar mtabllrwe9 ]/29/r miry xWn v=9 99 Not o:♦ittn eats islnl to lua c ity interest to ar W Miry of m "a' ttamiiittae i. Vr •r !f0 - IM] Co.c�! 5tretw3r Ilaminq •g 93p - ISM Stv[ h[. CEi.ttiw ;. Neoi-rt ¢vtlrnmr• Rjgha 12 v+ k. Copre ive Plan �t 92 8'I Approve �t i2 sutaoelm to Set N it e ive back fro• met C it e. ^.kak Av to :imtmde Io.m Agendlnte - otee� - Plamirq C�iseim msideratirn - Caa�il tvsidet anon Itga[tetlaf m utilities Itn9 Ie4e-AtE i�ul IArul Pl �,ava M Itm fa re 'Rq 31n C. corridrs 5ela im nu9y rwter.ioe It apt]¢late to W,"" W. in, of InterN[M prties iY.d't 4/20/87 6/81/C1 ]/61/n a/18A] 9/N/r W9 7 111031V 12/17/8] 12/M/V lin<a ."o3 19M M) el/M/ee Q /N 83ni/86 5/11/87 h IM to 6122/87 Adopts] 6/22/87 6/12/V i ived metro Coin11 11/15 9/11M B o'.se due V15 Hta ico to 6/15 graote to Ietra M to 3/16/M Attic ]bete ltr :bicates edepbte �rcityrret r� from metic Ca it ti �nr _e 6/5/9] C rently t i, a afted ]/6i8] 8/16/6] co.e2e 5/15/8] 9/M/n awi: 9/2/87 emtim i id M. Sclaol./ 18/9/9/8] soft �eXeltirg ri,W im mt: Colt ld2 Prams 2/28/BB l rwiirn 1" Cmell rev ie ptoq[ew esoEliNM LM/M sting 2/ /a 2n9/M V291M 8 �ittee ini a lisiAed to 3//¢Met � Wy "tliq %f M e¢ ,itter in 6/80 I a. mr..� OBiTlsO OIRR se1s� slo a..ar re avaevelr�t tfr,•ett< 2n') (C Onmeatr tro>.der int<reat 6/18/81 18/28/P' tst:nesaea met m Cty is iap[artawrtyaiecvaed posiete remvatim Ialtiete mil/Oeject:ve 2/L/e2 i Rrtsea u: tanta to ee detemined 3/15/N repeated Wotat:m - Plenmirq fro J. BAmrdlm regaNiig mac to � - f<9a1 seater plan 4 lopent for argil 'N 8•Itl Camden 8M foraetion 2y15/N 2/88 a.9meR Atttenef outline Solicttt ndNa: prrym.:9 RaxN [.good no establish C. IN/N 2/1/0 .10 ttlis f¢ Ntaelfe t at M. Staff ,evi. ig for cunt -8, SIC tasty IS f I mwnt Ktaa— 1 6,130 87 Issue of ligMiM to 2/22/N I¢a: accopenyinq Gamed meeting nme[�vaenu 2/22/BB Caacil oveiaata li9Ming netern�m, &Alec B/n/Bl Council presentation 12INIV to ic< 1¢al eMre p[saent initial tetvedatime 111231V aev Isom final pi. 1. In/89 Purtner diatvaim 11/21/92 Adotan final Plana a9re�nt ad¢tad 1/25/N Iinanei N plan mptual awmal 12/14/82 umlal W. peapmead 2/f2/N 4/N taoLd to 4/Wu crew ourtroctim s/:/N de o 4/15/N '57 M Camenity 2taNpvtatnm 71M N Icj. m eepi tal prgrme 12M Initial Infartim pesNetrd 'N Sin IV14/97 liw<;ry Iridge 12M Cmtinod ae.ys:a Public ,"w Ongoing Bvalaat< by lln N NW1 1/17/N rtteivad to mat from ItadiN. A 4/n/N Netinn ' 1, Slot 81. 11wtrt Mall NN 'N !'o 11. Adc"s. n! s/l/t1 im plan tavietad by staff Ilia Creek wgp ai. alisiittad s/21/n meter 5'6 Plan Kiln meeting 2/22/10 ravieaad eI gev � ting 4/12n2 adgpw la/1/81 [.Ae revlsel t at Y n>rnt. Mt 12'12M t Ree: cp .ciadule (�� l/1/BB n�mo•s plan .. RMfNS1Y OCYPIAiQt! cM. 'a8 9A Ct� M - Dlrectirn aM1l prryle.i Peeler a O11Cy '.LdIH bi 1/98 e We/fYyvslDili litiq 1. 9F/fltliOlE1L PaptRTRlI '8� 9'q 5tufta P.Y Catplete lnfi �t LBB Mticlpete ernia naaesamenc '9i T:I ouglet iM I/88 ✓33/BB In(Qaatlm prexnteC vrvject [aulDlllty-can. l/BB Jner.l! �t ar! 3/88 inters Flro�c ifq �tlw 6/88 Cmalaer develrplt �aritrtlr 5/88 it A6p�¢r lit. - Inluib p[ojct 8/BB - t[OJ.CL DIA le/88 ptojc 1/89 - Ai!! praj.ct B/89 - cmp W pmjl 18/89 Cry.bl 4F eb.l!w p[ttjs 7/87 Protect cl. aR t lw tc 6/8/8l My g l tenutlRly lttw 5/] /81 Fivll..d 8/34/8F Clo . 6/8/87 9o11A t . IY� Air Vs lim eFesu to gnl 3/m Asii bbr !mow to qet 9.1. 4'88 Mlwr r.quLtlav rgardi! 4'88 i0114 rRi it Wwi.t.. 1p . a .nitwd 4/88 troll.ctlm ,.. mt. w.t mHCTl965 1988 Cauca rat SKtin9 Caaax�e Copieu 1968 Bu"- Rtttss uy .' sure d ewiev Bubltt pray edmetim Bud9w Mtptim 1e88 LL lslatlw Pra9rm Cvplete 6, 91O Capleu 1�q m1e Cl. f'r paysmt -11 BA lwre infiverce(Caperatlm titf oti r 9ner tal mats swvalute . d PI." C.laaim (4Lva1 to Its 61) Iturvim arer fa a.ifraeiW Intl v iupraaeet oeureve quL in erw d ram acorn wtlim d t rmt Cn irslm res ibilltiw Prtpmals to My 7 a, 10n/87 an, ttld Wa, Mopte as rwls 11/9/87 5i187 C�leted V13/97 6-7/9' Held 1/9/87 tvtial M tiM Bet 9/17/87 9/28/87 Budget/till 1e set 9/26/P :2/81 adopted 11/9/81 6/M/87 Sale Cloalrq Metal 6,rLB] R�!etN tloal seller travarum E/li./8� eirtl aloe mB Btet.ta . 6/23/87 5/Ba Draft dan nt to CaHcri 6/n/87 -'/Viet 6/87 Mc,7/28/87 7/87 anticipate preaentatim d initW cacepu to Cauc it Vll or 6/25 8/8l AM md. aiwl 1. ^ ICE amm C -a- m Kll ittx st t, 99 s 'B� StrJ Ins W� fiwclal Poliry is/9n a. W F1tr. C f Caurw IniW cvrtrol mlrnp� appointwnt of maultant oH6 5/97 senor ymtdsd to 6/22/f1 for apace atudy 2'aGlad to t/Id/fl cca ll appcoaed Odertatim study 8/19/Bl Cmwltxt selected 8/24/87 Work p1w adoptaa 9nvv Work aeamim trld l2/'I/e7 corplettm oe mase I .pact study Ivp I/26/m Maw I Doptetad oeterairo altarrotlaaa sae 11 1/w 2/9/p Maw I ampted - maw II Deterairotim o! nxt step 3/88 c aia poreas Iapleaant wy raca♦acitletiuv i/88 Draft pot icy to Ccutctl 6/87 2/22/M Initial draft capital hadget diaca and Ca it adoptlm 71181 Dwela t of Gat. 718, Rutegy Bva1wM p gram 81,87 4/87 Initiated = Program to Ixndle 9/28/8I adapted cmtln. In 19M budget. ExttMad wrl. to Ln fake/Sprig Park/Mlmatorka 9eadr1988 C�tiom C�rmble worth adjuetents I9/87 12P1/91 work aewim told 12/18/fl 'fl adjuabxta wade Development - ftr[maaraa 19/8] faaal plan to 2/88 eased py ayetx heal plan and adjuatsnts ptawttad 2/22/M 2/25/U plan adopted unity Info[aa. Weyor'a a[ticlx Ogainq IYx1Kter fwalustim of aya[x 8/87 8/24/81 waI.ti. v tM. Myor9'a article f.t to cord,,. to 8/M for ivt evaluatim �0 COUNCIL MEETING LIST OF LICENSES FOR COUNCIL APPROVAL APR ll nn FOR MEETING OF April 11, 1988 CITY OF ORONO Special Events Permit - American Youth Hostels Ironman Ride Bicycle Ride through Orono Sunday, April 24, 1988 Approximate time: 7:30-11:00 A.M. APPLICATION PARADES and SPECIAL EVENTS CITY of ORONO, MINNESOTA 55323 Date 19 cfuy Application Name 66_uLe'; , _//' _Q'// 7% er-: Af ff u Location of Parade or Event -0: ,L[2n�ViC�fLLiltl/ .L�3Lh.. Tit Naar of P rao and/or Organizations HajAzlndling the Event ffiYNFiLfA.r.+ti U r Pho e NunCers . AW Date of Even b—V1991 Hours of Event RXrli ./Si tes-� Reason or Purpose Insurance Coverage ` p^'"'""'• if Amount Comyan ( �r/Q�CL l 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 my arise directly or indirectly ifrom the Parade or Special Event approved by thA gran ing of his permit. I.Fee; $25.00 "' _ Signature of Applicant 'Pee Paid: r (Date: Check [/ 1_ash Initials ,*Z__ Public Safety Director CITY OF ORONO Approved: yes_ No FINANCE OFFIf.£ 0 01 bfN 25.00 Clerk -Administrator RECEIPT -TAW YOU I Office Use Only: - — NO'3P50 C00! ROl 111:34 Remarks s�1+-- 1'� I, 07.:9/fE 1 ~_ — - March 30, 1988 American Youth Hostels 30 So. 9th Street YMCA Minneapolis, Minnesota 55402 ATTN: Mr. Gerald M. Loomis Dear Mr. Loomis, Cit �• of ORONO I'ctiic•c• Ikq>}t�•uix•nt AF1_ i REF: Iron Man Ride I will support the bike race through the Citv of Orono on April 24, 1988 from 7:30 am to 11:00 am with the provision that n11 bike traffic shall stay to the extreme right of the trave " portion of the roadway and that they shall not take up the entire right hand portion of the roadway. — If the participants do not follow this provision, future races by the Iron Men will not get a permit in the City of Orono. If you have any questions, please call me. Sincerely, Melvin Rilbo Chief of Police MR:cjh DELANO run��G,Jv 1 P1 ----------------- I 41 I "jam I 1 v I qbn [r MNna1rYl) i-) YYr Y rb H � I rr > •brY ry r r ro.. yr ^ I I [atlr s alnetf� w d •Y, ti r\ IJ�I nummAn K.- 100 M. Z t t ; I I - - - - - - - - — - - - , D£TAIL OF FINISH AND UPPER LOOP ON OVER SIDE FOR 100 MILE ROUTE COMPLETE LOVER AND ZIPPER LOOP EMERGENCY NIIIt RCRS EMERGENCY 911 MINNESOTA STATE PATROL 641-%Il IIENNLPIN COUNT( SIIERIII EAI-gall NRIGIR COUNTY SMAIFF 673-6676 (Includes entire upper logo and Ctv 19 o, lover loo)) !A] 0 {'r IK CITY OP ORONO �ry CeuEl E L-NO NAME P A Y R Y-T-D • - - - - - - DIV GROSS GROSS EXP/ALLOW ANDERSON BL 31 9774.27 1369.03 BERNHARDSO ME 12 13496.03 19ZO 40 BOBZIEN SA �'l SB58.43 918.21 908MA JL 12 d129.40 527.08 BRINKHAUS JF 42 106 n.51 1390. 31 CHESWICK GB 31 9909.49 14161,00 CORNICK JL 31 8995.75 U 93.94 OENNESON RJ 35 1369.e� 196.35 ENGLISH It IM 31 8558.87 1315.Et ERICKSON DJ 93 0.00 0,00 ERICKSON KR 31 9917.74 1,418. 00 F1,CHENICH DT 31 $176,17 1105.16 FRITZLER JM 31 9883.32 1321.E8 GAFFRON MP 33 8149.66 1166.40 GERHARDSON JR 4t 11433.52 1636.08 GREGORY JD tE 8376.67 1068. 40 HALLIN DM It 7198,01 1030. OD HANSEN 6C 4t 7429.62 993,7E HANSING CJ 31 3032.31 430.13 HODGENAKKE .TE 31 31E.00 0.00 JACOBS TJ 33 8149.85 1166. 40 JOHNSON SP 31 6760.02 1264.82 KIL00 MH 31 1P266. 79 P231.74 KIRNYCZUK M 31 3673.52 52t.14 KN07T MJ 33 0.00 0.00 KNUTSON CA IS 5040.13 651.12 KUEHN TM 15 11212.11 1604.40 LINDSTROM DJ 93 0.00 0.00 MASUSTH JA 33 9911.17 1418.24 MEYER MA 35 t8.05 3.10 MIKELSON RA 15 6810.70 492.96 MILLS JR WH 93 0.00 0.00 MORAN MF 31 9106,97 1481.99 MOROWCZYNS J 31 9601.68 It49.E1 MORROW J8 31 2572.70 40t.95 NAA■ TL It S769.10 864.30 OAS DO 93 0.00 0.00 OMAN LE -1 6778 48 1053.68 PALMER PA 475.00 0.00 PETERSON Pl. is 3261.17 488.94 PETERSON RW 93 0.00 0.00 PETRAN JC 33 0.00 0.00 OUAST WA 92 7779.19 IOS1. 94 ROSS JA 93 0.00 0.00 8AS8 JJ 4E 7368.1S 9S9.E0 SCHAU$B CR 31 6456 84 SS4.03 SKREEN 08 48 7399 41 959.t1 SMITH JR 92 6692.73 1013.9E STEFFENHAG RE 93 7497 09 1079 80 STILE$ RC 61 0.00 0.00 THOMTON MR 111 7498 71 1091 60 v Ci9 "97 ~ f Q ki CITY OF ORONO P A Y R Y_T_D • _ _ _ _ _ _ EMPL-NO NAME DIV GROSS GROSS EXP/ALLOW -TOMCNECK LF 31 7197.95 966.51 T OMCZYK MM 31 0916.94 1E49.Q0 WALSH KL O1 O.DO 0.00 COUNT GRAND 46,004.91 5 ;L PAID 00040 fn' TOTAL 00054 TOTAL TOTAL FICA TAX GROSS • B4,B45.84 EMPLOYERS FIC/ A • GROUP HEALTH B • PHYSICIAN'S HEALTH PLAN C a BLUE CROSS/BLUE SHIELD �« D w MEDICAL CENTER PLAN C w PRUDENTIAL F m COORO. HEALTH CARE G m MINNESOTA HMO H a TRANS-AMERICA OCC. I m BANKERS LIFE if J a MUTUAL SERVICES K a MUTUAL OF OMAHA L = EMPLOYEE'S BENEFIT M m AETNA N a NICOLLET F!TEL 0 m LEAGUE OF CITIES 11 P m METROPOLITAN HEALTH PLAN AARE Z HEALTH CARE MAINT ACCT MISSING HOOP CODE FOR COME EMPL-S 11 IM CITY OF ORONO P A Y R O L�Y_T_D . _ _ _ _ _ _ _ L- uNNAME 0[V GROSS r ^M9S E%P/ALLON F CALLAHAN EI 11 966.6E 291.67 GOETTEN 7 11 966.68 24l 67 GRASEK 7 11 1200.00 300.00 PETERSON BA II 966.68 241.67 EIME IR U3 11 966 68 241 67 Ip COUNT GRAND 1.L66.68 PAID 00005 TOTAL 00005 TOTAL TOTAL FICA TAX CROSS • 00 EMPLOYERS FICA C A = GROUP HEALTH B m PHYSICIAN'S HEALTH PLAN C a BLUE CROSS/BLUE SHIELD D m MEDICAL CENTER PLAN E w PRUDENTIAL F a COORD. Ht AITH CARE G w MINNESOTA HMO H a TRANS-AMERICA OCC I m BANKERS LIFE I a MUTUAL SERVICES K 0 MUTUAL OF OMAHA L m EMPLOYEE'S BENEFIT M a AETNA N • NICOLLET EITEL 0 w LEAGUE OF CITIES METROPOLITAN HEALTH PLAN 0 a SHARE Z ft HEALTH CARE MAINT ACCT MISSING MOSP CODE FOR SOME EMPL'S it 1101 111, OF N0110 CHECK REGISTER 00-11-419 PAGE 1 f C11[LN 010 DATE AMOUMT vENDN ITEM DESCRIPTION ACCOUNT N0. IW. • P.0- 0 MESSAGE 10tl10 14/06/N It LO ATAT Iwo SYSTEM TELEPHONE 74-02t'i/0-13 I 10 t0 f ...... ...—CME ,$sell 44/84180 1. ]T ALL STAR ELECTRIC STREET MAINT 01-4EJJ-F49-06 f 1NOl.. 00/06/N RR .T ALL STY ELECTRIC MAINT EQUIP 73-0340-sa9-99 1 A..-=$ ...... 102tl0 6./00/Rt LT 17 AT G T INFO SYSTEM MAINT OFFICE EQUIP 01-4S40-039-1E f 0L .J0 04/00/60 LT IT AT A T IWO SYSTEM MAINT OFFICE EQUIP .1-01F80-OS/-14 *role N/1A/N tT IT AT A T IWO SYSTEM MINT OFFICE EQUIP ".1-43I0-I69-IE 1.9.31 N/N/N L] SO AT A T INFO SYSTEM mini OFFICE EQUIP 01-.J10-It1-JI ( 10E130 0NN104 eT 17 AT I T Iwo SYSTEM "INT OFFICE EQUIP 01-4310-170-33 l 1 N630 N/N/N ET 11 Al A T IMPO SYSTEM MINT OFFICE SWIM 01-4310-N1-4t 1s, JS . I ..... ...—CMS • &to's 04/64/N Is 00 9LACNONIAM 0 BONS MAINT SLOGS 01-4143-099-17 f Is oc . i� ...... ...-CMs 1 IO2071 N/N/0f 200 00 SOOZIENISVE A OTHER CONSULTING 01-0360-Itt-31 200 Do ...... .... CR8 '.tN, 04/10/04 TZ JT SLACKS PHOTOGRAPHY OFFICE SUPPLIES 01-4EIO-I29-31 lot", 04/00/N II T. SLACK! PHOTOGRAPHY OFFICE 60PvltE1 01-4t10-174-33 • 138 11 • < ...... ...-CK8 1011N N/N/N 12. H CITYviEu PL1144 0 NTG MAINT FURNACE 01-13I3-0/I-17 124 Tt . l u.o. ...-CKB L 1NI31 N/N/N t0 SO COMMERCIAL OLOC MINT MAINT SUPPLIES 01--MtJ1-Oft-IT N SO . l ...... ....CMS L I NL1t *A/$./*$ 14 SO [.PRESS MESSENGER SAZ COPIES 01-3790-000-00 L INftt N/N/N IS 05 E..11ES5 MESSENGER POSTAGE 01-4tl-174d3 It SS . -CMG 18E2E0 041N100 I SO F:PST BANK MPLS SANK CNAACES 01-3010-000-00 150 l ,9 C111 OF OpOMO CHECK REGISTER f.-11-N PAG'. 2 CMECR W DATE AMWNt VENDOR ITEM IESCI III" .CCWNT N0. INV 6 Y.O. 0 KESSI E 1 .A -CKS f fee.. 0.106160 10 59 SUSINE SS RECAL6 CORR OFFICE SJPI-IES 01-4210-039-12 f 59 A ...-.CNS • •...•• U2S53 64/06/44 1! .1 1—DEN V.VLEI CC nEETI.1 01-I3S6-1E9-3- • I{ 00 ...-CKS 10ee T5 041061" 106 19 CROUP HEALTH INC H06P INF APR 61-41S1-IP1-31 IJee IS 01/06/64 106 e: NOW HEALTH INC '106P IN' .,* 01-IISI-129-31 I feeIS 6.106/00 TS )5 SMOVP HEALTH INC n SP IM1 AIR 01-4151-171-33 IeetTS 04/46/N IT6 01 CAOVI HEALTH INC 1105I IN, AIR 74-4151-SVO-93 H )i • • s.-GEE • f0Rell 0.i06/tt MALLIM/C 4R)THY PHONE CLERKS CORK 01-4320-039-12 ,fees, 0./66.0 HALL"/DOtOTHT CLINK$ COMM 01-4351-039-1P ,.tell 0.196,00 ls HALLI.:OMOTHY METIK EIP e1-43Ee-040-13 ♦ • e1 ...-CNS l Ote9i .. -06/e0 165 00 HENN CTT CHIEFS PTAC SCHOOL 01-4356-129-31 e6S 60 . u.-CNS of 16e L) 0.16610E ITS 'S HENN CTY FIN DIV JAIL CHARGES FEB 01-43SS-080-16 1 13S l5 ...-CNS • ...-.• 102336 O.i06/80 61 96 ICM RETRNMT COMP ICMA 3/7 TO )/eO 01-4140-039-1? ♦ 102330 0.106/46 •i 96 ICM. 9ETRMT CORP ICMA 3/el TO 4/3 01-4140-031-I2 do 163 92 - .... � o00 1 PEWS 04/66/04 lei to INTERSTATE BATTERY E BATTERIES 13-4232-S69-92 901.90 • • ...-CKS u.a• . 16M)6] 041061" IS TS TOM JACOBS MILEAGE Oi-.]01-IT.-J] Se TS ...-CKS • 10elTe 64106/00 03 14 JOHNS AUTO SUPPLY AIR TANK 01-4342-249-42 .. ION CITY Of 0E0110 CHECK O6CUTER 04-11-00 PACE 3 CKCN K DATE AMOUNT VENOM ITEM DESCRIPTION ACCOUNT N0, IMY. 6 P.O. 6 MESSAGE 83 H . •.••.. ....CN6 ♦ • 10!][S 04/0 6 OT NEIYEN16 DRUG OFFICE SUPPLIES 01-1[10-ON-1[ I HIES 0./06/41*6 N 10 32 NEAVENYS DRUG SOAP 01-4132-109-31 • IKAS 0./N/N 1 [O NEAVE.YS DRUG EQUIP PARTS QUI 01-ILY-IH-)1 • 10[l6S 04/16 A6 EE3 11 NUVEN YO DRUG 0Loo0 tRE 86ME MTE6 0I-IL][-I15-3I C.O. iC • • ••••o w•-CNB 1SO 11 04/66/96 33 51 NUEMN-THOMAS MILEAGE !ARCH 01-4341-669-IS • l OL)1T 14/06144 1.31 NUEMMFTHONN MILEAGE MARCH 61-1][1-174-33 109311 04,061*4 4.61 NUEMN-TMMN MILEAGE MARCH 01-4301-L4t-4e I69317 0.10v60 6 45 NUEHN-TMOIIAS MILEAGE MARCH TL-4361-S11-H • 1601T 04/06/82 1[ 60 NUENM-TMONAO MILEAGE MARCH 13-4361-561-1[ 65 60 • • o•N• o•-CN8 • 16lN[ ../06/00 3,115. 00 LANENTNA COWS DIST END OTR 01-4384-OLO-11 • ],115 00 • •••••• ...-CN8 • 102444 04/06/6S el 11 THE LAMER PUSLI"ING 01-432E-174d3 • 10240. 64/96/06 IT 60 THE LAMER PUCLISMIMG 74-43ER-594-13 1) 11 • .•S u• S••-CNB • 16l467 64/06/341 TO 40 .EO CTM HEALTH CARE HOOP INS APR 0I-41S1-030-12 • INN) M/N/N TO 40 w-O CTR MORL TM CARE Moar INS MR 01-4151-O69-15 • 1 NNT 61/04/60 2.3 51 M•3 CYR KKTH CARE MOSP IN6 APR 01-4151-IC1-31 10044T 04/06/N 176. YI KV CTR MILALM CAME HOOP 1.8 APR 41-41St-174-33 • 162447 01/06/60 3Sl. of HE CTR KALM CAME H00 INS APR 01-4151-C41-4e • I0t"T 941641" 70. 40 ME CTR K471p CAMS HOOP INS APR 12-4151-S41-11 1 MOST 04/04/00 lOS II RED CTR KALTN CAME HOSP INS APR 73-415t-561-12 • 1.164.3S • • ou•• •••-CN6 • • 102I11 61/66/65 1.65E. 11 NOTED WASTE CONTROL APRIL SERVICE 73-1282-000-00 14.65[.il • • •.•«• ...-CMS • INMI 04/06/90 15. 00 "INKCNCO UTILITIES 01-43R4-tL1-31 • I NI10 04/06/N [T1.13 .1N GASCO UTILITIES 72-4384-S41-11 I M49$ 04/46/60 16. 16 MIN CASCO UTILITIES 73-4324-561-12 384 71 S F .....• ...-CMS O INIOS H/U/N 1 00 AN BENEFIT A"N LIFE INS 01-4I SE-126-]I • P 1984 CITY OF OPONO CHECK 40 DATE AMOUNT T.00 . o.u. • lots•5 04.06/e0 6e 19 I61S.5 0.10,188 471. 05 • pests 0.106/40 55 to 61a... • u.u. IoeSu 04/06,.: at. 16 • 10e144 04/04/06 39.of 19es.a 04/06166 a.T, 10ts.e 0.1061" 14 Se ♦ loes.0 64/06/M 5.Go lots.• 4.106,00 ID 11 Ioes.9 04,061" 62 aI • lots.6 64,06,04 st 13 lots., 04/o/64 11 91 IotS.a 14106/60 10 11 ♦ loes.a ../e6/ES 1 51 10a546 04/06/60 14 16 ORS.t .4106100 a9. 11 ♦ lots., 0.106/M 1 11 IOtf.e 04/06/86 6.49 :oes.a 94/01n6 as le • .6a.ee . lotss9 04106/46 t6S.ES "ass, 0.106/60 IN. SIR ! 'otssf 0.106186 cill lotssl 6.10,106 nt sT IOessf 04/96/60 19.99 IF leases 04/06/69 1,"a.14 Weasel Q./Q6/61 HO.n ,*ass, 04/06/08 W.64 • E. TBE.GO . 10t519 04/06/40 SO e4 1611164 04/04/04 so e0 or leeste 0.106/66 is 10 10BE66 C./06166 l62 6. 1""a 04/06/98 so to • 10BE66 0.106/06 SS 06 Isms 0.106/06 50 t0 10t964 04/06/66 IS 06 or IQS6s 0.104116 l5 06- lees6e 04/06/60 To 03 teteoa e4106/.4 11 1a • lets66 0.116/86 ze 71 CHECK REGISTER 04-11-66 PAGE . VENDOR ITEM DESCRIPTION ACCOUNT N0. 1NV, 0 P.O. 9 MESSAGE NAVARRE AUTO REPAIR MAINT AUTO O1-4341-111-11 NAVARRE AUTO REPAIR MAINT AUTO •1-Q4I-E49-4E NAVARRE AUTO REPAIR MAINT AUTO 74-4141-590-91 NAVARRE HARDWARE MAIMT SUPPLY 61-4e11-699-1T NAVARRE HARDWARE EQUIP PARTS 01-AEX-1E9-il NAVARRE HARDWARE EQUIP PARTS 01-9l1E-119-11 NAVARRE HARDWARE EQUIP PARTS 01-9[X-171-31 NAVARRE HARDWARE EQUIP PARTS 01-4232-171-11 NAVARRE HARDWARE EQUIr PARTS 01-4[x-1E5-15 NAVARRE HARDWARE EQUIP PASTS 01-4[x-e49-41! NAVARRE HARDWARE PQUIP PARTS 61-QX-199-94 NAVARRE HARDWARE EQUIP PASTS 6rQX-e9e-01 NAVARRE HARDWARE MAINT BLDG$ 01-4343-099-17 MAY IRE HARDWARE MAINT SUPPLIES Te-.E11-549-91 NAV,_HRE HARDWARE EQUIP PARTS 7e-4ex-549-91 NAVARRE HARDWARE EQUIP PASTS T9-4eX-509-91 NAVARRE HARDWARE EQUIP PARTS 71-Itx-S01-9E NAVARRE HARDWARE EQUIP PASTS 71-421a-561-9e NAVARRE HARDWARE EQUIr PARTS T4-4eX-510-93 Nap UTILITIES 01-41E4-099-17 No, UTILITIES 01-4121-1e9-11 NSA UTILITIES 01-4124-17Sd4 Nor UTILITIES 01-43e4-l49-42 Nor UTELtrin 01-41e.-t90-61 PUMP UTILITIES TE-41e4-549-91 Nap UTILITin 73-43e4-509-9t Nap UTILITIES 74-4124-S90-91 NORTHWESTERN NELL TELEPHONE at-01tO-039-I9 MONTNV[STERN BELL TELEPHONE 01-61eO-659-14 NORTHWESTERN NELL TELEPHONE 61-01tO-069-15 NORTHWE aTEIM BELL TELEPHONE 61-0x0-let-11 NORTHWESTERN BELL TELEPHONE 01-61e0-174-11 NORTHWESTERN BELL TELEPHONE 61-01E0-1 TS-N MONTMWESTERN BILL TELEPHONE 01-01t0-e9f-4e NORTHWESTERN NELL TELEPHONE 01-0x0-S69-9e NORTHWESTERN NELL TELEPHONE 01-/xOi69-9e NORTHWESTERN BELL TELEPHONE T 431!0-S19-91 NORTHWESTERN BELL TELEPHONE 7I-41l0-519-91 NORTHWESTERN BELL TELEPHONE 71-4EO-569-9e ISBN CITY OF WORD CMECN 1O DATE IEesst 4.10,100 ,les's 9.106/04 102SA• 0.104/64 IMS97 06106188 Hats', 04/01/86 IORS1? 04/06/94 lots'? 0.106,08 1"a" 04101166 IotS17 0.106189 ION+? 04/06/80 IMS17 s.rosrsa IMS'T 04/06/68 IOES17 6.re6rN! nes'T 1.104,80 I Nsn 041e4108 lots'? 04/06/40 ,Ce6/I 94/61/84 I otN 1 04/ e6 1s6 nt6n 0.106r88 ,Celt, 0.106108 ,.CIE, 0.106106 'OEM, 0.10l166 ,aeon 04/06/60 I121.9I 04,66/9e nue, 04/64/96 ,oases 04.66/46 ,Debts 04/O6/90 Ieto's 0.10l160 ,sells 0.10G149 I6e619 1.166/60 lot,t6 0.1Nr•0 lodes 0.106180 1026,4 0.10v48 , OCRs 1.104,09 I ie .te .4161160 CMECk REGISTER 04-It-69 PAGE 5 AMOUNT A .D011 ITEM DESCRIPTION ACCOUNT MO. INS. 0 F.O. 0 MESSAGE Is 06 NORTHWESTERN BELL TELEPHONE 93-43N-569-E! lJ 91 MORTMWESTERM BELL TELEPHONE 74-434e-1C14-93 MOS AO NORTHWESTERN BELL TELEPHONE 74-430- 94-93 196 IS ..S-CNS ?' .. PURL IC EMPL SET ASSN PERA O/T TO Leo 01-E1//-439-1e I PUBLIC EMAIL SET ASSN PENA 3/7 TO l/CO 01-4I41-651-14 1. ie PUBLIC EMPL SET ASCII PERA l/T TO 3/t0 S"101-449-15 T 1s PUBLIC EMPL SET ASSN PERA S/? TO 3/e0 41-/14I-6/9-11 L.SQO. 71 PUBLIC EMPL PET ASSN PENA 3/7 TO Leo 01-0101-11141 Se 0, PUBLIC EMPL NET AS" PENA S/T TO 3/90 01-414I-11 S-31 e•0 10 PUNLIC ENCL NET ASSN PENA O/T TO Let s"IM-1211-11 Sel e0 PYBL IC EML NET AS" PENA ]/T TO 3/e0 tl-M41-I26-31 N0 .T PUBLIC EMPL SET ASSN IDEA S/T TO Lee 91-1141-111-23 elS.el PUBLIC EMPL NET AS" PENA S/T TO B/tO 41-9141-S19-4102 16 67 PUBLIC EMPL SET AS" PENA e/T To 3/96 01-M/t-190-E1 40 41 PUBLIC EMPL NET MM PENN S/T TO Let 95-0111-SON-11 11. Go PUBLIC EMPL NET ASSN PENN S/T YO Lee T 101-569-Wt 5..1T PUBLIC EMPL MET AS" PENA 5/7 TO 3190 Te-014I-510-92 3,373 56 1,095 50 PHYSICIANS WEALTH HOBP INS I" 01-107E-000-00 L]t 55 PHYSICIAN HEALTH MOBP INS IFM 01-4IS1-039-IE ]Se 00 FMYSICIAME WEALTH .051 INS AIR 01-4151-069-15 U. 75 PHYSICIAN WEALTH W05P INS AIR 01-6t51-lt6-3I 1.001. TS PHYSICIANS WEALTH Hoar INS AIR 01-4151-leg-31 Be.. as PHYSICIANS HEALTH H)SP INS Apo 01-4151-114-33 n. 00 PHYSICIANS HEALTH .OSF INS Are 01-415I-e49-4e .1 be PHYSICIANS HEALTH NO" INS Ma 7e-1151-549-91 M TJ PHYSICIANS HEALTH Hoar 1.5 "a 73-4151-569-9e .,610 T] 616 O5 POPHAM HAIR 6 ASSOC LEGAL RETA1M iR FEB 01-4301-060-11 T. T]T 11 POPHAM MAIM 6 ASSOC LEGAL PROSCTIS FEB 01-430e-OSo-16 e,a 30 POPHAM MAIN 6 ASSOC LEGAL CO]SULr FEB 01-003-060-I6 ].T.SO POPHAM HAIR 6 ASSOC LEBAL LONSUL: MR 01-4303-040-71 1.906 s0 POPHAM MAIS G ASSOC LOCAL CRIS ST S1• 01-4306-e99-Tt )... 00 POPHAM MAIN 6 ASSOC LBGAL COMMULT Fee e4-4311-401-00 416.60 POPHN. MAIN G ASSOC LNY CONSULT FEB 24-4399-415-00 SI..O POPHAM MAIN A ASSOC LOCAL CONSUL FEB es-.303-4112-00 14,41157 es S so E C INOENTIFICATION PERSONAL EQUIP 01-4ee1-1e9-41 BBO 71. 50 ORLIN EEMPEMMING MAINT SLOG A NMDS 01-4343-Ie9-31 1966 CITY M OROMO CHECK NO DATE AMOUNT • ,6260f 4106,68 IS 00 9) 50 I0E6)S 0.196/E8 "Teo 00 • I.)ED 00 o... IN I OE690 64/04/20 60 00 60 00 - • 'SRI.6 04/01/90 1Is e5 101!740 6./0E188 60 +s 1Tl 00 . • IN 10<TT9 04/04/N 11. 16 16. 16 • ...... ,0e6,I 04/06/00 97 71 I- T • 16eP7 64/06186 162 33 IE26n 04106100 94 00 • as. n ,feel, 04/66/00 143 n 143 Bl . , Oe6l1 0.106/68 ) 61 1 6] 16[6]S 04/06/80 60 00 • 60 00 - ,Sons 04/06•es 6 25 0 as CHECK REGISTER VENDOR ITEM DESCRIPTION ORLIN REDEPENNING MAINT BLDC 6 GRIDS ROLLINS OIL CO GASOLINE SHOREWOOD OIL OU61ER MINT BLDQ STREICHER9 EQUIP PARTS STEE ICN[U EQUIP PMTB TRACY OIL CO HEATING OIL US NEST CELLULAR INC TELEPHONE VESSCO INC REPAIR CLORINATON VESSCO INC POLT TAMN VININC SAFETY 1900 MAINT EQUIP VILLAGE CHEVROLET EWIP PARTS YARNING LITEE INC SCHOOL WRIGHT MEAN ELECTRIC UTILITIES 00-11-60 PACE 6 ACCOUNT N0. INV, 9 P.O. 0 MESSAGE )4-4343-S96-9] ...-CMS 01-1260-000-00 ...-CMS 01-4]4]-099-17 ..•-CMS 01-4e3e-129-31 01-4232-1e9-3I u•-CMS 74-4]24-590-9] ...-CMS • 01-4320-129-31 RN ...-CMS • 72-4234-549-91 72-434S-S49-91 a ...-CMS • 73-4342-549' 9e IB ...-CMS 61-4232-249-42 Y ...-CMS 01-0356-249-02 • ....CMS u 01-4324-249-42 ....CMS 1106 CITY OF CAONO CHECK REGISTER 04-11-66 PACE T CHECK GO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOU-- N0. INV. 6 P.O. 0 MESSAGE 10296, 04/06/64 30 00 THE ENTERPRISE AUCTION AD 01-3790-000-60 ]0 OC . 102902 04/06/06 31 TO TOLL CO EQUIP PARTS 01-4232-20-12 31 70 • IOC963 64/94/66 62 10 BRAYTON CHEM INC GROUNDS MAINT SUPPL i4-4231-590-93 bt 10 • 109904 04/04/04 90 00 CIS CABINETS INC TRUNK ORGANIZER 01-A23B-le9-31 90 00 ,tests 0./06/06 9e6. 00 HE CO BUCKET ADAPTER 01-4238-219-49 9E6 DO 02906 64/06/09 255 60 WHEELER LUMBER GUARD RAIL POSTS 01de33-e69-4e Cs9 60 10E907 04/06/00 .3. 20 ENGINEERING REPRO B&Z COPIES 01-3790-006-60 .3 EO 10ts's 04/06/06 12 •♦ ROAD RESCUE INC EQUIP PARTS 01-032-16!9-31 12 1. tests 04/06/66 120 00 PUBLIC SAFETY EQUIP KAINT RADAR UNITS 01-4342-129-31 120 00 ,tell* 6.106/16 23,504 00 POLAR CHEVROLET 2 CNEV SEDANS 01-4S50-let-31 E3. 50. 00 10t", 6.106,00 60 00 POST BOARD PEACE OFFICER LTC 01-4360-IH-31 60 00 10t91e 04/06/84 BB 00 AAROM6 PLUMBING MAINT LINES 73-4344-569-9e 06 40 ,sHI] 04/06/66 3 26 PUBLIC EMIL GET ASSN PERA I/24 01-4141-069-IS 16E913 04/96/90 6.14 PUBLIC EMPL NET ASS. PERA 1124 01-I141-1H-01 10 U 16l910 64.06/96 49 00 LAN ENFORCEMENT SUBSCRIPTION 01-4240-199-31 61. s0 10t115 64/06/06 79 60 SEAS -AIDE !NC TEMPLATE SETS 01-4e32-Ie9-31 71 60 . 16t916 04166/66 3s. 00 BRUCE ANDERSON ALTER PANTS REINS 01-6e21-109-31 3S 00 16t11T 04/04/06 14.94 *ORIN MIKELSOM MEG 111 P/S 01-4356-069-IS ,Sall, 64/061" R6 9t ROSIN MIKELSOH MILEAGE - MARCH 01-4301-069-IS .s 66 . •••-CMS •...•• 1.11 .111 OF wowt clrt cv No D•TE CWECR REGI*TER 04-11-04 PAGE R or AMovWi vEN0011 [TEN OERCRIPTION ACCOUNT MO. [W • P.O. • MESSAGE , 55, i11 13 FUND 01 TOTAL GENERAL FUND OF i.0 EO FMD Er TOTAL PERM INPMOVE REVOLVING I- 5, R0 FUND ES TOTAL HES [MPEOVEMEMT FUND E,11R 51 FUND TE TOTAL WATER OIERATIMC 'MR f 16. 600 H "NO 13 TOTAL RWFR OPERATING FUND .65 El FUND H TOTAL GOLF COURK OPERATING 10 11,16, 66 TOTAL _ f � • • • a a c�-a PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE '7 PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (Please print) ADDRESS PRESENT FOR (from agenda) I. 7.Ja P.4 7, r 0. C t� 1. 3. 3. 1. 5. 6. 7. 6. 9. 0. PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE -/"//-s� PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (Please Print) ADDRESS PRESENT FOR (from agenda) 1. 'r ,. t t-c Ifx)y ,Arcs r' QD 2. 3.1VA, Qa,,i 1A151, 17ki P • Y-kr S' --- 4. 5. 6. 7. 0. 9. 0. 1. 2. 3. 4. S. 6. 7. S. 9. 0. J :]E'+e..o tv% s camn ct, 1 011mell i EIING APR 111988 O UITY OF ORUIYU aCIT•Ii InIY efts IaaaOnYr aWp NN nYaQ Ll/n eras® 66�n s samPn, 6�n R 6X0s SOa R a®� ial, IR sent sore ama lel 9aTa tOa�T 9W190 tcl ) o) n.asa I. pPIFla 1R P a03a OIaO 19M •PXr qrt rOKI t!A ------------- -- cau 1/31/09 tw9R 1/ll/M W.90 G rzl 32,930.4M 6102.211 t01S2.661.M $211.ala 82,a1.010 a.X 92,120,62S Sub I11.400 I'm 16. 500 1.011 - 110."1 COGa 0 0 - 0 - 0 apsip wtlq 25"M 1,5" a4250 0 65,900 0.0. SSa.62s sift 0•p .2) 220.936 m - 0 - 221.713 . at ue C a9.3411 s.n6 - 0 - 114.5671 f r � 2 r 225.716 1.643 - 3,042 - 131.115 . tp.ew 95 I74.2261 0 - 1.13S - t19.M11 G at 1r: V M 1,112 35.901 X.a00 0 36,OS0 0.Ct 4211" Iy 9ma 66-M f19.X1 6,in 109.610 142,024 IX.I)0 91.09 511..16 by be 80 6S.M 10.6X 130.190 2 121.00 .0. M6.644 Iep i 82 219,6M 2,296 12r9)0 1. Wm .06 221.971 Imp Ve M 1M,T9 6.309 100.430 NS 111,•60 a... 111.921 lat. ft 6SIM Sol Iw.9X 61691 129.930 e.5t Sl,a9) S•ar" 117,836 61712 610.n0 0.204 1".X0 ].1. 316,X. 41r Case• cp a.6aa 609 101,120 161 9.006 101.1. 1., 1.. Pawed le. 2ralt ON 51362,602 t5,36216021 M,m 1.022.917 65.SSa m,e00 1s.a11.rn1 5.061.pS TMIS 65.X1.602 aX,w $210,922 83.626.170 --------------- _------ _----- _________________ - 81.e22.511 a460.260 Q1626.030 - n21.p rl)..rl a5161.00S foMu PS P 331090.9M 3165,6X 6211.022 03.631.913 - 61.M1,sM X36,15S S3,a2+,4SS - am,6X .120.260 'C'Mal. 90tY. tM( CMa . tN611osr M 1/11/M 11.1X,69] aaaaaIL fall aloe! - SR, a0p2 tal aelr ep..•ti n9 f..e eee9et eee. not am baled• .. ru Mrre - rat -1. a .a.. reoee.t OpR6 �t a0air t.a eel l.etaa/rufteee. Th. r a•Ipt. aaa,ag 9]... pedant - mr tet.l Paulpt.. 1 nua SO sled M2.290 a." Lt.. 6 IaY<a a.Xl »,XO 1." aOPa 1al Oa.•r.l roes rune..• ere.e .f I I not Mf..e1...111M ( b . aatPa. 23.46$ MSIM I.." aaedl .1w aa11-- 9 eww m Cww ra bed. 2371113 MITI* ll.n fa .Ik.r ... ... r_ pu iee.r •ea wee-r .aw Paa 0 N,100 0.00 •awliq. ( Ivt. a 1a•aat. 161056 1621090 I1.30 au. treHar pee. 0 a a.,a ]el up.. ..... ta ferteen . •sea l.e Clam, Sit HIND 2.X it...r.ra. se e.t 1l.e. ..e >.I ue. .... .r 909aL SaMON $110.000 32166I'm 1.6% I ]pl MINUTES OF THE PLANNING COMMISSION MRETTw, HELD MARCH 21, 1988 ATTENDANCE 7:02 P.M. The Orono r Commission met on the above date with the f members present: Chairman Kelley, Johnson, Bt. and Brown. Hanson and Cohen were absent. The .,-alow_ng represented the City staff: Building i Zoning Administrator Mabusth, Assistant Planning a Zoning Administrator Gaffron, Building Official Jacobs, and City Recorder Peterson. Councilmembers Callahan, Peterson, and Goetten were also present. #1257 CATHERINE A. CRAM 3760 WATERTOWN ROAD PPELIMINARY SUBDIVISION PUBLIC HEARING 7:15-7i23 The Affidavit of Publication and Certificate of Mailing were noted. Gordon Coffin, of Coffin i Gronberg Engineers and ',and Surveyors, was present representing Ms. Cram. Mr. Coffin explained the request for prelimina ; subdivision approval of a 72 acre homestead into 3 lots. Lot 1, Block 1 containb 22.27 acres with an existing barn and shed (no principal structure). Lot 2, Block 1 contains 30.1 acres with two residences. Lot 1, Block 2 contains 18.6 acres with no structures. Regarding the two residences on Lot 2, applicant at this time does not wish to divide off the rental house. Staff recommends that this issue be addressed if Lot 2 is further subdivided. Additionally, if Lot 1, Block 1 has not been sold within one year, staff recommends that applicant legally combine Lot 11 Block 1 witn Lot 2, Block 1; or remove the barns. If the new owner has not filed a building permit application for a new residence on Lot 1, Block 1 within one year of final plat approval date, the accessory structures would have to be removed. Mr. Coffin stated that Mrs. Cram is out of town and has not been advised of staff � recommendation and he could not comment on her behalf. Mabusth stated that Mrs. Cram is anxious to release the property for sale (Lot 1, Block 1) and would like Planning Commission to act on the application at this time. She noted that if applicant was not agreeable to staff's recommendation regarding the accessory structures, the application would be brought back to the PlaII^ -omission in April. MINUTES OP THE PLANNING COMMISSION MEETING HELD MARCH 21, 1908 11257 CRAM CONTINUED Bellows was concerned with the two residences on Lot 2 and recommended a lot line rearrangement at this time. Johnson Stated he was not concerned with the 2 residences at this time because Lot 2 could reasonably be subdivided to meet the 5 acre minimum standard. Mabusth asked if Planning Commission was comfortable with staff's recommended controls for the non -conforming structures? Johnson, Brown, and Chairman Kelley stated it was acceptable to them. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Brown, seconded by Johnson, to recommend approval of the preliminary subdivision as presented per staff recommendation. Motion, Ayes 4, Mays 0. 11251 AUDRB! SCHULTZ PETITION TO VACATE PORTIONS OF PORBST BOULEVARD SAGA HILL RHVISHD (SOUTQABT SHORHLINB or POREBT LRM) PUBLIC HEARING 7:54-8:12 The Affidavit of Publication and Certificate Mailing were noted. Audrey Schultz was present for this matter. Mabusth explained the request for a partial vacation of the remaining portion of Vine Place and a park area of the Saga Hill Revised plat, and portions ^0 Forest Boulevard, which involves 9 properties. Chairman Kelley asked why all the homeowners were not involved in the application? Audrey Schultz was present for this matter and stated that some of the homeowners did not want it, basically for tie expense reasons. She stated she sent out notices to a spe.ific section of homeowners and included tha names of those that responded in this application. .ns, i265 Elmwood, stated they are in favor of t) on but do not want the expense involved. Mabusth stated that costs would be incurred by the owners to pay the costs of land use application foe, filing fee, and leaal description. 9 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 i1251 SCHULTZ CONTINED Mabusth noted that before a total vacation could be granted, access to the Nelson property (1310 Elmwood) would have to be resolved. She explained that in 1972, the City vacated Oak Place. Mr. Nelson currently achieves access to his property via the vacated Oak Place now owned by :liras other property owners. If a total vacation of Forest Blvd. were to be granted, Mr. Nelson's property would be legally landlocked. One of the four fee owners of vacated Oak Place, Richard Johnson of 1304 Elmwood, stated he had no problem with granting an easement to Mr. Nelson, but was unsure of the process involved. Staff recommended tabling the application to work with all the property owners toward a total vacation of Forest Blvd. and to resolve the Nelson accear, issue. Audrey Schultz, acting agent for Douglas and Tticia Johnson, 1399 Park Drive, stated they could not construct an addition to their home until Forest Blvd. is vacated. She has been working on this vacation request since November 1987 and was opposed to tabling the request and delaying her cli,,ot further, and in consideration that the other p �ty owners were already given the opportuni join in the application. Mabusth stated that the request would lave to be tabled if other property owners wished to join in the vacetion request at this poin•., in order to review the impact on the adjoining properties, and determine the need for survey information, additional fees, and another legal publicat'on. Tricia Johnson, 1399 Park Drive, wns opposed to tablinq the request for a partial vacation, particularly due to the tact that t+ ther property owners do not wa.it to deal with a su , noting again that tt have been working on thi. ace November and are an...ous to make improvements to their home. Bellows and Johnson had no problem with recommending approval of the proposed partial vacation. Kelly Bevan, 1295 Elmwood, asked if a total vacation would include the portion of Forest Blvd. at Summit Avenue? Mabusth stated that the Summit Avenue and Buff St. portions would not be included and must remain public for fire lane purposes. MINOTEB OP THE PLAMMIUG COMMISSIOM MEBTIMG HELD MARCB 21, 1988 11251 SCHULTZ CONTINUED There were no other comments from the public and the public hearirg was c:osed. It was mo,;ed by Bellows, n eed by Johnson, to recommend approval of the oartir... !ation as proposed per str Pf .acommendatioi,. Mottos, h, 1, Nays 0. d1256 METROPOLITAN KUTF CONTROL COMMISSION COOETT NORD 51 AND 19 tNTSRSECTIOM CONDITIONAL USE PERMIT AND VARIANCES PUBLIC SHARING 6s30-6t66 The Affidavit of Publication and Certificate of Mailing were noted. Mabu=th e�pinined the request for a conditional use peri.lt enl 'sriancis for the encroachment of the 75' lak-shuee p: 'tec-r' area, the upgrading of existing lift stations, and i .,.lotion of two lift stations within the City '1.-. n'.. rimberly Zcc ardt of the MWCC was present for this a.at ir. Sh._ explaineJ that the capacities of the exi—ing interceptor line and the lift stations have been reached. To solve the capacity problem they or, putting in a parallel svetem, vacating the existing system, upgrading some of the lift stations, abandoning two lift stations, any, putting cme larger lift stations. Chairmn Belasked how a cation and the Axis £ng Ripe t. eng replaced will oandoned? s. Eukhar., stated the they will remov! the above -ound stru ures and the lift station I f-i l led with the pipe will nut be removed but will be plugged me areas. She noted that they may attempt to e she portion of pipe hanging from the bridge. Rent Ca 3498 North She -ive, explained the history lift station 1,�aLod on the corner of Baldur F. d Birch Lane. Re felt the problems are directly i ted to private downspouts and sump rumps dis^h' I'•q ur the newer, and that the City shoLid make a to roe r ive this ..Suss before undergoing this project. MINUTES OF THE PLANNING COMISSIOM MNETTWG HELD MARCH 21, 1988 11256 MWCC COMTINURD James Olson of Bonestroo, Rosene, L I'erlik Assoc., the engineering consultants to the MWCC for this project, stated that Mr. Carlson's comments were accurate as to why this project is needed, however, evaluation of attempts by other municipalities locally and . `ionally to reduce problem flows indicates that they cannot be effectively reduced, therefore the proposed project is necessary. Mr. Carlson reccommended the the City of Orono look into what Wayzata and Long Lake has accomplished in reducing problem flows before proceeding with the project because of the extensive amount of money involved. Ms. Eckhardt noted that the MWCC presently has 2.4 million dollars to put toward this project. Bellows asked if any other solutions to solving the peak water problem without rebuilding the system been investigated? Mr. Olson stated at the project investigation started back in 1979 anu the proposed project was found to be the most coat effective. It was noted t:!e,t there was a public hearing regarding this project heal on March 7, 1988. Ms. Eckhardt explained the process of notification regarding thir hearing noting that approximately 30 people were in attendance. Chairman Kelley read in the ecord a letter from Rent Carisoo, 3498 North Shore Dri e, voicing opposition to disturbance to his property during this projec�. Th- a were i,j other comments from the public ind the public hearinq was closed. It was moved by Johnson, seconded by Bellows, to recommend approval of the conditional use permit and vari,^ce appli,,tion of the MWCC, finding that all ■tan—. ds have Is satisfied and such approval to include any amer.'ment to any of the plans for each specific lift ■tat on , subject to staff reviewing t.,e erosion control plans prior to Council review. Motion, Ayes i, Mays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 01256 MWCC CONTINUED Mr. Carlson noted that he objected to the basis of the sewer per as and as a property owner he is not satisfied that an alternative method to drainwater being passed into the sanitary sewer has been answered properly which is unfair to the residents of Orono. Chairman Kelley stressed the importance of adhering the the minimum 2-5 acre lot standards in order to minimize the need for sanitary sewer around the lake. 121E ESTATE OF RUSH EMITS 387 ORONO ORCHARD HOW SURDIVISION THIRD REVIVE This application was tabled per applicant's request. #1223 JOHN WALDRON 1951 CONCORDIA STRMT CONDITIONAL USX PM WT a VARIANCE RVOXAL *NOR COUNCIL FOR REVIEW OF REVISED PROPOSAL John Waldron was present for this matter. Gaffron explained the revised proposal for grading, which would cut approximately t - 7 F of the lakeshore yard down to a depth of 3' below .,o existing surface. He also reviewed the options to restore the lakeshore bank. Staff finds that from both the short and long-term lake water quality standpoints, there would be no significant impact relative to other options. From a stability standpoint, soma options are better than others. From a visual standpoint, the revised proposal will have less of an impact than the original deep walk -out cut proposal. Bellows felt that because of the existing grade, a 3' cut would create more drainage into the lake. She suggested another relnt4 !ely inexpensive stabilization option that in similar to the cribbing system using posts and c.,ncrete footings, and then completed with plantings. Chairman Kelley felt that the 3' cut would cause other problems, however, if the cut was allowed, it should be done along the entire width of the property. He was more in favor of stabilizing the bai.. by other means. Bellows stated that she too was in favor of stabilizing the bank properly without the need for the 3' cut. MINUSES OF THE PLANNING COMMISSION MEETING HELD !ARCH 21, 1988 #1223 WALDRON CONTINUED Mr. Waldron did not feel that his proposal would create any adverse drainage problems to the adjacent properties. He stated that the logical method to solving the bank erosion problem is to remove the overburdening soil which is supported by the HCD and his engineer. He state: that his plan is basically neutral in relation to other options except for the visual impact. Bellows explained that the visual impact issue is not whether they like or dislike this specific proposal, but to maintain a visual coherency to the lakeshore. She noted that restoring the lakeshore bank can be done without creating any visual impact. Johnson asked about the material that washed down from the lakeshore bank, were there any plane to reclaim these soils, or just cut the 3' from the top? Mr. Waldron stated that the soils slid into the lake apprOAimetely 20' and settled or washed away during the summer. He did riot plan to reclaim these soils. Johnson, Bellows, and Kelley stated they could not support the revised plrn. Brown stated he felt OK with the revised proposal taking into consideration the Hennepin Conservation District report, the fact that the visual impact is minimal, the neutral long-term runoff impact. He would agree that the cut should be made along the entire width of the property. Chairman Kelley noted the proposed hardcover increase. Gaffron ex -Seined the proposed 1.41% hardcover increase in the 0-75'. Chairman Kelley stated he did not have any problem with the proposed deck but felt the hardcover percentage should remain the same. Mr. Waldron noted way that he could achieve no net hardcover increase and agreed he would do this. Because of the Planning Commission majority opposed to the revised plan, Kelley asked Mr. Waldron if he would like his request tabled to he can e,.'•mit another revised plan? 7 YINOTES OP THE PLANNING COMMISSION NESTING HELD MARCB 21, 1980 11223 NAL)RnN CONTINUED Mr. Waldron felt there were no other proposals that would work for them, therefore requested Planning Commission to make their recommendation at this time. It was moved by Chairman Kelley, seconded by Bellows, to recommend denial of the 3' excavation cut in the lakeshore yard and 0-75' hardcover variance; and recommend approval of the average lakeshore setback variance to construct the deck as proposed. Motion, Ayes 3, Nays 1. Brown vcted nay. Motion carried. #1233 MICHAEL HALLES HOMES INC. 2715 PERCE LRHE CONDITIONAL HBE PERMIT AND VARIANCE AMEEDED APPLICATION - SECOND REVIEW Architect Larry Kollmeyer was present representing Michael Halley Homes for this matter. Jacobs explained the request for a conditional use permit and variance to reconstruct an existing retaining wall within 75' of the lake; and install a drainage pipe within 75' of the lake. Chairman Kelley read the City Engineer's recommendation of this proposal. It was noted that the proposal includes constructing a walkout basemont with a berm between the home and the lake. Bellows felt that they were being asked to solve a problem (through a variance to the ordinance) that is being created by the proposed design. Chairman Kelley asked Mr. Kollmeyer what the hardship was to support granting the variance and conditional use permit for the drainage pipe? Mr. Kol lmeyer did not indicate any specific hardship, but questioned why a drainage pipe buried below the surface of the yard would be a problem? Bellows explained that an outlet pipe to the lake is not in the spirit of Orono's protection of disturbing the lakeshore and water quality. She further explained that the proposal is creating an unatural drainage situation, a solution affecting the 0-75' lakeshore yard being created by the desire for a walkout basement. Mr. Kollmeyer felt a 6-10" pipe would have an minimal physical effect to the lakeshore. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 i1233 MICHAEL BALLEY BOMBS CONTINUED Chairman Kelley stated he is in favor of restoring the retaining walls but opposed to allowing the drainage pipe. Johnson agreed that the pipe would not have a significant impact and would support the proposal. Brown agreed with Kelley finding it would be setting a precedent by allowing a drainage Ape. It was moved by Chairman Kelley, seconded by Bellows, to recommend denial of the CUP/variance for the drainage pipe within the 75' lakeshore; and recommend approval of the CUP/variance to reconstruct the retaining walls within the 75' lakeshure subject to no additional hardcover incurred by retaining walls. Johnson felt that the revised plan was a much better plan than originally submitted. He suggested that applicant could direct the drainage to the rear of the douse instead of directly to the lake. Mabusth agreed suggesting the wetland area. Mr. Kollmeyer stated that the wetland is outside of the property. Chairman Kelley stated he did not feel this was a good design for the property because eventually grading of the the lakeshore bank would be desired. Motion, Ayes 3, Nays 1. Johnson voted nay. Motion carried. 41247 ROBERT POSTBUMUS RECORD LOT NO. 40 - BIG ISLAND VARIANCE SECOND REVIEM Applicant was not present for this matter. Jacobs explained the request for a side setback variance to construct a lake home; and a variance and conditional use permit to install a well within 75' of the lakeshore. It was noted that the restricted septic site affects the well and house location, therefore requiriLg the need for the variances and conditional use permit. The hardships being the lot size and septic location. 9 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 11247 POSTHUMUS CONTINUED Gaffron explained that there are many record lots on Big Island that were granted the right to use the property for seasonal use, many of which are substandard and required variances. There were no comments from the public. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval as proposed per staff's findirgs and conditions. Notion, Ayea 40 Nays 0. 01248 THOMAS WILLIAMS 4127 OAK STRLdT VARIANCES PUBLIC PEAKING 8:51-8:57 The Affidavit of Publication and Certificate of Mailing were noted. Thomas Williams was present for this mat'cer. Mabusth explained the request for a lot area and lot width variance for an undeveloped 3 lot parcel. Staff finds no problem with the building envelope as indicated on the plan. Chairman Kelley stated he would like to see Lots 1 4 2, Block 5 combined with Lot 1, Block 4, including the vacation of Ridge Place between the lots. Charles Hommeyer, 4125 Oak Street, wrs opposed to vacating Ridge Place because it would alit nate the need to adhere to the 35' road setback requirement, and allow a larger building envelope for that lot. Mabusth noted that because of the existence of the sewer pipes, she did not feel the City would consider vacating Ridge Place. There were no other commentr from the public and the public hearing was closed. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval of the lot area and lot width variances per staff recommendation, subject to the condition that the building envelope as described on the plan being maintained. Mr. Hommeyer asked about the status of upgrading Oak Street because of the addition of a fourth residence to be served by this private road. 10 MINUTES OP THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 91248 WILLIAMS CONTINUED Mabusth stated it is the City's position that the road will not be required to be improved unless all four property owners request the improvement. Motion, Ayes 3, Nays 1. Bellows voted nay because she does not believe in approving substandard lot sizes and in this case because of the unresolved difficult road situation. Motion carried. 81249 DANIEL M. CRO NEW 2780 SRADTMGOD ROAD VARIANCE PUBLIC SEARING This application wan formally withdrawn. 91250 DANA M. WELLS 1397 00000 LANE VARIANCE PUBLIC NZARING 7909-7311 The Affidavit of Publication and Certificate of Mailing were noted. Applicant arrived later in the meeting. Mabusth explained the request for a side setback variance to construct a garage addition which will not encroach any closer than the existing house. There is no increase in hardcover because the garage addition will be constructed over existing gravel drive. She noted that the proposed structure will have no negative impact the most affected adjacent property. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Brown, to recommend approval per staff recommendation. Nction, Ayes 6, Hays 0. 11 MINUTES OF TEE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 11253 B. JOHN LINDAHL JR. 1406 BOHNS POINT ROAD VARIANCE PUBLIC HEARING 9:01-9:06 The Affidavit of Publication and Certificate of Mailing were noted. B. John L* J,il Jr. was present for this setter. Mab•isth explained the proposal to remove an existing accessory shed and detached garage and replace them with a single detached garage with an attic area providing much needed storage. Staff recommends approval of the proposal finding many valid hardships present. There were no comments from the oublic regarding this matter and the public hearing was closed. Mr. Lindahl commented on the following two staff recommendations, 1. Regarding deeding the travelled portion of Bohns Point Road that intersects the subject property to the City of Orono, they would be willing to grant an easement to the City if they want it. Mabusth stated that an easement would be acceptable to the City. 2. Regarding no plumbing being allowed, he in requesting to allow the structure to be plumbed for cold water for the kennel and potting area use. Mabusth stated that staff finds no problem subject to the resolution clearly stating that the accessory structure can never be used as a second residence. it was mcved by Bellows, seconded by Kelley, to recommend approve er taff recommendation with the exception of amend the following points: 1. Granting a,. easement of the travelled portion of Bohns Point Road that intersects the subject property to the City of Orono. 4. The structure shall be allowed to be plumbed for cold water and no residential unit use to be allowed. Motion, Ayes 4, Nays 0. 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 #1254 TRINITY LUTHERAN CHURCH 2060 SIXTH AVENUE NORTH CONDITIONAL USE PRNMIT/VARIANCBS PUBLIC HEARING 9:07-9:31 The Affidavit of Publication and Certificate of Mailing were noted. Present for this matter were: John Lundquist, immediate past President of the Congregation, and Craig Moleski of Trinity Lutheran Church, and Dick Brownlee, architect for this project. Jacobs explained the proposed commercial site plan and request for conditional use permit for the existing non- conforming use and setback variance for the proposed parking lot expansion. Regarding the rc ,airement of installing sprinkler system in the church, Jacobs stated that a variance cannot be granted to this requirement because it is a State Building Code requirment which the City t.as adopted. Mr. Lundquist stated that it i• s his understanding that a variance could be granted to the SBC requirement. He felt it would be unrealistic and unfair to impose this requirement because of the lack of public water to this site. He noted that the new design will have an enhanced pede. :*rian travel flow within the building so that the ability to get in and out in case of an emergency will be better than currently exists. Chairman Kelley stated that the Planning Commiss. . could not decide on this issue, it would have to Le addressed by the City's legal staff and Council. Bellows noted that no future day care use would be allowed without installing a sprinkler system. Bellows noted the issue of th,•. existing septic system that has not been documented but is expected to be found as substandard in size and design for the proposed addition. She did not feel this plan could be approved without these facts. Mr. Lundquist noted the use of the church would not necessarily increase with this addition. Gaffron stated the septic system was a concern and staff will require soil testing and system design be submitted and approved by the City prior to issuance of any permit for the building additions. 11 MINUTE.4 OF THE PIANNINC- COIOIISSION MERTING RELD MARCH 21, 1988 11254 TRINITY LUTHERAN HURCH CONTINUED Paul Phillips, 2140 Sixth Ave. N., asked about the impact of the parking lot lighting toward his property of the Woodland property. Craig Moleski stated that the lighting will not change from what currently exists. There were no other comments from the public and the public hearing was closed. Because of the weather conditions, Gaffron stated that it may be difficult to do soil testing at this time. Dick Brownlee proposed that their enginee* furnish a letter to the City which states that the site has adequate area and the design of the system will be adequate when the percolation tests can be done. Staff recommended that applicant submit as much information regarding the septic system as possible prior to the first Cauncil meeting in April. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval of the Commercial Site Plan Review, conditional use oermit, and variance per staff's recommended conditions and findings, subject to resolve of the septic system issue prior to review by the Council. Motion, Ayes 4, Nays 0. 11258 JOHN a KA1HY EHLERT 1785 CONCORDIA STREET VARIANCR/CONDITIONAL USE PERMIT PUBLIC HEARING 9:38-9:59 The Affidavit of Publication and Certificate of Mailing were noted. Jack Anderson and Nick Ruehl of BOB Architecture Corp. were present representing the applicants. Jacobs explained the request to construct a 2-story living area addition and an addition of garage space. To construct these additions the following variances are requested: 1. Lakeshore setback - required 75'. proposed 71'. 2. Side setback - required W - proposed 3.5'. 3. 0-75' Hardcover - allowed 0- - existing 533.4 s.f. - proposed 576.4 s.f. 4. Average lakeshore setback 14 MINUTES OF TEE PLANNING COMMISSION IUMTING REM NARfM 21, 1988 91256 EBLERT CONTINUED A conditional use permit is also required for land alteration within the 75' lakeshore yard, and excavation and construction within the 931.5 elevation. Dave Oskey, 1761 Concordia St. stated he was not in favor of granting the variances oecause it would reduce the visibility of the park. He does not :eel there is a hardship to support granting the variance and 10' setback should be maintained for the garage. Jack Anderson stated that the location of the garage was basically for aesthetic reasons and could be moved. Chairman Kelley did not have a proble" with the hardcover but felt the neighbors request for maintain the 10' setback should be adhered to. Johnson, Bellows, and Brown concurred with Kelley. John Waldron, 1951 Concordia St., stated he did not feel .4• hardcover increase was significant is it was not significant in his previous application. There were no other comments from the public at the public hearing was closed. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval of the conditional use permit (per grading plans submitted), hardcover and lakesh•,re setback variances; and recommend denial of the side setback variance. Motion, Aye^ 4, Mays 0. 81252 CERI8 RAOBO RAVARNO PLAT - PRD CONDITIONAL 083 PERMIT TO AHMED ORIGINIMAL PRO sEPICR PLAN This applic.^ n was tabled be, the applicant was not present. ADDITIONAL Rams" 11213 ROLLIE LACY 2655 NOMTO sow, nalva A16I10111MNT OF Os V. HARDCOVER APPROVAL abusth explained the request for special conaideralron keep the 14'x 16' shed scheduled for removal in exchange or not installing structural d.cking within the 75-250' setback area. This request wii.l result in an overall reduction of .41 propcood hardcover. Planning Commission had no objections to this request. is MINUTES OF THE PLANNING COMMISSION MENTINO MUD MROM 21, 1968 APPROVAL OF MINUTES It was moved by Brou seconded by Kelley, to approve the Minutes of the P+u,.alry 16, 1988 Planning Commission meeting as submitted Motion, Ayes 4, Kays 0. PLANNING CON. 'SSION REPRESENTATIVE Brown was appointed to attend the Maruh 28, 1986 Council meeting. Johnson was appointed to attend the April 11, 1988 Council meeting. ADJO"RMMENT 10:09 P.M. The Planning Commission meeting adjourned at 10:09 P.M. MEETING MINUTES Ill a� ORONO INTERCEPTOR SEWER IMPROVEMENTS PRO f1CT MR 3 0 % WEDNESDAY, MARCH 2, 1988 J �� LORD PLETCHER'S OF THE LAKE JoEllen Murr welcomed attendees. Diane Wenner, community organiser, gave an overview of the Metropolitan Waste Control Commission (MWCC). Presentations Kimberly Eckhardt, project manager, gave in overview of the Orono Interceptor Sews-: Improvements Project. The project involves replacing components of a current system and building a parallel sanitary sewer to provi— additional sewer capacity. The Orono Interceptor Sewer consists of lift stations and sanitary sewers serving a 1600 acre urban area. Michael vnch, consulting engineer for Bonestroo Rosene Anderlik aM Asoc stes, explained that the project hi.- been in the design phase for t„e past one-rnd-one-half year&. Construction is expected tc begin this August, at the earliest. Phase I construction will primarily involve County Road Sly phase :c will involve County Road 19. Phase I construction meet be completed before -:hose II construction i& begun. Mr. Lynch reviewed the tject route. He emphasized that there are two sections on the re •here the sewer will be built in the middle of tl,, -oad. These are --ounty Road 51. between S,,hns Point Road and Tonkawa Road: and County Road 19 and 1, between County Roa: 51 a,:d Fogerness Point R„wd. While ernh of these areas is under construction, the road will be entirely closed. At other points, roods will be passable. Road workers wi'l flag the areas luring daytime hours. In the area east of Tonkawa Road, the .pe be laid on pill-, and dewatering of the area will be necess.. y di I construction. puertione and Commenter St•einesm owners expressed conce`•, that County Road 51 be open when bwta are being transported to .,G from the marinas. T!•ey reguee i that construction activities eaheduled for summer en,' fall 198P be sche,iulsd in s -h a way that .he road wonid be fully ,.aasaole by Oct•yber 15. Mt. Lynch respondad that the road shc-:11. be pessabl, by that date, although the asphalt surface may not yet r.& r"toned at that. time. The group als„ iucuess! the possibility of reing a purtion of Gaya. Matlna for access. An easement would need to be negot'nt-d for this purpose. It was clarified •t,at at pnin whorl the road woul• be totally closed, nearby tents may ni_ he aLle to have •sea to their homes for a period .! ral weeks. OR.ONO INTER^_EPTOR SEWER IMPROVEMENTS PROJECT MARCH 2, 198B MEETING MINUTES PAGE 2 Ms. Wanner explained that MWCC has an extensive resident mailing list, and will be sending quarterly project bulletins, as well as construc- tion notices. During evenings and weekends, Hennepin County requires that trenches be backfilled, and that avirkers and warning lights be provided in areas of construction. Follow-up Items: 1) MWCC will coordinate buss,-,,-ss detour signay the project. A list of affected businesses wail be included in minutes (see attached). 2) If construction begins in 19y8, t!,o close: area of County Road 19 mast_ be reopened by October 15. At a 7nimum, the road will havr a gravel base by this dace. 3) MWCC will pursue an easement with Gayle's Marina. The meeting was adjourned at approxim.-itely 9:30 a.m. --m� -iut es by 1 i ane Wanner, Community Organiser NOTEt Following the meeting, MWCC representatives discusse:l the need for an access drive for residents and/or businesses directly affected by road closures. It was decided that rather than pursuing an ease- ment with Gayle's Marina, a single -lane gravel access road should be provided within the right-cf-way so that affected property owne_s could maintain access. This option will 1;e investigated over the npx~. -4.-)nth. Bob Isakson Jerry Goodwin Vera Larsen Don Edwards Alam Hell Larry Hock Mark Bernhardson John Oerhardson JoE.len Harr Mike Lynch Kimberly Eckhardt Diane Wanner OFa0N0 INTERC EFMR SWER PROJWr WF.[XJESDAY, MARCH 2, 1988 LORD FLE'IC'HER' S OF VE LAKE I OU-1R � MWOC Maxwell Bay Marine Maxwell Bay Marine North Shore Drive Marina Lard Fletchers North Shore Drive Marina City Administrator/Orono Public Works Director/Orono Bonestroo MWCC MWOC AMRESS PHONE t 222-8423 3324 N. Shore Drive 471-6581 600 S. County Pd.18 542-1189 3222 N. Shore Drive 471-8363 3746 Sunset Drive 3222 N. Shore Drive 471-2628 Sox 66, Crystal Bay 471-7357 Box 66, Crystal Hay 222-"23 636-4600 222-8423 222-5164 METROPOLITAn WAITE COnT ROl commiif1On AGENDA ORONO INTERCEPTOR SENLR PROJECT WEDNESDAY, MARCH 2, 8:00 A.M. LORD FLETCHER'S OF THE LAKE I. welcome Commissio,,er JoEllen Hurr, MWCC II. Agenda review Diane Wanner, Comm-inity Organizer, MWCC II1. Description end purpose of project Kimberly Eckhardt, Project Mara--ier, MWCC IV. Project sciielule Michael C. Lynch, Project Consiltant, Booriestroo Rr>Fe-ne Anderlik and Associates V. niseussi�-.n of access needs Record* NAMF. ADD ADDTEXT ] Navarre Congregation Jehovah Witnesses 3655 Togo Road 8 Tonka Timeshare 1350 Vine Place 289 Hennepin County Park Reserve District 2865 North Shore Drive 317 North Shore Drive Marina 3222 North Shore Drive 327 Chaska Marina Royale 3324 North Shore Drive 333 Gayles Marina Corporation 3366 North Shore Drive 366 Builders Servi�-7e 3683 North Shore Drive 531 Grace Baptist Church 2380 Shadywood Road 532 Century 21 2385 Shadywood Road 584 A R Soderman - Atty 1000 'lildhurat Trail 617 Lakeview Golf 409 North Are Drive 687 Westonka Electric 1461 North Arm Drive 706 Nor -ling Landscape 6 Grading 3800 Dickson Avenue 707 Seven - Eleven 3701 Sunset Drive 708 Lord Fletcher's of the Lake 3746 Sunset Drive 723 Crystal Bay Service (M Mehner/J Dukes) 3398 North Shore Drive Way, ta PUBLIC SCHOOLS Independent School District 284 Community Education Services 210 State Hwy. 101 North, P.O. Box 660, Wayzata, MN 55391.9990 (612) 476-3200 March 14, 1988 Honorable James Grabek City of Orono 1335 Brown Road So. Long Lake, MN 55356 Dear Mayor Grabek, I wish to express my gratitude to you and the Orono City Council for your continuing support of Community Education in the Wayzata School District. Since Leesee Meyer, your appointed representative on the Advisory Council resigned, we have to representation from the City of Orono. By chance Walter Gerber, an architect whose business is located in Wayzata moved out of the Wayzata School District into the Orono School District. Walt has indicated that he would like to fill the opening left by Leesee. Walt's appointment would'be for a three year term beginning on July 1, 1988 and continue through June 30th, 1991. In order to properly inservice all new members on the council, I would appreciate your action in appointing Walt at your May meeting. This would enable us to invite the new c_ty appointees to our June 8th, 1988 general Advisory Council meeting. Your prompt action in this matter is greatly appreciated. Waiting your decision I am, Sincerely, Ji.m Brandl i J P:/ j 1 1-17 , T Whenever s,nmeone talks about the "Food olc days" for schools I think of Billy. Billy was a lassmate 31 mine in grade school. Billy vas different from the other studentrs. He was retarded. Billy did poorly in school, acted out his frustrations. Aind generally was isolated within the classroom. His day consisted of a series of reprimands from teacher, and taunting remarks from fellow students. What was unusual about this situation is that Billy was in school at all. Generally speaking students with learning disabilities went undfagncsed and un- assisted. In -,,any cases students with severe prob- lems were kept at home or Isolated in Some iacility. Today the guiding principle is simply that ta:h child has • : right to an education within the least estric- tfve environment. For some students this means at- tend'1g regular classes while receiving assistance from a special education tescher. For others. with more severe disabilities, it may mean special classes or full attendance at special learning centers. Over the past twenty years considerable Attention has focused on students with special needs. And those needs vary greatly from severe retardation to hearing impairment, frcm mild retardation to an emotiot,al be- havior disorder, from speech difficulty to learning disabilities. The latter category, learning disabilities, comp Is* the largest group of special needs students served by the Orono Schools and most other school districts. In the "good ole days" students with learning dis- abilities were often labeled as "slow learners" or stupid. Frustrated by the ordinary classroom, these students frequently drvpped out of school. continued next column ORONO SCHOOL HOARD David McKotvn, Chairman 479-1692 Don Anderson, Vice Chairman 479-IAI0 "cie Taylor, Treaw er 473-1189 Kitty Croshy, Clerk 478-6037 Jim Franklin, Director 479-2130 John Maresh, Director 475-3197 'he tragedy A the Last way king tc a lack of know ledµe about learning disabilities. Students who have suet. disabilities are not stupid. !n f c a learn- ing disability is li-st determined by L discrepancy between the student's ability and his or her Achieve- ment. For example, a very bright boy or girl may suffer from a disability which impairs learning. The potential for learning exists, but the disability interferes. Special educators work with such students to help them compensate for the disability so they can reach their learning potential. Aa the expression goes "a mind is a terrible thing to wa:;te" and the efforts of spe- cial education teachers are detected at saving student potential and letting it be. realized. For more information about special education services, please contact Karen Orcutt. Director of Special Edu- cation, at :,13-7313. Ext. 214. Getting back to Billy. 1 lest track of him after grade school. He attended a junior high school where things were even rougher for him. -in repeated dares from unenlightened adolescents, he cut off a finger a* a paper cutter. Could some student somewhere have a similar fate to- day' The possibility exists, but the Orono Schools and all of the area school systems 1 am aware of are working hard to service student needs and ;wild self- concept. 1 have n: nostalgia for this aspect of the "good ole devs." Dr. Thomas B. Mieh Superintendent Gl' AT A GLANCE CLI'STF.R SCIENCE TEACHING Ev ominILYesr Datea: SAT May 1, 1488 SAT .tune 4, 1988 Regis. Deadline April 29. 1988 ACT April 16, 1988 ACT June It. 1988 Pigis. Deadline Mav 13, 199H Advanced Placement F.xamirationa Seniors should note the availability of AP tests at Orono High School. These tests are normally taken by students who are completing an Advanced Placement Course, but any student who feels he/she has sufficient background could take one of thee* tests. AP courses are college level in nature. These end of the year examinations are used I,r placement and/or credit dur- ing the freshman year in college. Tests will be given over a two week period starting May 9 and ending May 20. Teats are normally available in the subject areas of English, Spanish, German, and Calculus. Coat of each exam is $53. See Mr. Wasbutten in the Guidance Office for details. PARENT MEET AND CONFER wKAT: Parent Moot and Confer consists of parent rep- resentatives from all buildirl;r., two Board mem- ber• seal the Superintendent. We review parental concerns and ideas, investigate the background of the concerns and help find solutions. The suggestions are made to the Board or appropriate place. WHY: The group was formed to give parents a place to go with their Ideas and concerns when other methods either do not work or were inappropriate 'The next meet ng is scheduled for April 18, at 7:00 p.m In the District Office. Individuals who have ideas or concerns regarding the school district are invited to attend this meeting of contact a committee member. Parent Meet and Confer Committee: Julie LaC,lare 475-1012 Carol Roland 479-2144 Carolyn Smith 475-1003 Toni Bergland 479-2161 Judy Willoughby 475-2856 Karen Miller 475-1741 Dean Mooney 479-2929 Cathy Harju 473-9351 Sue Lmrton 476-0912 tkrn Anderson. Diane and Board Repre- Kenton Carlson 471-9507 sentative 479-1810 Lucre Taylor, ` 1 &lard Repre- Fentative 471-1189 PUP LO*CtRT "AN ONOW IKlllt COKPAMION" is the thecae of this year's Pup Concert. rkomg Neer, this year's chairman, promisee something for everyone: dance lines, polka hands, a slid* shw, , Dixieland, skits and much more. Tickets are reserved aed will be c-n sale In the high school Attica or at the door at $2.00 a person. Refreshments will be on salo by the hand patents, headed by (:�rdon sad Terri Nuhrer. In the spring of 1.987 the school district earned i com- petitive grant for a demonstration and exemplary program entitled "Training Teachers of Science for Cluster Teach- ing of Gifted Students." The grant is provided to the Intermediate and middle schools. The training facili- tatur 1s Karen Roger-. Minnesota's (perhaps the nation's) foremost curriculum developer of gifted programs. The grant has provided training, as well as time, to develop and write special curricula. Orono now stands at the forefront of cluster teaching for gifted/talented science students. Vern Linn, middle sch,-ol teacher, and a parr'cipent in this program, has and will be making preatntations to various interested groups regarding this program, as follows: To the Minnesota Science Teachers Association elemen- tary teachers workshop on February 6. To the Minnesota Council for the Gifted and Talented on April 9. _ 'to the Minnesota Science Teachers Association annual spring conference on April 22-24. Warren Nelson . idle School Principal HOST HOMFS yEEDED FOR AMITY AIDE The high school Spanish department is looking for spun- soring homes for the Amity: Aide for the 1988-89 school Year. This is a Department of State approved program designed to introduce young adults from .)that cuuntties cages 21-28) to United States culture and education in a supervised teaching experience. While improving their k.ngllsh and teaching methods the Amity scholar teaches the advanced placement group and leads conversation groups of Spanish III and IC. In the sponsoring home they are xpected to fulfill the role of a young adult member f the family. For rurther Information please call the high school office. Barbara Jacoby High School Spanish Teacher BAND PLAYS AT KANSAS CI The high school hands leave for Kansas City, Mlssnurt for the spring trip on April 29. They will visit Worlds of run and participate in band competition with bands from Minnesota to Texas, returning horn May 1. 0 DKAMA DEPARTMENT PRFSE:.TS „QUIP.T SUMMER" APRIL 7.9,9 UNGRADED ALTERNATIVE The Orono Drama Department will present the family comedy, "Quiet Summer" on April 7, 8, and 9 at 1:30 p.m. in the high school audlto.ium. Tickets may he reserved by calligg the high school office at 473-5472. They must be picked up by 3:00 p.m. prior to the eve- ning performance. ttemainli.g tickets will be on sale at the door each evening. Senior citizens and district pass holders may pick up free tickets to the opening night performance on April 7. That is Elie only night that passes will be honored. Tickets are $2.00 a seat. Unr-arried attorney James Clark (Mark Tomlinson) has it quiet summer planned. His plans are disrupted when his sirtar Lillian (Julie Knudsen) and her husband Clifford (Andy Mechavich) drop their teen -aged children Sonny and Pamela off on the way to a trip to Mexico. Sonny (Chip Brown) and Pamela (Jodi Ruhrer) bring toys, girls, dogs, and ni,isa into the Cla k household. James' sec- retary and girlfriend Helen (Kristin Richard) and his housekeeper-.arrie (Heidi Dwinnell) try to deal with the household matters and James' impatience with Sonny and Pamela. This very tunny comedy is a.tudent-directed by Anita King and Robb Grandt. Come and prepare to be entertained. RECYCLING EDUCATION �- y`g� .Ian Jacobsou. 'ierri R I,, Lambert, and West •.4MERiCA ff- �� Hennepin Recycling 4^ Commission just cam- plated wore on a Met- r •—� tropolitan Council Grant. r. ►�S•. Grades 4 and 6 now ha:•e a recycling unit thanks to Ms. Jacobson and Ms. Lambert. Their classes not only will study recycling but also eo various projects to to - enforce their classroom studies. Our e'.ncere appreciation goes to theme fine tea••hers for their lnitiative and ell.rt (srulvn salth MONEY MANAGEt(ENT FOR LIES Money Management for Fammes closets are Tuesdays, April 5 and 12, 7:00 - StYl p.m. at the Maple Plain Llbr.iry. Subjects include: spending/savings plans, record -keeping, values and money, setting goalr, credit use and debt reduction. Financial management consult- ants teaching the c 4sams are trained by the Kxtersion Service, University of Minnesota. Classes are free For a flyer and to register, call Minnesota tacansion Service - Hennepin Count' at 542-1422. L.$: Al! PQ JAE �JJSL. ELt_I'O PFRyORN "TU PACRSRTTRRS." a .)pas ensemble from the U.S. Air Feree. will perfurm in the high schual auAitorlue on Thursday. April 14 at 9:30 a.m The student bo.iv and the pubic are Invll-d to attend this esrl)in4 concert. On Thursday evening, April 7, parents of present kin- dergarten students plus any other interested parents, are invited to attend :. neeting in the Ungraded area at Schumann %lementa:y School. This will be an Infor- mational meeting to acquaint you with this alternative program. i% sign-up sheet will come home with students on Wed- nesday. April 6, and any parents intereste. in their child being a part of the Ungraded area for grades 1-3 should return the fors to the Schumann Elementary office by Friday. April 15. The meeting will begin at 7:00 p.m.. We invite you to join us. Marvel Bongart, Principal Schumann Elementary School EVERY CHILD A WINNER The Schumann Eietnkatary Physical Education department will present "Every Child a Winner" on Iuesday, Aril 5, at 7:00 p.m. in the high school gymnasium. All children in grades 1-3 will take part. Each class- room will present a small part of our physical education program. There will be warm up activities, ,tames, rhyth- mic and ball activitie9. In addition, hoop, parachute, and scooter activities, plus others, will be presented. Plan on coming t, see and enjoy an evening of fun ac- tiolties. We want to show you what the students do throughout the year in physical education. Bev Ebbecke, Diane Dingma❑ Physical Education Teachers Schumann Elementary School HIGH SCHOOL ii:)ME EC STUDENTS TO CONDUCT PLAY SCHOV! The senl9t high school Home Economics students will con- duct a play school as part of their study in child de- velopment. The echo- will be held Wednesday and Thurs- day mornings from 9:OU to 10:15 and or Friday morning frost 9:40 to 11:00. Play school will start May 11 and end May 27. We need six girls and six boys who: 1. Are at least ; years old, but net old enough to attend kindergarten in the fall of 1988. 2. Have transportation to school and back home. J. Have not attended our school. before. Please send a note containing the child's name, age, hirthdate, sex, telephone number and address to Mrs. Carol Holzinger, Orono High School, 7,5 9141 Crustal Bay Road, IA+ng Lake, 110 55356. We will dray. names April 21 and send a latter to each Applicant. Carol Holzinger Wt!f`(1 tCA TRAVY.L SOCCER RRCISTRATIOM-GIRLS 1,`XDER 10 _ _..._.,.-,._.___._.- Birth Year i�f9 Any R or 9 year eld girl lnterested in plarlrg travel sister fir Waal onks Soccer Club - we nest you! Rsgl►trstior 1.,F" cso be poked up at the office of Aahuasenn Flemsatary School or twll L►as Scott at 4;2- 4640 for more information. Rosistrat►ett leadltae is April 1, loop. C•+me Flow soccer with me! Af SCHOOL BOARD ELECTION - May 17 Filing aten: April 2 First day to apply for absentee ballot April 4 First day to file for office April 19 Last day to file for office May 16 Last day to apply for absentee ballot May 17 Annual School Board ELECTION DAY Polling Places: *Map]* Plain City Hall 7 AN - 8 PM *Music Room Schusenn Elementary School 7 AM - 8 PM Orono City Hall 7 AM - 8 PH •Designated as easiest :+1c ss for the handicapl - Candidate Qualifications: 1) 21 or more years of age at beginning of the term cf office 2) a citizen of the United States 3) a resident of the sciwol district for 30 days previous to the election Absentee Voting Any person who is otherwise eligible to vote in the school board election say vote by absentee ballot for the follow)- -*&sons: 1) a physical disability that prevents h.,iher going to the polls or voting in the vutinit h �tF, at the polls; 2) his/her religious discipline make, himiher unable to appear at the polling place at the time the election is held; or, 3) he/she expects to he ahsent from the dia- trlct at the time of election. How to Apply for An application for an absentee an Absentee ballot baliot must be made no more than 45 days nor less than one (1) day before the election. The application for the absentee ballot must be wade either in person or by mail to the Clerk of Independent School District •278, District Office, 685 Old Crystal Bay Road, Long Lake, 'IN 55356, phone 473-7313. Y6en the application has bec signed ,nd received by the Clerk of the school district, the Clark will remit the ballot to the qualified applicant by mail or the applicant may personally pick up the ballot in the District Office. T'/e marked absentee ball,[ must be received via the U.S. mail or hand de- livrr»d before the polls close the day of the election Voter Eligibility as eligible voter for chool dis- trict election •hall be a person who at the time of the election: 1) is 18 or sou years of age; 2) is a citisem of the United States; 3) is a resident of the school district; and, s) has resided in Minnesota for 10 days. Lxrerpts from Minnesota Subd. 27. (a) It shall he st_atu_t_e$ 123.32 _ wnlawful for any person within 100 fast of the building in which any pulling place is situated nn the day of elec- tion to ask, solicit, or to any manner try to induce or petsuade any voter on such election day to vote for or refrain from voting for any csndiOnts or seasiire suh- sitted to the peopl- (b) No person shall buy, sell, give or provide any political badges, buttons, or other insignia to be worn at or about the polls on the day of election and no such political badge, button, or other insignia shall be worn at or about the polls on election day. (c) No political signs or advertising designed to influence a voter on a question or candidate shall be displayed within 100 feet of the building in which the polling place is located on the day of election. Excerpt from Minnesota "Any person ur committee who Statute 210A.03 shall publish. Issue, poet or circulate, or cause tc he pub- lished, issued, posted, or circulated, otherwise than !n a newspaper, as provided in stcttor. 210A.05, sub- d!-:!sion 1, any literature, campaign materials or any publication. including but not limited to cards, pas- phlets, flyers, signs, banners, leaflets. tending to influence at any primary or election whi._h fails to hear on the face thereof the nose and address of the author, the name of the candidate in whose behalf the sane is published, issued, posted, or circulated, and the name and c►ddress of any ,.,tiler perncin or committee causing the same to be published, issued, posted, or circulated, shall be guilty of a sled c..-tnor; provided nothing{ herein ce,ntained shall be const^,..d as modi- fying or repealing an,- if the provislam of section 210A.04." ADMINISTRATION OF MEDICATION TO STi'hFNTS IN SCHOOL Miscellaneous Article Sec. 34 of the Omnibus Bill: As of August .987 there was a new bill passed by the legis- " cure in regard to administering medication in school. low bill re.adq: "Admint"tratiun of medication by school personnel must be done according to the written order licensed physician and written authorization of the parent. It also reads: "Medication to be administered must be brought to school in a container appropriately labeled by the pharmacy or physician." This stuns that in order Ec have your child receive medication during school hours, we will need to have a WRITTEN order by a licensed physician„ and WRITTEN permission from the parent giving us authorization to give the child medicacf•n. The medication to be administered must be brought to school in a container appropriately labeled by -the pharmacy cr physician. The bottle that you receive from the pharmacy that the medication is in meets this rultag. This law does not apply to over the counter medication, aspirin or tylenol. if you need to send this type of medication to school with your child, properly identify it, and tell us when the child should have it and the reason why he/she needs to take it. The form below is what you may use if Your child needs to take medication while in school. Have the physician fill out the upper part of the form and the parent should fill in the lower part of the form. If you choice not to use this form the ame information needs to be written by the doctor and the parent on a form of your choice. Any questions please call .foAnn Ree, Orono School Nurse, 473-5412. Ext. 227. Independent School District No. 278 Long Lake, Minnesota Al'THURILATIUN FOR GIVING MEDICATION IN SCHOOLS Name. of Student Birthdate Addr+ss Telephone Number Parent or Guardian's Name School R"ors hn. Diagnosis of child's illness: Type. dosage, purpose of drug' TO BE FILLED IN BY PHYSICIAN Physician's Signature_ — Telephone Number 1. 1 request sedi(:at;on be Riven at school as prescribed by a physician. 2. 1 release the school persmmei from liability in the event any reaction results from 'he medtcatten. Signature of parent er guardian now. rc,ts: T cation to,b+ supp�ted 1n �rloinsI prescriptten bettle. Ask fur the medlratiun to be divided in two ►ettles cospl+te tv labelisg-- acme for hems, one ff•r school. CalendarActivity l,lstrict Act ivltie_x 01 NO SCHtXII. - Teachers Workshop 7,g,9 Spring 1'lav - H.S. Auditorium.. ..... 7:10 p.m. ll Board Meeting - M.S. Vocal .sac Room ...........................7:00 p.m. :5 Newsletter Deadline D.O. 21.'1 Pop Concert - H.S. Auditorium ........ 7.30 p.m. Buard Meeting - M.S. Vocal Music Room ........... ............... 7:GO p.m. Elementary Activities 4/5 Elementary P.E. Demonstration "Every Child a Winner" at the H.S. - all student% grades 1-3 and ungraded ...... 7:0i1 p.m. 7 Meeting re Ungraded at Schumann Elementary In Ungraded area ........... 7:00 p.m. B (,rade 3 Mini -Labs 12 April Birthday Party Elementary PTA Board Meeting at Schumann Elementary................7:15 p.m. 14 PTA Family Fun Night nt Cheep- akate....... ..................... 6:OU-8:00 p.m. 26 June Birthday Party Intermediate/Middle School Activities 4 �IS PAC Meeting..... ._—... ........7:15 p.m. 4-8 IS Grade 4 to Camp Isabella 14 Talent Show 26 MS PAC Meeting for all parents of st:,dents grades, 5-8. H S. Auditorlum..7:00 p.m. IS Reward Day Ht_&h School Actiyittoo 4/7 Spring Play (I,h ♦ 9)...... ......... 7:JO p.a. 6 Softball at Delano....................4:00 p.m. 11 Softball at Hutchinson................4:00 P.M. Baseball at De LaSalle ................ 4:00 p.m. 12 Bova 6 girls track at Hutchinson ...... 4:00 p.m. Suburban -West Band Festival - H....... 8:00 a.m. 13 Baseball - Waconia - N........ ........:UO P.M. Sett'Jall at Waconla...................4:00 p.m. 14 Air Force Band - Auditorium - B Mud 15 Baseball at Muuad.....................4:00 P.M. Softball - Mound - H..................4:1H1 p.m. 16 Band 6AA Solo 6 Fnseahle at Jefferson 18 Baseball - Giencre - H................4:00 p.m. Solt ball at Glencoe ................... 4:00 p.m. ;U Boys Tennis - Buffalo - H.............4:00 p.m. Boys 6 girls track at Chaska .......... 4:430 p.m. Suburban -West Band at Mound ........... 8:00 A.M. 10 Baseball at Shakopee..................4:00 p.m. Softball - Shakopee - H...............4:00 p.m. 21 Bova Tennis at Mound..................4:00 p.m. Pop Concert (21 4 22)..... ..........7:10 p.m. 23 Choir Solos 6 Ensembles at Armstrong 25 Baseball - Buffalo - H..... ........... 4:00 p.e. Softball at buffalo ................... 4:00 p.m. Girls golf - H........................ 3:15 P.M. Boys golf at Nuund.................... 3:1i p.m. 26 Tormts - Chaska - N...................4:00 p.m. Boca 6 girls track - N................4100 p.m. Baseball - Chaska - H................. 4:W P.M. Softball at Chaska....................4:00 p.m. Tennis - Brock - H..... ............... 4:00 V a. Bova gulf at Nut*htnsvn...............1:15 P.m. 24 Tennis - Nutehinson - N...............4:00 P.M. 19 Band Trip to Kansas titr (79-5l1)....10:00 p.m. W softholl or Wotertovn i V � Hoard Action Review Regular Meetlnl_- February 8, 1488 * Approved the continuation of Zoe Palmer's volun- tary reductlun of wink time to .5 (501I) for the school term 1988-89. * Approved the request of Roberta Saunders for a five ye:+r leave of abs-,rice, her return from leave to commence with the 1993-94 school year. * Approved the appointment of Judy Wyatt as short - hour cc:k at Orono High School effective January 18, 198S. * Directed administration to secure and employ a real estate appraiser for the purpose of determining rpecific property values. * Approved the school district policy on AIDS. * Approved the curriculum on AIDS. * Declared the buildings of Orono Schools to be "smoke -tree" effective !larch 28. 1988. Regular Keating - February �'2, 1988 * Approved the spring Community Education classes. * Approved Donald R. Mann's request for a five year leave of absence to commence with either the be- ginning of the 1988-89 school year or the eed of the third quarter, April 8, 1988 ;at his discretion * Directed administration to make a payment up to 11100.00 available to faculty or staff members who Purchase and complete a smoking ctsmatto., prn•gram or process through the 1998-89 school year. A SPECIAL THANK YOU! The SADD Chapter wants to thank the basketball and wrestling, fans fur their support at the concession stand this past winter. We vujoyed serving you! The profits will be used to finance our activities. Lva Mar Hibbs, President Mar � garet Larsen. Advirur C�6C�bC� I NEWSLETTER AGOW111. eA T,0" Ora +C r w OLD C*rsTae GAY 00" MpaTN LONG LA*t. ab#Vft95 'A eslse .,• w. a 1987 ANNUAL REPORT PUBLIC WATER ACCESS ON TWIN CITIES METROPOLITAN AREA SAKES At;^ RIVERS Prepared by the Metropolitan Water Access Committee Member Agencies: Minnesota Department of Natural Resources Minnesota Department of Trade and Economic Develop?rtnt Metropolitan Council Aetropol,tan Council Publication No. 580-87-115 Approved January 19. 1988 CONTENTS ABOUT THIS REPORT . ............................................... SUMMARY............................................................ ACCOMPLISHMENTS.................................................... Metropolitan Water Access Committee ............................ Minnesota Department of Natural Resources ...................... Minnesota Department of T ade and Economic Development ........ Metropolitan Council ........................................... 1988 WORK P?OGRAM OF THE WATER ACCESS COMMITTEE .................... Small Lakes Access Development Program ......................... Fishing Pier Program Coordination .............................. PilotBoater Wayside Program ................................... Publication and Distribution of the Public Boat Launch Guide........................................................ Planning and Implementation Phases of the Mississippi National River and Recreation Area V 11...................... implement FY 1989 Capital Improvement Program .................. APPENDIX A: Two-year Capital Improvement Program... . --- ..... TABLES Table I - Minnesota Department of Natural Resources Water Access Capital Improvement Program........ Table 2 - Metropolitan Counc l Water Access Capital mprovement Program ............................. Page 4 4 4 6 5 8 8 9 10 10 12 ABOUT THIS REPGRT The Twin Cities Metropolitan Area contains half of Minnesota's Population. 650 'akes and 400 miles of rivers and streams --waters that belong to the public. Yet puhlic access 'o many of *hese waters has been dwindling as people buy up waterside propert Because of inadequate access, Twin Cities Area lakes many are underused. To increase public access to area waters, the legislative Committee on Minnesota Resources (LCMR) recommended in 1979, that the State Planr,ing Agency(1), Metropolitan Council and Department of Natjral Resources (ONR) adopt a Cooperative Program for Providing Public Access Sites on Metropolitan Area Lakes. The Metro Water Access Task Force, with members from the three agencies, was created to coordinate public spending for the acquisition and development of water -access sites in the Metropolitan Area. The cooperative agreement forming 'he task force was revised in 1987. The revisions included reorganization of the task force and renaming it as the Metro Water Access Committee. Administrative staff of the committee meet approximately once a month to work toward the following goals: 1) identify Metropolitan Area 'akes found to be deficient in public water access; 1) rank the lakes ;n irder of priority; j) identify the most appropriate agency to provide a water access site(s) on a given lake; 4) target state and federal resources in a cooperative and coor- dinated manner to acquire and develcp access sites on lakes and river_ 5) publicize the l(,cation )f water -access sites. especially new ones; 6) identify new issues; and 7) Comm ^icate development progress. The 1987 annual report contains two sections and an appendix. The first section outlines the e••_omplishments of the Metro Water Access Committee in 1987. The second section describes the committee's 1988 work program. An •Fiendix includes two-year capital improvement programs for the ONR and Metropolitan Council. Data in the report comes from the three agencies. lakes identified in the cooperative program are more than 100 acres in size and over 100 feet deep. Each lake is grouped accordirg to s;ze, fishing potential and water clarity. 'he oub!ic water access funct,ons of t►+e state ►lann.ng Agency are now ar+d;ad by the Outdocr Recreation Grants Section of the Oepa►taent of !,ad* •nd Economic Development. SUMMARY The Metro Water Access Committee has coordinated the expenditures of over $3.5 million to acquire, develop and improve public water access sites in the seven - county Metropolitan Area since 1979. These activities have included the acquisition of 27 new access sites, development of 30 new boat launch/parking areas and the upgrading of 27 existing sites. In 1987, fishing piers on three lakes were installed. Funds have been provided by the Legislative Committee on Minnesota Resources (LCMR), the federal Land and Water Conservation Fund (LAWCON). and state bond sales. The committee is composed of three agencies: Metropolitan Council. Minnesota Department of Natural Resources (ONR) and Minnesota Department of Trade and Economic Development (OTEO). During 1987, activities of the committee agencies. local governments and regional park agencies brought the region -wide total to 156 water -access sites for traiiered boats. Shore access for fishing was enhanced at three lakes with the installation of fishing piers. These activities are summarized as follows: Ne., tes Acquired Turtle (R) Lowe, Prior (S) Acquisit on Proc,ed nqs Continued St. Crn x ;;r) Accesses Upgraded Or Expanded Auburn (C) F i sh (S) Forest (W) Bone (W) Big Carnelian (W) Mississippi River -Hastings (0) Lake Marion (0) New Sites Developed Clear (W) Little Long (H) Cedar (S) Tanner's Lake* (R) Minnetonka (H) Mississippi River (H) Fish (0) () indicates county: A•Anoks. C-Carver, OwOokota. H-"ennepin, R-Ramsey. S•Scott. Wwashington * indicates a cooperative project between a member funding agency and a Iota! 2 Development Proceedings Initiated or Continued Big Marine (W) Coon Lake (A) Turtle (R) Minnesota River* (C) Sarah* (H) Fishing Pier Installation Marion* (D) Thole* (S) Tanner's* (W) Aeration Systems Provided Ham* (A) Centervi 1 le* (A) Coon* (A) 1387 ACCOMPLISHMENTS METRO WATER ACCESS COMMITTEE I. REORGANIZATION OF TASK FORCE TO METRO WATER ACCESS COMMITTEE The Metro Water Access Task Force was reorganized and renamed the Metro Water Access Committee. The reorganization was done to recognize that interagency coordination on water access is an ongoing program, whereas the term "task force" implies a limited, short-range work effort. The reorganization also is intended to increase the effective use of staff and policymakers' time in carrying out the program and to improve communications between staff and policy makers. The committee consists of: - A policymakers' group with committee representatives from DNR and OTED plus a representative from the Metropolitan Council. - Administrative staff consisting of one staff person from each agency involved with day-to-day issLes of water -access funding and management. - Professional advisers consisting of agency staff with expertise in recreation research, hydrology, water -access policy and other related topics who will work with administrative ;taff as necessary to advise the policymakers on interagency coordination of the program. The interagency agreement titled "A Cooperate a Program for Providing Public Access Sites on Metropolitan Area Lakes" was revised to include a description of the reorganization. 2. PUBLIC BOAT LAUNCH G,'DE Twenty-five thousand copies of the Metropolitan Area Public Boat Launch Guide, (1987 revised edition) were printed. The guide, a directory of all public water -access sites in the Twin Cities Metropolitan Area was revised in April to include all newly developed sites and all improvements to existing sites. The guides were distributed through DNR's Outdoor Recreation Information Center (ORIC), local library systems, offices of regional park implementing agencies and the Metropolitan Council. A public service announcement was distributed to most newspapers and radio stations in the area, thereby provir'ing saturation coverage to residents of the Twin Cities and surrounding areas. MINNESOTA DEPARTMENT OF NATURAL RESOURCES In 1987 the DNR, working with local units of government, acquired, developed or rehabilitated IL sites in six counties. Negotiations began or continued to acquire and develop six other sites. Fishing piers were installed at Lake Marion in Dakota County, Thole Lake in Scott County and Tanner's Lake in Ramsey County. A short description of DNR's activities by r, oject follows. T ANOKA COUNTY - Began designing access expansion and improvements to Coon Lake public access. - Provided aeration systems to Ham. Centerville and Coon Lake via Anoka County Parks Dept. CARVER COUNTY - Completed the upgrading of DNR's Lake Auburn site by installing a concrete plank ramp. - DNR has also entered into a cooperative agreement with :he City of Chaska for an access on the Minnesota River. DAKOTA COUNTY DNR installed a fishing pier on Lake Marion in cooperation with the City of Lakeville. They also completed a cooperative agreement to p-ovide concrete planks to the city for an upgrade of the city's public access:. The Mississippi River -Hastings site was upgraded by asphait:ng the parking lot. HENNEPIN COUNTY - Completed the construction of a new access site at Little a e in the City of Minnetrista. - The lawsuit that was filed by the City of Minnetrista in regafds to ONR's access site at Halsted's Bay, Lake Minnetonka, was settled in April. DNR completed construction of the Halsted's Bay access site on King's Point Rd. in July. - Entered into negotiations with the City ;f Greenfie!d to construct a public access on Lake Sarah due to the closing of an existing access that has seen used for years. RAMSEY COUNTY - Acquired a site on Turtle Lake for development of a public access. Development negotiations continLre on the property. SCOTT COUNTY - A fishing pier was installed at -hole Lake in cooperation w,th the O'3owd Lake Chain Association, Inc. - upgraaed fish Lake with the installation of a concrete plank boat leunchife ramp. - Completed construction of a second public access site at Cedar Lake. - Acqu red a site on lower Prior Lake for development of a put) c access. 5 WASHINGTON COUNTY - Completed construc'ion cf an access site on Tanner's Lake. A fishing pier was also installed at Tanner's Lake Park. Both of these were donfs on a cooperative basis with the City of Oakdale. - Rehabilitated the public access to Big Carnelian with the installation of a combination poured concrete and plank ramp. - Upgraded the Forest Lake Willow Point site with the installation of a new concrete plank ramp. - Began designing access expansion and improvement of the Scandia Township access site on Big Marine Lake. - Did some minor upgrading at the Bone Lake public access site. - Completed construction of a public access site on Clear Lake. - Negotiations are continuing for the acquisition of property for an access to the St. Croix River. Through a grant from the Legislative Commission on Minnesotr 'esources, the DNR created the Mississippi River System Management Team to proviue coordinated and cooperative direction on all issues relating to the Upper Miss ssippi River System, including the navigable portions of the Minnesota, St. Croix and Mississippi Rivers. One of their tasks will be to coordinate access projects on these rivers with all levels of government to assure compliance with the numerous local, state and federal legislative mandates that apply to the River System. DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT The Minnesota Department of Trade and Economic Development (DTED) provides feder;,l Land and Water Conservation Funds (LAWCON) and state grants to local units of government for up to 50 percent of the acquisition and/or development costs of local parks. Cities, courtier, townships, recognized Indian Tribal )overnments, special park districts or elected park and recreation boards in cities of the first class, are all eligible to apply. Each grant application site is physically inspected, reviewed and ranked based on the Statewide Comprehensive Outdoor Recreation Plan (SCORP) ano the Open Project Selection Process (OPSP), as mandated by the National Park Service. The submitted project applications which best meet the criteria of SLORP and OPSP are then programmed for the available funds. Projects which include water -oriented facilities continue to be very competitive. Projects funded by DTED in FY 87 which include boat launch development are: - Thomas Lake, City of Eagan, Dakota County - Parkers Lake, City of Plymouth, Hennepin County - Minnesota River, Winkel Park, City of Chaska, Carver County METROPOLITAN COUNCIL As a part^er in the cooperative water access program, the Metropolitan Council has worked with c,)unties, park districts and other regional park implementing n ii�lll�lll Y�111�®e9lIAN�wl1���111 ... agencies to provide water access sites in regional parks. The Council _ s acquisition and development grants to implementing agencies for lake ac .s projects. The source of the grants is state bonds approved by the legislature on a biennial basis. In 1987, the following tasks were accomplished: ANOKA COUNTY The Anoka County Park Department paved the existing parking lot at the Lake George Regional Park access as part of the first phase in rer..eveloping the park. HENNEPIN COUNTY - The Minneapolis Park and Recreation Board completed development of a boat launch, small harbor with day -use slips. and parking for 30 car -trailers on Boom Island. just south of Plymouth Av. on the east bank of the Mississippi River in Minneapolis. This project is part of a $2.6 million dev- opment grant of state bonds awarded by the Metropolitan Council for Central Mississippi Riverfront Regional Park in 1985. - The Suburban Hennepin Regional Park District (SHRPD) prepared a concept plan for a regional park on Lake Minnetonka in response to recommendationf of the Metropolitan Council's Report on Lake Minnetonka. The plan proposed acquisition of 292 acres in the city of Minnetrista with parcels on Halsted and Smithtown Bays. The Metropolitan Council approved the plan in March and the legislature authorized $6 million of state bonds to acquire/develop the park in May. The concept plan. approved by the Metropolitan Council in March, proposed boat launching facilities with 100 car -trailer spaces. The Minnetrista City Council initially opposed a park larger than 125 acres and preferred only land on Smithtown Bay be acquired. The SHRPD set up a citizen advisory committee to develop a more detailed master plan and attempt to resolve the issue of park size and location. The SHRPD Board of Commissioners will consider the advisory committee recommendations in 1988. 1 1988 WQRK PLAN Of METRO WATER ACCESS COMMITTEE SMALL LAKES ACCESS DEVELOPMENT PROGRAM Within the seven -county area there are 325 lakes ranging from 10-100 acres in size and totalling 11,979 acres which have some potential for fish management and watercraft access. A selective inventory was made of the DNR's Division of Waters Protected Waters Inventory which includes lakes and types 3, 4, and 5 wetlands, 2.5 acres and larger in size. Water areas classified as lakes and type 5 wetlands were selected from the overall inventory. Lakes included are defined as generally greater than 10 feet in depth, whereas type 5 wetlands are generally 5-10 feet deep. No type 3 or 4 wetlands are included in the following county -by -county selective inventory. County Number of Water Areas Total Acreage Anoka 26 1,111 Carver 22 959 Dakota 41 984 Hennepin 78 2.745 Ramsey 39 1,495 Scott 18 777 Washington 101 3,908 Totals 325 11,979 Small lakes are capable of providing intense fishing recreation provided from 100-600 person hours/acres of fishing. Other recreational uses are canoeing and sailing both of which can be very popular on small lakes because of their more passive nature. Development of access sites on small lakes require preparation of an intensive fish management plan by DNR's Section of Fisheries to meet statutory require- ments for establishing a public access and to be certain the lake can produce a game fish population. Small lakes to be considered for access development and intensive fish management will be selected from proposals by local communities in the seven -county area based on the fo;lowinq criteria: I. Sufficiency of public land for access. 2. Local management commitment to operation and maintenance. 3. Lake size. 4. The estimated cost of intensive fish management as prescribed and estimated 5• ri by the DNR fish management plan prepared for proposed lakes. The results of a local assessment of the need for spec 1al water regu ations. Cost shar;rg commitment by the sponsoring local PRODUCT/PROJECT DESCRIPTION: Local prop�sais w;11 be solicited July 1, 1988. to b announced by the ONR and the Metre Water Access Comm 8 surface use I FINANCIAL RESOURCES NEEDED: Accelerated fish management funds would be applied to fish barriers, aeration, chemical rehabilitation, stocking, and other fish management techniques. Sponsoring local units of government would be responsible to provide public land for accesses, as well as maintenance and operation expenses. State funds would be available for boat access development in cooperation with I-3cal units of government. ADVISORY GROUP MEMBERS: Mike Markel], chair (DNR) Cynthia Wheeler (CITED) Duane Shodeen (DNR - Fisheries) Delos Barber (ONR - Trails 6 'Waterways) RESPONSIBILITIES: Markel' - coordinate and chair meetings. Wheeler, 3atber, Shodeen, Markel] - develop implementation procedures' IIrr•e- frames and yearly grant cycle; implement and review for effectiveness. FISHING PIER PROGRAM COORDINATION PRODUCT/PROJECT DESCRIPTION: The group will develop a plan to coordinate the ONR's CORE Fishing Pier Program with OTED's grant approval and development cycle. DEADLINE: The plan should be completed, reviewed and approved by the end of 1983 and ready to mplement in 1989 for the FY 90 grant cycle. FINANCIAL RESOURCES NEEDED: Continued feweral and state funding through the CORE program, LAWCON and state bonds. ADVISORY GROUP MEMBERS: Delos Barber, Chair (DNR - Trails b Waterways) Cynthia Wheeler (OTED) Duane Shodeen (DNR - Fisheries) Mike Ma-kell (DNR - Water Access) RESPONSIBILITIES: Barb,ir - coordinate and chair meetings. Wheeler, Shodeen, Markell - develop plan, submit to appropriate deoartment officials for approval; develop time frame for Implementation and yearly cycle. Rev.ew after implementation for effectiveness. 3 F- AT BOATER WAYSIDE PROGRAM PRODUCT/PROJECT DESCRIPTION: By using state bond funds ($100,000), the ONR will acquire and develop one boater wayside on the St. Croix River. DEADLINE: It will Ue the goal of the DNR to establish at least one boater wayside on the St. Croix River in 1988. ADVISORY GROUP MEMBERS: Dele; Barber, chair (DNR - Trails b Waterways) Arne Stefferud (Metropolitan Council) Cynthia Wheeler (DTED) Steve K i rch (ONR) RESPONSIBILITIES: Barber - coordinate and chair meetings. Barber, Kirch, Stefferud, Wheeler - develop site selection criteria; review possible sites; develop timeframes, requirements of the site, implementation procedures; and analyze program success. PUBLICATION AND DISTRIBUTION Of THE PUBLIC BOAT LAUNCH GUIDE PRODUCT/PRCJECT DESCRIPTION The group will be re-evaluating the alternatives for repr^ducing the Public Boat Launch guide in 1988. In the interim, an insert to the existing guide will be used to illustrate new access sites opened since publication of the guide in April 1987. DEADLINE A decision will be made by March 1, 1988, on the format for an updated guide to be published by Jan, 1, 1989. FINANCIAL RESOURCES In -kind services will be needed through Metropolitan Council in the form of graphics work. Continued DNR funding is needed for actual production/pub- lication costs. ADVISORY GROI,P MEMBERS Martha Roger - Chair (ONR) Scott Schroeder - (DNR) Cynthia Wheeler - (DNR) Arne Stefferud - (Metropolitan Council) Clift Burns - (Metropolitan Council) Another person to be determined as needed ry ".NR .ertral Office i 'J RESPONSIBILITIES Reger - coordinate and chair meetings. Schroeder, Wheeler, Stefferud. and ONR Central Office - provide input as to content, layout and design of guide. Burns prw; de input on above issues as well as graphic design and layout. PLANNING AND IMPLEMENTATION PHASES OF THE MISSISSIPPI NATIONAL RIVER AND RECREATION AREA BILL (H.R. 2530) In 1987, Congressman Bruce Vento and Senator Dave Durenburger authored legislation that would designate the 80 mile segment of the Mississippi Rive* in the Metropolitan Area, a National River and Recreation Area. The bill, which passed the House on Sept. 29, 1987, would create a committee with repr.•sentation from local, county, regional (Metro Council), state and federal governments. This committee would be responsible for preparing an overall coordinated plan for recreational development along the Mississippi within the Metropolitan Area. The plan is mandated to utilize existing plans. The legislation provides for federal funds for assisting local governments In completing acquisition and development of recreation -related facilities in the valley. Senate action would occur in 1988. The Metro Water Access Committee will want to keep informed about development of the plan and provide appropriate input to the plan's development. The legislation would authorize federal funds (50 percent match) to assist in acquiring and developing access sites in the river corridor. IMPLEMENT FY 1989 CAPITAL IMPROVEMENT PROGRAM The DNR and Metropolitan Council will work toward implementing the FY 1989 acquisition and development programs identified in Tables 1 and 2 of Appendix A. DTEO will continue to work with local governments in the Metropolitan Area on implementing LAWCON/state bonded projects. These may include boat launches. fishing piers, and swimming beaches on priority lakes. APPENDIX A TWO-YEAR CAPITAL IMPROVEMENT PROGRAM -able 1 MINNESOTA DEPARTMENT OF NATURAL RFSOURCES WATER ACCESS CAPITAL IMPROVEMENT PROGRAM The following projects will be fund-d from the Water Recreation Account, a dedicated account from gas tax for marine use and boat license receipts depending on legislative appropriations. The projects listed indicate .funding needed. Completion of some projects is also dependent on timely acquisition and establishment of cooperative agreements with local units of government. The UNK uses t:is list of projects as a guideline for acquisition/development priorities. Unique problems/oppor�ljnities may rise to cause the ONR to change its priorities. Proposed FY 1989 Projects (1988 CaIenda.- Year) Acquire - Site 2, Wacon:a (Carver County) Acquire - Site 1, Lower Prior (Scott) Acquire - Site 2, Lower Prior (Scott) Acquire - Site 2, St. Croix River (Washington) Acquire - General Fourth Priority Lakes: Bass (Hennepin), Long (Hennepin) , Upper Twin (Hennepin) Acquire - General Small Lake (under 100 acres) Develop - Site 1, Turtle Lake (Ramsey) pending successful negotiations for a modified site design. Develop - Site 1, Coon Lake (Anoka) Develop - Site 2, Big Marine (North End) (Washington) Develop - Site I, Lake Sarah (Hennepin) ;L eIop - Site 1, Lu.,er Prior (Scott); develop parking at Upper Prior (Scott) (parking) Rehabilitate - Site 1, Big Marine (Washington) (S. end) Upgrade - Piersons (Carver) Upgrade - Miss;ssippi River/Crow (Hennepin) Upgrade - Spring (Scott) nstaII Four Fishing Piers on Como (Ramsey); Round (Eden Prairie - Hennepin); Starring (Hennepin) and another on a lake to be determined. $1,021,800 Total FY 89 Es'.imated Cost The projects listed indicate need. Completion of all projects during this time period is dependent on legislative appropriations. Proposed FY 1990 Projects t1989 C-io ndar "ear) Acquire - Site 2, Lake Minnetonka (Hennepin) Acquire - Site 2, White Sear Lake (Ramsey) Acquire - Site 1, Little Carnelian (Washington) Acquire - General fourth Priority Lakes: Miller (Carver) and vine Tree (Washington) Acquire Access Sites for Lakes (under 100 acres -n site) Dove l oo - S i to 2. Wac6ni a (Carver) Develop - Site 2. St. Croix River (Washington) 1Z Develop - Site 1, Mississippi River Upgrade - Type (Anoka) Upgrade - Parley (Carver) Install Four Fishing Piers $857,000 Total FY 90 Estimated Cost Table 2 METROPOLITAN COUNCIL WATER ACCESS CAPITAL IMPROVEMENT PROGRAM PROPOSED FY 1988-89 PROJECTS (from 1987 state bonding authorization) FY 89 PROJECT (1988 CALENDAR YEAR) $1,776,U00 A portion of the grant to Suburban Hennepin Regional Park District will be used to develop a boa; launch, road paving and parking area on Fish Lake in Fi•h Lake Regional Park. Projects for FY 90 (1989 calendar year) will be proposed in the FY 90-91 Recreation Open Space Capital improvement Program which will be prepared in 1988 .'or consideration by the legislature in 1989. SA4584/PHOPNI 03.02.88 -.,t\E MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE April 1988 Saturday 4- 9-88 7:30 a.m. Water Structures 6 Environment Committee LMCD Office, Wavzata Monday 4-18-88 4:30 p.m. Lake Use Committee LMCD Office, Wayzata Wednesday 4-27-88 7:00 p.m. Public Hearing: William Niccum New Dock License Queen of Excelsior II, Inc. On -Sale Liquor license 7:30 p.m. Regular Meeting, I.MCD Board of Directors Tonka Bay Village Hall, 4901 Manitou Road (Co. Road 19) 4.4-88 Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 597i331 • (612) 474 5539 To: LMCCC Directors Frorn: Hof I Hanser "0, Date: April 1, 1988 Re: PUBLIC HEARING The Executive Committee of the Lake Minnetonka Cable Communication Commission (LMCCC) will hold •n public hearing on Tuesday, April 12,�, at Excelsior City Hall (see - closed Notice of Hearinq). Members of the Full Commission are not required to attend thl� hearing, but you may wish to attend to make comments or ask questions regardinq the scale. The Full Commission will meet Tuesday, May mrlth at 5:00 p.m, to vote on the sale from 'lowden to Triax. We wi o elect four officers and three at -large executive committee members in May. If you are interested in running for an office or serving on the Executive Committee, please let me know. It is extremely important that both representatives from each of our member cities attend the May meeting to vote on these matters To pass an ordinance amenJment requires a larger quorum than our regular meetings (an affirmative vote of not less than two-thirds of the authorized votes represe-'ing not less than ten memmbers). One of the ;host signi t issues facing the LMCCC in Dowden's sale is Regional Channel 6. Please take note of motion 3.15.88.4 in the March minutes. If you have any questions regarding this motion, please cortact me. Again, please make every effort to attend the May 10th meeting, as we need your vote. I would also Encourage you to attend the April 12th meeting if at all oos,,ible. ;he Executive Committee meeting will begin at 5:00 p.., and the Public Heaving will begin at 6:00 p.t. Please feel fre contact me if you have any questions regarding these upcoming HH,'p( NOTICE OF PUBLIC IIEARING CONCERNING CABLE TELEVISION COMMUNICATIONS PLEASE TAKE NOTICE THAT a public hearing will be held by the Executive Committee of the Lake Minnetonka Cable Communications Commission on Tuesday, April 12, 1988 at 6.00 p.m. or as soon thereafter as parties can reasonably be heard at Excelsior City Hall, 339 Third Street, Excelsior, Minnesota 55331• The Commission consists of the Minnesota cities of Minnetrista, Spring Park, Shorewood, Medina, St. Bonifacius, Excelsior, Deerhaven, Woodland, Victoria, Tonka Bay, Minnetonka Beach, Orono, Greenwood and Long Lake. The hearing is called pursuant to the requirements of the Joint and Cooperative Agreement creating the Commission for the purpose of providing an opportunit% >or public input with respect to amendments to the Cable Communications Ordinance arising out of the transfer of ownership and transfer of the Cable Communications Ordinance as amended to Triax Midwest Associates, L.P. and the permanent designation for Public, Educational and Government Access Channels. Anyone having an interest in Cable Television Communications is invited to attend said public hearing. Copies of the proposed ordinance amendments are available for review during reclulir businrss hours at the Commission office. MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION 5:00 P.M. EXCEI,SIOR STUDIO AND COMMUNICATIONS OFFICE TUESDAY, MARCH 15, 198P I. CALL TO ORDER Chairman Haggerty called the March 15, 1988 meeting to order at 5:05 P.M. ROLL CALL Directors Present Dennis Haggerty Tom Anderson Jim Olds Losley Hughes -Seamans Dean Johnson Jerry Roehl Others Present Shelly Quaas Holly Hansen Mary Smith Tom Creighton II. APPROVAL OF MINUTES Motioq_3.15.88.1: Anderson moved, seconded ..s, to approve the February 16, 1988 minutes as written. Mo. carried unanimously. 111. REPORTS A. TREASURER Motion 3.15.88.2.: Just Claims: Olds moved, seconded by Anderson, to approve Just Claims as written on Appendix A. Motion carried unanimously. B. ADMINISTRATIVE Hansen informed the Commission that Dowden made a channel change they removed PTL and replaced it with ETWN. LMCCC was not informed until after the fact. Hansen talked with Mary Smith of Dowden and explained that LMCCC t-hould be informed as soon as a channel change is made so ques_ , can be answered to the subscribers. The financial au for year ending 1987 has been started. The franchise payment for 1988 should be received by 11,. ch 30. The budget will probably then need to be revised. A bill, backed up by the Cable Industry, was presented to the Minnesota House and Senate during late February. It appears the main intent of the bill is to protect cable operators in over -build situations. MACTA is monitoring the situation and has testified before the House Committee. MACTA is working with representatives from the Cable Industry to clarify some of the language presented in the amendment. Hansen received a purchase agreement for the sale of Dowden to Triax. Hansen feels that Regional Channel 6 should become a priority in the sale and the LMCCC should make it a requirement of the sale. Staff Cutbacks: Administrator Hansen uas informed that sill Strohm has been offered a fill -time job that will last approximately 2 months. During this period, lo, is L,-king approximately 8 hours weekly at the F,xceisior stud i,). Also, Patricia Ward wants to cut her hours back to R hours a week. Han�:an needs a person that will work more hours (110, shc: wants to hire a new secretary. n the m-in time Hansen will also need some help in to studio. Aiministr. or Hansen would like to hire a free-lance videographer to tape some of the Council meetings and help with other projects. Hansen would hirf, this person at $5.50 per hour and stay within the budget. IIMt:t— c; ill t NU I 1"I MARCH 15, 1900 Page Two 1 L1'1'010'S - CONTINUGD ADMINI TRATIVE Ilansen would iike to get the Lortg-Range (Tanning Committee going. She would like a date to be set. NFLCI' (National Federation of Local Cable Programmers) has published a book that has a wide variety of programming information. Hansen would like to purchase some of these books, it would be $16.00 for 25 copies. Also, a video tape "Pioneers b Video Television" is also available for $13.00. Motion 3.15.88.3: Anderson moved, seconded by Johnson, to purchase 25 books for $16.00 and the tape for $13.00. Motion carried unanimously. C. DOWDEN CABLESYSTEMS Mary Smith handed out her monthly report. Connections 248 Disconnects 72 Net Gain 176 Dowden made a program change on Channel 23. PTL was taken off and EWTN (Eternal Word Television Network) was put on. Mary Smith said that Dowden received approximately 20 to 25 complaints. Tom Creighton asked if there was a pattern on any disconnects since the channel chancle. Smith stated that at this time there has been no pattern of disconnects. Technical: There have been occasional sun outages. 'These outages occur in the afternoons due to the positions of the earth and sun during the months of March and October. Outages can last from a few minutes up to ten minutes. IV. REGIONAL CHANNEL 6 Mary Smith informed the Commission that the fiber optic link to the IDS Center from WCCO with a microwave hop from IDS to the Mound headend site has been rejected. The reason for the rejection was it was not economically feasible. Smith stated that at this time Dowden does not. have any answers to get the signal for Regional Channel 6. If Dowden cannot find a solution then LMCCC may try to get some answers with the sale of Dowden. The Commission may choose to deny the transfer if Triax cannot provide the signal. Hansen :suggested to invite Jim Sullivan, WCCO'e: Engineer, to talk with the Commission about ideas and ways to get the signal. Also, fiber optics may be comming to the Excelsior phone company sometime in April. Hansen feels fiber optics should be looked at more closely for a solution. V. DOWDEN SALE Regional Channel f: is a part of the franchise. An agreement should be made with Triax before the tran!ifer is a(-cept.ed. Tom Creighton informed t.i;c. Commission that the franchise requires that the Commission inform Triax (buyer) within 30 days if the Commi:;sion wants to hold a public he'tring. MARCH 15, 1988 Pace Three V. DOWDEN SALE CONTINUED Motion 3.15.88.4: Anderson moved, seconded by Olds, to ild a public hearing April 12, 1988 to adopt said Resolution: -Commission determines that the proposed sale of Dowden Cable Partners, L.N. may adversely affect the subscribers of the Lake Minnetonka Cable Communications Commission. Commission staff is instructed to notify Dowden Cable Partners, L.P. and Triax Midwest Associates, L.P. that a public hearing will be held within 30 days of this meeting. Further, Commission staff is instructed to notify Dowden and 'max that the Commission is seriously concerned with the failure to satifactorilly resolve the system's inability to receive Regional Channel 6. Further, failure to proposed an acceptable resolution to the Regional Channel 6 issue will seriously impact the Commission's ability to adequately consider the proposed transfer of ownership. '')lion carried unanimously. i Creighton also informed the Commission that they have the right to purchase the system, but most sales are costly and complex. Motion 3.15.88.5: Johnson moped, seconded by Olds, to waive the right to buy the franchise. Motion carried unanimously. IV. ADJOURNMENT Motion 3.15.88.6: Olds moved, seconded by Roehl, to adjourn the March 15, 1988 meeting at 6:55 p.m. Motion carried unanimously. RESPECTFULLY SUBMITTEDD, Shelly Quaas LMCCC JUST CLAIMS 2117 - 3/15/88 CHECK # DATE PAYABLE AMOUNT ACCOUNT 1612 2/29 L.M.C.I.T. $2,352.00 Insurance 10068 2/29 Ilolly Hansen 741.18 Payroll 10069 2/29 William Strohm 111 57 Payroll 10070 2/29 Patricia Ward 148.66 Payroll 1613 2/29 P.E.R.A. 85.94 P.E.R.A. 1614 3/15 U.S. Postmaster 19.50 Postage 1615 3/15 Shelly Quaas 60.00 Sect']. Svcs. 1616 3/15 Holly Hansen 19.29 Mileage 1617 3/15 William Strohn 11.97 Mileage 1618 3/15 Patricia Ward 6.30 Mileage 1619 3/15 Pavchex 27.62 Sect'l. Svcs. 1620 3/15 Ct-smmissioner of Revenue 135.98 MN Payroll Taxes 1621 3/15 Bank Excelsior 577.70 941 Payroll Taxes 1622 3/15 N.W. Bell (5.57 Telephone 1623 3/15 Gross Office Supply 13.1L Office supplies 1624 3/15 M.A.C.T.A. 150.00 1p88 Dues 1625 3/15 PI Audio/Design 69-70 Misc. Video 1626 3/15 Lesley Hughes -Seamans 10.00 Miscellaneous 1627 3/15 P.E.R.A. 9.00 P.E.R.A. Life 1628 3/15 P.E.R.A, 95.94 P.E.R.A. 1629 3/15 Holly Hansen 156.47 S.F. Conference 1630 3/15 Petty Cash 87.14 Various 10071 3/15 Holly Hansen 732.'18 Payroll I0072 3/15 William Strohm 71.84 Payroll 10073 3/15 Patricia Ward 116.81 Payroll BANK EXCELSIOR Beginning Balance Total Claims Interest Deposit ENDING BALANCE SATE CAPITOL CKCOIT UNION Balance .. $11,736.65 (5,865.50) 52.12 23.00 $ r,,9166.27 TOTAL CLAIMS $5,865.50 i l • $ 6, 153.7E `(Does not reflect irlerest since 12/31/87) Multichannel News — March 98. 1988 Cabbagts & Kings The Time Has Come For Universal Service By Thi,,rriaa P . Southwick WASIIING'f1N --The cahlc telryl%ron indii%try, filler a long, unbrokrn string of victories in the Congress. the courts and at the Federal Couuouni- ration% CummiRSion, now find% itself on the de - fen! -iv- in the peFihc-policy arena Sot tar there has been more smoke than fire. The Justice Department, whose leader is up to his �. eyeball% in his own trouble%, hoot shown no real inclination to pumir ('fills to break up the (1nhle "cartel "The nnti- i trust cru%ade in the Sen- nte is IN•ing led by Sea •� i Ilt,ward Mett:enbauni • ID -MI), an unahaahed liberal in a decidedly conservnlive Senate The FCC's likely vole to re- imlNi%r syndiral,-d ex- clu%ivity cony Kill off superstatiorm but it won't dent the valtir of rable systrrus, which hove n vast array of other programming sources The Gore bill is a h+ng way from law, and even if it did pass, ;t would not damage the core or( the cable!;iisinrvv But all the%:- !Nits are Moiling, and cable is hard- pressed to keep them all under control. A few years ago cable was lighting for change Today it is defending the state% quo Such a ,Iratrgy will brrnme less effective with lime In Ili- first place, lite higher Cable get%, the more pressure there will he to incren%e regulation (.able might he able to slave off reregOalion todriv, while it serves only all percent of TV hooters flirt tit,- task will he a lot tougher when penetration renchrs 70 or Ml lieicent ily then rahle will he viewed a% n necessity. not a luxurN, particular!► not iuorr l,opular shows stove h► cable from broadcast %%'lien SlwrtsChannel loolt the New York Yankee" fill broadcast and onto (lay cable it lirnmptel a bltLZnrd (if legi,lntivr prolot,aais still preys menses fr+tnt area ron- grrsamrn Hut that was nothing v ompared to what would haplten if, say, the World Series werr to herv,me table-exchusive, a% 'fed Tnrnrr and mottle of his collragurs %rem to iniend And the lai%%ra fairy Ju%tire Department of lid Merse won't last forr%er Art eager urw nitornry genrinl, r%peciaHv if them is ever t000tlier Drnm- crefir adnoiniatrntion, mis:lit %er nn effort In break ,rl, the -able "monoli oly" a" just the tit-liet to grab lavorable headlines and vain Benue new pals in tlnllvwood at the %nnir tittle 'I'o licnd till otoch trouble%, cable nerd% It, irrl off the defensive nod begin Ili offer sonte "tiggeations of it" own ulionut how it alight lie expected Io hchnvr when it gains the kind of bower its Iraders Fitt, • in mind . That went% to he uhe objective of the tniks now under way' belwern nurvie-industry and cable leaders ihil the poir.t is not only to arrive fit some kind of a "dent" that will rnsure that lilt, Moy" on i(Ode(W Drive can %fill afford high-test gas for their l(olls- I(tovices Thnt kind of Irenty can lie achieved, bill it dt,evn'1 fully avower five problem. (:nble'% real objective should he to redefine iU ininge and to shield itself ngninst charges that it i% operaiing against the public interest 'I'll do that requires a bold stroke One such bold stroke would he to offer a univer- sal srrvire for nil TV households at a minimal rvwt Such a %rr%ice might eonoti%t of six or seven channels: CNN or Headline News, C-SPAN, The Weather Channel. a religious service, lire [,earn- ing Channel, Nirkelodron, a Itw-nl origination channel and perhaps one or two others The price fonld lie %et at something like $2 of month, or even 1•41 up to local conimunitir% to regulate in return, -able would have tit lie ns- sured Iliat it would remain free to set the rate% for miter tiers and to deckle channel liurup% Emithlishment of such a universal �vr ice would serve to refute the charge that cable is a n-ce%sity which hn% limn priced oil; of reach of the lNxur tt in onr society. It would allow It velli4'le to ethibil events that are lNilitically sensitive Congre%% could hardly argue against a cable -exclusive World Scrie if it were available to everyone in the nntitm at a charge of $2 charge for a month'% worth of univeral service (The vast mnjority r,l uuhscri- bers, col course, w,nld sign up for higher lier% and world pay considerably morr) Universal service would al%o give cnhle a wire into just about everyho dy's home, and could he used to pitch nth; r viers or to offer pny-per-view or h,,nir shopping Finally, universal c-Mt: service would provide a real benefit to the nation It is arguable that the (whore%t people in the country are those Alto might iornefit the most from cable service from an ebecational service that allows them Ili take course% at homr, from a cltilolrrn's channel that doesn't force latchkey kids to-tubnist on a diet of program -length commercials and front nrws and information channels that allow rvrn the id-re-0 • ittrctis tit be informed '1 he cable industry has alwav% been prrtty 1-rid at ct.ming up with clever ways to roml►ine gutwd businr%s with wtwxd poblir relations and world pub - lie (w,licy C SPAN, Illack Enterlainmrnt Trlc vision and CNN are a `ew rtamples A universal cable at•rvicr within the firtanria) renth of all Americans might lw rahle's Crowning tit ltio%entent and save it a lot of headaAws down the retail a% well I I Multichannel News — MarCh 28. 1988 Mooney Says Cable OPS Should `Tread Softly' By Larry Jotfoll, WASHINGWN — Facing heightened scrutiny, cable op- erators should work hard ' to explain and justify their busi- ness actions to local govern- ments and lural media, and should take other actions to ensure the industry's future, according to James Moxney, president of the National Cable Television Association lie- made his remarks in a wide-ranging interview at NCTA's offices here last week As it prepares for the. House teleconnmunications subcorn- mittee's hearing on March 30, Mr Mooney said, the cable industry should "tread softly by being careful to not annoy any more people than you have to annoy "We're kidding ourselves if we think there isn't some pressure building up, and un- less vve handle ,ourselves very carefully ;`sere could be some serious moves in the next Con- gress that can set us back a bit,** 11U Mooney said Operators should especially &to% clear of making "gratu- itous and bellicose statements in the financ►vl press," T>t :v:,00ney said b;ut most of all, operators should tread softly •'bv providing satisfaction and a sense of value to, your cur- lu►nrro Air �%10 ones also said that on the .+hole, the cable indus- try is "quite happy to I••ave the Cable Act alone " He ac- ►nowledged that factions within the industry ar•gur th e Cable critics fail to realize that the industry's vertical in- tegration, an oft -raised ►ssne that promises to come up at the Ilouw hearings, has produced alternative programting for audiences previously neglected by broadcasters, Mr. Mooney said, citing The Discovery Channel, Black Entertainment 'television, Nickelodeon, C- SPAN, and Arts S Entertain- ment as examples. "All of these developments took place in the context and environment of Hollywood being flatly uninterested in prolucing for us. And the broadcasters at one point even had the FCC lersuadel to pre- vent us front buying front Ilul- lywool We were dri.-eo ,, ,create our own programming," he said When cable critics think ver- tical integration, they think home shopping and florne Box Office, 111r Mooney said. But Time Inc.'s development of national distribu-ion of a premium movie service (111101 resulted in a technological ad- vance that gave birth to a new industry, he noted Cable's critics complotining about vertical intogration fall into three categories, Nlr Mooney said: II television competition (broadcasters); 121 suppliers of programming to broadcasters (Ilollywoentl; and 31 othe• distribution technologies, such as MDS, that would like to get get ('Able programming Regarding the. (:able Act, franchising authorities "knew what they were getting," Mr Moxoney said, adding that "everyone understeaod'• that among the elements of the deal "basic rates woodd ralst• soon+e" because they were kept artificially low by local regu- lulors Mr. Mooney said he does not hear from municipalities or the nulional associations that represent them le . g . , National League of Cities) interested in reopening those provisions of the Cable Act. lie added that reports of the cities wanting to change the act have been "ex- aggerated." The N(:TA president said he does hear cities saying that they would like relief from the federal Civil Bights Act if they are faced with the prospects of granting it second franchise, and litigation arising from Moo I► lilt ni li,ao The franchising process evolved "under conditions es- tablished by a regulatory re- gime, which effectively made cable cornpan" to build inef- ficient system-•' to handle ca- pacity for access channels, and provide all kinds of data tranr- mission and other functions for which there is no apparent market," NIr Mooney said He added that cable com- panies did not want to huild the systems that way, but they reluctantly agreed to those terms because it was the only we% they could receive a franchise The overbuild issue is im- lx,rtant, Fie luointed out, be- cause of the unfairness to the incumbent companies if sec- ond franchisees are able to cherry -pick only the most af- fluent areas "Fur the rules of the game to be changed now 1 think would tie inequitable to people whose investment had to be made under that re- gime," Mr Mowteey said He pointed nut that cherry - picking can alai be argued against as a public-podic-, mat- ter, in terms of fairr►ess to the public. Should some neigh bowh4owl% he able to get sornr- thing that tothers can't" i MUltichanoel News — Mwh 7. 1988 Daniels Exec To Head T riax By Debbie Harrod DENVER -- Two more bro- kers, one an 11-year veteran, are leaving Daniels A As- sociates, which has lust three others since last fall Jay Basch, formerly Daniels senior vice president, has already been named president of Trisx Communications, a growing multiple systems oper- ator that will move its head- qunrters to Denver this Inm- mer Marc Weisberg, forrner Daniels vice president and with the company just over two Years. is now at J W Capital, a new coo1wrntive brokerage / imralmrnt linnking %entore with Bill Jnme. Jr • nnother lomier Doniels brolirr "11w i n*1 k unlorlunale from our standpninl•" .aid Phil Hogue, Daniels president, investment servires "Clearly I would have called the timing different . " Daniels is in like process of becoming purely a brokerage firm, as chairman Riil Daniels has announced he's selling off the system operations part of his business. Mr Hogue said Mr. Busch's fxxtition would to fillml by Tim David, who's been with Daniels seven years Alm) recently hired by Daniels as brokers were Greg Wen to cover the Northeast area and Jeff Eden to work with smaller systems Mr Wan was with United Video Management Inc , helping it buy systems, while Mr Eden corner from Malarkry 'Taylor A Associates -We feel we've got a laysltion open," Mr llogor• «aid, •Tool wr hn%e gixid rrsioirr" " 1%Ir Ihisr h predicted the new Iran% at Daniels would prodore "a frcRh, aggressive" company "Dartirls will come out in pretty good (shnpel," he mid "Mont of the front -liar brokerage {Guys hiree been there seven or eight years." Of his move to Triax, Mr. Itusch said, "It hooked like a lot of fin and a new personal challenge to he on the other side of the equation "I loved working for flill," he-otinurd, saying lie might continue working with Daniels in either an advisory or rt n- sultnncy capacity and wot.1d rerininly remain at the offices until sumnier Mr Him+ and Jint DeSor- renlo, Trinx chairmen, have been friends and nssociates for shout a decade, working together at Daniel* for several yearn and on finance deals for '1'riax since Mr De'Norrento and a partner Lirmed it in 1982 Triax r^Rehr.! 311,INN1 subscribers in July 19t',h, when Mr. DeSorrento b )tight out hia partner in the firm, and •hmild hit 110,M) subm ribers Inter ihia %ear no a rnmbrr of Isrge pendin¢ deale i boar• Mr DeSorrenio avid Triait Agreed it) buy Dowdrit Comrnunics- lions Inc two weeks ego isre Afultirhennol News, Feb 29, page 411 Mr Weisberg, in hi. nfflia- tHirt Willi Rill jam", will work on brokerage nn:1 invesintent honking aclivities AIr James earlier set up a capital invest- ment firm Mr Weisberg line pre%iounly run his own busi- oess and rallctl hiritaclf "timie- what entreprenuerial ••U Md l It If Ih111r 1r•I )dr.v', M,u, I, ',,tI 1'01i FCC Tightens Rules On Cable Systems' Effective Competition By Jeannine Avena W ASH I NGTON — The Fed- eral Communications Com- mission last week tightened eligibility requirements that cable television systems must meet in order to have their basic rates deregulated l ouer its modified rules, .ne FCC: said, more cab!: systems will be. subject to local rate regu- lation . The National Cable Tele- vision Association quickly de- nounced the new require- ments, W ich go into effect in six Monti. 'l he FCC said cable svatems can escape los•al rate regulation if set least -,hree off-thr-sir broadcast signals are available in I00 percent of the cable community Former rule t re- quired that three signals be available in the cable com "unity, but never specified as to what gi-ographical extent those signals had to be avail- able The commission was in- structed by the 11 S Court of Appeals here to review a por- tion of its deregulation rules last July The agency's action came just days after the U S `iu- prenie Court said it would not hear a came that c•holleuged the I ( A 'e o%crall s able rate rrgu Intion odes The 19144 Cable Communications+ Policy Act empowered the FCC to design such rules When the commission on- nounced that it was going to modify those rules last year, it had propoowel that three off - the -air broadcast signals cover IS lercent of the cable com- inunily, rather than I(K) per- cent of the community Ales Felker, chief of the FCC's Mass Media Hut eau, said the six month delay befo ce the rules become effective will give cable svatems time to col- lect appropriate information to determine if they meet the agency's deregulation stan- dards N(71'A president James Mooney reslxrnded in a prepared etate•rnenl: "We ob- ject as a matter of principle it) the commission weakening a deregulatory order whov- --I- fect is only 15 months old No intellectually sustuinuhle ruse line been made shut cable 4rs- twnn have abused their free- dom to set rates, end we don't think such a case cull be nincle . " When asked why the com- mission abandoned its pro- posed 75 leercent coverage criteria for the 100 percent yardstick, Mr. Felker re- sponded: "administrative ense. " Ile said the commission liar other variables to examine under its rate deregulation for- mula such a-, a broadcast sig- nal's "tirade li contour," [lie geographic sphere ill co%erage where the quality of a TV )oie- ture is expected to he satisfer- tone at Irani .`i0 percent of ►he time "'ihe Gra D standard itself is r si.itistical menaure if o+ou apply the I(K) percent %landnrd to that, it'll ensirr (to (,alculatel," NIr Felker said He raid the FCC did not know how many cable systems have had rates deregulated under old rules, and that the agency could not estimate how many svatems might le suhjer•t to reregulation "It•l, safe to say when you rhanve the threshold from rero to 11N) lier- rent, there will be more," %It Felker said FCC officials said that it would he up to ho•nl (renchis- inR authorities to dreide whether to mandate rotor roll- backs by systems that )tali been deregulated undet the old rules and had increased rates but were now subject Ill rate regulation under the new stan- dards Mr Mooney said: "Ilo%%- ever disappointed we are 1)y lrolay's ailing, there npl+e•nrs little %• • rnn do about it ( tilt In%v%rrs adviw• un that till' rourta are unlikely to accotid- guess the commission on this matter We therefore will look Io the re.,.rd to he estabiivhed h) the IsrRe maj,vit% of rahle syslemm which will continue lr) he deregeslale d to Rive to the ammunition to go hack at srmte point in the future and ask the commission to ret isit this i%gie " Lest su,..mer, the 11 S Court of Appeals here largely agreed with the FCC's rate regulation formula after a group of cities challenged it The court accepted the agen- cy's determination that the "availability" of at least three off -the -air broadcast signals in a cable community Constitutes effective competition for a cable operator and thereby frees the operator from local rate regulation "ihe court, however, questioned the FCC's definition of what an •'available" signal is and re- manded that portion of the rules to the agency Under revised rtiles, the commission said a broadcast signal would be• deemed avail- able if the signal places a Grade II contour over the cable community or is "significantl% %ie•wed "'Ihe FCC said a sig- nificantly vie%ird signal would br based on viewership infor- ntstion of the cable communi- 1 y. 'I'he agency also modified its waiver procedures associated with thew sigital-nvailability hundards In signal-avoil- ability disputes, the FCC said, the party that base "will IN' respi.onsihle for the stunts of any rnginerting study that may Ile necessary " The ll S Supreme Conrt Iasi werk said it would not review the appeals e•ourt's deri- sion that genrrall% affirmed the FCC's rate deregulation formula Last fall, Connectii tit. New York City, the Notional League of Cities and the American Civil Ube►ities Union asked the Supreme Cours to re%irw the appeals rourOt n►ling The have argued that the FC( .. rules "will have sweeping na- tionwide Impact. %ill pre-empt stale and local g.,%e•nml'n s in Ion eirra in %will, the% ha%e traditionally exerrisrd .uthorily and ill sidryrct cable subsrribrrs to the hat- arda of a market that is effe-- lively competitive only aceord- ing to the FCC " NC:TA, backing the FCC, requested that the high court not hear live ease in other business, the FCC Inunchrd a ptorerding to rol- lrct information on how lele- %ision broadcasters' operations are faring in Ihe abweive of must -ram• rules for cable op- erators The FCC said it is Inrgrfy hx4ing for hard numhers, pertaining to station audiences and revenues . U Val. 8 No. 12--March 21. IM--$1A0 Cable Comes Under Fire At Senate Antitrust Hearing ft Larry JaNN W AS111NGIMN —The open- ing guns sounded last week in what promises to he a long series of skirmishes on Capitol Hill and elsewhere over whether the cable trlevision in- dustry has grown tfx) Inrge and powerful and nerds additional government regulation ""The mesvage that is (firming throngh loud and clear is that we !(;"ogress) should revisit our dv(,I ki"n to deregulate cable," lien Ilowsrd Mr,sen- haunt 11) t )111 said at Ic,gt week's hearing, which h cha i red (hirer groups scheduled to eondort inrluires into the cable industry include the Ilouse telers mmunicaIions subcom- mittee and a group of state attorneys general which last week launched an ingoiry into the industry isee story, page 131 A total of 13 witnesses rep- resenting the ('able, "wirrlem cable," home satellite dish and broadcasting Industries tegtt- fiecl at the hearing on corn- l(etitivr issues in the cable in- dustry held by the Senate sub- eommitlM on antitrust, mom) - polio, and business -ights Sen Mrizenbaum said the sulwommittee will revisit the issue withir ' next (A) day*, after whirl+ will determioe hrilter Irgislnlivr action is sppmpriair fir added he hot,ecl congre*airnai action would not have to be taken and the industry before then o,uld "get its house in order National Cable Televisi•,n Association president Janes Moonev said after the hearing that the swain served of, "let off seam" ami the message received fr+•nr the senator was that the induatry "nerds to tread at,fily SM. NDword Mt bsnbaum (POHg IaNna to teadmony at last If government involvement is the only possible solution, '•this chairman won't be bashful to facilitate such inter- cession" to put an end to "exorbitant rates" and ensure .table competition to cable, `en Aletu•nbaum .aid The :March 17 Senate hear- ing will be followed on March 30 by the House is le- c"mmunciations subcommit- tee's cable oversight hearings, which will deal with Rimilar issues, such as the industrv's size, vertical integration, the need for another set of must - carry rules that would pass constitutional muster, and whether the Cable Act needs to be amended in addition, Sen John (ferry I D-MA 1, who sits on the Commerce Committee, has begun an informal irrvestgation that might eventually lead to hearings ort alleged anti -com- petitive practices by the cable ind u*try Other than seporew. brief appearance* by Sen. Strom Thurmond (R-SC) and Sen Gordon Humphrey IR-Nill, Sen Metzenhaurn, the sub- committee's chairman, was the only senator present to listen to comments at the 2 1/2-hour hearing During 1tr Mooney's testi- mony, Sen . Metzenbaum cut him off to say, "Some of us Icongressmenl f: l we were had, wher we passed that bill," referrtrtg to the Cable Communications Policy Act of l(W4, which deregulated the industry Mr Mooney painted out that (:)ngrrss, via the act, let munici,)alities decide how mac ny "mpanies can ol,erate in an area. Sen Metz.enbaum interjected, "Isn't that un- realistic," noting that virtually all cable systems operate without competition from "liver cable companies. and are de fart* nuinopolies. ready to re --examine the net ic, respect to rates and program availability," he said. "I'm very concerned that the self - policing called for is not occur- ring," he said, adding that the hearing was not a "precursor to the introduction of legis- lation," but rather "a sound of warning and indication of con- cern to the cable industry " The senator espressed con- cern about the plight of two "wireless cable" companies, which utilize multichannel multilrjint distribution t6ervlce terhnulogy, and testified that many cable programmers w ill not sell to them "You can't operate wireleaq cable without being able to ob- tain product If you can't get programming, you have to go under This is a fact," Sen. Metzenbatun said . During the pr(x•eeding. the lawmaker pointed out to Home Box Office Inc. president Joseph Collins that James neroux, Wireless Cable As- sociation chairman ,.r regu- latory affairs and an c.1MDS operator in Cleveland, testified earlier that HBO as well as other programmers would not sell to his company . Mr. Collins said historically HBO has been supportive of MMDS technology, and cur- rently diabributes via micro- wave in Milwaukee and New York City However, the com- pany is concerned with the heightened possibility of signal theft, which is a problem in Washington. DC. where HBO ) is currently available via wire- less cable. he added HBO will not sign more MMDS contracts until the company "is sure our signal is secure .. he said Sen Metzenbaum pressed for a date when the tests w•ouW be completed, but Mr Collins would not give one The senator also questioned Robert Thom -Ain. Tele-(- kim- munications for vice presi- dent of governmental affairs, about the largest operst.or's financial interests in wveral programmers, and whether that give* TCI influence over pr,Wrammers' decisions not to deal with alternatives to coax- ial cable "Vertical integration i• r -mvern of this commit• tee," he "Id Hearing Ntr Thomson .aid TCI does not have a controlling interest in any programming entity, nor does the compare% want one He added that if it were not for TCI and other operators banding together, Turner Broadcasting Systeni Inc , in which TCI has a 12 percent stake, would have "disappeared from the air- waves. " Sen. Metzenbaum said, "You don't have to have 50 percent to have control. " Mr Thomnvri responded, "That well may he in general corpor- ate life," but that it is not true in votes in the TBS boardroom. Amos Hostetter, Continen- tal Cablevision Inc. chairman, pointed out that concentration in the cable business is not necessarily a bad thing because the cluslering of systems brings an efficiency of operations, marketing and service, which benefit the consumer Sen Metzenbaum chided officials of Viacom Inc , the parent of Showtime and other cable netivorks, for not tes- tifying at the hearing "It's an uncalled-for snub, and we re- sent it," the senator %aid IShowtime vice president Stu Ginsburg said Viacom of- ficials were asked to testify two weeks ego, but the company initially decided against it However, two days before the March I7, hearing, the mm pony changed its mind, but was told by the subcommittee staff that it was tcxi late be cause there were too many wit- oesses I NCTA's Mr Mooney pointed out that the cable in- dawy "had to come up with programming that was suffi ieiently different" to convince ermsumers of "the value in paying a monthly bill - "It's highly unlikely anyone slap, would put up the cork capi- twl and invest in these specialty artvices, , he add. l NCTA president James P. Mooney responds to a question at last week's hearings. Also testifying before the Senate antitrust subcommittee were (left to right) HBO president Joseph Collins, Continental Cablevislon chairman Amos Hostetter and Tele-Corn- municatlons Inc. vice president Robert Thomson. In another sparring match with Sen Metzenbaum over post -deregulation rate in- creases of 50 percent or higher in his home state of Ohio, Mr. Mooney said each of the 93 systems would have to be luck- ed at individually to comment. "What could justify a 220 per- cent increase in Russell, Ohio?" the senator asked the NCTA chief Mr. Mooney pointed out that some places before de- regulation went into effect had "unreasonably low rates of $2- $4, end ended up, I'm sorry to say, having to pay more " He alvI noted that many operators instituted tier meltJowns in which subscribers were paying higher rates for basic service, but in return receiving many In terns of relations with broadcasters. Mr Mooney pointed out that NCTA twice has supported a compromise with the broadcasters on must - carry rules. only to have them thrown out by two federal ap peals courts "We're willing to go back and try again," he said Broad :aster representatives testifieoi how the loss of the must-csrn -ule was de.rimen- tal to the industry's existence because stations can be in- discriminantly dropped from systems, which, in turn, affects their ratings and advertising revenue William Finneran, chair- man of the New York State Conimission on Cable Trip - more channels vision, predicted that over-the- Sen Metzenbaum noted air bmadrsstina, as a sivifi- that the value of cable systems coat trsn•mi••N,n medium to has risen in the past years from the pwipulation at lame, will be $1,200 per subscriber to more extinct before the end of the than S2,000, meaning that century because of table's buvers are realizing "the per l for Iratci increases haw strength $enators to respond to calls not " not yet arriyetl The Federal nat(roarrlimuni�a�tion 'on live cable -TV broadcast Gimmission for its "failure to define effective competition U in `V comes to the state C apilQl t when Senate Media adequately," referring to the Sercicts presents its first live call -in FCC rule allowing cable sys- show -Capitol Callln" will be tempi to he free of hwal rate broadcast on Re�innal Cable Chan - regulation as long as three nel 6 from 4 to < p m., available for broadcast signsls cover the viewing by an esninatcd 250.000 ca- market He added that the ble subscribers in the 1 win Cities FCC's "strange definition" in- area. The prrgrsm also is scheduled a dieted a lack id public vim- wKk from today The wnstors who will respond to viewer questions to- eero day are Ember Reschgoit, DFL-New Hope; Crary Laidig, IA -Stillwater; parry Pogemilkt, DFL-Minneapx4n, f ntr Knask, DI L-white Bear Iake, and Allan Spear, DF"L-Minneapolis Viewers an call 296-I(ttltl to partici- pate , -, NQ %f.!X.g --4'tt'i1`1!� r SPRING, 1988 RELATE Merolu, AA,nAne.suras.5.,334:5C0UNSELIN 932•77'7' � CENTER CODEPENDENCY AND ADDICTIVE RELATIONSHIP_S:_ 1 14 0. K. R YOU IVE 0. K. Codependency is a familiar term locally It has become one of the stock phrases in the current spate of books and psycho -babble. If you have had or are having triuble in a relationship (especially a romantic one), some wit is sure to label you as a co-dep- endent. What does the word codependent mean? Codependency, as a concept, emerged from alcoholism treatment renters in the early '70s. It addressed a problem that addiction counselors had struggled with for some time: when the alcoholic is treatea, it becomes apparent that a number of people have been involved directly or indirectly as a support system, which helped the alcoholic maintain the addiction. The original assumption was that these "co -alcoholics" or "codependent" people had problems because o' their involvement with the alcoholi:'s problem. (in other words, "I'm screwed up because you're screwed up"). However, it became clear this assump- tion was in fact "the proble^i". ("In order for me to be O.K., I need you to be O.K."). "The answer to my problem is to fix you." Co dependency Could be defined as the fine art of never giving up. Codependents see life as a problem, a problem they must solve. ("I don't: have to deal with you as you are, I will deal with you as you could be, or should be'). Practically speaking, codependents are addicted to perfection and express this NEWSLETTER through passive or active efforts to con- trol people, events or situations. We begin to see that codependency can emerge in many situations - not just alcoholic or drug addictive families. There is a similar pattern in families with addictive gambling, addictive overeating, or sexual addiction. Beyond these families, the process seems to turn up in other types of families where something very chronic and painful is going on. The child grows up adapting themselves to the momentary emotional state of the people around him/her, and becomes a chronic caretaker. The recovery pr+.cess requires three steps, 1. Recognition of what is wrong; ("I am having a problem.") 2. Letting go of others' problems; ("I can love this person, but stay detached from their problems.") 3. Getting support from other people so the emotional healing process can start. Codependents have usually suffered great injury to themselves from emotional starva- tion. This is why peer support groups like Alanon, Adult Children of Alcoholics, and other 12-Step support groups are such power- ful and successful resources for those who want to change. The complications of codependency have been eloquently discussed in two books of recent years: Adult Children of Alcoholics, by Janet Woi ti t; : It Will Never Happen to lie, by Claudia Black. Recovery is not a place we arrive at, but a wa• of life we can commit ourselves to. Chris Ringer, Coordinator Addictions Program RELATE COUNSELING CENTER SPRING, 1988 LECTURE SERIES The followinq lectures will be held this spring at the RELATE u, ices located at 15320 Minnetonka Blvd., Suite 200, Minnetonka, MN 55345. Please pre-reqi- ster by calling Tracee or Margaret at 932-7277. The fee is $5.00 per person. April 182_1988 WORKING WITH THE SPECIAL NEEDS IN ADOPTIVE FAMILIES Warren Watson, A.C.S.W. Monday ----- --,-- 7-9 pm. This lecture will address several issues including the following: -Understanding the issues o: the adopted child -The impact of adoption on the child's development -Backcroun? information (biological, cultural, reliq- 'ous, etc.) how these affect the child -How families can work with schools, adoptive agencies, and community resources to help themselve achieve a high level of functioning Aril 21, 1988 _ _+GUILT/SHAME: INFLUENCE VS. CONTROL Chris Ringer, F a mt ly__Counselor Thursday 7-9 pm. This lecture will describe the difference between quilt and shame. It will focus on building self-esteem, and will learn the relationship between quilt and intimacy and shame nd abandonment. April 23, 1988 YOUR'RE ANGRY - WIiAT U_0 YOU DO "TEXT? RESQLVING CON- FLICTS WI FiQSE--YOU LOVE ►`.ath Weber,_h.b,-' C.P.. Saturday 10 am - Noon April_25, 1988 This sesi in will focus on: -Coping with the intense feelins which arise during conflicts -Guidelines for working through disagreements -Options to consider when mutual compromise is not possible. This session will address both adult -adult and adult - child conflict. SURVIVING SEXUAL ABUSE Nance Blume, M.A., L.P. Monday 7 - 8-3U pm This lecture will include an overview of the family dynimics o` sexual abuse, it's efforts on the survivors and recovery process, April 30, 1988 GUILDING FATHER/SON RELATIONSHIPS Frederick Stechmanr Saturday ' — 10 am - Loon As a father you are faced with parenting your son. You may he stuck with too little time, and tno few skills to do it effectively. You remember your relatiti- ship with your father and determine: "this is the only way to rlo it" or "i'm not going to be like him". Are you satisfied with the relationship? Do you and your son have anything going other than sports, cars, and achievement? This two `your workshop will examine with fathers a b; oader- view of parenting their son. Participants wil be involved in examining the generational impact on tt--ir resent ea-', parenting and as a ,esult, make choices or how they to parent. They will also learn how to "hang out !.d listen to their sons - r-thcr than f-K them. May 1, 1968_ _ PARENTS WITH NEW PARTNERS Roger Pilgram, M.S. L.P. Saturday 10 am - Noon Parenting in a step or blended family can challenge t e d,,dication and sanity of any remarried couple. This workshop focuses on realistic expectations and a deve - opmental model to approach parenting in blended famil, as, and "new partners" may have already been together for years. May 17, 1988 SELF-ESTEEM - THE JOURNEY OF THE SELF Tom aborowshi M.A. Tuesday 7 - 8:30 pm This program identifies what self-esteem is, looks at high/low self-esteem, positive/negative evaluations, how one can improve their own self-esteem and the sel - esteem of others. Participants will also be given a self-esteem inventory to help them assess their own s�lf- esteem. May_ 2 3 , _ 1988_ Monday 7-8:30pm HELNING CHILDREN SURVIVF ALL Marcia Just'; ►c.n., M.S.N Parent, and family members involves in divorce are facinq many stressnrs and difficul transitions. Ofte recogni,ing the effects on the children is very painfu as well. This session will offer insights into cnilirt is needs during and after in this painful process. Partii- pants will also have the opportunity to examine the dynamics in a step family and the impact this has on children. Perhaps the most important aspect of this workshop will be that with assistance, children can survive emotionally. n3uJi kLLAIL..... RELATE COUNSELING CENTER has been a pi^- eer in the development of effective, compre- hensive family oriented counseling services for children, adolescents, and adults ex- periencing problems in their lives since 1969. the agency is staffed by a multidisciplinary team n; psychologists, social workers, fam- ily t!er-.gist-. and spec;alists in addic- tions RELATE urfers individLial, group, couples, and family therapy including counseling and educational services for victims of physical and/or sexual abuse, adopted families, blended families, addictions, youth, grief/ loss issues, and eating disorders. Families and relationships are important to each and every one of us. RELATE staff values the family and strives to help the family members live more fulfilling and productive lives together. No relation- ship is without its difficulties. The staff at RELATE works to help individuals build or rebuild healthy nd trusting relationships. RELATE COUNSELING CVVER m i v abwuspi AM. • w ! M I'_MW90 tk4 MiNNU rlr ail a Each RELATE conducts a three-part series of lectures designed to meet the needs of people who may be involved with others in addictive relationships. The series provides the education and suppo,-t that concerned persons need to begin to understand and address their situation. Uates fog- upcoming CONCERNED PERSONS LECTURES are: April 14, 21, and 28 May 12, 19, and 26 June 9, 16, and 23 July 7, 14, and 21 August 4, 11, and 18 @0�JL: APR - 6198, , �V u,a.oer� WAYZATA , IM4 d. 11 INTEROFFICE MEMO DATE: April 7, 1988 TO: Mark Bernhardson FROM: Mel Kilbo, Chief of Police Rr:: Ride-Alonqs to Council Members I wish to draw attention to Council Members that the O: ono Police Department will, be conducting work details that may be of interest to the Council, allowing the Council a good opportunity to see the police department in action. On April 15, 3 to 7 pm, three officers will work extra traffic enforcement. Areas to be covered are: Cty. Rd. 51 in Spring Park, Cty. Rd. 19 from Ctv. 15 to Ctv. 51, and Hwy. 12 in Long Lake area. The se--)nd detail -till involve extra ^`'I enforcement, involving at least three officers. This will take place on Aori1 16, from 11 pm to 2:30 am. If any Council Member would be interested in riding with an officer during these specialized details, please contact mF and I would be :glad to arrange the details. x Trk, opser 16121 l474-IM9 Wrirrr;i Crre, i D u/ Nambrr 347-934� April 4, 1988 ' ECEIVE Mr. Thcmas Jacob — City of Orono 1335 Chown Finad South Orono, Minnesota 55323 Re: Marina Center Sprirya Park, MLinnesota Dear Tan: I would like to take this opportunity to thank you frr all your help in coordinating the underground tank excavation at Marina Center. If you had not ciotten involved and taken the time to issue your inspection report this loan would have never closed on time. Your efforts are truly appreciated. Sincerely, Karen Perusse Loan coordinator Real Estate Finance 1OWLE RLAL Avenue South. k inncAp) 1,. N1ti 5S401 (612) 34'-4444 IT g'` ••`� STAIIE OF MINNES(YI'A t[ a �16y ST. PAUL 55155 RVDN Pt RPICH (.U%1 N\Uk Harch 21, 1988 Chief of Police Crystal Bay Police Dept. Box 86 Crystal Bay, MN 55323 Dear Cnief: Jn 1987, Minnesota once again had a significant decline in traffic fatalities. Ac in 1986, our record is likely the best ir+ the nation. One of the main reasons for the decline in deaths on the highway is better control of drunk driving. The percentage of fatalities related to alcohol has dropped noticeably over the past few years, thanks to good laws and good law enforcement. Potential violators are increasingly conscious of the fact that if they drink too much and drive, they are going to be arrested and lose their driver's license. People are alive and family tragedies have been avoided because of your work. I want to congratulate you and your officers and thank you all for what you are doing. Keep up the wood work. Sincerely, RUDY RPICH Governor AN E OUAI OPPOW'.)NITY EMPLOYER `dr► Bones t roo Rosene Anderiik & Associates Engineers & Architects April 6, 1988 City of Orono Box 66 Crystal Bay, MN 55723 Attn: Mr. Mark Bernharisca he: File No. 139 MWCC Orono Interceptor Dear Mark, Otto G sonesteom PE Keith A Goftfon, ►F Thomas W "(son ►E RaOen W Rose". PE Orchard W Foster. PI Mrchael C Lynch. PE Joseph C Anderirk, ►E Donald C surgacdt. PE James R Marand, PC 9radfotd A lenKDeM ►E Jerry A Bourdon. PE em Kreth P Andertai, PE Orchard E Turner, PC Mark A Harlton. PC KMh A sa•hmann, PE James C Olson, PC led K Freld, PE Mark R golfs, PE Glenn R Cuok. PE Mu hael T PE Ruben C Ituasek, A I A T .0"s E Pkryes, PE Robert O Mefrerte PE Thomas E Angus. ►E Rawl G khumcht. PC pawl O L00,0e PE Howard A Sanford, PE Marron : SorvaU. PE Charlet A frrtisorl Leo M P~Isky Harlan M Olson Sutan M Fberhn Mary A Sep Our firm was retained to prepare the plans and specifications for the Orono Interceptor project. The contract provides for general project plan inter- pretation during the construction phase as discussed. The MWCC staff will provide the construction management and inspection. We have enclosed a list which ouitlines our responsibility during the con- struction phase of the project. We d not feel that this would interfere with our duties as City Engineer. The representative from our firm for MWCC on the project would be Keith Bachmann. Yours very truly, BUNESTRL,_ .tOSENE, ANDERLIK 5 ASSOCIATES, INC. Glenn R. Cook GRC:li Encl. 24 I335 West Highway 36 0 St. Paul, Minnesota 55113 • 612-636-4600 u !2 A t' 'T ATTACHMENT NO. 1 STEP III ENGINEERING SERVICES LAKE ANN/LAKE VIRGINIA INTERCEPTOR PROJECTS METROPOLITAN WASTE CONTROL COMMIScION Engineering services for Step III tasks for the Interceptor Improvements have been broken down into four (4) categories. The categories are described as follows: Category 1 - Bidding Phase Category 2 - Construction Phase Category 3 - Operation Manual Category 4 -- Post Construction Services Task descriptions are as follows: CATEGORY 1 - BIDDING PHASE Task la Attend pre -bid meetings, u(j9ale contract documents, pre- pare and print 45 copies of final bidding documents, place bidding documents in area trade establishments for review by interested parties, interpret drawings and specifica- tions, prepare addenda and provide bidding administration. Task: I Attend letting, evaluate bids, submit written recommen- dation for bid award, prepare ccatract documents, perform bid analysis and attend meetings prior to contract award. Prepare and print 5 additional clean, complete copies of filial bidding documents with all issued addenda inserted in the front to be submitted after the bids are opened. Task lc Prepare a listing for shop drawings, materials, schedules and_ other submittals required from the Contractor. Also —prepare a listing of all professional testing services required by the construction contract. CATEGORY 2 - CONSTRUCTION PHASE �- Task 2a Assist the MetiorTnrliUn Waste renControl Commission (MWCC) in a preconstruction confece with the successful bidder, prospective subcontractors and representatives rf govern- mental agencies. Task 21) Establish horizontal and vertical control for the facility. Task 2c Receive and log shop drawings, samples, catalog data, schedules, laboratory, shop and mill test cf materials and equipment and other data the Contractor is required to sub- mit. Review above for compliance with contract documents. Mark submittals and submit to the MWCC for distribution. Complete all actions for each submittal within 21 calendar days of receipt from the Contractor. Task 2d Make occasional visits to the construction site as required by MWCC. -1- .4uesL11 b tdWCC, aLLeud scheduled meetings at the project construct on site with MWCC's Construction Manage- ment Group and Contractor's representatives to review progress, schedules, accomplishments and problems. Task 29 Provide inter.pt.:tation of drawings and specifications during construction, respond to inquiries and provide other supplementary engineering calculations and interpretations of dr Brings and specifications. , II Task 2h Prepare, review and recommend action for proposed change orders. Prepare cost estimates for proposed change orders, as requested. Task 2i Assist MWCC's representatives in a final inspection of the project for conformance with the requirements of the contract documents. Task 2j Assist MWCC's Construction Management Group in the sched- uling, observation and approval of system checkout and performance tests that will be conduc,=ed by the Contractor and required by the contract specifications. -_ATEGORY 3 - UPEPNTION MANUAL STARTUP SERVICES 'task 3a Prepare an Operation and htaintenance Manual. submit six (b) copies of "draft" for review prior to 501 project completion and submit ten (10) copies of "final" prior to 801 project completion. Final manual to incorporate MWCC comments. CATEGORY 4 - POST CONSTRUCTION SERVICES Task 43 Provide final assembly of "as -recorded' documents. "As - recorded" drawings to be based upon measurem„(,ts, sketches, masked plans, notes, change orders, field modification records and schedules provided by MWCC's Construction Management Group. The Engineer shall submit the completed "as -recorded" drawings within 90 days of the Engineer's receipt of the necessary field modification data from the MWCC Construction Management Group. --2- March 16, 1988 Chairman Robert Rascop Lake Minnetonka Conservation District 402 E. Lake St. Wayzata, Mt) 55391 Dear Chairman Rascop: I'm sorry it took me so long to respond Council designate a representative to a Technical and Policy Advisory Committee. for its planned study. AV k f G 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 512) 291-6359 vU%E7Z Yu U t S` R�`�� - 00t VIkETzo aOOe 1l to your, request that the Metropolitan Lake Minnetonka Conservation District LMCD also requested financial support Our Metropolitan Systems Committee (MSC) has commented on LMCD's plans during its review of a 1988 Council staff report on the district's a tivity in 1987. On Feb. 2 of this year, the committee returned the report to Council staff, directing added study for some alternatives to the recommendations it contained; these are still being investigated. The MSC clearly disagreed w'.th the magnitude, cost and length of time proposed for the study. Committee members felt: The study should be concluded in half the time, a year and one-half or less. The study should be directed more to intergovernmentrelations and closely associated issues, perhaps postponing some other study areas until after these are concluded. The estimated study cost is excessive. In that context, it was not willing to consider a grant for study costs. It stated willingness to consider a planning assistance loan, for an accelerated study. cl..3rly agreed with your intent to broaden the participatory bas, ,vuncil member Dirk IeVries is our designate for your committee. I am sure you can count on his help to see that the process quickly leads to an implemented plan that is good for Lake Minnetonka, a unique regional resource. Sincerely, Steve Keefe Chair SY: amp cc:� Frank Mixa, Executive Director, LMCD Carol Flynn, Metro Systems Committee Chair Dirk deVries, Metropolitan Council District 13 R EC.EtV E0 Pat Pahl, Metropolitan Council staff Jack Mauritz, Metropolitan Council staff MAR 17 1988List of Agencies Invited to Participate in MEgmt. Plan Selection (attached) L.M.0 0 AP Eauoi ppptxtunity frr1010ye1 LIST OF AGENCIES INVITED TO PARTICIPATE IN MANAGEMENT PLAN SELECTION Marty Jessen Gray Freshwater Foundation P.O. Box 90 Navarre, MN 55392 Vern G�nzlinger, Associate County Administrator Hennepin County Public Services A-2300 Government Center Minneapolis, MN 55487 Shirley Bonine, Chair Hennepin Parks P.O. Box 41320 Plymouth, MN 55441 Steven Keefe, Chairman Metropolitan. Council 300 Metro Square Bldg. St. Paul, MN 55101 Camille Andre, Chairman Minnehaha Creek Watershed District 10401 Cedar Lake Rd., 0419 Minnetonka, MN 55343 Commissioner Joseph Alexander Minnesota Dept. of Natural Resources 500 Lafayette Rd., Box 50 St. Paul, H1N 55146 Cliff Anderson, Director Minnesota Pollution Control Agency 520 Lafayette Rd. St. Paul, MN 55'55 Wm. L. Goetz, Chief Const. Operations Divisior. St. Paul District, CoE 1421 U.S.P.O. 6 Custom House St. Paul, MN 55101 METROP CLITAN COUN CIL Suite 300 Metro Squ<re Building, St. Paul, Minnesota 55101 612-291-6359 DATE: April 5, 1988 TO: Metropolitan Parks and Open Space Commission Metropolitan Systems Committee FROM: Jack 1-tauritz SUBJECT: Revised Report on Lake Minnetonka Conservation District Activities in 1987 and Recommendation for Action INTRODUCTION At the regular meeting on Jan. 25, 1988, the Metropolitan Parks and Open Space Commission reviewed a staff report and forwarded recommendationo t., the Coun^il about the 1987 activities of LMCD. The Metropolitan Systems Committee con- sidered the report and recommendations on Feb. 2. Following extended discus- sion, Chair F?ynn, reflecting the sense of the committee, returned the matter, requesting a discussion ,i more alternatives. BACKGROUND The Metropolitan Council has become increasingly involved with issues around Lake Minnetonka. Involvement began with one Council member sitting on a 1983 Governor's Task Force on Lake Minnetonka Access. By 1986, it included a fill Council report responding to a State Executive Council request for-Zg,onal solutions to the recurring problems around the lake. Among other findings, the Council's 1986 report said the existing management structure for the lake was excesbively complex. Many PLencies had authority over various aspects of management --some were overlap;.ing--and planning for management on the lake appeared poorly coordinated. .,ome is:rues appeared to go beyond managing public access and protecting water quality. Task force reports and the Council's 1986 report implied that it would be helpful if there were a single proactive managing agency to deal with the wide range cf issues ap- pearing around the lake. At the time, a more active LMCD was advanced as the best hope to fill the needed managerial role. The Council stated it would review the actions of LMCD to see how it would meet a li.mt of recommended specific actions and how it would become a more active lead agency for planning, coordinating and reviewing projects which affected the lake. In January of 1987, the Council found that LMCD had suggested initiatives which would help, if implemented. LMCD had not carried out specifics recommended in the 1986 report, especially those leading to understandings between the agencies with managing responsibilities. Because the review followed the report by only a few months, the Council found that LMCD needed time to implement its ideas. It said that it would review LMCD actions again at the end of 1987. a In January of 1988, the Metropolitan Parks and Open Space Commission reviewed the attached staff report on LMCD 1987 activities and forwarded its recommenda- tions to the Council. On February 2, the MSC reviewed the recommendations and, as described in the Introduction, returned the document to s,-ff for consider- ation of more alternatives. Metropolitan System Committee Findings about the RecoamendaLions and about LMCD Act! -.pity in 1987 1. During the 18 months since the Council made its report to the State Execu';ive Council, LMCD had done too little to respond to specific recommendations such as convening the meeting to reach a memo of under- standing. It c-..ild have begun some tasks using its own resc•.rrces. It has not done so. 2. The Council will not support more study without adequate assurance about a satisfactory outcome. Committee members also expressed some fee'_:_ng that the pr•orosed study was unnecessarily large and costly. 3. MSC wil'. not recomend a grant but might consider a loan from a local planning assistance fund if there could be an it -unclad agreement meeting the concerns in 2, above. 4. -here is no assurance that LMCD, constituted from local government repre- sentatives, will adequately provide for the wider intere.�'. "ouncil finds important for this regional resource. 5. The MSC concern about the long schedule fcr a plan is joiner' co doubt about success where so many plans have failed to be linkage was made to the impasse on a Lake Minnetonka Regional Park. Committee Direction C',aff was directed to prepare a revie.4 of otYsr alternatives which mi:;'it reach the Council's goal for LaKi Minnetonka, including at least the following: 1. Reconstituting LMCD, giving its present authorities to a new body of directors. 2. Abolishing LMCD, placing its present responsibilities with ot`:er agencies. Specific recommendations included DNR and SHRPD. 3. Recommending LMCD continue its planning rocess, but under a sharply accelerated schedule. Funding tc aid the acceleration would be considered from local planning loan assistance funds if binding assuranc,b were made that LMCD would mal•:e every effort to meet the Council's gals. 4. Recommending the Council pursue a Metropolitan Significance review of LMC') and its planning to develop recommendations about instit,:tional arrangements. 3 DISCUSSION Metropolitan Council Goals for bake Minnetonka Alternatives are considered for how well they meet stated goals. This goal statement is assembled from p•evious Council reports and statements made during discussion of Lake Kinnetonka. The Metropolitan Council desires to see a clear prcce:;s and an accessible, visible authority established without delay to effectively do the following for Lake Minnetonka: o Decide which among the demands on the lake can be met, balancing local rights with thu legitimate interest of adequate access for general public users. o Plan/coordinate management on the lake by aii responsible parties. o Kanage surface use and access by recreation, commercial, development and other interests on the lake to maximize safety and quality of experience for lake users. o Provide stringent protection to water quality and shoreline conditions with all the other physical and aesthetic values of the unique regional resource. o Provide leadership in deciding issues which directly and indirectly affect the long term well-being of the lake. The goal has also been perceived as a set of decisions, policies and rules, that is to say, a comprehensive management plan. However, the Council's interests appear to be better satisfied by creation of an institution and process to prepare any" implement a plan, rather than the particulars of the plan itself. If an effective planning process is in place and appropriate management begins, the Council can clear its agenda of further involvement, with reasonable confidence that issues will be resolved without needing a regional or state forum. Alternatives which may Reach the Council Gcal Possible choices include: 1. Reconstitution of th LMCD bard 2. Reassignment of some or all of LMC2 respo• ibilities to other existing agencies 3. Declaration of Metropolitan Significance f. Critical area Designation 5. Continuing with an accelerate:: and modified LMCD planning process 4 Table 1, attached, compares eac:� of the five for how well it will meet Council goals. Table 2 compares a set of other factors which may apply to each. Also inc_:::;ed are more detailed observations about each alternative: OPTION 1. Reconstitution of LMCD Board The Co,.ncil would have reason to support this option if " decided that an LMCD or equivalent is needed, but that the present stru-t�,re is weak beause of the too narrow composition of LMCD's board, which is appointed by t:ze councils of the lake communities. Reducing lake municipality representation on the board and adding representatives from county government, special interest groups ai concerned agencies such as Metropolitan Council, Suburban Hennepin Regional : .rk District and MCWD, would make it responsible to a wider constit- uent body. A reconstituted board could be given other authorities needed to meet Council goals when revising the statute. Revision would also offer an opportunity to restructure the diFtrict's finances, --_:deviating some existing problems. The LMCD -evy liNs within the lake municipalities' r-atuatory levy limits which has be :r an impediment to the the present LMCD and a real problem to the municipalities which currently sup- port the district. The problem does not seem to be that too much is needed to manage the lake so much as that it must compete for funding with all otr.ar services within the cities' levy limits. Lake management. fire/police F_nd other services now compete within the limited levy, sericasly res'-icting options to city government. A priz-,iple drawback to this choice lies in the fact that it requires a legislative initiative to create the change. It is likely to be opposed ty the lake muni^ipalit.ies who fear losing control and could be opposed by other lake Interests as well. It could not be implemented in 1988 and would require extensive work in thr legislature to occur by the end of !989. Most of the work would fall on the Council. This plan does not necessarily reduce the complexity of managerial structure for the lake. OPTION 2. Expansion of Lak:. P"anagement Activities by Other Responsible Agencies The Council could select this option if it decides that other. exsting agencies had equal or better expertise and authorities to me�t the r_aals. If the tasks can be assumed by other agencies, overlapping com lexitie, could be simplified as the goals were met. The redundancy of two or more bodies setting policy for esne.1tially the same resource and for the same issjes is obvious. One can make a case, too, for the policymaking and actively managinf agez;oy to L nre and the same. Economies may come from using resour--es that i.e in part rv- indant of those used by LMCD. The following example- ad for discussion: o Hennepin County could plan to meet demands from lake snd allocate r•esouz•cros among them. It's the general government from which moat lake users come and which already provides major funding to manage the lake. The county sheriff's water patrol and the department of transportation deliver major services. Trio county could choose to do the work with its own plt:nners and managers, with the advice of an advisory 5 LMCD, with a management consortium of other agencies which share managerial responsibility for the lake, or in some combination of all these. Coordinating local government actions around the lake i:, well within the capabilities of the county. o Planning and managing recreation use of the lake could be nhared or wholly carried out by SHRPD, which has 30 years experience in managing recreation programs in significant natural resource areas. It currently does so for 25,000 acres of open space recreation lands and is the sole or joint provider of recreation access to many of the large lakes in Henna iin County. Hennepin Parks board is elected from suburban Hennepin Cour I district plus County Board appointees. As a special Jistrict, it has an operating levy authority which is outside the legislative cap on both county and municipal governments. Hennepin Parks alas has bonding authority to meet capital needs for recreation open space facilities outside the regional system. It is rli.,^:ble for regional recreation grants as well. o Protection of water resources and management to maintain quality could legitimately be assumed by the Minnehaha Creek `,;atershed District, the water management organizatia►i responsible for the watershed which contains Lake Minnetonka.. The district is charged with general responsibilities for water issues and can legally act in more areas of concern than can LMCD, including surface use ►-anagement and control of shore activities which affect the lake. As do all WMO's, the MCWD has levy authority for its capital and operating needs. The membership is appointed by the Hennepin and Carver County Boards. The district is one of the Longest standing WMO's in the region and currently includes all the communities in LMCD. it's improbable that any of the suggested alternative agencies would be e^ger to assume new tasks. Letting agency acceptance would be difficult. An arCu- ment some will raise against reassiFnmant is LMCD's past success with water quality issues on Lake Minnetonka, the original reason for its creation. Thprc is an argument against, too, in that LMCD can concentrate all its atte:,zipn on lake issue!, t..iving no others to deal with. A body with wider .:1nce rns say be less likely to make decisions which fit local problems. ':ue veneral difficulties and risks of a legislative initiativr aifeet this chc_r they do the previous one. OPTION 3. Declaration of Met.opolitan Significance The Council could choose this option if it decides the problem is LMCD's procedures r.nd thinks there's a remedy in public attention. It could require a revised plan to meet Council concerns. The Council has •seldom invoked this authority; when it has, it has attracted a great real of attention and much activity to avoid the prolonged moratorium which can tee imposed. The primary problem with choosing this way to resolve the issue is that the situation lacks a project, development or active planning process to halt as a means of oompel'ing satisfactory change. The identified problem includes . estrable delay. Metropolitan Significance review is not likely tc compel action. 0 OPTION 4. Critical Area Designation A principle reason to select this option would be a Council conclusion that a comprehensive surface use management plan will help to meet the Council goal, and the greater problem lies in the probability that the plan may not be fu'ly or readily implemented. There is no doubt of the ability of this program to assist local governments to p,rticipate in planning and then to bring local plans into conformance. The pr,)cess offers an additional advantage in its ability to designate the responsi;lle plannin3 body and to set a schedule for plan completion. Designation in :n a past has been accompanied by state funds for planning grants. In 1988, EQB has no planning funds available. An approp- riation would have to be secured. From EQB publications, it appears that Lake Minnetonka would ue eligible for designation as a Critical Arca since it meets the following criteria: 1. Is an a: ea of signiVicant regional or statewiJe public interest:. 2. Other means of protectir. the public interest are not available/effective. 3. The area in one of a limited number in the state or region. 4. The area must be riescribed specifically enough to permit delineation by legal description. The following figured from an EQB publication show the designation process. CIITIW AKAS t[SINNTIOR ►OCISS LOCAL WIT OF - RICIO1AL 011"LOOKRI tMrII momxT AC t 00MET C"ISSIOM(ROC) 1J1ALIIT ROMAL'[MI tar[RInIt ISAr Ki^ro[RO CRITICAL AacA KA• PRampo CR iLu AKA 11A+ RCCO"Kso u111CAL AAA MAT 01116rt t 1 AS A C�ITi•r . 1 1 WX-1 + +Wilt AMC I[Ylly! ROC AC110a ANo MAr I rC+lrit: tM OfK11 M+ KJtCr a 6IK IOIICL or I LIC KA1104 I 1 _ 1 R)t Of ►YRilc ,[AAIIK A:rO t I1MIa ocJtCTs M SUM TS 1r ce,Ile Designation of a c,•'t4Lcit1 area starts the following planning process. CUt Tlul ArC.S .LAMING .ROCIss GCrL R MAL MIT Or mrT Rocar SL(` S-Tliui ► a ►I wT; rs O(rYloti[ICT a".cOtL; wT Slclr•;a OA([a fAflalat:001 MMR AND Loco W -�"`— 01RAMCU UW ROTIFttf tM M nk"IT A.►t ICAT Joe KGtONAL QrtLo►KITT t"I.—CRTAI OWITI COMISSICM (NMI ROAMS '•OR) t r. (. hAMi rw'v Ilt rlr<,Aryd4tT4 0►+S' tM91111 InitlaG Ru; AA1D Ri G.ri.A 'TIl1R1 Ix+rr+il MO /Rt FAAtR aM1 . S AMT• aG:r atibrtrip MrS` A+►a. ��� ►M! a.L:JTIOMS ra �[rs!rlcartatlAG M•til ►tw rs or +. t►K an 11[cfM!p!.G 0 A.O 001 ,+ 1 Aap Al aA a+Eats Rtrlth ►AO A81! . ` 9a APO ROI " cs TOR N PLAN RA — — rt RMiT AI. Rt wlAr.._,.w.•Tt _ Lla!IOa1 .. At a MMari'B I•'s h As state) by the EQB, the aim (of the Critical Areas Program). ...is not a way for the state to acquire land. It is a program used to develop plans for the M ag,ment of areas with demonstrated state or regional significance. A disadvantage of thi9 option is that seeking designation does not ersux�e that it will happe". Its likely that designation woul" be opposed locally. If the Council is designated as the lead planning body for a critical area plan, it would naed to amend its work program and budget for this major task. While an emerging Critical Area Plan is very likely to be well coordinated, there is no assurance that a simplified managing structure will ensue. OPTION 5. Continue, but Accelerate an Amended LMCD Study and Planning Process A principle reason to choose this option could be a Council decision that the most effective way to meet its goals is to work from the status quo, letting already existing institutions proceed in finding solutions to the issues. It could suggest that LMCD modify its plans to meet the committee objections by accelerating the schedule, involving a wider regional planning base and beginning by addressing institutional relationships in a less costly study. MSC has already cited the principle arguments against this choice, i.e., LMCD has not proceeded quickly with the things it could do with its resources, it does not appear to be moving to become the more proactive agency needed for the lake's future, and its proposed plan may fail in implementation, just as earlier plans and recommendations have failed. This choice, too, is unlikely to ,roduce a simplified managerial structure for the lake. SUMMARY/CONCLUSIONS The alternative :which best meets the goals summarized is for the Council to recommend that existing authorities become more active participants in a simplified, cl arer and mor-e effeo�i— -rote-- to resolve issues around the lake. The amount of LMCD involvetion' 'd b- decided by the district's willingness to enter into ective par: .-hip with other existing agencies or it could be resolved by legislative: antiin to single out the duplicative assignments. If responsibilities were taken up as suggested in the examples discussed, i.e., Hennepin County became the principle coordinative body, SHRPD became more active in recreation access management and MCND became more responsible for managing the water body itself, a process would be in place, asiig existing authorities, w,.ich would both clarify and simplify managerial structure on the lake. The role of LMCD, as a cour.cil of local governments and as a lake citizen board, would continue, but as an advisory rather than policy making group. As such, it could still continue its efforts for the betterment of the lake and could continue to represent the local perspect'.ve to the agencies engaged in active management. If the agencies cannot, or will net, accept the increased authority/activity which is sugg•ssted, the best alternative to meet Council goals seem to be to pursue Critical. Area Designation for the Lake M4innetenka area. An pointed out in the discussion, the one. really ccnpeliirig argument for this course of action is the assurance that a Critical Area Plan, once developed, will be imple- U mented. An appropriate plan will delineate an adequate process for issue resolution as well as setting appropriate policies for the lake's future. The major drawback of the CAP is the amount of continued involvemert it requires of the Council, which is seeking to reduce the time and effort spent on this part of the region. One possible way to deal with the issue would be for the Critical Area designation to recommend LMCD, with appropriate technical and policy advisement, to function as the responsible planning agenc-F. In essence, this could utilize an existing planning strunture but ensure the implementation of the plan which ensues. This alternative combines elements of the second recommendation and the third, which follows. The Council, if satisfied with assurances which LMCD may be able to provide, could decide to pro- d with an amended and accelerated plan process conducted by LMCD. It would r—otinue to rely on existing struct.:res and authorities and would not require legislative action, or at 'east, not until comprehensive plan made recommendations for legislative action o improve t`,e process now in effect for managing the lake. R E COrVEN DA T I ON That the Metropolitan Council: 1. Convene a meeting or meetings chaired by the Council for policy and staff representativ-3 of existing governmental bodies and agencies which have lake -wide authorities over Lake Minnetonka, including at least Minnesota Department of Natural Resources, Hennepin County, Carver County, Suburban Hennepin Regional Park District, Minnehaha C.-eck Watershed District and Lake M'nnetonka Conservation District, to determine if a simplified managerial process for the lake is feasible, using the exi. �q authorities of these and other agencies. The meeting should consider t.__ report and the thoughts cf all concerned agencies in its deliberations. The Council, after the meeting, should consider whether adequate agreement exiz;t%d among the agencies to propose a memorandum of understanding for ratifiUa`.lon by concerned parties. 2. If the Council's understanding, following the meeting in 1'ecom:nendation 1, is that there is not adequate unanimity among the parties responsible for the lake to ratiiy an effective managing process, the Council should request that the E-vironment:l I--t.lity Board submit a recommendation to the Governcr of Minnesota that Lake Minnetonka should be designated as a Critical Area and that a comprehensive surface use management plan rhould be developed and implemented under the Critical Areas Prcgram. The Cc•.ncil should offer to coordinate planning +y state, regional anJ local agencies responsible for the lake. The designation should call for a state approp- riation to the Council to cover plane:..;; casts n^ to provide grants to reimburse municipall. planning costs as consistent wi'.h the Critical f.reas Planning process. JG011A/FROTX0 Table 1 APPRAISAL Of ALTERNATIVES, METING OMINCIL GOBS Prev'Oes a Provides on Planning Capability Capability to Leadership Capability in Clear accessible Capability with to Actively Protect Resrurce Issues Rescl,-Lion Process w thcrity Regional Base Manage statrs am Nc change change No change No change No change Low -Moderate No change LOW Low Moderate Lcu Low paamstitute LlS� Dowd Node rate Moderate -High Moderate-P'gh Moderate -Low h�derate Moderate -High Ass gr Respons-tilit:cs to Other Agencies High Moderate -High Mode�a'e-High Hit. High Hi 6h Mstropoiltan 31 jp i f t oar!" Low Low Lou Low LOW Declaration Low Critical Area H1g! Moderate-`llgh Moderste-High No change Ho change Moderate-H: Daaiation w until after plan. until after plan Lmm Proceeds Gmftc ►ended Moderate Moderate Mode Moderate Low -Moderate Moderate Moderate -High ee Pian!Pross a pn would address lan plan plan would addr.•as 1"633 /►NEWW 105 3.26. MINIMUM 1 .1M1' APPRAIS&L OF ALTERNATI E', OTHER FACTORS Action Required by STATUS sills; 7o change R�rryaF3' McLrapnlltan LAM BARD Council, legis- lature, new member agenetea ------------------- AMIGN Ra- M-tropoI.cmr. SIORSTIIi.• Cour•:mil, legLs- '":3 /;, latore, new ffft� imember agencies A"NCIg3 municipalities Stakeholders Local Acceptaru..a Planning Funds From: Operas'-- Funds From: Major Adrantagrs Major Disadvantages 'Constituteney) (Estimate) Type!Distrlct :ype/Dlstrlc! No change No chap` Lccal taxes from Local Gazes, boating No change Too little a.:tion, lake suniclpal- safety from state, too slow, too sties, nn charge Hennepin County haste! plan base, property trxe no certainty of plan implementation Create new Re3lstance Special ievy/ Special levy, boat Wider planning base, Open to legisla- oonstituency likely new constituency safety from state, wider fiscal base, tive change; new Hennepin County rpec!al levy levy could be property trx possible opposed; local opposition likely; plan implesenta- tion problematic Coastltuency Renistance Existinr sources-- Existing agency Wider plin.ning base; Transfers to new of existing likely tax distrlc..3 of sources include simplified struc- agents could open agencies— responsible county property ture uses existing them to legls- Her.n. County, agencies t♦-, special funds authorized in lative change; 3HRFD, MCMD 1e1,7--SHRPD A MCWD, large part; uses local opposition; plus boatlag safety existing agencies muss secure neu from state and authorities agency acceptance MIXUP%-- Metropolitan No u I:ANN SIG- Council, LMCD (Lib F.fi --AgM MLINIA- TION CRITICAL Metropolitan Within ARIA Cornell, gnviron- designated MIGNA- stntal Quality area directly, TIA Noerd, �,rrnar, in greater LMCD, sunlcipallties area of inter- est indirectly ------------------------ ;.KD ►Anus- Metropolitan LMEDO JnaER ^;s'.-i; -1th AP&NDEZ• LMCD reg! -sal PLAN/ sdvicel PROGLIS ,iM: arR snug iP,T air rr F!S No change No changs No change No change No change ~O Resistanoe Existing sources, To be determined If designated: Limited certainty A ikely plus ata;.*, LMCD in plan; no change Plans will be iapie- of designation.; or 7, Plus until then sented; wider no funds available appropriation planning base at this time; if likely; state may Council is p:an sake planning funds 000rdlnat- • available; Council burden on could set planning work plan gals Reslstance low LMCD--nw change, LMCD--no c'lange. Local acceptance! Poor record of plus local ;larning except as plan un,es existing action; -�o fund loan may re^a+aend structure; minimal certainty of plan Council !nvrlvea nt implemer.: •ticn