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HomeMy WebLinkAbout05-09-1988 - Agenda Packet City Council - regular meetingAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 9, 198e, 7:96 P.M. (*) Asterisk items are considered to he routine items to be enacted upon by one motion by the City Council under the Consent Itf:m* o,i the agenda. Discussion will be held upon request. Memos regar(,;rg each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. �' {�'r"j� ROLL CALL ' `fir `• i�Ii 1. CONSENT AGENDA` 2. Award of Commendation - Resolutions 6i1..i:t1j Larry Tomcheck W James Morowczynski APPROVAL OF MINUTES * 3. Regular Meeting of April 25, 1988 * 4. Board of Review Meeting of April 27, 1988 PLANNING COMMISSION COMMENTS - Charles Kelley Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT S. #1129 Todd Waters, 3061 Casco Point Road - Final Site Plan * 6. 01174 Craig Anderson, 375 Leaf Street/3300 Bayside Road - Final Plat Approval - Resolution 7. 01218 Estate of. Ruth Smith, 387 Orono Orchard Road - Subdivision - Resolution * 9. 11232 Betz Aui biers, Inc./Clemec C. Krol 1, 60/100 Stubbs Bay Road - Final Subdivision - Resolution 9. #1254 Trinity Lutheran Church, 2060 Sixth Avenue North - Conditional Use Permit - Variance - Resolution 1.0. 01255 Orville Fischer, 1991 Fagerness Point Road - Variance - Pesolution 11. 41256 Metropolitan Waste Control, County Road 84, 51 and 19 - Conditional Use Permit - Variance 12. 11259 William Odden, 1450 North Shore Drive - Variance - Resolution 13. 41260 John Nyquist, 1432 Baldur Park Road - Variance - Resolution 14. 11262 Curt Hagfors, 1412 Baldur Park Road - Variance - Resolution MAYOR'S REPORT 16. Planninc, Commis:;ion Appointment CITY ADMINISTRATOR'S REPORT 17. Propo!7e.1 :,ale of Property - Pheasant Road 18. Navarre Parking - Designated 2 Hour Limited Parking 19. Animal Control Regulations 20. Affirmative A-tion 21. County 15 Lighting - Cost Estimate 22. Ordinanco Amendment - Noisy Parties 23. Ordinanre Amendment - Feedinq of waterfowl * 24. Equipment Purchase Golf Course * 25. Westonka Puhlic School District Recreational Facilitips Master Plan * 26. Metropolitan Waste Control commission F.asc,ment * 27. hoard of rr_view - Wednesday, May 18, 1988 - 7:35+ P.M. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 9, 1988, 7:99 P.M. CITY ADMINISTRATOR'S REPORT CONTINUED *28. Salary Adjustment - Kurt Frickson *29. Commendation - Resolutions *30. Spring Clean Up Report - Day 1 *31. Wayzata Inspection Contract *32. Administrator's Information 1535 Bohns Point Road DARE ?'rogram City Facilities - Site Analysis Minnesota City Managers Conference Comprehensive Plan Amendment Marina Licensing >als and Objectives CITY ATTORNEY'S REPORT 33. Recording Requirements - Open Meeting Law LICENSES (34*) BILLS (35*) ADJOURNMENT LNG MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 ATTENDANCE 7: 0 0 P.M. f �� ( The Council met on the above date with, ;Lh4;-fe..1 N 1 ng members p: eserjt: Mayor Grabek, CounC,41 *64r'h � 9'ime, Peterso:i, Goetten, and Callahan. The following represf:nted the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Police Chief Kilbo, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were also present. CONSENT AGENDA* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Consent Agenda subject to removal of the following item: t20-Salary Adjustment - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. RESOLUTION OF RECOGNITION CHIEF MXLVIN KILBO Mayor Grabek introduced Chief Mel Kilbo, Lt. Gary Cheswick, Officer Chip English, and Officer James Morowczynski who were present for this matter. Officer English read and presented a Resolution on behalf of the City Council together with the members of Chief Kilbo's department for outstanding service to Chief Kilbo in recognition of his excellent work, not only in development and execution of the drug program, but also for his many years as Police Chief. HIGHWOOD ROAD AREA STORM SEWER PUBLIC HRARING 7:04-7:34 The affidavit of publication and certificate of mailing was noted. City Administrator Bernhardson explained the that the purpose of the public hearing was in response to a petition submitted last fall by residents in the Highwood area concerning the stormwater problem, principally focused on the severe storm last summer and previous drainage problems in the area. Two alternatives have been determined to best solve the problem based on the feasibility study done by the City Engineer. These alternatives are as follows: I. Construction of a 21" storm sewer pipe down an existing alley east of Lot 11 to the lake. II. Construction of a 21" storm sewer pipe along the alignment of the existing pipe to the lake. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 HIGHWOOD ROAD STORM SEWER CONTINUED City Engineer Cook reviewed the alternatives estimated project costs as follows: Alternative I - $19,500 Alternative II- $25,000 He noted that Ilternative II has problems with high driveways. He also explained that street modifications on Highwood Road were also considered, consisting of placing a variable thickness bituminous surface with a berm curb to control the runoff. Estimated cost for this would Le $8,250. City Engineer Cook reviewed the drainage area consists of approximately 8.6 acres, within which properties are proposed to be assessed for the project. Public Comments - Jan Ackerberg, 4075 Highwood Rd., questioned the fact that some of the drainage was coming from an area on the other side of County Rd. 19 outside of the 8.6 acre area studied. City Engineer Cook indicated that that particular area drains to a pond location to the north. Jan Ackerberq asked if the impact on water quality from a storm sewer has been addressed? City Engineer Cook stated there would be an inlet control structure but it would not filter out oil, fertilizer, etc. that would be transported to the lake in the drainage water. Councilmember Goetten felt that this went against the Ci.ty's policy of preserving water quality by limiting direct water runoff to the lake. City Engineer Cook noted that the proposal would not change the existing runoff into the lake, it only speeds up the process to reduce the ponding period. Jan Ackerberg stated that this was never a problem prior to Mr. Sauer's improving his undeveloped yard area that was always used as a drainage area. Now the problem is passed on to the other neighbors. He is very opposed to running more "crud" into the lake. City Administrator Bernhardson noted that the impact on water quality may be slightly lessened by Alternative II because of the retention time going through the storm sewer, however, all the water will eventually go to the lake. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 HIGHWOOD ROAD STORM SEWER CONTINUED Mr. Ackerberg stated he was opposed to any alternative involving the dumping of 8 acres of drainage into the lake. City Engineer Cook stated the other alternatives would be to leave as is, or possibly purchase or obtain easements over certain properties to allow ponding which will help control the rate of discharge, but again, a 1 1 the water will eventually go to the lake. Glen Sauer, 4104 Highwood Rd., explained the problem with the constant flooding of his yard area. Jim Touve, 4196 North Shore Dr., did not feel that the water problem should be blamed on the properties at the top of the hill, nor is it the neighboring property owners problem to solve the matter of running pollutants into the lake. John Theoba ld, 4017 North Shore Dr., stated that 30 years ago the private drainage pipe was installed, but he has no idea how the pipe under Highwood Rd. to the private pipe came to be. Jan Ackerman stated that the pollution and water control agencies have suggested a holding area. He noted that he plans to legally fight against any dumping of "crud" into the lake. Mayor Grabek asked City Engineer Cook if he had any costs on the alternative of a retention pond? City Engineer Cook stated he did not have any costs involving a retention pond easements. He noted that the proposed plan is only meant to handle moderate rainfalls and that Mr. Sauer's property will still retain water at tines. Regarding the two proposed alternatives, both will create about the same amount of property disruption, noting that Alternative II is more costly because it is a longer route. Counci.lmember Sime noted that the route for Alternative I is along an existing alley to the lake already owned by the City therefore, no easements would need to be acquired for this alternative. City Engineer Cook concurred but noted that temporary easements would need to be obtained for the construction to be done. Curt Quady, 1223 Brown Rd. S., questioned the costs to the City of Orono listed in the proposed cost sheets. 3 M"•':�?`BS OF THE REGULAR ORONO COUNCIL AEETING HELD APRIL 25, 1988 HIGHNOe' DAD STORM SPURR CONTINUED Public Works Director Gerhardson stated those costs were for the City owned property in the Hi_ghwood area. There were no more comments from the public on this matter and the public hearing was closed. Counci lmernber Goetten asked if the petition contained 35% of th•e affected property owners. Public Works Director Gerhardson responded that the petition did meet the 35% petition requirement. Councilmember Peterson noted that .i of the 7 petitioners were not listed in the proposed assessment cost sheets. It was need that after the feasibility study was done, it was determined that these three properties did not directly affect the drainage area. City Attorney Barrett explained that the 35% petition requirement only affects the final vote percentage to order the actual study to be undertaken. Councilmember Sime did .got feel that the actual prcblem of ponding had been addressed in this study. Mayor Grabek felt that the impact on water quality needed to addressed further. It was moved by Mayor Grabek, seconded by Councilmember Sime, to table this matter until the May 25th Council meeting for further information and consideration. Councilmember Goetten asked if the motion included any further feasibility studies? Mayor Grabek responded no, however more costs may be incurred to determine the water quality information. Councilmember Sime asked if a ponding area could be provided on the City property to help alleviate some of the -.- -iinage? City Engineer Cook was doubtful that this would be feasible. He noted the area that would be the most effective ponding area. Public Works Director Gerhardson also noted that many trees would need to be removed and major land alteration would need to be done to provide a pcnding area on the City owned property. Motion, Ayes 5, Nays 0. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 APPROVAL OF MINUTES* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the Minutes of the April 11, 1988 Council meeting as submitted. Motion, Ayes 5, Nays 0. LAKE MINNETONKA CONSERVATION DISTRICT REPORT LMCD Representative Jo Ellen Hurr was present for this matter and reported on the following issues: Metro Council Review_- The Parks and Open Space Committee has forwarded the report without a recommendation. She noted the critical area designation regarding control of the 75' lakeshore area. The Metro Council Systems Committee did not come up with a recommendation that passed, so a meeting has been scheduled with them on May 5th at 7:00 PM at the FWBI to discuss further. Executive Director Selection - 108 applications were received, reviewed, and reduced to 12 applicants. These 12 applications will be reviewed at the next board meeting and hopefully reduced to 6 applicants before interviews are scheduled. She noted that Mr. Mixa will continue on as Executive Director until the selection has been made. Lake Minnetonka Park Issue - She stated that there has been no news on the Big Island park issue. She noted that the I.MCD previously passed a resolution in favor of a regional park on Lake Minnetonka which does not relate in any way to an overide of the Big Island Veterans Camp property. Minnehaha_Creek_ Watershed_ District_RePort__ Hurr reported on the status of Gayles Marina and Maxwell Bay Marina ir regard to the lift station. She noted that there is not an LMCD representative on the Watershed District but have had alot of support from the DNR. Lake Minnetonka Water Patrol - Currently there are 3 full time patrol officers and the water patrol are always eager for reserve officers. New radar equipment has been purchased for their use. PUJNUC COMMENTS Gary Printup, 1261 Briar Street, read the statement per Attachment A. No discussion followed. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 ZONING ADMINISTRATOR'S REPORT: #1169 MBAR ENTERPRISES PARTNERSHIP• 2950 WATERTOWN ROAD FINAL SUBDIVISION RESOLUTION #2412 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2412 approving the Plat of Rolling Meadows 2nd Addition. Motion, Ayes 5, Nays 0. #1169 WEAR ENTERPRISES PARTNERSHIP 2950 WATERTOWN ROAD ROAD NAME REQUEST It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following road names within the plat of Rolling Meadows 2nd Addition per staff recommendation: Wear Lane North (north/south road) Wear Circle (east/west road) Motion, Ayes 5, Nays 0. #1211 GERALD NESLUND/JAMES McCAFFREY 1225 ORONO OAFS DRIVE CONDITIONAL USE PERMIT/VARIANCE RESOLUTION #2413 City Administrator Bernhardson reviewed the request to amend the previous approval, to allow development of a driveway through the adjacent lot at the edge of the wetland to serve a new residence. He explained that Gerald Neslund, owner of Lot 8 and one of the developers of Orono oaks, initially in selling Lot 7 to the McCaffrey's refused to grant them an easement over Lot 8 for driveway purposes. However, since the McCaffrey's are experiencing major problems in development of a driveway through the wetlands, Mr. Neslund has ,greed to such an easement. He noted that although this has the affect of dividing_ the existing lot on which the house is already built. reducing it down to 1.5 contiguous acres, it has no impact on the septic system. It was also noted that at one point the driveway comes within 26' of the wetlands. Mrs. McCaffrey was present for this matter and stated they were agreeable to staff's recommendation with exception to the condition that the sand be removed from the failed driveway by July 1st, requesting an extension to October 1st. Assistant Zoning Administrator Gaffron stated that City Engineer Cook has reviewed this request and concurs with the October date, but recommends maintaining a fence At the entrance. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 17211 NESLUND/NCCAPPREY CONTINUED It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2413 approving the request and amending the date as requested above. Motion, Ayes 5, Nays 0. #1233 MICHAEL HALLEY HOMES INC. 2715 PEACE LAME COW.+ITIONAL USE PERMIT/VARIANCE RESOLUTION #2414 Michael Halley and Architect Larry Kohlmeyer were present for this matter. City Administrator Bernhardson explained the request for land alteration within the 0-75' lakeshore area to replace retaining walls destroyed in the July 1987 storm. For Council's information, he explained that the proposal for a new house has been r-vised (per Planning Commission's direction) to keep the house from encroaching the 0-75' and average lakeshore setback; and change the proposal for a drainage pipe to an alternative method requiring no land alteration in the 0-75' area. Mr. Halley noted that they do not plan to do anything other than the proposed restoration work within the 0- 75' setback area. Councilmember Callahan was under the impression that the Planning Commission would review this application again prior to Council review. City Administrator Bernhardson explained that the second revision of this plan was considered at the Planning Commissic,n's March meeting and, according to the minutes of that meeting, Planning Commission's only objection was the drainage pipe within the 0-75' area which has since been eliminated. It was then sent to the April Planning Commission meeting basically for their information only, however, because a representative of Halley Homes was not present at this meeting, Planning Commission refused to discuss the matter. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution i2414 per staff recommendation as proposed. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 # 12 4 4 DALS PALM 1710 SHADYNOOD ROAD VARIANCE rEN I AL RE8oLl1TION f 2 415 City Administrator Bernhardson explained the request of the applicant to keep structural and non-structural hardcover scheduled for removal as a cnrdition of approval for variance application #1006 approved by Council in March 1986. Planning Commission recommended denial of the request including rejection of staff's recommendation to allow the bulk -head door to remain and to possibly allow additional paving not to exceed 30% within the 75-250' setback area to provide greater manueuverability. Chris and L)ale Palm were present for this matter ano explained the problems they encountered with their contractor and his actions on their behalf during the first review that were not in their best interest. They noted that the garage they are requesting to retain is consistent in location with other properties in the neighborhooa. Mayor Grabek found no problem with allowing the bulk- lioad door to remain, but felt "a deal is a deal" and tLat the previously agreed upon conditions should be enforced. it was moved by Mayor Grabek, seconded by Councilmember Goetten, adopt Resolution #2415 denying the request to retain the garage amending it to allow the bulk -head door to remain. Councilmember Goetten stated that the Council and Planning Commission originally granted variances for this property in good faith and felt that this good faith should be reciprocated by the applicants. She referred to the City's ma or conce.n regarding hardcover. Councilmember Sime agreed with Councilmember Goetten. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCII. 14BETING HELD APRIL 25, 1988 #1264 TOM SMIEJA 20 CYGNET PLACE VARIANCE RESOLUTION #2416 Tom Smieja was present for this matter. City Administrator Bernhardson explained the request for a lot area variance to construct a new house. Planning Commission recommended approval per staff's findings. It was moved by Councilmember Goetten, seconded by Councilmember Sime, to adopt Resolution #2416 approving the lot area variance as presented. Motion, Ayes 5,Nays 1 0. ENGINEER'S REPORTt .'OODBILL ROAD PLANS AND SPECS RESOLUTION #2417 City Administrator Bernhardson stated that this matter was tabled at the last Council meeting because the motion for approval resulted in a 2-2 tie vote. Because of this delay, if this is approved, the bid opening date would be changed to May 20, 1988. It was moved by Mayor Gra':)ek, seconded by Councilmember Callahan, to approve the Plans and Specifications for Woodhill Road and authorize the City Engineer to advertise for bids with a bid opening on May 20, 1988 and to designate May 23, 1988 as the assessment hearing and bid award date. Motion, Ayes 3, Nays 2. Councilmembers Goetten and Peterson doted ray. Motion carried. Councilmember Goetten stated that she has been oppr.sed to this project since the beginning because she felt it has never been proved that the upgrading of the road was warranted; and if it was in fact needed to be upgraded, the developer should hav- incurred all the costs. She also noted the viable access to Woodhill Country Club. Councilmember Peterson stated she voiced her objections at the last vote. MAYOR'S REPORT: PLANNING COMMISSION IVPMIXWS The Council conducted interviews with the following interested candidates for the vacancy on the Planning Commission: Sara Moos, 2160 Webber Hi 1 la Road - She has been a resident of Orono for over 5 years and grew up in Deephaven. She is interested in the position because she is concerned with keeping the rural relaxed healthy environment of Orono and with the preservation of the lake. She feels that she has the time and energy to devoto to the Planning Commission. 4 MINUTES OF THE REGULAR ORONO COUNCIL MEZTING HELD APRIL 25, 1988 PLANNING COMMISSION INTERVIEWS CONTINUED Robert L. Minkema, 3200 Bayside Road - tie is a recent new resident of Orono, however attended the Orono schoo 1 s. He enjoys the rural atmosphere of Orono and wishes to retain this feeling for his children. His background is working as a CPA and has had experience in the finance aspect of some local governments. Stephen M. Johnston, 900 North Shore Drive - He is a new resident of Orono. He is a registered professional Engineer in the State of Minnesota and works primarily with developers which gives him a good technical background for the Planning Commission. He also enjoys the atmosphere of Orono. He noted that he worked for the City of Maple Grove for 5 years. Lester Kel.Lty 2135 Colin Drive - He has lived in Orono all of hi; fife. He has served on the Orono Park Commission for 1� yea, He would like to continue to see the growth of O: -,.io maintained. He ownF nursery and landscape service in Orono. Curtis Quad , 1223 Brown Road South - He has lived in Orono for 60 years and has watched it grow in both good and not so good ways. He is concerned with the granting of excessive variances and would like to see the comprehensive planning of Orono maintained. He stated that time is no problem for him. Dale A. Christensen 2750 Casco Point Road - He was not present or *.hose interviews. Councilmember Goetten stressed to the applicants the time and responsibility involved in serving on the Planning Commission. All of the applicants present stated they were aware of the time and duties involved and felt they could fulfill this ohl7 ration. It was moved by Mayor Grabek, seconded by Councilmemher Goet�en, that the Council table selection cf a candidate until the May 9, 1988 Council meeting. Motion, Ayes 5, Nays 0. WAYZATA COMMUNITY EDUCATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that Mr. Walter Gerber be the appointee for the City of Orono to the Wayzata Community Education Board. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 ADMINISTRATOR'S 88--89 GOAL SETTING AND COMPENSATION Goal Setting - Councilmember Goetten asked about the status of the marinas. City Administrator Bernhardson stated that Assistant Planning & Zoning Administrator Gaffron is currently working on this. Councilmember Peterson asked about the status of the Stubbs Bay sewer is:;ue. City AdministLator Bernhardson stated that Ci•- Engineer Cook is working on the cost.-, for up'ai-.&ng the feasibility study done in 1983. It was moved by Mayor Grabek, seconded by Councilmember Sime, to accept the Administrator's 88-89 Goal Setting guideline and strategy. Motion, Ayes 5, Nays 0. Compensation - Mayor Grabek addressed the compensation review of City Administrator Bernhardson.. Based on the discussions between the I" unci1• City Administrator Bernhardson, and other staff members, tie felt that the City of OT-Dno has benefitted positively from the performance of City Administrator Bernhardson since he startid three years ago. To maintain the Citv's f isca i and judiciary responsi of 11 tiers, he recommvided a compensation increase for City Adminis, -ator Bernn,:rdson that is consibtent with the past. It was moved by Mzycr Grabek, seconded by Councilmember Goetten, to approve a 6% compensation increase for City Administrator Bernhardson for the period of 1 May 1988 - 30 April 1989. Counc.lmember Goetten stated that based on discussions wfh various staff members and her experience a!F� a Councilmember for the pas* year, she fe'.t the amity of Orono was lucky to have City Administrator Bernhardson and publicly thanked Mr. Bernhardson. Motion, Ayes 4, Nays 1. Councilmember Peterson voted nay referring to her opposition last year in this matter. Motion carried. MINUTES OF THE. REGUL. ORONO COUNCIL MEETING HELD APRIL 25, 1968 CITY ADMINISTRATOR'S REPORT: CITY PROPERTY/SALE AND BASEMENT - PHEASANT ROAD City Administrator Bernhardson reviewed the issue of granting access to Pheasant Road to three properties through property owned by the City. This matter was tabled at the last Council meeting pending informati,.4, regarding the possible sale of the property to these property owners rather than granting easements. He explained how staff has determined the fair market value of the property. Staff recommends that the City sell the property to Mr. Messer of 2673 Pheasant Road and he may grant legal easements to the other two property owners if he chooses to do so. Mayor Grabek felt that the sale of the property to only Mr. Messer could cause problems for the other two property owners. Ceuncilmember Callahan agreed with Mayor Grabek and felt that all three property owners should be involved in the sale. He suggested that Mr. Messer grant legal easements to the other property owners prior to the final sale to Mr. Messer. It was moved by Councilmember Callahan, seconded by Mayor Grabek, that the Council direct staff to undertake appropriate negotiations for the sale of the property at a price the City determines appropriate plus purchaser paying all legal, survey and other expenses, sjbject to protecting the rights all three property owners. Motion, Ayes 5, Nays 0. COUNTY ROAD llu - REQUEST FOR RESOLUTION City Administrator Bernhardson reviewed the request from the City of Medina to adopt a resolution supporting the construction of County Road 116. Based on the substantial opposition voiced by --Lono residents at the public hearing held last year, staff recommends that the Council, on a preliminary consideration, to transmit a letter to the City of Medina indicating that it presently is not interested in supporting the resolution. City Administrator Bernhardson introduced the Mayor of Medina, Tom Anderson. Mayor Anderson stated that the City of Medina is in favor of County Road 1 1 6 he i nq completed through Me, Tina to Hiqhway It and asks the Orono City Council to consider their request. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 COUNTY ROAD 116 CONTINUED Mayor Grabek supported s:.aff's recommendation on behalf of the Orono citizens -.nu hoped that this action would not jeopardize any relations with the City of Medina. It was moved by Mayor Grabek, seconded by Councilmember Peterson, that staff be directed to indicate to the City of Mediae r: •+citing its desire not to endorse the proposed ution regarding County Road 116 and encour-igp to to work with the County to terminate County at County Road 24. Motion, Ayes 4, Nays 1. co, er Goetten voted nay finding that Orono needE-, at another north/south road from Hwy. 12 1-.0 Hwy. She felt that the comprehensive plan amendme affect this issue and felt the Council should re•: ipen in this matter. Motion carried. 'COUNTY k(4,..) 15 STREET LIGHTING - DESIGN ENGINEER REPORT Citv Administrator Bernhardson reviewed the changes in costs based on the outcome of the feasibility study. Design Engineer Bob Ehlers of Ehlers and Associates was present for this matter. He stated that he found the bids to be reasonable and noted that the original bid did not include lighting through Minnetonka Beach. It was moved by Councilmember Callahan, seconded by Mayor Grabek, that the City set May 23, 1988 as the public hearing date for asessing $97,000 in street lighting costs with the balance to come out of MSA/General funds. Motion, Ayes 5, Nays 0. MOBILE PEDDLER 'RDINANCE* ORDINANCE NO. 50, SECOND SERIES It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council adopt Ordinance No. 50, Second Series as an amendment to Ordinance No. 5.30 to regulate select classes of solicitors. Motion, Ayes 5, Nays 0. RESOLUTION OF RECOGNITION* i RESOLUTION #2411 It was moved by Councilmember Sime, seconded by Counci.lmember Peterson, tc., adopt a Resolution of Recognition of Chief Melvin Ri lbo. Motion, Ayes 5, Nays 0. PRMLAMATIOM - MINNESOTA CITIES WXKK* RESO LUT I ON 12 4 18 It as moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #24.8 proclaiming May I - 7, 1988 as Minnesota Cities Week. Motion, Ayes 5, Nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 SALARY ADJUSTMENT - CAROL HANSING Councilmember Goetten noted an error in the salary increase amount indicated in the introduction of memo. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, that the Orono City Council approve the increase for Carol Hansing (part time Police clerical) from $8.193 to $8.648 per hour effective April 12, 1988. Motion, Ayes 5, Nays 0. RESIGNATION - JEROME SMITH* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Orono Council acknowledge the resignation of Jerome Smith and direct staff to undertake the process to employ a person in that position subject to subsequent Council approval. Motion, Ayes 5, Nays 0. KMUW OF REVIEW - APRIL 27, 1988* It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council accept the information presented for the Board of Review on April 27, 1988 at 7:00 PM. Motion, Ayes 5, Nays 0. RZMDVAL OF WEIGHT RESTRICTIONS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to removed the axle weight restrictions on City streets effective April 26, 1988. Motion, Ayes 5, Nays 0. WILLOW DRIVVNIGHWAY 12 SIGNALIZATION* RESOLUTION #2419 It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council adopt Resolution #2419 encouraging the Department of Transportation to install a temporary signal at the intersection of Willow Drive and Highway 12 and to forego the installation of a flashing signal for a cost of $5,000.00. Motion, Ayes 5, Nays 0. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to accept City Administrator Bernhardson's information regarding: City/School District Intervention Agreements, Teri Naab, and Waterfowl Control Amendments. Motion, Ayes 5, Nays 0. CITY ATTORNEYS REPORTt City Attorney Barrett had no report. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 LICENSES• It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Solicitors License - The Rose Man, Al Penke Septic System Installers - Elmer J. Peterson Co. Garbage and Refuse Collectors - R & W Sanitation Redepenning Services Motion, Ayes 5, Nays 0. BILLS* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. 11DJ00 T 9t20 P.M. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adjourn the regular Council meeting at 9:20 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City C—T—e—rli James R. Gra e , Mayor 15 _ ATTACIIMENT A - Page 1 of 3 Cou>7el'l /%3����►�� C'ounc.il Minutes dated 4/25/88 Mit. MAYOR, LADIES ANU GEVTLEME14: I AM IIERE 'TONIGHT, AND I LUST SAY SADLY S0, TO REMIND YOU, THE ELECTED OF'F'ICIALS, LiEML'ERS OF `i'liE CITY STAFF, r1NJ TIE CITY ATTORNEY, FOR INADVERTENTLY DENYING THE PUBLIC ITS ABILITY TO KNOW INFORNWT ION WHICH HAS SEEN SEQUESTERED IN THESE CHAMBERS, UNDEh YOUR BROAD IN`I'EiiPRI- TATION OF THE USE OF EXECUTIVE SESSION. I REFER TONIGHT, SPECIFICALLY, TO THE PENDII14G ISSUE OF THE DISCUSSION TO ANNEX TILE CITY OF LONG LAKE INTu THE CITY OF ORONO. I WOULD NOT BE HERE TONIGHT IF THIS ISSUE HAD ARISEN IN THE NORMAL ARENA 0PUBLIC DEBATE; BUT TO HAVE EXPENDED PUBLIC FUNDS, INADVERTENTLY A.; IT I,+1IuHT HAVE BEEN, VIOLATES THL MINNESOTA OPEN MEETING LAWS PROVISION OF 1!XCEPTION. THE DISCUSSION OF :HL ISSUE OF ANNEXATION ALONE, RAISES (ZJESTION OF WHY IT MUST BE KEPT SECRET FhOM THE PUBLIC. PERHAPS IT TAKES A PRIVATE: CITI=4 SUCH AS MYSELF TO REMIND YOU OF MINNESOTA STATUTE 471.705, AL60 KNOWN AS ` di- "MINNESOTA OPEN MEE P ING LAiti . " SUBDIVISION 1. OF THIS STATUTE STATES THAT: "Excopt as otherwisu expressly provided by statute, nil meetings, including; oxecutive sessions, sf any state agency, U—oard, commission or department when required or permitted by law to transact public business in a mooting, and the governing body of any schol district howover orgonized, unorganized territory, county, city, town, or other public body, and of any committeeg sub committee, board, de?artment or commission thereof, shall be opon to the public, except meetings of the board of pardons and the commissioner of corrections. The votes of the members of such stA.e agency, board, commission or department or of Such governing body, committee, sub ncv-ittee, board, department or commission or any action taken Ir meoting heroin required t:) be open to the public shall be Jed in a journal kept for that purpose, Mhich journal be open to tho public during all normal Lusiness hours ov such records are kept. The vote of each member shall be rec.ordod on ouch appropriatlon of money, except fc:r paymonts of judgements, claims anI amounts fixed by statute. This sec- t on shall not apply to any stato agency, board, a' commission when exerciaing (ivasijudicial functions invobving diciAlinary proceedings." *MURE.> ATTACHMENT A - Page 2 of 3 Council Minutes dated 4/25/89-- SUBDIVISION 2. "Any person who violates subdivision 1 shall be sub- ject to personal liability in the form of a civil penalty in an amount :lot to exceed $100 for a single occurrence. ..... Upon a third violation by the same person connected with the setae governing body, such person shall forfeit and further right to serve on such governing body or in any other capacity with such public body far a period of time equal to the tei of Office such person was then serving. ......'l TH:: SUPREME COURT JF MINNESOTA, ON SEPTEMBER 17, 1976, D&TER- MINED THAT THE MINNESOTA OPEN MEETING LAW IS NOT INCONSIBTE14T WITH THE ATTORNEY -CLIENT PRIVILEGE ANU THE TWO CONCEPTS ARE CAPABLE OF COMPATIBLE AND CONCURRENT OPERATION, ASSUMING THAT THE PUBLIC OFFICIERS AN-) ATTORNEYS DO NOT ABUSE THEIR TRUST BY EXTENDING THE PRIVILEGE, AS A MERE CONDUIT TO SUPPRESS PUBLIC OBSERVATION OF THE: DECI11ON MAKING PROCESS. THL ATTORNEY -CLIENT EXCEPTION TO MINJESOTA OPEN i&z72ING LAW WILL ALMOST NEVER EXTRND TO MERE REQUEST FOR GENERAL LEGAL ADVICE OR OPINI,)N BY PUBLIC i3ODY IN ITS CAPACITY AS PUBLID AGENCY. IN FACT, .TUS'rICE SCUTT oTATED THXi' "Public board members, sworn to uphold the law, may not arbitrarily or unnecessarily inflate confidentiality for tho purpose of de t'lating the spread of the p blic meeting law. Neither the attorney's presence nor the gappenstance of some kind of lawsuit may serve as the pretext for secret consultations whose revelation will not injure the public interest. To attempt a generalization embracin& the occasions for genuine confidentiality wound be rash. ..... IN LIGHT OF THE PARANonEi.� SET FORTH IN THE MIANESOTA OPEN MEE'TIDG LAW, I INSIST AND DE."='A;LiD THAT YOU IMMIMIATELY DISCLOSE ALL INFORMATION TO THE: PUBLIC REGARDING YOUR DISCUSSIONS, 'VOTES, AND AUTHORIZATION OF EXPENDITURES F PUBLIC FUNDS FOR THL INVESTIGATION OF ANNEXING T:iE COMMUNITY OF LONG LAKL INTO THE CITY OF ORONO, A14D HERETO FORWARD, PROVIDE THE PUi0LIC WITH STATUTORY ADVANCE NOTICE: OF *MORE* ATTACHMENT A - Page 3 of 3 Council Minutes dated 4/25/88"' SPECIFIC AGENDA ITEMS THAT ARE; TO BE DISCUSSED IN EXECUTIVE SESSION ALONG WITH THE SPECIFIC MINNE".')OTA STATUTE THAT YOU ARE USING TO "clearly preserve the integrity and applicability of the attorney - client privilege." IF SUCH SPECIFIC STATUTES CANNOT BE FOUND, THAN ALL SUCH ITEMS 'BUST EE PLACED INTO DISCUSSION IN OPEN PUBLIC FORUM. 11AR. MAYOR, LADIES AND GENTLEMEN, THANK YOU FOR YOUR ATTENTION AND YOUR TIME THIS EVENING. Gary M. Printup Orono 5288.1 Z.+JU,''t1l,, M!if!NG 1988 BOARD OF REVIEW APRIL 27, 1988 �.ffY OF Wife, The 1988 Board of Review as cal led to order by Mayor Grabek at 7: 00 p.m. i n the Counc i I Chamber s. The following Counc i lmembe rs were present; Gotte-, Sime, Peterson and Callahan. Also present were City Administrator Bernhardson, City Assessors Rolf Frickson, David Wilde and Rita Guderian, City Clerk Hallin and Glen Busitzky representing the County Assessor's office. Mr. Frickson provided a tape/slide presentation for the audience that described the Assessor's function and the process involved in arriving at the market value of property. Mayor Grahek asked Mr. Erickson to briefly make comments Legat-ing the market values in the City of Orono and answered general g4estions from the audience. Mr. Erickson stated to the Mayor and C-)uncil that he did not bring all the property records to the meetii.q. In addition he stated that there were still some property owners he was unable to contact before tonight's meeting because of the large number of persons who had contacted him requesting rc-valuations. lie suggested that the Council instruct him to review the property of pers-)ns appearing before the Board tonight and that this review be brought back to a reconvened meeting of the Board. The following persons appeared before the Board: 1. Dan anJ Jeanne Kelly, 860 Windjammer Lane P.I.D. 07--117-23 11 0011. Mr. Kelly stated he was one of the persons that Mr. Erickson was unable to contact before the Board meeting and he still wanted the revaluation. Council directed the Assessor o review this property. 2. Gary and Barb Schauer, 4195 tiighwood Road P.I.D. 07 -23 44 0022. Mr. Schauer state(' that his 1988 va 1 ua had been reduced to $ 1 55,900 by '<i ta, but he felt the neighboring property was a ietriment to his property. Council directed the Assessor to review this property. 3. Charles Affias, 1404 Baldur Park Road P.I.D. 08- 1 17-23 34 002.2. Mr. Af f ias requested a revaluation of his property. Council directed the Assessor to review this property. 4. Winslow Mankin, 2560 Old Beach Road P.T.D. 2 1- 1 1 7-2 3 22 A0 10. Mr. Mank i n requested a revaluation. Council directed the Assessor to review this property. S. Kenton Carlson, 3498 North Shore Drive and 3490 North Shore Drive 1 P.I.D. 08-117-23 43 0015 and 08-117-23 43 0014. Mr. Carlson stated that he had requested a review of his property. Council directed the Assessor to review these properties. 6. Newell Weed, 1385 Orono Lane P.I.D. 02- 1 17-23 34 9003. Mr. Weed had requested a revaluation prev,ous to the Board's meeting. Council Directed the Assessor to review this property. 7. Gerald and Barbara Nelson, 1629 Bohns Point Road P.I.P. 17- 1 17-23 11 0005. Mr. Nelson stated he would like a review of his property. Council directed the Assessor to review this property. 8. Gordon H. Ritz, 1080 West Ferndale Road P.I.D. 02-117-23 43 0011. Mr. Ritz stated he was concerned about the valuation of this parcel, which is across the road from his homestead and is his lake access. He stated the valuation went from $1,000 in 1987 to $30,000 in 1988. Mr. Wilde stated he would like to know if this property is independent from the homestead parcel or if in fact it could never be sold as a separate parcel. Council directed the Assessor to contact the City Zoning staff and to review this property. 9. Alvin Glover, vacant lot on Casco Point Road Mr. Glover stated this lot was unbuildable and requested a lower market value. Council directed the Assessor to review this property. 10. Mark Raveling, 130 Brown Road South P.I.D. 03-117-23 34 0051. Mr. Ravel ing left his name, address and phone number for the Assessor. Council directed the Assessor to contact Mr. Raveling and review his property. 11. John Quam, 3760 Northern Avenue P.I.D. 17-117-23 33 0087. Mr. Quam requested a revaluation. Council directed the Assessor to review f-his property. 12. Paul F. Taylor, 3883 Cherry Avenue P.I.D. 08-117-23 33 0087. Mr. Taylor stated he found it confusing to live in the City of Orono, being in the Mound School District and having a -nailing address of Mound. Mayor Grabek statmd that situation was not uncommon in this area and that Orono had tried to get an Orono zip code, but was unsuccessful. City Administrator stated Mr. Taylor should rontact the City Clerk for information regarding the school district lines. 13. Gary F.klof, 1965 Fagorness Point Road P.I.D. 18-117 21 14 0019. Mr. Fk1of stated his house had no basement, was thr worst looking house of the street and requested a revaluation. Council directed the Assessor to review this property. 14. G. Mary Kaster, 585 Brown Road South P.I.D. 03-117-23 31 0093. Mrs. Kaster stated this property had belonged to her mother-in-law and she was curious as to why the 1988 market value was lower than the prev ious year. She also stated the property had been sold in the summer of 187. Mr. Wilde stated that the new owner of the property should have received the 1988 market valuation notice. He stated he would call Mrs. Kaster and review the valuation with her. 15. Norma Dickey, 4425 North Shore Drive P.I.D. 07-117-23 34 0003. Mrs. Dickey requested a revaluation. Council directed the Assessor to review this property. 16. Lto Bullock, 2940 Casco Point Road P.T.P. 20-117-23 31 0035. Mr. Bullock stated he lived on a cu;e and felt that his property was not as valuable as prope:*v with lakeshore on a bay. Council directed the Assessor to review this property. 17. David S. Lewis, 220 Wakefield Road P.I.D. 36-118-23 31 0010. Mr. Lewis requested a revaluation of his property. Council directed the Assessor to review this property. 18. Darel Leipold, 679 Tonkawa Road P.I.D. 05-1 17-?3 33 0008. Mr. Leipond stated he had requested a review by the Assessor but had not been in contact with the Assessor. Mr. Erickson stated this was one of the properties he had not been able to review before the Boarf9 meeting. Council directed the Assessor to review this property. 19. Stewart Perry, 2975 Cas-�, Point Road P.I.D. 20- 1 17-23 31 0045. Mr. Perry stated his valuation had gone from $260,0.00 in 1987 to $286,000 in 1988. He also stated tie was thinking of filing a lawsuit. Council directed the Assessor to review this property. 20. Gary Goimundson, 3412-3420 Shoreline Drive P.I.D. 17-117-23 41 0098. Mr. Goimundson stated this was commercial property in Navarre and requested a revaluation of the property. He stated the taxes on this property were passed on to the tenants of the building. Council directed the Assessor to review this property. 21. Jim Thompson, 2180 Prospect Avenue P.I.D. 1®-1 17-21 31 0®19. Mr. Thompson stated he had purchased tale property two months previous to receiving the 1909 mirkat value an,i th)v purchase price was S10,900 lens than the I(IRi m.arkf•t v,ilue. Mr. Wilde stated that this wa:a 1 another property that he was unable to review before the Board's meeting. Council directed the Assessor to review this property. 22. Robert Lapinski, 2948 Casco Point Road P.I.D. 20-117-23 31 0036. Mr. Lapinski stated he had lakeshore on a cove not on a bay and felt the valuation was too high. He also stated he felt there was scinething wrong with the "system". Mr. Wilde state that thij property was not able to be reviewed before the Boar-l'.^ meeting. Council directed the Assessor review this property. 23. Elmer Martenson, 2799 Pheasant Road P.I.D. 21-117-23 32 0003. Mr. Martenson had requested a revaluation prior to the Board's meeting but the Assessor was unable to complete this review. Council directed the Assessor to review this property. 24. J. Paul Henry, 4125 North Shore Drive P.I.D. 07-117-23 32 0017. Mr. Henry requested a revaluation of his property. Council directed the Assessor to review this property. 25. Gale Putnam, 1365 Tonkawa Road P.I.D. 08-117-23 42 0004. Mr. Putnam stated his market value has been increased $20,000 over the 1987 value. He had requested a revaluation and the Assessor had made no changes. He felt his neighbors homes were not valued as high as his. Mr. Erickson stated he had reviewed the property and had depreciate! it because of the marina across the street. Council directed the Assessor to review this property. 26. Jim Powers, 2475 Dunwoody Avenue P.I.D. 20-117-23 22 0014. Mr. Powers stated he had requested a revaluation and had not received the result of this revaluation. Rita Guderian stated she had done the revaluation of the property. She stated one parcel had stayed the same and one parcel had been lowered. Mr. Powers asked if a high lakeshore bank was taken into consideration on land value. Mr. Erickson stated this was taken into .consideration. 27. Frances Setterlund, 4415 North Shore Drive P.I.D. 07-117-23 43 0016. Mrs. Setterlund stated she had requested a revaluation. Rita Guderian stated she was unable to contact Mrs. Setterlund today for the inspection. Council directed the Assessor to review this property. 28. R. W. Carlson, 2080 Shadywood Road P.I.D. 17-117-23 31 0016. Mr. Carlson stated his va'u»tion had increased 231. Council directed the Assessor to review this property. The Mayor noted for the record that the following letters had 4 �-:(,rn rpce i v#-d for the Board: Gorge and Maxine Riches, 2545 Kelly Avenue I .I.D. 20- 1 17-23 11 0023. Mr. Riches noted that they had not heard from the Assessor after a revaluation. Woodhill Country Club, 200 Woodhill Road P.I.D. 02-117-23 42 0010. The Country Club stated that the subject parcel should have a change in the classification as noted by the attached 'Application for Valuation and Tax Deferment cif Private Outdoor Recreational, Open Space and Park Lands" forms filed with the County Assessor's office on October 28, 1987. Assessor Erickson stated that the following persons had contacted him before '-he Board's meeting and he had been unable to contact these persons prior to this meeting. He stated he would review these parcels before the re -convened meeting of the Board of Review. 1. Dale Anderson, 970 Tonkawa Road P.I.D. 08-117-23 12 0002 2. Alden Anderson, 1830 Shoreline Drive P.I.D. 10-117-23 42 0002 3. Anfin Blakstredt, 350 North Shore Drive West P.I.D. 06-11.;-23 23 0011 4. Richard Brown, 2685 Shadywood Road P.I.D. 21-117-23 23 0050 S. Boh Carlson, Phone 471-9846 or work 559-7177 P.I.D. 6. Margaret Davis, 1...45 Vine Place P.I.D. 07-117-21 42 0004 7. Bill Dolder, Phone 471-0303 P.I.D. R. Bennett Downey, 2065 Casco Point P.I.D. 20-117-23 23 0021 9. Scott Eaton, 2189 Shadywocxi Road P.I.D. 17-117-23 42 0137 19. Ward Edwards, Phone 927-9915 or 520-5558 P.I.D. ll. Jeff Fase.n, 2648 Casco Point Road P.I.D. 20-117-23 24 0939 12. Tony Frlras, 975 Tor+kawa Road P.I.D. A9-117-21 21 9015 S 13. Bruce Garlock, Phone 472-3793 or 822-1369 P.I.D. 14. Robert Griffin, 3670 Northern Avenue P.I.D. 17-117-23 34 0018 15. Al Hagen, 2530 Casco Point P.I.D. 26-117-23 21 9014 16. Todd Haugan, 722 Tonkawa Road P.I.D. 05-117-23 34 0091 17. Kevin and Suzan Hinricks, 1205 Loma Linda P.I.D. 07-117-23 41 0906 18. Ray Hoffman, 1000 Tonkawa Road P.I.D. 08-117-23 12 0005 19. Joe Huderle, 3590 Northern Avenue P.I.D. 17-117-23 43 0138 21. Bryce Johnson, 580 North Arm Drive P.I.D. 06-117-23 42 0905 2.1. Douglas Johnson, 1355 Shoreline Drive P.I.D. 02-117-23 34 0012 22. Nally Krahl, 4775 North Shoce Drive P.I.D. 07-117-23 32 0022 23. Erick Kallerup, 1301 North Arm Drive P.I.D. 07-117-21 41 0929 24. "im Lovestrand, Phone 927-4228 P.I.D. 25. Thomas Lowe, Phone 471-9753 or 474-0844 P.I.D. 26. Lee Martineau, 4755 Tonkaview Lane P.I.D. 07-117-23 32 0957 27. Robert McGrath, 2695 Shadywood Road P.I.D. 21-117-23 24 0056 28. John Miller, 1105 Tonkawa Road P. I .D. 08- 1 17-23 11 0004 29. Glen Nedde-meyer, 71.19 Minnetonka Hlghlrnds Lane P.I.D. 06-117-21 44 0010 30. Steve Peterson, 2745 Casco Point Road P.I.D. 20-117-23 23 0006 31. Paul Pohle, Phcr,e 471-7517 P.I.D. 32.. Dijk Puttnam, 2765 Casco Point Road D.I.D. 20-117-23 23 0919 33. Rick's Super Valu, 3333 Shoreline Drive P.I.D. 20-117-23 11 0024 34. B. W. Ritchie, 2189 Webber Hills Road P.I.D. 03-117-23 34 0098 35. Rodney Roath, 1075 Tonkawa Road P.I.D. 08-117-23 13 0092 36. Kathy Sawicki, 4510 North Shore Drive P.I.D. 07-117-23 31 0929 37. Lyle Scott, Phone 473-5250 or 473-1820 P.I.D. 17-117-23 43 0098 38. Bill Sinclair, 1360 Cherry Place P.I.D. 08-117-23 32 0021 39. Jane Slaughter, Phone 479-1202 or 885-1823 P.I.D. 30-117-23 31 0005 40. Dick Stevens, Phone 473-7420 or 553-9028 P.I.D. 25-118-23 44 0014 41. Andrew Stewart, 133 Chevy ChaSe Drive P.I.D. 36-118-23 41 0022 42. Virginia Sweat, Phone 471-8801 P.I.D. 43. Ken Tempero, 1290 French Creek Drive P.I.D. 1.0-117-23 32 0011 44. Tom Thorfinson, 1420 Bohns Point !<oad P.I.D. 09-117-23 33 0001 45. Marilyn Thorne, 2635 Casco Point Road P.I.D. 20-117-23 24 0031 46. Stan Tibbetts, 1525 Minnie Avenue P.I.D. 98-1117-23 33 9063 47. Mary TorkPlsnn, 670 Tonkawa Roa-i P.I.D. 05-117-23 11 0009 48. David Verville, 4201) North Driva F.I.D. 07-117-23 4' 0005 44 irk Whi tehoad, 1229 Lysn,.,, Avenus> 7 P.I.D. 35-118-23 34 0003 Mr. Erickson stated that the law requires that the Board reconvene within 20 days bit being that there is such a large number of properties to be revalued he suggested that the City request an extension for the State. The 1988 Board of Review will continue on Wednesday, May 18, 1988 at 7:39 P.M. when it will hear the Assessor's recommended 1988 market value on the above listed properties. Motion by Mayor Grabek to adjourn at 9:38 P.M. seconded by Councilmember Peterson. Ayes 5, Nays 0. - --- --- -- --------------------- James R. Grabek, Mayor ATTEST: Dorothy M. HaII1n, City dfir- ------ a Tb: From: Date: Mayor Grabek Orono Council Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator May 6, 1988 Sul, ject: Todd Waters 3061 Casco Point Road - Request to Amend C-.�uncil Directive of Resolution #2292 Counc' 1 directed Mr. Waters to completely restores tI lakeshore yard by :tune 1J, 1988. Staff has met with Mr. Waters ou• a* ;ite and discussed the restoration. The enclosed final plan is the f ilmination of that proposed restoration work. The lakeshore yard will be restored to its original state. There will be two retaining walls rather than three. The original two tiered timber walls adacent to the lakeshore have been replaced with a single boulder retaining wall. All retaining walls on the property will be cons:-ucted with the boulders. The wall adjacent to the lakeshore will be approximately 3' to 3 1/2' high. The second tiered w& l 1 will be approximately 4 1/2' high. Waters plans to install plantings along the outer edges of the wall to provide screening. The 1 to 1 sloped banks along the shoreline will remain, tre rip -rapping of the shoreline has commenced. The area to the immediate north of the lakeside retaining wall will be at 2 1/2 to 1 . ,e rather than the original 1 to 1, 2 to 1 slope. This will allow grass oe restored in the area and ease of maintenance. The rest of the yard wi . be restored to the original Trade. Review the enclosed plan reflecting the original grades submitted for application N1177's review. All trees removed in the alteration will be replaced with new plantings. The drainage issue for the property will be better resolved when we receive the final study information from the city engineer's office. with this information we will be able to determine the correct size for the underground drain tile to be restored in the yard. The original ,,gas a". The applicants request to amend Councils original directive involves the fill adjacent to house. Staff can confirm that if fill is restored around the house, the house would have tc, be raised a m.irlimum of 6" and there is no assurance that you can protect the sheet rock walls from cracking. This type or restoration and alteration of the foundation is necessary if soils are to be replaced against the lower walls. Waters has asked for special consideration and requests that filling stop approximately 8' from ttie house and installing a retaining gall approximately 5' in height, once again, constructed of boulders. This wall would encroach no closer to the lakeshore than the original foundation, which if Council remembers lines up with the setback of the lakeside deck. The drainage t`)at would be collected in this area would be picked up via a catch basin that would be connected to the underground drainage rile. There is no question that the wa l 1 could be placed closer to house, but the 8' wi l 1 allow the grass to return, as Council will not approve any hardcover lakewood of the existing house at that point. The retaining wall will also 1ine up with the retaining wall that runs parallel in line with the existing planter and lakeside deck. Waters advises that additional hardcover from the retaining wall adjacent to the house will be cancelled by not constructing the second retaining wall adjacent to the lake. The wall will also not be visible from the lakeside. The final grades in the street yard and north side yard will be finalized as soon as the storm sewer project study is completed by the engineer. The amendment of the restoration/qrading plan will have no negative impact on the quality of the surface run-off into the lake. The city engineer has participated in this review and appraisal of Waters recent amendment and will be able to respond to any further questions Council may have. Mr. Waters began tloe restoration process approximately in mid April and it would appear that the work will be completed by the original June 15 deadline for complete restoration. Staff would like to note that Waters has kept in close contact with staff to determine the best method and process for this restoration and once again asks for your special consideration in his most recent request. r, So v 4 00 1 o -,1e� • t a�E lI 1 1 1 � � 1 !•• r 1 t 'N r � '� t i� 1 Orck • y` 1 1 r �• .. 1 (930) ) 1 i 1 -f-� Awrw (931'.2) Z EX'x ,,;I /Naurt � It 1 I �• �// bb../„ „�h�t� ? Cowcrc./c�. , 11 I � u"oA. • Pa/ia 1 I 1 • (vv71) Ily 1 II l 0 I1 \ .t.I rPi fee.. J.Srt � 1 11 11 . 11 1 t C t. 9i/ re.. /ter u(;rd 1 1• 4 `+ ,1. a✓t/Pfr r iof 11 1 � 't ' 1 T T Pate 5-2-88,— s-J-ae E r Scale: I" = ZO' --+/Y--- : Lxlsting contour r "t --: Proposed contour COFFIN & GRONBERG, INC. Engineers, Land Surveyors, Planners ' L- P.w4t. W" M sip / �lpi+t h/ILL I H 1 UT�4 6M�1N (9)8. 09) PROPOSED GRADING PLAN FOR TODD WATERS IN HENNSE CTION COUNTY, MS INNEOTA l C99+.2) it a✓..�9t f iof Cate : 5-2-88,-rvs-J-Bg Scale: 1" = 20' ---+�y--- : Existing contour —— : Proposed contour Existing spot elevation Proposed spot elevation (9.?°.1) COFFIN & GRONBERG, IMF' Engineers, Land Surveyors, r-lanners Long Lake, Minnesota i 11;A'f 9 194,E TO: Mayor Grabek Wry OF Orono Council Members Q�Ji City Administrator Bernhardson f FROM: Michael P. Gaffron, Assistant Planning & Zoning Administrator ` DATE: May 4, 1988 t SDBJ: #1174 Craig Anderson, 375 Leaf Street/3300 Bayside Road- Final Plat Approval - Resolution j The applicant has completed all requirements for final plat approval. Staff recommends approval per the attached resolution of final plat approval. PROPOSED MOTION: Moved , seconded , to adopt Resolution # approving the final Plat of Rebecca Woods for Craig Anderson at 375 Leaf Street/3300 Bayside Road. Ayes _, Nays A RESOLUTION APPROVING THE PLAT OF REBECCA WOODS APPLICATION NO. 1174 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 subdivision by Craig Anderson. Lhe subdivider; and WHEREAS, the City Council approved Resolution #2269 granting preliminary approval for a two -lot plat of property located at 375 Leaf Street and 3300 Bayside Road; and WHEREAS, the proposers plat contains two lots each exceeding the 2.0 acre minimum lot area requirement. Both lots require a variance to the 2(30' lot width requirement as measured at the rear of the 50' front yard abutting the respective roadways; and WHEREAS, subdivision has been found to meet all standards of the LR-lA zoning district finding that each lot is of a size and configuration that will allow its use for a single family residence to be fully developed without the need of any further variances; and WHEREAS, both Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfield- to serve the proposed single family residences; 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. 2269. 2. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of drainageways described therein and occuring within Lots 1 and 2. 3. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00 and Park fees in the amount of $400.00. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Rebecca Woods, Hennepin County, Minnesota, subject to the following conditions: 1. A variance is hereby granted to the 200' lot width standards for Lots 1 and 2. 2. Lot 1 shall access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Street subject to City approval of the access location. 3. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before November 9, 1988 together with a certified original copy of this Resolution and executed copies of the documents as noted above. 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 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 REBECCA WOODS RL3 RO \H3 ..r O �� I ✓. [ �swldf �ta�1�Jf ..I.II. r1�d- n BLOCK �' �7 j(-�'u�y��r I "I,', -• `�H:.p::4r:.aM�:fi✓a r �=l�o r a � , ., �a�.+lfaawla-� �ar�JM.�-I fa-C. fw 1 KbaOM �fy,t 1l14 a.1 f�MrM :TI[LC� BCMQLI i MAD80N INC. a s o i a a s a s u a J a • 0 a 6 City of ORONO RESOLUTION OF THE CITY COUNCIL N O. , 9 A RESOLUTION GRANTI11G PRELIMINARY APPROVAL FOR A PLAT AT 375 LEAF STREET AND 3300 BAYSIDE ROAD APPLICATION NO. 1174 WHEREAS, Craig K. Anderson on June 26, 1987 filed a formal subdivision application with the City for approval of a two -lot residential plat of property legally described as: All of Lot 12, Auditor's Subdivision Number 203, Hennepin County, Minnesota, EXCEPT that part described as follclrs: beginning at the southeast corner thereof; thence West along the south line of said Lot 12 a distance of 310 feet; thence North and parallel with the east line of said Lot 12, to the right-of-way line of the Minnesota Western Railroad; thence Southeasterly along the Northerly line of said Lot 12 to the Northeast corner thereof; thence South 80 feet to place of beginning. All of Lot 13, Auditor's Subdivision Number 202, Hennepin County, Minnesota, EXCEPT that part described as follows: Beginning at the Northeast corner thereof; thence West along the North line of said Lot 13 a distance of 310 feet; thence South and parallel with the East line of said Lot 13 a distance of 124.7 feet; thence East and parallel with the North line of said Lot 13 a distance of 310 feet; thence North 124.7 feet to place to beginning. All of Lot 18 and the West 121 feet of Lot 16 in Auditor's Subdivision Number 203, Hennepin County, Minnesota (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. sec a.-_ the City of Orono Zoning and Platting Codes, the Orono Plannlny mmission held a public hearing on July 20, 1987, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on September 28, 1987, the Orono City Council considered the subdivision application of Craig K. Anderson noting the following findings of fact: 1.. The property is located within the LR-lA Single Family Lakeshore Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. — 69 - -- 2. The property contains a total of approximately 5.82 acres of land. 3. Lot 1 contains 3.25 total acres of land, of which 2.28 acres of dry buildable land are contiguous with the proposed building site; Lot 2 contains 2.57 total acres of land of which 2.5 acres of dry buildable land are contiguous with the proposed building site. 4. Both Lots 1 and 2 require a variance for lot width at the rear of the 50' front yard setback. Lot 1 contains 121.0 feet in defined width where 200.0 feet in width is required, a variance of 79.0 feet. Lot 2 contains 70.0 feet in defined width where 200.0 feet in width is required, a variance of 130.0 feet. Each lot contains 200 or more feet of width at the proposed house location. 5. Lot 1 will access to Bayside Road (County Road 84) and is subject to a Hennepin County access permit. Lot 2 will acces to Leaf Street and is subject to City approval of the access location. 6. The City will require a 20' wide drainage easement over each of Lots 1 and 2 for the minor creek traversing the lots near their respective road access points. Each driveway crossing of these drainageways will require installaiton of a culvert to be approved by the City Engineer. 7. The City will require a Conservation and Flowage Easement over the designated floodplain of "unnamed Tributary to Stubbs Bay" on Lots 1 and 2. 8. Both Lots 1 and 2 have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposed single family residences. 9. Single family residences can be constructed on both Tots 1 and 2 without the need for further variances. NOW, THEREFORE BE IT ;'F ` ^LVED, that based upon one or more of the findings noted above, ;ity Council of the City of Orono hereby approves the preliminary e-at for Craig K. Anderson at 375 Leaf Street and 3300 Bayside Road per the survey dat,23 July 17, 1987, revised September 21, 1987 by Theodore D. Kemna, Schoell and Madson, Inc. subject to the following conditions: Page 2 of 4 t6- City of ORONO RESOLUTION OF THE CITY COUNCIL I . NO. -- ` fD 9 _ 1. A variance will be granted to the 200' lot width standard for Lots 1 and 2. 2. Lot 1 sh.311 access to Bayside Road subject to a Hennepin County access permit. Lot 2 shall access to Leaf Str• _c subject to City approval of the access location. 3. A Conservation and Flowage easement document shall be executed for the designated floodplain of "unnamed Tributary to Stubas Bay" over Lots 1 and 2, and this easement shall be shown on the plat drawings as a drainage easement. 4. No building permits will be issued and no permitted driveway construction or other excavation may be commenced until such time that the primary and alternate drainfield sites have been fenced off to eliminate disturbance of. same. The following list of firial submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=2001. Drawing to include: a) Lot lines platted per preliminary su..ey by Theodore D. Kemna dated •7uiy 17, 1987 revised September 21, 1987. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a 20' drainage easement within each of Lots 1 and 2 near the road access points, and of a drainage easement for the floolplain of the major creek on Lots 1 and 2, all to be shown as "drainage easements" on the plat. 2. LECAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Conservation & Flowage Easement; blank area requiring description may be filled out as follows "over the drainage easements as shown on the plat of (plat name)". 3. FEES TO BE PAID: Total Due $550.00 a) Park Dedication Fee - 2 new residential lots at 2-acre density = $20 00 per '-)t. Total $400.00. b) Legal review and f fees of $150.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held September 28,1987. l 1, Jam e$ R. Grabek, ayor ATTEST: \\, I � or6thy M allin, City Clerk J Page 4 of 4 To: Mayor Grabek City Council Members City Administrator Bernhardson Iii AY 9 1 3 GiTY OF ORONO From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 4, 1988 Subject: #1218 Estate of Ruth Smith/Cedrick Dettloff, 385 Orono Orchard Road South - - Preliminary Subdivision, Class III - Resolution Zoning District: RR-lB Application: Subdivision - Plat - Two Lots Total Area 16.1 p,.:as, 13.17 Acres Dry, 2.4 Acres Wet List of Exhibits Exhibit 1 - Staff Memo - 11/87 Exhibit 2 - Staff Memo 2/10/88 Exhibit 3 - Staff Memo 3/9/88 Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Berg Letter 10/23/87 Exhibit E - Cook Letter 11/9/87 Exhibit F - Plan of Original Staff Request to Realine Future Access Exhibit G - Septic Mapping Exhibit H - Planning Commission MinuteL 6/20/66 Exhibit I - Original Subdivision Plan 1966 Exhibit J - Designated Wetland Maps Exhibit K - DNR Protected Wetland Map Exhibit L - Gaffron Memo Exhibit M - Garfron Ske t-.:h Exhibit N - Planning Cor.Mission Minute,z i /16/97 Exhibit O - Planning Commission 2/ 16/93 Exhibit P - Planning Commission linutes 3/21./,S8 Exhibit Q - Berg Letter 4/18/88 Exhibit R - Preliminay Plan, Current Aplzl'.i.ratior Exhibit S - Applicant's Attorney Letter 1,ataa 5/4/88 Review of After -the -Fact Application Lotline f..r. In 1966 the Orono Planning Commission reviewed and acted on a two lot subdivision application of Spencer Smith; the application was never approved by the Orono Council (review Exhibits H & V. The 1966 application is the same procosal as the plan presented for this current review (Exhibit R). Mr. Smith proceeded to sell the 2.7 acre proposed Lot 1 to Mr. Dettloff without City approval and the required legal description to transfer ownership. A deed was created with a metes and bounds discription for transfer to Dettloff. As the City had never approved this di.-sion, the tax records have never been amended and county plat maps still show the original 16+ acres parcel. Please review Exhibit S that Zoning File #1218 Page 2 provides a more detailed account of the unique history surrounding these properties. Mr. Callahan represents the estate of Ruth Smith (Mrs. Spencer) and has filed the subdivision application in order to resolve the matter of the illegal transfer of land and to clear title for the sale of the remaining property for the estate. Review of Current Application The two lot plat as proposed is not a complex application. The various issues raised during the review have been resolved except for the unresolved septic matter that finally resulted in the Planning Commission's denial recommendation at their April meeting. At the November meeting, staff had recommended that the lot lines as proposed be realiq,ied to provide an access corridor for the larger lot to the east in ordei to provide room for a private road to serve potential four to five lot plat. Review Exhibit K, the east boundary of Lot 2 that abuts Orono Orchard Road contains a major designated wetlands area. The wetland is also classified as a DNR protected wetlands and would never receive approval of the encroachment of a future drive. It was the responsibility of the City to assure future access if the lot was to be subdivided in the future. After that meeting, staff was advised by Mr. Callahan that the prospective buyer of the larger lot was the adjacent landowner, McMillan. Future access, if developed, w-.!Id no longer be a problem as access could be achieved via the east and southern parcels of the McMillan holdings, re-iiew Exhibit C. At any case, Planning Commission found no problem as long as the condition was placed in the final resolution approving the plat, advising the -uture landowner, that if indeed the lot was to be farther subdivided, that access could no longer be achieved via the existing private easement, but that access would have to be found via the surrounding land corridors. Per E, Cook's review, the existing access drive has been recommended to serve the proposed two lot plat. The other, smaller wetland's classification within Lot 2 has yet to be resolved and really is not an issue for the City. We will ask that the wetland be designated on the final plat. As of this writing, it is my understanding that staff has not been asked to review new information concerning the status of the wetland. All existing structures meet the required setbacks from the proposed lot lines. The deteriorating accessory structures on Lot 2 are a seperate issue and will be dealt with in a seperate action concerning a probable hazardous building action. The existing residence structure has been rented and may continue to be rented by the new owner. In reviewing Exhibit G, the septic mapping of the proposed site, you will note that the system that serves the residence on Lot 1 appears to encroach quite close to the dividing line. Staff has asked for confirmation of the exact location of the existing septic system, prior to approving the Zoning File #1218 Page 3 location of the dividing line. The long delay for this review has surrounded the question of the exact location of the existing septic system that serves the house on Lot 1. Mr. Berg, Dettloffs attorney, gave no support to staffs request for confirming information as to the exact location of the septic system nor would he agree on the part of his client, to move or install a new system if the present system encroached into Lot 2. The Planning Commission supported staffs position throughout the entire review. Unfortunately, at the April meeting of the Planning Commission, a letter was submitted written by Mr. Berg, advising under the authorization of his client, Cedrick Dettloff, now would agree to relocate the on -site septic system if tests were to disclose that the existing system did encroach into Lot 2. The City had finally received written aforemation from the second party to this joint application, review Exhibit Q. The Planning Commission denied the application not realizing the import of the subject letter. Staff now recommends approval of the preliminary plat based on either a confirmation of the exact location prior to final subdivision approval or to set a specific deadline for Mr. Dettloff to confirm the location and to install a new system if necessary within a year from the approval date of the final plat and to possibly ask for the posting of appropriate security if Council deemed it necessary. If Council wishes more detail on this review, please review Exhibits 1, 2, and 3, the previous staff memos drafted for the earlier reviews. Staff Recommendation: To approve the preliminary subdivision application of the Estate of Ruth Smith/Cedrick Dettloff finding all pertinent standards of the RR-1B zoning district have been satisfied for a two -lot plat subject to the following conditions: 1. Prior to final plat approval, the owner of Lot 1 shall confirm the exact location of the septic system that serves the existing residence and if said system if found to encroach into Lot 2, owner shall install a new system to serve existing residence by June 1, 1989. 2. Prior to final plat approval, applicant may wish to resolve classification of soils type of a designated wetlands along the western edge of Lot 2. If staff confirms the area functions as a wetland, the wetland mu.t be designated as drainage easements on the final plat. 3. Future owner of Lot 2 is hereby advised that if Lot 2 is developed into two or more lots that the existing shared drive shall not be approved as an appropriate or legal access and that an access corridor will have to be provided via an adjacent property. Access cannot be provided via the designated wetlands within Lot 2, located adjacent to Orono Orchard Road, as it is a protected DNR and Municipal wetlands. The enclosed resolution has been drafted per the staff recommendation. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION APPLICATION FOR THE ESTATE OF RUTH SMITH AND CEDRICR DETTLOFF APPLICATION NO. 1218 WHEREAS, Edward J. Callahan, Jr. an authorized agent of the Estate of Ruth Smith, and Cedrick Dettloff (hereinafter the "applicants"); on October 15, 1987 filed a formal subdivision application with the City of Orono for a division of two lots of a property legally described as: Refer to Exhibit A, attached (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on November 16, 1987, and February 16, 1988, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on May 9, 1988, the Orono City r-)uncil considered the subdivision application of applicants, noting the following findings of fact: 1. The property is located within the RR-1B Single Family Rural Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 16.1 acres, 2.1 acres of designated wetlands shall be excluded from the dry buildable lot area credits for the subdivision. 3. The proposed plat consists of 2 lots each exceeding the 2 acre minimum lot area requirement. 4. The 2 lots shall be served by an existing shared driveway through Lot 1. The existing cures cut and access- drive has been approved for only a 2 lot use. 5. Both lots meet the required 200' width adjacent to the road to the rear of the front yard setback line. Single family residence structures can be constructed on both lots without the need of any variances. Page 1 of#4 6. Septic testing has confirmed that the proposed lots contain adaquate and suitable soils for alternate on -site sewage disposal systems. NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of the Estate of Ruth Smith and Cedrick Dettloff per plat drawing by Mark S. Gronberg of Coffin and Gronberg, Inc. dated September 13, 1987 with revisions dated Feptember 16 and October 16, 1987 subject to the following conditions: 1. Prior to the issuance of building permits for new construction on either of the two lots, the final plat must be filed by the City with either the Hennepin County Recorders office or the Registrar of Titles. 2. Prior to final plat approval the owner of Lot 1, Cedrick Dettloff must submit confirmation to this City of the exact location of the existing septic system that serves the residence structure on Lot 1. If the existing system does encroach into Lot 2, Dettloff must agree in writing to install a new system by June 1, 1989 3. The existing shared driveway has been -ipproved for the current 2 lot plat. If Lot 2 dF-veloped into 2 or mor,? lots, the existing shared drive shall not be appzoved as approl.riat�: o: legal access. A future access corridor will have to be provided vij an adjacent property, as access cannot be provided via the design•.ted wetland in Lot 2. Final submittals The following list of final submittals must be suhmitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary drawings by Mark S. Gronberg dated September 13, 1987, revision dates September 16, 1987, October 16, 1987. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. Omit along the wetlands on the east side of lot 2. Page 2 of 4 c) Dedication of 33' of road right-of-way for Orono Orchard Road as shown on preliminary Flat. d) Designate wetland as drainage easements and describe in angles and bearings (small wetlands in west portion Lot 2 to be designated on final plat if not resolved prior to final plat application). 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holder- or others with property interest indicated therein shall sign the plat and all other docum%nts affected by such interest. b) The of plicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed flowage and conservation easement over drainage easements wi�.hin the plat (see sample enclosed). d) An agreement signed by Mr. Dettloff that he would agree tc install a new system on Lot 1 if e:cisting system is found to encroach Lot 2. 3. FEES TO BE PAID: Total Due $300.00 a) Final plat fee - $150.00. b) Legal review and filing fees of $150.00. Adopted by the City Council of the City cf Orono, Minnesota at a regular meeting held this 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 3 of 4 To: Planning Commission Chairman Ke1Ley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 11, 1987 Subject: #1218 Estate of Ruth Smith - 385 Orono Orchard Rd S - - Preliminary Subdivision - Class III - Public Hearing Zoning District: RR-1B Application: Subdivision - Plat - 2 Lots Total Area = 16 List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - acres 13.7 acres dry 2.4 acres wet Application Property Owners List Plat Map Berg Letterners List Cook Report 11-9-87 Cook Sketch of Road Septic Map/Plan Planning Commission Original Plat Wetlands Map Preliminary Plat Corridor Meetings 6-20-66 Review of After the Fact Application In 1966 the Orono Planning Commission reviewed and acted on a 2 lot subdivision application of Spencer Smith; the application was never approved by the Orono Council. (review Exhibit H) The 1966 application is the same proposal as the plan presented for this current review. (exhibit I). It is my understanding that Mr. Smith then proceeded to sell the 2.7 acre lot to Mr. Dettloff without City approval and the required legal description to transfer legal ownership. A deed must have been created with a metes and bounds description for transfer to Dettloff. As the City had no record of approving this division, the tax records and county plat maps still show the original 16+ acres; parcel. Ed Callahan now represents the estate of Ruth Smith (Mrs. Spencer) and has filed a subdivision application in order to resovle not only the matter of the illegal transfer of land but to clear title for sale of remaining property. Staff has dealt for years with Mr. Dettloff regarding this problem. Dettloff was advised to file an after the fact subdivision application and appeared on at least 2 occasions to be ready to file but it never happened. Callahan has been advised that the City will deal with this application as if it were a new subdivision irregardless of the defined lot lines that describe the parcel originally transfered to Dettloff. Per Section 11.02 Subd. 11 A, B & C Planning Commission must make a recommendation to the Council regarding the violation and penalty as part of this application. Please review these sections of the code. Zoninq File #1218 November 11., 1987 Page 2 of Review of the Current Proposal: The application (exhibit K involves the division of 2 lots from a 16+ acre property currently shown as owned by the estate of Ruth Smith. All existing structures appear to meet required setbacks for the RR-1B zoning district. The following items must be addressed with this current review: Access- Lot 2, the larger lot can be futher subdivided. The reviewing staff recommends that the shared lot line oe realigned to provide a corridor to Orono Orchard Road - see exhibit F. The engineer confirms that in spite of the steep slopes within the approach area that a private road can be constructed at acceptable grades. The existing access can serve the properties at the proposed 2 lot level. Owner of lot 1 must grant access easement in favor of lot 2. Please review Cook's report (exhibit E) that deals with the access issue. Septic System- The surveyor has used the City's septic inventory cards to locate existing septic system (exhibit G). Lot 1's septic system has never been located. As with the Ziminski plat at your last meeting, the City must ask that the existing septic system be located before lot line placement is finalized. Septic testing has been provided for the alternate septic site for lot 1. Lot 2 is over 5 acres and will not require additional septic testing. Wetland- Review exhibit J, the designated wetland to the east side of lot 2 has not been shown. Surveyor must designate the wetlands and reconfirm dry buildable area of lot 2. Dedication of Right of Way- The applicant must dedicate 33 feet of right of way for Orono Orchard Road. Areas of lots must be exculsive of road right of way. Accessory Structures- The existing accessory structures on lot 2 shall reviewed or inspected to determine if the buildings are in a hazardous: state. This type of evaluation is similar to the evaluation made of the accessory buildings on the Hollander property in the recent subdivision review. This is a separate issue from the subdivision review but has become a standard procedure for the zoning staff when dealing with older, established properties. Staff Recommendation: To table all action on the proposed subdivision application for the estate of Ruth Smith subject to the resovle of the following: 1. Location of existing septic system on lot 1 - applicant may wish to restest and install a new system depending on condition of existing septic system. 2. Preliminary plan to be amended addressing the following: a) designate wetlands to the east on lot 2 and redfine 6ry buildable area on lot 2. b) realign shared lot line of lots 1 and 2 designate a platted access corridor for lot 2 to Orono Orchard road per staff recommendation. M To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: February 10, 1988 Subject: #1218 Estate of Ruth Smith/Cedrick Dettloff, 385 Orono Orchard Road South - - Preliminary Subdivision (Class III) - Second Review List of Exhibits Exhibit A - Section 12, Subdivision 4 (Specifically A & F) Exhibit B - Septic Design Manual (3A) Exhibit C - State Code Table 4 Exhibit D - Gaffron Memo & Sketch Exhibit E - Planning Commission Minutes of 11/16/87 Exhibit F - DNR Map - Protected Wetlands At your November 16, 1987 meeting, the application was tabled pending resolve of the location of the existing septic system within Lot 1, need for the realignment of the shared lot line providing a future access corridor for Lot 2 if developed at some point in the future, and determination as to the type of wetlands within Lot 2 not currently shown on the preliminary plat. Edward Callahan has advised that a preliminary purchase agreement with the MacMillians, adjacent property owners, has been executed pending resolve of the subdivision application. In preliminary discussions with the representative of the MacMillians, staff was advised that there was no plan to continue renting the existing structure nor make any use of the existing accessory structures. The need to realign the lot line appears no longer necessary since there is no plan by the new owner to subdivide the property and would effectively function as a lot line rearrangement. In any case, the current use of the existing driveway as a shared driveway would be approved based on the two -lot use. The subdividers and future owner of Lot 2 must Le made aware that if the alignment for future access i.s not provided at this time, if Lot 2 is further subdivided, that the pressent easement access will not be approved for additional lots. The wetlands adjacent to Orono Orchard Road is a DNR protected wetlands and cannot be filled. Access must be provided via adjacent properties. The final itsolution approving the plat will clearly state that the present shared drive is only acceptable at a two -lot use level. If Lot 2 is divided in the future, the existing access easement is not acceptable. Per Mike Gaffron's memo (Exhibit D), staff clearly cannot recommend that any ditching be done at this time of the year. This need not delay preliminary plat approval but staff must recommend against granting final plat approval until the City is assured of the exact location of the drainfield serving I.ot 1 in relation to the proposed lot line. Per Section 12, Subdivision 4 (A) & (F) and the Design Manual Section 3 (A) (Exhibits A & B), subdivision approval cannot be finalized until the septic standards have been satisfied. Please no*e that the applicant has already submitted on -site testing for an alterna*e s stc' f I m or Lot 1. to Zoning File 41218 February 10, 1988 Page 2 of The resolve of the issue of the Kilkenney soils classified as wetlands located to the east of I.ot 2 must also be determined later in the spring. Early spring will be the perfect time for staff to determine the true soils classification. Staff will also ask that you make the determination regarding a penalty fee and to review once again Section 11.02, Subdivision 11 (A)(B)&(C). In light of the history of this application, Planning Commission may feel it more appropriate dividing the penalty fee between the two applicants. Larry Berg, attorney for Cedrick Dettloff, has advised staff that there is a State law that would prohibit the City from asking for dedication of road right-of-way with a two -lot plat. Staff has asked Mr. Berg to submit the State law for the City Attorney's review and comment. As of this writing the City has received no information from Mr. Berg. Per Section 11.32, Subdivision 1, the City will ask for the dedication of roadway adjacent to the subject property for Orono Orchard Road. Staff Recommendation: To i.pprove the preliminary subdivision application of the Estate of Ruth Smith/Cedrick Dettloff finding all pertinent standards of the RR-lB zoning district have been satisfied for a two -lot plat subject to the following conditions: 1. Prior to final plat approval, the owner of Lot 1 shall confirm the exact location of the septic system that serves the existing residence. 2. In early April, the City staff will confirm the exact classification or soils type of the designated wetlands within Lot 2. If this creates a delay for the applicants, the wetlands may be defined on the plat as shown on designed wetlands maps of the City in order to determine if the wetlands need be defined as drainage easements on the plat. 3. Prior to final plat approval, the City must receive full penalty fee payment (double subdivision application fee, an additional $250.00). .? 4. Future owner of Lot 2 is hereby advised that if Lot 2 is developed into two or more lots that the existing shared drive shall not be approved as legal access and that an access corridor will have to be provided via an adjacent property. Access cannot be provided via the designated wetland within Lot 2, located adjacent to Orono Orchard Road, as it is a protected DNR wetland. 3 TO: Planning Commission Chairman Kelley Planning Commission Member - City Administrator Bernhardson FROM: Jeanne Mabusth, Building & Zoning Administrator DATE: March 9, 1988 SUBJ: #1218 Estate of Ruth Smith/Cedric Dettloff, 385 Orono Orchard Road South - Preliminary Subdivision Class III - Third Review 1 Mr. Callahan has asked that staff reschedule the preliminary subdivision application before the Planning Commission for action at your March meeting. He is fully aware that the septic system information for Lot 1 has not been submitted and he understands that at the present state of the review the Planning Commission must deny the application as presentee?. The Planning Commission fully advised the applicants that they could not act on the present application until the septic information was submitted (review the enclosed notice) and applicants agreed to the tabling at the meeting. In light of Section 11.10 Subd. 3(A) and (C) enclosed for your review, Mr. Callahan no longer agrees to the tabling and the 120 day review period has lapsed (application filed 10-15-87), therefore, the City must schedule the application for formal action by the Planning Commission and Council. Staff Recommendation - To recommend denial of the two lot plat application of the Estate of Ruth Smith and Cedric Dettloff finding the application incomplete concerning specifically the necessary septic information for Lot 1. Applicant has failed to submit information regarding the exact location of the septic system and therefore the proposed dividing line may not be an accurate division of the existing improvements serving each lot. The City has consistently delayed action for rural subdivisions where existing on site treatment systems have not been located and especially in this case where the owner of Lot 1 would not agree to rove the drainfield if it were found to encroach Lot 2. The City does not grant setback variances or approve of the creation of easements for drainfields in matters where lot lines have not been established and not officially approved by the City. The case referenced by Mr. Berg regarding the Greentrees subdivision involved the encroachment of lines already approved by the City in a previous subdivision and was a result of a costly mistake by a septic contractor. Date Rec' d f`"ky By _ f Fee Rec' d C1:Y OF ORONO SUBDIVISION APPLICATION FORD! ---------------- W n1IbriK.-L.iiitMr-P�fTdn-dT-R, APPLICANT Name of the Estate of Ruth E. Smith =rat.amr ---------------------- Telephone 333-9100 Mailing Address 90 S. 9th St., Rm 203, eels., MN 55402 PROPERTY Name The Estate of Ruth E. Smith Telephone 333-9100 OWNER Cedric Dettloff and Marion Dettloff - 473-6739 Mailing Address 90 S. 9th St., Roan 203, Mpls., MN 55402 (Attach list if more than one) Dettloff - 1255 Dickinson St., Orono, MN --------------------------------------------------------------------------- PROPERTY LOCATION Street Address 385 Orono Orchard Road South, Orono, MN 55391 Property Identification No. (P.I.D.) 02-117-23-23-0002 Complete Legal p pp al Description to be attached to application - { --------------- - - EXISTING LAND USE i "TrI &- U ` AW.. n Number of Tax Parcels ; ra+ "'' nl L•1 L•LII L�'1'•Vt 16.232 Acres Dr Land ` rt Y �.t . V0 i Development Size r0r-T N ynn ' Acres Wet Land `" "�� A Acres Total, all parcefs=,4,t' GLG, cl'T09 , Iret � J V! 1 `•l�tl Present Use (check) X Residential; no. of units Other (specify) Present Zoning District -------------------------------------------------------------------------- PROPOSAI, Division for Tax Purposes X Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: 2 Existing Units 0 New Units 2 Total Units Proposed Gross Density Minimum Lot Size: Proposed Use: (check) 2 Units per 16.232 Acres Square Feet Dry Buildable Land X Residential Other specify) ---------------------------------------------------•- -------------------- (OVE. MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Application Completed 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owner's list of owners within 350' (this list can be obtained from the Hennepin County Department of Finance A-603 Government Center 348-3271) 4. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Officials Signature Date -------------------------------------------------------------------------- MINIMUM MATERIAL NECESSARY FOR COMPLETE FINAL PLAT APPLICATION 1. Payment of fees (park fees, filing fee, sewer and water assessments) 2. Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and acceptable form of security. Certification by Zoning Department that Final Plat Application is complete. Zoning Officials Signature Date FEES Sketch Plan Review (Class I, II & I1I) $150.00 Check Enclosed Preliminary Review (Class I & II Subdivisions) $250.00 Preliminary Review $300.00 plus (Class III and all non-residential) 20.00/lot Final Plat Review (Class III) $150.00* *(Plus any legal or engineering charges) -------------------------------------------------------------------------- Applicant has read the above and hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process thin application and further agrees to pay all additional fees established by ordinance. --------------- -------- /---/ ------- Representative Applicant's Signature ,GJ, % « �' / Personal Date 10/14/87 Owner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are usually held on the third Monday of each month. p'RUli -DATE 10/01/87 BATCH 005 38 02-117-23 23 0001 PROP ADOR O'.":ER NAME CARGILL MAC MILLAN JR ETAL TAXPAYER L0:'.RIDGE ASSOCIATES 1:,tME/ADOR % 3 E BT—,BE DEPT 28 P 0 BOX 9300 MPLS MN 554.', J 38 02-117-23 24 0003 PROP ADOR 00280 '7ON0 ORCHARD RD S Ol9.,ER NAME VICTORIA H RAICHE TAXPAYER VICTORIA It RAICHE NAME/AODR 200 ORONO ORCHARD RD S WAYZATA 11H 55391 38 02-117-23 32 0001 PROP ADDR L0485 CRONO ORCHARD RD S 0:".ER N :ME EDWARD H HAtttl TAXPAYER EDWARD HERSEY HAMM t:AtlC/ADOR 408 ST PETER ST ST PAUL t84 r5102 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OVIIERS LIST 38 02-117-23 23 0002 003C5 ORONO ORCHARD RUTH E SMI'.11 GRAY PLT tl00TY MOOTY BENNETT AT -TN CIIERYL ACK 33 6TH ST S MPLS t01 55402 38 02-117-23 24 00Q6 00360 ORONO ORCHARD RD S S d H OSCORN STEELE B OS:!ORN 3,,0 OROt10 ORCHARD RD OROIKI MN 55391 :53 02-117-23 32 0005 01560 FOX ST 101ITt.FY M".CMILLAN W 1ITIIEY MACNILLAN 1560 FOX ST WAYZATA 104 55391 REPORT NO. PI435401 PAGE 9 38 02-117-23 24 0002 00320 OPO`O ORCHARD RD S b E P JAFFRAY BEIIJAMIN S JAFFPAY 320 OnOtb ORCHARD RD S �'u� WAYZATA tQ4 55391 I 4 38 02-117-23 31 00 D 00450 OROtZ OFC};ARD RD S EDWARD H HAti EDWARD H HAtIM 40P ST PETER ST ST PAUL t?l 5510' i� TOTAL BATCH 005 00008 I CERTIFY THAT T.IE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IIJC7HATION AS IT APPEARS THIS DATE ON niE RECORDS OF THE HEt.^.,LPIN CMRITY DEPARTI:ENT OF PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE BY ;ACK'NSON ST _ �A 14 on. z FREDRIKSO �',110L II Z RARI 1 t.1111NIN NORFRT 11 IAIN A PR11llV1111NA1 11311)�LAllT% M IIINr %%W.% !t,IG ITI RN J ,•,•,�_._... w NIR}IS A NnIII IN fR1111RICR 1 11V,11 J, .11N 11 rAIAI/A THOA/AA W CARTON I100 INTERNA I J •iKb"'�— rN IIARI A 11ANWN JINOMI 1, rot HoWN )OHM A SATONII'1 41CHAft A ST1RN .F 90O SECOND AVENUE 3V7 I RIIRIRT,i WIMP NOafatr "Min Slit A WIIILART MIIILIAMI BAooY MINNEAPOLIS• MINNESOTA 'b•to2 3397 KLITH A IANNIV PAYM I.AtAN I(NOI 11 AIINNII THOMAS S "LAMA TE..E% 290569 FREDRIKSON MPS IINI4AS A KIN1: RM/N A G It"STAO TELECOPIER 1: 121 34• 7077 JoHN H STott? JAMIS i. RAH.LR talc S ANMRSON OAV'O a SeSCH TELEPHONE. 16121 3A'.'Hoo WILUAM I RAMP# DAVID C. GAORCD A N/R1AM AGAIIMIN KONRAD I VK1101MANN W ARVIN R —CA LARRY I BERG WRITER S DIRECT D1,... JOHN 1,POWFAS JOHN J LaHART CHAR1.11 F DIr1,Sf/lA JOHN G ROST QVFNTIN T JOHNSOM TIMOT M HIANIY KATMLI I A HI'GI/FS PHN M RONICK JAMS N HI I-LfA NONIRT I BCRNS. IA (612) 347-7052 October 23, 1987 Ms. Jean Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 MI`, IfANRI V( TTt, 11 NI IRl l -�---••M IAA N/IT111IM MCAHAU A TRITTIrO I INDA C ItHWANfE 1AMIS A FI ATT OAATD F I"ND/. RAV%UIND C LALLIIN GaIGONT P NAIHot MIANON R FRIIIIR NON" R RANL'M f1AL R MO*OAN THOMAS R HOFFMAN MARY S. RA"VAI LANNY D NALIM N Na1TCa ... (NIUM CC WON I CC'TLIa RANDY R IV ANS SHIVA 1 SANDIRS 4ANY P NACMAN A'AIIa11 S t:IN.UFM GAYIA C HINDIIY 1AF"A PATRIC.1, 1 ItUIVAN Postal C NnISVIAT IN MMOM C 1110E SAMDRA ""GIN NODIAC MANY 1 STRAND LYNN M GARVIN KrVIN V IWCARY MALWAY R PA"LLINS IGHN I WEAN, ASIAN G FONMILLA SVSAM I. MAROM+N CONRLIN MAN" 1 ONKKA RONDA P RATIO NMDLIIT F L SYVIRIOM STIV11M N NIfK ANN M. LADD WILLSI WIHO"T'191119NS! OF IJ NUL HAROLD M. FIIORIKSON IANL F COLNORN IN RE: , plication LAY Winston R. Lindberg as Personal Representative of the Estate of Ruth E. Smith for a Lot Line Rearrangement Dear Jean: I am one of the attorneys representing Cedric and M•rion Dettloff who own the portion of the subject property shown as the "Dettloff Parcel" on the map which I have attached :o this letter. Mr. Dettloff and his wife are in favor of the Lot Line Rearrangement referred to above provided that the City not -equire that they grant an ez ant in favor a.:, the Smith arcel any wider tY wi' )f the existing riveway which benefits the Smith anc. Lich is located upon the Dettloff Parcel. re that at someti. in the future, should the then owl. he Smith Parcel wish to further subdivide its land, I,. ..�_e extensive easement may be required by the City. At the present time, however, the Dettloffs would oppose any subdivision requiring an easement across the Dettloff Parcel any more extensive than the present drivc:Iray. If you have any questions or if I can provide you wit;. any information or assistance in connection with this project, please don't hesitate to give me a call.. Very e- ,t regards, Lar y JBerg LJB:jms Enclosure cc: Mr. & Mrs. Cedric Dettloff Mr. Edward Callahan 11571 Sonestroo Rosene Anderlik & Associates Engineers & Architects November 9, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Otto G Bonlstr= PE Keih A Gordon. PE Thomas W Peterson, PE Charles A EtKkwn Jrf Robert W Roselle. PE RKhard W Foster. PE MKhael C Lynth. PE Leo FA a-elSky Joseph C Andetlh. PE oorvald C Butgardt, PE James R Maland. PE Hanan U Olson Bradford A Lemberg. PE Jerry A Bourdon, PE Kenneth P Anderton. PE Susan M Eoerhn RKhard E Turner. PE Mark A Hanson. PE Keith A Bachmann. PE Mark A Se.p James C Olson, PE Ted K Freld. PE Mark R Rolh. PE d Glenn R Co. PE MKhael T Rautmann. PE Robert C Russek. A I A Tnomas E Noyet. PE Robert R PTetfelle. PE Thomas E Angus. PE Robert G SlhunKht. PE Dawd O Loskota. PE Howard A Sanford. PE Marvin L Sorvala. PE Re: File No. 139-1218 Spencer Smith Dear Jeanne, We have reviewed the proposed subdivision for Spencer Smith. We would recom- mend that provisions be made for a permanent separate access to lot 2. The existing driveway access can be used as long as this remains a two lot subdivision. An easement should be provided to lot 2 over lot 1. The exist- ing driveway access point is not desirable for more than two lots because of the alignment at Orono Orchard Road. The future subdivision of lot two should require that a separate access be provided as shown on the attached plan. The subdivision should be modified to include the additional area for the future street access i-i lot 2. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC:li Encl. i4 2335 West Highway 36 9 St. Pail, Minnesota 55113 • 612-636-4600 .norm uric or .��� of NNIh of :-oo • ? -// ��3 Eos/ breW501y*w _ 4 AWO ofSa--Z-117-t3 R, �a �r tJ - � O alk, .,4 Yks+ cnc Ou.s dry, a 8ui%dm9 sa/bay 3 � �_ -----�''S -- --- \ W,11VI ;; o ��• •fa�i0f//�q 1 / � r o �• *may, i// � / N ,M V / �i tj Its wA / av 776.05 D E rG OFF/ S''dt / T/1 i -./,'orlh Gr?e of St4 4 cF Hwu of .sec. 2-//7,d3 , Ecs/ lute oFSN% of ,• -~�a� Ilt,/r ofSa•Z-//7-Z3 R, , to • �r h /7! o c� ILI wi�i, kres� (irte, � -•� >f/ltrl%y e�.SCL.Z 1 Bur%din sefbc� 2. e2 S oerv. del �rj✓ Fss-z I r` r 33 It /✓ I13.420ocre� to la/ //. / ! a c.�r d,-Y D/l rE : /o -/r- P 7 XeWe 6 ; / " /oO ' "'/ % I �• / VIIH `iES OF A IZEGUtAR METING OF THE Pixf.111IING COI "II3SION, VILLAGE OF OROIIO JUIiE 2091966 The mooting ciao called to order by Vice Chair- -- Wm.A. Curry at 7:45 P.LI. 1.Ieaber© present wore: Ho CALL TO S. Ride and R.F.Dongoake.Absentt D.J.Buaaell and ORDER V/.H.'Mills,Jr. Prank R.Thomson was prosentto r6quost reccom- mendationa for a building permit on Lots 3 and 40 Block 39 B©rgquist and Wicklundle Park. The vier- VARIANCE i.ng co=itteo reported that these lofts correspond F.R.'iTHOMks to adjacent properties where two 50 foot lots are combined for bu.Uding sites. Dongoske moved9Rice seconding,. thz-b approval be recommended. motion passed 3-0. Spencer Smith and Gordon Coffin were present to submit a revised plat for the subdivision of Mr4 Smith's property on the Orono Orchard Road. SUEDIV10IOU The nevi plat indicates a 3 acre lot (A¢ to be SMICER divided iron I.Ir. Smith's 15 acre property. There SI.I:f711 is a 'rouse existing on this lot. It was suggested that this lot be made either more or lese than the 3 acres in order to avoid the problem of future: subdivisionvbut the notion to recommend approval, nadc by Rico and seconded by Dongooke9did not; in- clude this auggestion. I.Iotion passed 3-2. The request of Richard Erickson for a build- VARIANCE ing permit on part of Lot 229Pheacant La%yn Aedn. RICIURD was tabled pending a vieviinZ by our Village In- rRICKSON sFector and a co=ittee of this body. There being no further business9the meet-!ng was Pd journed at 800 P.::. ADJOUR!"R. 'I:T S. D. Belt9Seoly. Pe F JL I NWA4 eFSec60+1/72)�� Sketch fcr Spencer Smith showing proposed division of prcperty in the Northwest 1/4 of Section 2-117-23 I I /SW corner eF/VW,4 -fCc lie n I• //7-13 - - - - - `/YEarn�r ei .FW 2 //773 ►.1 U' A �.0 oerar �/ to /? +ac�e� 1/ OI of Sou/n /,ne c%%.'Wj,i of�e7fio» 8G9 •S - U+aer: Spencer Smith, Route 5, Box 163, Wayzata, Minnesota 473-37L6 Surveyor: Gordon R. Coffin, Long lake, Minnesota 473-.4341 �:..:- !iption: That part of the Southwest quarter of the Northwest quarter of Section 2, Township 117, Range 232 lying Fast of the lost 516 feet and South of the following -described line: Co=encing at a point in the Best line of the South half of the Northwest quarter distant 400 feet South of the North - vest corner thereof; thence Easterly parallel wit`, the flortb line thereof to a point 176 feet Nest of the East line of the Southwest quarter of the Northwest quarter; thence Sait.hecsterly to a point in said East line dis- tant 520.7 feet South of the florVleest corner thereof. Scale: 113 0 200' Lkte : 6-6-66 Gordon R . Coffin Land Surveyor and Planner Long Lzko, Minnesota Ma p q4T IMIW Wil b, 03 aaqu,..."m 1 W� � I 1 JI 111LL!['. Yr a _ _ '�•1 ,V:i✓ 1 .J. - �--- � / �',—(lL: 717t+P a �, , '�_• L-P •.� Tye, I -ice --�►�� -- ^�r9�w q37, •f vats..: .•�^ .'_ .. /---. ts_ 11 ` J _tr1✓,�. AlAnbj w • �� Y.,,,1 7. `�;.;ip s • - � �9vo � m_ i _ _ Ilia - �• , �•------/--her,. _ - �1arw� Isla _ f � ,�.lw OKW-1w To: Jeanne A. Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 8, 1988 (The 78th Aniversary of the Founding of the Boy Scouts) Subject: #1218 Estate of Ruth Smith, 387 Orono orchard Road - Septic System Location As we have discussed, it is imperative that the existing drainfield serving the Dett lof residence be located. Since no one has been able to definitely locate the system, the alternative is to verify where it is not located :.y trenching along or parallel to the proposed lot line. This will allow staff and the applicants to verify whether or not any drainfield trenches extend across or near the proposed lot line. There is potential for causing some problems for the existing system if one or more drainfield lines are opened up during freezing weather. The possibility of freezing a portion of one or more drainfield lines of what is probably a substandard system leads me to recommend that such trenching be postponed until the weather warms up, perhaps late March or early April. As we have discussed, while it may not be appropriate to grant preliminary subdivision approval based on the proposed lot line, final approval should not be granted until it is verified that the septic system is within the property boundaries and at least 10' within the proposed new lot line. If it turns out that the septic system is encroaching near or over the lot line, ti a choices would be to either move the lot lire or move the septic system. C � poi �'��(2Ad MINUTI•:S OF THE PI.ANNIN,; COMMISSI(N MEETING HELD NOVF.MTi K 16, 1987 N ATTENDANCE 7:05 P.M. The Orono Planning Commission met on the above date with the followin, members present: Acting Chairman Pes lows, Johnson, 1 -inson and Brown. Taylor arrived at ':1: P.M. Chairman Kelley and Cohen were absent. The following represented the City staff: Building & Zoninq Administrator Mabu::th, Assistant Planning & Zoninq Administrator Gaff;on, anA City Recorder Peterson. Councilmembers Goettcn and Callahan were also present. #1218 THE ESTATE OF RUTH SMITH 387 ORONO ORCHARD ROAD PRELIMINARY SUPDIVISION PUBLIC HEARING 7:05-7:13 The Affidavit of Publ: cation and Certificate of Mailing were noted. Attorney Betsy Baku: was present representing the Estate of Ruth Smith. Mabusth explained the .-equest to subdivide a 16.1 acre tract into 2 lots as follows: Lot 1 = 2.706 acres total (2.62 acres dry) Lot 2 = 13.426 acres total (11.1 acres dry) All existing structures appear to meet required setbacks for the RR-1B zoning district. Staff recommends tabling the ap-)lication pending resolve of the location of existing septic system on Lot 1; amending the preliminary plan to designate wetlands to east on Lot 2 and redefine dry buildable area on Lot 2; realign shared lot line for Lots 1 and 2 end designate a platted access corridor for Lot 2 to Orono Orchard Road. It was noted in staff's memo the issue of the transfer of land by Spencer Smith tc Cedric Dettloff in the late 60's. Planning Commissioi will be expected to make a recommendation to Council regarding the issue of the illegal sale and violation of the subdivision regulations of the City. Regarding the penalty, Attorney Baker stag :hat the property is owned by the estate and the inco. from the estate goes to three charit; es (The Nationa i Wildlife, The World Wildlife Fund, ant The Christian Children's Fund), and therefore, enforc?ng a penalty on the estate would not actually be pens zing anyone. The P—,tate agrees that the applicatic ould be tabled at this point. She noted that th. ate does not own the property over whi-�h the new ;ess would be located, however, they are trying to work out this si'•uation. She noted that the issue regarding the dedic-lion of right-of-way will - -n regart'less of thin subc:ivision. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1218 THE ESTATE OF RUTH SMITH CONTINUED Hanson noted that he has a personal interest in this property but nu financial interest, therefore felt there was no problem with voting on this application. Brown noted that several of the accessory structu;.�* un the property are in a state of disrepair and as.:e,.,' .io*.a the City could deal with ghat. Mabusth stated that the condition of the accessory structure are not related to the subdivision, hoewevei, the City can inspect the structures and consider them under separate hazardous buildings proceedings. - There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Johnson, to table this application pending additional information per staff recommendation. Motion, Ayes 4, Nays 0. #1104 GREGG PERL 309 WESTLAKE STREET VARIANCES CONTINUATION OF PUBLIC HEARING 7:14-7:22 Gregg Perl was present for this matter. Gaffron explained the request for rear and side setback variances and height variance to construct an addition to existing residence. Applicant requesra a setback variance for the garage to be located 2' from the house structure, which staff recommends should be denied and structures should be attached for safety reason Regarding the height variance, he explained that a variance would not be required if the peak did not have open space, however because the peak is open space with window, a variance is required. ^egarding the septic system, applicant plans an interim repair of the system until it is known whether City sewer will come in in the next few years. If sewer does not come through, a mcund system is anticipated with no alternate site tested t,. date. Staff finds no problem with th- proposed interim repair. There were no comments from the pub? is regarding this matter and the public hearing was closed. It was moved by T.sunson, seconded by Johnson, to recommend appro'tal of tl- variances oer staff recommendation including attar. .ng the gararr- to house structure. N%.tion, Ayes 5, Nays 0. 2 lJ MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1988 ORDINANCE AMENDMENT - CLARIFICATION ON USE OF CLEAN FILL PUBLIC HEARING 9:07-9:07 The Affidavit of Publication was noted. CC, - 3; PRL CONT . There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, .seconded by Bellows, to recommend approval of the proposed ordinance amendment clarifying the use of clean fill. Motion, Ayes e, Nays 0. ,+E OF RUTH SMITH/CEDRICR DETTLOFF 1RCHARD ROAD SOUTH . SUBDIVISION OCR OF PUBLIC HEARING 7:31-8:02 Attorneys Betsy Baker and Edward Callahan representing the Estate of Ruth Smith and Attorney Larry Berg representing Cedric Dettloff were present for this matter. Mabusth explained that this matter was tabled at the November Planning Commission meeting pending res-:j.ve of the location of the existing septic system within Lot 1, need for the realignment of the shr-:Ad lot line providing a future access corridor i.,r Lot 2 if developed at some pu i.il in the future.- and dcturir.ination as to the type of wetlands within 2 not currently shown oia the preliminary plat. T, ,jacent property owners, the MacMi;. ; -n+s have execs _mod a preliminary purchase agr_eer., ►..t pending resolve ut this subdivision application. The septic location and tyke of soils within the designatea wetland issues cannot be resolved until sp-ing, therefore, staff recommends resolve of these i-:.,a%s prior to final plat approval. Cohen ob;ected to recommending preliminary su`!-;?iv-' •ion approval prior to resolving these issues. A*..orney r:..11ahan felt that the issues to be resolved were of nu consequer^e to grantiom preliminary a,.,rlroval of =he two -lot subdivision. Cohen voiced concern with dealing 4,itii the septic system issue if it is found to be encrciaching the lr t line. ._`torney Callahan felt that if the septic system was encroaching the Lot line ++ould just be a ma • t ti of --owing the septic system l -',e lot line and therefore should not delay preliminai. _subdivision approval. 3 LJ MINUTES OF THE. PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1988 #1218 SMITH/DF.TTLOFF CONTINUED Attorney Berg stated that the cold weather has prevented them from resolving the septic system issue. He felt the Planning Commission could approve the preliminary subdivision subject to requiring the septic system be moved if found to be encroaching the lot line. Bellows noted that proof that an acceptable septic site exists on every parcel is required for a subdivision, of which no testing on Lot 1 has been done to verify this, and the promise to move it cannot be made without the knowledge that an alternate site is available. Attorney Callahan eU that if Planning Commission feels that the sept _ system issue must be resolved prior to making a rec—,irdnendation, he requests that this matter be tabled until adequate information is available. He noted that he is also concerned about the lot line/access problem. It was moved by Cohen, seconded by Bellows, to table this application pending resolve of the septic system location on Lot 1. Motion, Ayes 5, Nays 1. Johnson voted nay stating he found no problem with giving conditional approval of the preliminary subdivision. #1240 NAVARRE DAIRY QUEEN 3574 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW/ VARIANCE/CONDITIONAL USE PERMIT CONTINUATION OF PUBLIC HEARING 8:06-8:18 Rick Plaisted was present for this matter. Jacobs explained the revised proposal for a drive- thru/pick up station addition on the west side of building and moving the garage storage area fur".h--r north on the property. He submitted the landscape plan provided by applicant which provides 20 parking stalls. Jacobs stated that based on other cities parking requirements, which vary, he recommended a standard for thisy type of use of 1 parking stall per 60 s.f. of building with a minimum of 15 parking stalls. Bellows noted that 5 (#1,2,3,10,16) of the proposed 20 stalls shown on the landscape plan were not f :sible parking stalls. However, without these 5 stalls, the plan still met the recommended 15 minimum parking stalls. Due to the upcoming County Rd. 15 improvements delaying the final landscaping for this project, Kelley recommended requiring a letter of credit for completion of the landscaping. 5 u MINUTES OF THE PLANNING COMMISSION MEETING HELD MiRCH 21, '098 #1256 MWCC CONTINUED tor. Carlson noted that he objected :.o the basis of the sewer per se and as a property owner he is not satisfied that an alternative method to drainwuter 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 standard;- in order to minimize the need for sanitary sewer around the lake. #1218,,ESTATE OF RUTH SMITH "iii:0RONO ORCHARD ROAD SUBDIVISION THIRD REVIEW This application wat; cabled per applicant's request. #1223 JOHN WALDRON 1951 CONCORDIA STREET CONDITIONAL USE PERMIT & VARIANCE REFERRAL FROM COUNCIL FOR REVIEW OF REVISED PROPOSAL John Waldron was present for this matter. Gaffron explained the revised proposal for grading, which would cut approximately half of the lakeshore yard down to a depth of 3' below the 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, some 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 relatively inexpensive stabilization option that is similar to the cribbing system using posts and concrete 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 he done along the entire width of the property. He was more in favor of stabilizing the bank by other means. Bellows stated that she too was in favor of stabilizing the bank properly without the need for the 3' cut. 11 U SIR FREDRIKSON & BYRON AARL 1 DILSSNIA RO/IRT H ZALK A PROFESSIONAL .ASSOCIATION PAUL I. LANDRY RENT G HAR/ISO' SIMON C ROOT SAND" YAIGIR IODIAL' JONN t /1 AON Ll0 f. STIRV TID S MIIRU MANY I STM'D IURTIR A /u/I1 IN IR Int RICA I IINCH PATRICIA A /IRNO' LYNN M GARDIN .101 JOHN 4 tAWIA JO TNOMAS w GAR7ON 1100 INTERNATIONAL CENTRE MICHAEL A TKITTItO JOINT w'cR.M NAM R JEROME I PEDINWN JOHN A SATok%7 MICH49L A STERN 900 SECOND A1'ENCE SOUTH W'DA C PLATSCHAKTI JAMIS I ►UTT /ANTE G /ORNTLLA I A11I1T G wIIIK AO/IRT T SANDS N91L A -tl"RT -ILUAM I SNOUT MINNEAPOLIS, MINNESOTA 55402.3397 t /cN AR MANS srsA' J NARDMAN CONWN St-sA% NANCT 1 O'KAA III ITH A WWI JOHN H MIRKLI TELEX 290569 FREDRIKSON MPS GREG AI SHARORr T AAINOI K. ►AIIIR KONDA ► UTIR RAYMOND Y NUR MOMAS A KING THO THOMAS S MAUR LIMST JONN A GRlMSTAD TELECOPIER 16121 ]a77077 ROBERT RO/IRT K MNl'M HAL I MORGAN /MOLIT ► L SrA'TASON STI IMP M IICK N ITOIT AMZ1L IAIWI �ILUAM EKIC S A N mvmA IL' H DAYID C GRORL'D TELEPHONE 16121 3a7-7000 AUR• A MNl'y LARAY D NALOH ANNY UDD NANLT D 1 LAMP R IIAT1uM GREINER w I MAC[ KO'MD I ►RII DEMANN LyA�RRY I IIRG WRITERS DIRECT DIAL N /A Kt .a OXLIN ON I. MANY ANN[ COWS'IC E CO IN CATNTR1Nl A RL'D[NICk CA N a NIL A ARKIN tR3 JOHN L ►OSVIRI JOHN J IRNAAT ANSCLt RANCU- MN X I IS'ANS _ _vA J SANDl RS GRIGORY ° AURA° CHARS ►. N[R ?ON G KOST MART ► f K QIINTIN T JOHNSON KATHUIN A HL'GHES tATRICA L SL'WSAX L St!LLN DAVI%ICK ARSHR DAVID R MARSNALL n mo-. Hr M X/ANIT JOHN M IXONIC[ RO/IRT C. IOISYIRT. JR JAMTS R HALLIK THONAS A-IUULMY -ILLS J w'RIOXT ,19:::A11 April 18, 1988 °"°`NL" NAROLD M /ALDAIASON URL 1 COL/OIV:. JR BY MESSENGER Mr. John Krenn Gray, Plant, Mooty, Mooty & Bennett, P.A. 33 South Sixth Street Suite 3400 Minneapolis, MN Dear John: This letter is to confirm for you and*for the City of Orono that my client, Cedric Dettloff, has authorized me to acknowledge his responsibility for relocating the on -site septic system on his property if the tests being undertaken should disclose that the on -site septic system encroaches upon the property presently owned by the Smith Estate. We expect that the tests will be reaey soon, and I will provide the City and you with copies of the results. Very truly yours, Larry LJ. Berg LJB I i deo `,-ac: Jeanne Mabusth L 91988 �j Is GRAY, PLANT, MOOTY. %100TY f; BENNETT. P. A. LAW OFFICES .[rw. . ..p [•f•Oc• 1•.H••. r,� 3-I•o0 CITY CENTER "� "••' .wc.•wo °`"` �` . �oo•c,,w THIRTY THREE SOUTH SIXTH STREET [�atr ...vt.o. .[s • c••woaa .[[ • ..wo J�••• . �.cwt ,a.r . .00.• [..» ..°,•. ...cc ••uoc• o" •«o,•,o" NINNE .APOLIS. III\tiESOTA :ii i02 +o.[w• [-••o.ra »[,r ••.�•o••. o•[oo•1 . . °.•»t •t„[• a.c••,[co «.+• wu ncu . •rr.c•, n�t.Qc1. .[•oust» ,o.. c ..ow c• TELEFIIONE 612.343.2800 •.o.. •.s �.» • sc."ca. ..°c •.o[r sor c�»,o. • sc-•o[ot+ •. n.. .c+•,c •c".c•. c.c.c+. ,.v+. oc.rsor cow.wo , c•a u.•"..w ;.o.•f o•+u»o TELECOPIER 612.333-0066 cn. , s•..c so" ..ou[. • ..�s•�. s u.o»so" ,o.r . r�c.o�s TN'X 910. 576 •277b •�c.•.o o .•..." w. .C.Ot".•Y[• •••[s c»•+o . •. » oc vtr .t" ,...t v.a u�c , ..00"[• . •c a•• • .•o[ o•��o . .00•• rs.t• •.0 ce o. owIt—. ..c.•.. • .•c..•• a.o� . .•rw.e ,., .r.. •.. eou ••[' c s+tv...nso" +n.�•. o •.n» v. •o�»�• s sc.u•[.• .o+» s c.ouc. +u.... +. o•. o[o•o. • w000 rw•" • c nut.,• T. .o.c• s .+.•.for vo . co•.c . • "o�•.o nova ,o... •..•[. sn..c» • not •c�c• . tt•srwo. .ou .[..."o •.•[•• ........ 1. .o.. o --cos .,. --c c . .oa, • v["•.[s. .. ro•. • aa[w ..cc" s •�.. o•sor •"c• •o[+.•" .[.rta •a..w• . s,o" o•»�c. • +-u..•r .�c.ai c •.o. ouc.•�» • •oc• •• oowo.c .."ooun• . �c..c. • cu".�.°»•. o•v.o c •.." •t- ta.c" .t",so. .cl.- ....t. DIRECT DIAL 343-2834 May 4, 1988 Members of the City Council Mr. Mark Bernhardson, City Administrator City of Orono Crystal Bay, Minnesota 55322 Ms. Jeanne Mabusth, Building and Zoning Administrator RE: Application #1218 Estate of Ruth Smith Dear Ms. Mabusth: In anticipation of the fact that this application will be presented to the City Council at its May 9 meeting, we are writing on behalf of our client, the Personal Representative of the Estate of Ruth Smith, to set forth our views as to why the application should be approved. Although the final issue is not complicated, the facts and background are. So we will begin with a recitation of the history which led to the present application. The application being considered is an application for preliminary approval of a subdivision of a rectangular piece of land immediately south of and adjoining the Orono Golf Course at Orono Orchard Road. The proposed subdivision will have the effect of dividing the total parcel into 2 lots, one being a roughly triangular piece in the northeast corner, generally referred to as the "Dettloff property," and the other being the remainder of the rectangle, generally referred to as the "Smith property." On the surveys the Dettloff property is designated Ms. Jeanne Mabusth May 4, 1988 Page 2 Lot 1 and consists of about 2.6 dry buildable acres. The Smith property, consisting of about ll.i acres dry buildable, is designated Lot 2 on the surveys. The applicant (which is an estate) does not now own Lot 1 and in fact the applicant never did own it. Sometime in the 1930's Spencer Smith, who owned the property designated as Lot 2, acquired the property designated as Lot 1. Aparently he caused both parcels to be joined in a single tax parcel, but the southwesterly line (the base of the triangular lot) of the proposed subdivision appears to be the former division line between the parcels prior to the time Spencer Smith bought Lot 1. In 1966 for rather obscure and perhaps uncomprehengible reasons, Spencer (joined by his wife, Ruth) m�,-3e a Contracu foi Deed agreeing to sell Lot 1 to Cedric Dettloff and his wife. Spencer appeared before the Planning Commission and obtained its approval of the proposed sale as eventually carried out. But no record exists of any City Council action. After 1966 Spencer Smith executed a document or a series of documents purporting to give Cedric Dettloff an option to purchase Lot 2 after the death of both Smiths. In the early 1980's, after Spencer and Ruth were placed under guardianships, the guardian, who is now the Personal Representative of the Estate, brought a lawsuit in which he tried co have the option declared invalid, and also to terminate the Contract for Deed which had not been completely paid off. The option was declared invalid. But the Contract was held to be valid and the guardian was directed to give a deed to the property designated as Lot 1 with a specific description of Lot 1 as it now appears on the surveys. In other words, the Court ordered a sale of the Dettloff parcel as presently described in the application. Consequently, and as stated above, the applicant does not own Lot 1. The division lines as presented for approval divide property which a Court has decided the Dettloffs own from property the Smiths continued to own until their respective deaths. Ruth Smith survived her husband and became the sole owner of Lot 2 and died January 1, 1987. This property (which is now being handled in her estate) was left equally to three national charities, none of them officing in Minnesota. Ms. Jeanne Matusth May 4, 1988 Page 3 Dettloff has not joined in this application, but has indicated to the City in writing that he has no objections to the granting of it. The purpose of this application is to regularize a situation and solve a problem created 22 years ago by parties now dead by obtaining City approval of the d& facto subdivision. This approval will permit the applicant to sell Lot 2. And, in fact, a purchase agreement has been entered into with interests of the MacMillan family which owns the property on the east side of Lot 2, conditioned on approval of the application. When the application was first presented, the staff found certain matters of concern to iL. But at present only one question remains to be addressed. It is as follows: As shown on the survey, Lot 1 contains a house which was probably there prior to the 1930's. The house has a drain field whose location is not known at the date of this letter. So when the drain field is located it may or may not be so near the proposed property line that its location would be in violation of the applicable subdivision section of the City Code. This application comes to you after a denial by the Planning Commission. The denial was based upon the staff's view of the situation and how it should be solved. This position was that the City did not know where the drain field was, and therefore a preliminary approval was impossible, and naturally a final approval was even more impossible. The staff originally basically took the further position that it was improper to grant any approval of the subdivision conditioned upon future action. That is, the staff took the position that the Planning Commission ought not to approve the application conditioned upon determining the current location of the drain field at some later time. And the staff also appeared to believe that if the drain field does prove to be "too close" to the subdivision line neither preliminary or final approval of the application could be granted conditioned upon removal of the drain field to another location on Lot 1. The approval, even preliminary approval, could apparently be granted only after removal. It is conceded by the staff and all concerned that an alternate drain field site does exist and has been located on Lot 1. Ms. Jeanne Mabusth May 4, 1988 Page 4 While there are other issues which did receive consideration by the staff originally, and perhaps some about which a decision must be made by the Council, none if these were addressed by the Planning Commission and all have, we believe, either been disposed of or are not ones which the staff believes should delay or prevent granting the application. This lengthy discussion of the current status seemed appropriate so that the Council may have tnc background facts upon which we bare our belief the application should be granted. And we hope that our discussions with the staff since the Planning Commission meeting may have modified the staff's view as well. Reasons For Approval First, the condition of Lots 1 and 2 considered in the context of the land use, zoning laws and related matters in the City, is an anomaly, is irregular and undesirable as a matter of public policy. To the world at large, except for the City, the subdivision as applied for describes the ownership of the land. The 1966 sale has resulted in both Lots 1 and 2 becoming unsaleable under the City ordinances and in the market place. And it has resulted in the current tax parcel being owned partially by an individual and partially by three charities (the estate beneficiaries). And it creates an extreme hardship on the new owners who did not create it. This condition was caused by the granting of a Contract for Deed 22 years ago by a man who has now been dead 7 or 8 years and cannot be changed by any wish or plan of the applicant alone. The condition can only be rectified with the aid of the City. Second, the applicant does not seek variances or relaxations in any way of the ordinances and regulations regarding subdivisions or the location of drain fields. The applicant believes that if the drain field on Lot 1 is too close to the line proposed it should be and must be moved. And the owners of Lot 1, t:.e Det'loffs, have informed us and the City in writing the. they approve rf our application anu will in fact both locate and, if necess.r2, move the drain field. But because the ground has been frozen from last November at least until very recently, the ability to find the drain field ;)y digging a trench has been curtailed. Perhaps it wi'l be done by the time you read this. Third, granting final approval of variances, Tonal use permits and similar items including subdivisions 1lication �Ms. Jeanne Mabusth May 4, 1988 Page 5 conditioned upon something being done in the future is so routine that in fact all the forms of the resolutions the City passes each week and has followed for 15 years have a specific final section headed "Orders, Conclusions and Conditions." A most recent subdivision allowed with conditions was the Catherine Cram application where the subdivision left buildings inappropriately placed and was granted conditioned upon future correction of that status. Fourth, although information about the location of the drain field must eventually be obtained to ensure compliance with the City ordinances, it is not necessary in advance of approval which can and should be conditioned upon removal of any encroaching drain field in any event. When the information is required, however, the applicant cannot provide it. The land on which it is located belongs to someone else. The City, however, can find the location at any time it wishes by its own authority and even without an application. We believe that the staff has been withholding its approval of the application until recently because in the case of the usual application, the requested information and the removal of the drain field, if required, or other necessary actions are within the control of the applicant. That is not true here and the applicant has no leverage over Lot 1 or its owners. Fifth, granting preliminary and final subdivision approval of this application will not expose the City to risk of having its ordinances violated because, after approval, although the applicant cannot cause compliance, the City can cause any drain field on Lot 1 to be removed since (a) it has notified the owner of Lot 1 of the application, (b) that owner ha,: indicated in writing support for the application, (c) in order to get the City to approve the application the owner of Lot 1 through his attorney has promised in writing to locate and move the drain field as required, and (d) the general governmental powers of the City give it such authority in these circumstances. Sixth, the division line which is causing the problem appears to be an historically existing division line between these Lots, and the house and drain field appear to have been in existence prior to the original joinder of ownership in Spencer Smith. So the division itself should not be objectionable. Seventh, if the City records are accurate, the 1966 sale was illegal under City ordinances and the seller would be subject to peiialties for selling the land. But the ordinances do not make, the sale itself invalid, or give the City the right • Ms. Jeanne Mabusth May 4, 1988 Page 6 to cancel it. You may wish to ask your attorney about this statement if it is going to affect your decision, however. Denial of the application cannot solve the problem involved. Please excuse the length of this letter. We hope, however, it will serve to put the application in focus. Very truly yours, John L. Krenn JLK:ct 4649y I ORONO To: Mayor Grabek and City Council Members City Administrator Mark Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 4, 1988 Subject: #1232 Betz Builders Inc./Clemment C. Kroll, 60/100 Stubbs Bay Road Final Subdivision - Resolution The applicant has fullfilled all the conditions set forth in the Resoltuion 2364, the resolution approving the preliminary 5 lot plat, On March 14, 1988 Council approved the name Christine Drive for the private plat road. Staff recommends approval of the final plat of Betz Addi+-4on subject to the findings and the conditions set forth in the st-. resolution attached. A RESOLUTION APPROVING THE PLAT OF BETZ ADDITIOT: APPLICATION NO. 1232 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 lands in the City; and WHEREAS, the City Council has considered the application for a subdivision of a five lot plat by Betz Builders Incorporated and Clemmert C. Kroll, the subdividers; and WHEREAS, the subdivision has been found to meet all standards of the RR-lB rural residential zoning district finding that each lot is of a size and configuration that will allow its use as a single fa .;l ly residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, inclining: 1. Completion of all the requ_ cements of Resolution No. 2364. 2. Dedication on the pl,-t of right of way for a public road shown as Stubbs Bay Road. 3. Creation of a new private road shown on the plat as outlot B, to be known hence forth as Christine Drive. 4. Concurrent with the creation of this private road, the subdividers have dedicated to the City a road and utilities easement granting to the City permanent access, improvement and utilities easements over said outlot; the subdividers have created nonexclusive ingress, egress, drainage and utilities easments over said outlot in favor of abutting and/ or benifiting lots including a declaration of certain maintenance covenants where in each of the abutting and/ or benifiting lot owners covenants and agrees to permanently maintain and pay the cost of maintance for said private road. 5. Dedication to the City of a flowage and conservation easement providing for limitations on wetlands and drainagQway described there in and shown on the plat as drainage easements. 6. Execution of a development agreement providing for installation of certain improvements as a condition of subdivision approval. Page 1 of 2 J 7. Payment to the City of Park Dedication fee in the amount of $600.00. B. Payment to the City for the legal review and filling of the plat easement and covenants in the amount of $150.00. 9. Payment to the City for the filling of the final plat application in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Betz Addition, Hennepin County, Minnesota, subject to the following conditions: 1. All five lots shall be served by the private plat road, Christine Drive. The existing residence on Lot 1, Block 2, shall cease all use of the existing access at Stubbs Bay Road at the time the base work has been approved for the new plat road by the City Engineer. The existing curb cut must be removed at t1lat time. 2. Prior to the issuance of building permits for new construction the road base must be completed and approved by the City and drainageway installed within shared lot lines of Lot 2, Block 1 and Lot 3, Block 1. 3. The aforesaid plat shall be filed by the City of Orono either with the Hennepin County Recorder's Office or the Registras of Title on or before October 9, 1988 together with a certified original copy of this Resolution and executed copies of Covenants and Easements noted above. 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 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 BETZ ADDITION w • r Y ALE ur SEE •DENOTES WNDW MONUMENT Ir T IY • �... �...i •w r Ni M r w...r•wrrw A I 93 i cif, To: Ma;or Grabek Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 4, 1988 Subject: #1254 Trinity Lutheran Church 2060 61 Ave. North - Commercial Site Plan Review, Conditional Use Permit and Variances - Resolution Additional Comments - Planning Commission Recommendation Additional Exhibits Exhibit M - Planning Commission Minutes 3/21/68 Exhibit N - Planning Commission Notice Exhibit O - Section 12.30, Subdivision n(E) Exhibit P - Gaffron Memo Exhibit Q - Letter of 4/8/88 State Building Code Division Exhibit R - Applicants Architects Submittal to MCWD Exhibit S - Jacobs Letter to Applicant Exhibit T - Applicants letter to City 4/28/88 Exhibit U - Brownlee '-etter to City 4/28/88 Please review the ,memo by Tom Jacobs dated March 11, 1988 that reviews the commercial site plan, Conditional Use Permit, and variance sections of this application Staffs additional comments in this section will deal only with the it,!os left unresolved with the Planning Commission's review at their Ma�:.cr--eting. Please rafAr to Exhli;it P. Gaffron recommends that a new septic system be installed to serve the current church use. He notes the existing failing system based on surface condirions of septic drainfield area noting seepage still persists. He bases his decision on authority set forth in Section 12.30, Subdivision 4(E) (Exhibit O enclosed for your consideration). Please review Exhibit T. Mr. Moleski has asked the City to please delay in asking for the complete installation of a new system. As with similar reviews in the past, staff must base its recommendation on Gaffrons findings and recommendations. Gaffron will be hapry to work with the church on the installation of a new system. Based on the above referenced section, there are no acceptable hardships that can be found to approve a variance t- this section. The applicant was also asked to submit additional. drainage information to the Minnehaha Creek Watershed District. Per Exhibit R, this was completed by Mr. Brownlee. Staff spoke with Keith Larson of the Minnehaha Creek Watershed on May 2, 1988 and Mr. Larson confirmed that a permit review was not required for the church and that the enclosed drainages :information was satisfactory. It z ears that the information sought was confirmation of the direction of the surface runoff as it leaves the property at the southeast corner. File #1254 Page 2 Applicant has appealed to the City to waive the requirement for sprinkling the building. Staff advised the Planning Commission at the time the applicant made the request that they had no authority to deal with such matters as this clearly involved state regulations and there were certain procedures to be followed under those regulations. Staff was asked by the Planning Commission to get thi3 confirmation in writing from the State Building Code Division. This had been done by Mr. Jacobs. Please review Exhibits Q and S. we would advise Council to allow staff to deal with the established procedures already setforth in state statute and that applicant will be provided tF � ability to present their alternate method to a Board of Appeals. Staff issued a land alteration permit to the church at the end of last year to allow the expansion of the parking lot. It was the understanding of staff that there would be no more than 100 cubic yards removed and blacktop applied to the area. There was never any consideration given to stockpiling of any additional fill resulting from that grading work. At the time of the site inspection, staff discovered approximately 300 cubic yards of fill placed to the northwest of the existing structure. Staff has no authority to allow 300 cubic yards of disturber: earth to remain and advised the applicant that they would have to remove it from the site or else seek approval from the City for a Conditional Use Permit. Please review Mr. Brownlee's letter of 4/28/88, Exhibit U. Mr. Brownlee asked for the City's special consideration to allow the existing fill to remain and to be included with the stockpile of fill from the excavation for the new addition to be later used for the final grading around the site. Staff has no problem with this as long as there are no changes in the proposed elevation shown on the final approved grading plans. The enclosed staff Resolution has been drafted per the Planning Commission recommendation and the recommendations sighted by staff above that would require the installation of a new septic system and to approve a Conditional Use Permit for the additional fill that resulted from the expansion of the parking lot, such fill to remain until final grading. WHERE' Lutheran Churul. property locatE-a (hereinafter "Cit; A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.28, SUBDIVISION 3(A) AND VARIANCES PER SECTION 10.61, SUBDIVISION 5(A) AN. A CONDITIONAL USE PERMIT PER =' CTION 10.03, SUBDIVISION 19 FILE #1254 Moleski, an authorized representative of Trinity nafter "the applicant") has an interest in the 2060 6th Avenue North within the City of Orcno legally described as follows: Refer to ExhiLit A, attached to this resolution (hereinaiter "property"); and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to offically approve the exiscing church use totaling 15,751 ,.f. of structure and the proposed additions to said structure totaling 11,434 s.f. per Municipal Zoning Code Section 10.28, Subdivision 3(A) and per section 10.61, Subdivision 5(A) grants a side setback variance of .5' or .05% for an expansion of the parking lot on the east side of the property and a front setback variance of 37' or 74% for the expansion of the parking lot within the required front yard setback area, and per Section 10.03, Subdivision 19 grants a Conditional Use Permit for the use of 300 cubic yards of fill to be used in final grading of the site and approves the commercial site plan submitted by Station 19 Architects, Inc. dated February 16, 1988 for the addition and remodeling of the (.isting church structure and site improvements. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1254. 2. The property is located in the RR-lB Rural Residential Zoning District requiring a minimum of 2 acres in area for all uses. 3. The property is appr,)ximately 4.4 acres in area. Page 1 of 6 4. The Orono Planning Commission reviewed this application on March 21, 1988 and recommended the approval of the proposed parking setback variances based on the following findings. A. The variance will not alter the essential character of the locality. B. The standards fcr parking are for residential/dwelling units and may not be appropriate for quasi -commercial uses. And recommended approval of the Conditional Use Permit for the existing church use and expansion of the church structure based on the following findings. A. A church has existed on the property since the early 1950's. B. The existing church structure meets all of the required setbacks and all existing improvements satisfy all required setbacks And recommends approval of commercial site plan improvements based on the following findings. A. The proposed exterior building material is consistent with existing building materials. B. Traffic patterns/flow have been improved with the closing off of the interior access, thereby reducing the potential hazards to safety. C. The expansion of structure and proposed parking areas and changes in grade will not effect the neighboring properties nor create any significant changes in the existing drainage pattern. 5. The Orono City Council reviewed the applicants request for approval of a Conditional Use Permit to allow approximately 300 cubic yards of fill to remain on the site during construction, such fill to be used in the final grading of the site, based on the following findings. A. The fill has been placed such that it will deter severe erosion. B. The applicant will need additional fill to complete the final grading and landscape plans for the site. Page 2 of 6 C. The current placement of the fill will not create any Froblems for the adjacent properties. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variz.;i,�es would not adversely affect traffic conditions, light, air nor po—: a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. 7. The City Council finds that granting a conditional use permit to the allow the expansion of the existing church and the placement of 300 cubic fill on the property would 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 cr-operty values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Basekl upon one or more of the above find Sv he Orono City Council hereby grants a variance to Municipal Zonin t'.. 3ection 10.61, Subdivision 5(A) for the expansion of the existing E-.; 4 area and per Section 10.28, Subdivision 3(A) approves a Conditional 2 Permit for the existing church use and the proposed expansion of the church structure and grants a Conditional Use Permit per Section 10.03, Subdivision 19 that would allow the borrowing of approximately 300 cubic yards of fill to be u,ed in the final grading of the site and approves the commercial site plans per drawing by Station 19 Architects, Inc. dated February 26, 1988 entitled Additi-in To and Remodeling of Trinity Lutheran Church, Long Lake, Minnesota consisting of a site plan, grading plan, landscaping plan, floor plans for the lower level and the first floor and elevations. These comprehensive apprL* als are subject to the following conditions. 1. The landscaping/grading plan shall be amended to.. jn(clude screening along the eatt lot line required as a condition of the setback variance approval. Such screening to be reviewed by the Building & Zoning staff at the time of the building permit application review. 2. Site plan shall be amended to include the following improvements. Page 3 of 6 A. East access to be realigned in order to line up with North Brown Road intersection to improve traffic flow. B. Curbing to be installed along the east side of the parking area. C. Sign presently located in right-of-way of County Road 6 to be removed if Hennepin County Department 0` Transportation does not submit a letter approving the location of the present sign. D. Designate qj11 approved parking places/stalls on site four handicapped stalls are to be designated - omit spaces that block loading area on north side of church building. 3. Applicant shall provide adaquate soil erosion control throughout the entire building and grading/restoration of site. 4. Per State Building Code 1305.6905, a fire suppression system must be provided throughout the entire church structure. 5. Per Section 12.30, Subdivision 4(E) of the Orono Municipal Code, based on confirmation that the current septic system is failing, the City will ask for the immediate installation of a new septic system. 6. Applicant must provide fire lane posting and additio_,al signage deemed necessary by the fire inspector. 7. Authorities granted by this resolution run with the prorerty 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 the special conditions of this resolution will expire on that date (May 9, 1989). 8. Violation of or non-compliance with any of the terms and condi- tions 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. 9. The undersigned applicant has read, understood and here ' agrees to the terms of this resolution and on behalf of the chur,-.,, their Page 4 of 6 61 successors and assigns, hereby agrees to the recording of resolution in the chain of title of the property. Adopted by the Orono City Council on thii 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 5 of 6 61 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Pdministrator Bernhardson From: Thomas J. Jacobs, Senior Building Inspector Date: March 11, 1988 Subject: #1254 Trinity Lutheran Church, 2060 Sixth Avenue North - Commercial Site Plan Review/Conditional Use Permit - Public Hearing 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 - Proposed :andscape Plan Exhibit G - Proposed Floor Plans Exhibit H - Floor Plan - Sanctuary Exhibit I - Proposed Elevations Exhibit J - City Engineer's Report Exhibit K - Letter From Karen Ziminski to Hennepin County DOT Exhibit L - Letter From Hennepin County DOT Related Code Sections - 1. Commercial Site Plan a) Performance Standards - Section 10.60 b) RR-lB Standards - Section 10.28 2. Conditional Use Permit a) Permitted Uses - Section 1C.28, Subd 2 & Section 10.20, Subd 2 (B) b) RR-lB Standards - Section 10.28 c) Granting Conditional Use - Section 10.09, Subdivision 6 s. Variance - Parking Lot Setbacks a) Parking R Districts - Section 10.60, Subdivision 4 (A) Proposed Required Variance Side 9.5' 10, .5 or .05% Front 13' 50' 37' or 74% Applicant's Request - Applicant has an existing structure with approximately 15,751 s.f. and is proposing to add 11,434 s.f. which will give a total of 27,185 s.f. The additional square footage will add to the following areas: 1. Worship area 2. Classroom space 3. Narthex /lobby a -.:-ea 0. Zoning File #1254 March 11, 1988 Page 2 of 7 The additions to the structure will be constructed at the following areas: 1. West en- - 12x47' addition is proposed. 2. North end - court yard will be filled in and an approximate 35x28' addition is proposed. 3. East and south - concrete sidewalks are proposed. Conditional Use Permit - Zoning Code Section 10.28, Subdivision 3 (A) - refers to R-lA District - permitted conditional uses. The church is an existing use on the property but has not received a conditional use permit. This type of use is a permitted use with a conditional use permit in a residential zone and meets the requirements of Zoning Code Section 10.09, Subdivision 6 - granting a conditional use permit. Applicant has stated that in the future they may want to provide day- care facilities. This is not included in this application and would require review by the Planning Commission and the Council for an expansion to a conditional use permit. Commercial Site Plan Review - 1. Performance Standards - Section 10.60 2. RR-lB District - Section 10.28 Zoning District - RR-lB Required Existing Proposed ---------------------------------------------------------------------------- Area 2 acre minimum 4.4 acres - Meets Required Lot Width 200 ft minimum 550 feet - Meets Required Setbacks-Bld:- Front 50' 110' 110' Meets Required Rear 50' 165' 165' Meets Required West Side 145' 145' Meets Required East Side 230' 230' Meets Required Screening - Section 10.60, Subdivision 10 Screening has been provided along front lot line (Exhibit F) as required by the above Zoning Code Section. It will also have to be provided along the east lot line to provide a barrier from the residential zone. This barrier must be a fence or plantings approved by the Planning Commission and Council. Zoning File #1254 March 11, 1988 Page 3 of 7 Drainage - Section 10.60, Subdivision 15 The drainage has been reviewed by the City Engineer and Minnehaha Creek Watershed District. The M.W.C.C. has reviewed the project and since there is no change in the direction of drainage and very little change in additional parking lot, they will approve it with the following comments: 1. Soil erosion control will be maintained throughout the project. 2. Any future construction of the parking lot to the west must be submitted to M.W.C.C. for approval. The City Engineer's comments are similar to those of the M.W.C.C. Traific Control/Access (Exhibit E) - Section 10.60, Subdivision 16 Review of the two access points by the Hennepin County Department of Transportation Department was looked upon favorably. The only comment was that the east access must be lined up with North Brown Road (see Exhibit L). Traffic flow within the parking lots was reviewed by the City Engineer (Exhibit J) with the following comments: The extension of the parking lot to the north will require extensive grading work. We recommend that a grading plan be submitted indicating final contours for that area. The drop off/turn around created by extending the sidewalk onto the driving surface creates a driving hazard. We recommend it be revised or eliminated. The extension of the parking lot has been done with grading permits from the City and the contours shown are final. Signs - Section 10.60, Subdivision 1 Existing sign is located over the lot line. There has been an attempt to acquire more property in this area to no avail. This sign must be relocated on the church property, 5' from the property line, and not exceed 8' in height above grade. Zoning File #1254 March 11, 1988 Page 4 of 7 Parking (Exhibit E) - Section 10.60, Subdivision 4 A .ariance will be needed to allow parking as proposed. Orono Zoning Code Section 10.60, Subdivision 5 requires setbacks as follows: Proposed Required , Variance Side 9.5' 101* .5' or .05% Front 13' 50' 37' or 74% The setbacks required above are for R Districts and therefore do not relate to a church. The proposed parking does not create a hazard to the health, safety and welfare of the public. The formula for the number of spaces required is as follows: one space per 4 seats in assembly area. Occupant load for the sanctuary is 378 occupants, thus parking must be provided as follows: 378 occupants/4 seats per space = 94.5 or 95 spaces required Shown on the plan is 176 spaces which meets the minimum number required. On space should be eliminated at the access point to loading berth, therefore 175 spaces will be provided plui, 20 future spaces. Of these 175 spaces, 4 must be handicapped spaces. The surface of parking area w; ll. be asphalt paving. Curbing must be provided on the east parking area along the lot line. Building Materials and Building Plans (Exhibit I) - The type of material will consist of stucco and wood. This conforms to the existing materials used. Building Code Review - Preliminary - Per State Building Code 1305.6905, special fire suppression systems must be provided throughout the entire structure with an antomatic sprinkler system for fire protection. Fire Code Review - Access through parking is acceptable. Fire lane posting should exist at drop off areas and fire department connection location (not determined yet). Septic System - The existing septic system is not documented, but is expected to be found as substandard in size and design for this addition. Unless applicant can prove that the existing system is adequate for all potential anticipated use, we would require a total upgrade or replacement of that system. Soil testing and system design would have to be submitted and approved by the City prior to issuance of any permit for the building additions. Zoning File #1254 March 11, 1988 Page 5 of 7 Landscapinq Plans (Exhibit F) - Landscaping is shown along the front of the lot screening the parking lot. Screening/landscaping should be added along the east lot line to also screen parking lot. The abandoned access is shown to be removed and sodded. Staff Recommendation - Staff recommends approval of the conditional use permit based on the following findings: 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. 2. The proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the pubic health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Code. 4. The church is an existing use on the property. The use is a permitted use with a conditional use permit, subject to tha following conditions: a) A conditional use permit may be revokable, may be granted for a limited time, or may be granted subject to such conditions as the Council may prescribe. b) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this Section shall prevent the City from enacting or amending official controls to change the status of conditional uses. c) A certified copy of any conditional use permit shall be filed with the County Recorder or Registrar of Titles of the county or counties in which the City is located for record. The conditional use permit shall include the legal description of the property included. Zoning File #1254 March 11, 1988 Page 6 of 7 Staff recommends approval of the parking variance based on the following findings: 1. Th-2 variance will not alter the essential character of the locality. 2. The variance would not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity. 3. The standards for parking in this residential zone are for dwelling units. Approval is conditioned on the following: 1. Screening be placed along the east lot line to screen the residential property. 2. The driveway access line. up witli North Brown Road. 3. No other variances are required. Staff recommends approval of the commercial site plan review based on the following: 1. The proposed structure and operation is not detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity. 2. Building .naterials conform tc existi.g ►nat,-r?.als. 3. Traffic flow/access ai�a parr.ing meet the requirements of the Zoning Code. 4. Drainage will not affect neighboring properties. 5. Access to the property will be improved. Approval is subject to the following conditions: 1. Remove existing sign, locating it 5' from lot line not to exceed ► 8' in height. 2. Provide screening for parking lot along east lot line. 3. Provide soil erosion contol throughout ccnstruction where needed. 4. Provide automatic sprinkler system (fire) per State Building Code. Special fire suppression systems. 5. Drop off areas to be designated as fire lanes. Zoning File #1254 March 11, 1988 Page 7 of 7 6. Provide 4 handicapped spaces. 7. Omit parking space blocking loading berth. 8. Mark of all parking spaces. 7 ,A;(�+,� resT�na I . c CITY OF ORONO - GENT" L LAND USE APPLIC PROPERTY LOCATIO'7------------------ --- +----�_----.,� Site Address ?nAn Sixth Avenue North Property Identification Number (P.I.D.) CITv `c Cr�C�YC ii Please check one - Property abstract or torret���,}r•OOODv �� (for Conditional Use Applications only) G': 1` .G1A c; ro Please attach legal description to application if not incluCTHA- Ti �OV VV rcroT-r,q-uv&- vnii on required survey. �� CAI I I n,vi Iuv ' -------------------------------------------------------------#A6,�18 -� 4- ,ZVI APPLICANT Phone ( home) I. -5.�VV Name Trinity Lutheran Church Phone (work) 473-8577 $(r`7 .SSgS Address 2060 Sixth Avenue North City Zip ---------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone Address C.ty Zip Date Property Acquired (month/year) I (do-) (do not) also own the adjacent parcels of land. ------------------------------------------------------------------------------ FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use X $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg ,,AI Y LJI m s'ONO Ty,NNjrE r)ccrrE l t\/71+ ✓1 I AV $250.00 d) Commercial/Industrial Use 0 �1 GE,N J^11 0.00 $200.00 f) Land Alteration LXECA TL J00.O^ , ECE1PT-TNANK I'T" Grading and filling - des igna+tAdF* afiffl ftf*L� floodplain A7i?` 'N Grading and filling - 101 cu. yd. or mor`e1 Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation with Subdivision $250.00 P-7.nning $100.00 Appea.- Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential X Other (specify) Church --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Building expansion and remodeling as shown on attached drawings, variances fre,.,t yard set back and sign - 4, x 12' ----------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. CArtified Property Owners List of owners withip 350'(you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed tc each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in e1r.vation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a :separate list of any other persons you wish notified of this application. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. 41 Applicant's signature �� Date 2/22/88 C urc unc lember OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and tu:ther authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature f.- Date 2/22/88 ------------ - ----- ---- ------------------------ Applicant must have all submi - als into the Cityoffices 25 days before the Planning Commission Meeting. Planing Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. cp RU4 DATE 03/03/28 BATCH 002 38 27-118-23 31 0002 PPOP ADOR 02060 SIXTH AVE N OWNER NAME TRINITY ENG EVAN LUTH CH INC TAXPAYER TRINITY LUTHERAN CHURCH NAME/ADDR 2060 6TH AVE N LONG LAKE Yd4 55356 38 27-118-23 31 0009 PROP ADDR OWN`-P NAME ORONO WOODLANDS INC TAXPAYER OR0NO WOODLANDS INC NAME/ADDR 2160 6TH AVE N LONG LAKE MN 55356 38 27-118-23 42 0003 PROP ADDR 01940 SIXTH AVE N OWNER NAME VIRGINIA M WOLSFELD TAXPAYER VIRGINIA M WOLSFELD NAME/ADDR 1940 6TH AVE N LONG LAKE MN 55356 °9 27-118-23 42 0007 PROP ADDR 01940 LAKEVIEW TER OWNER NAME EVELYN E ROSS TAXPAYER EVELYN E RGSS NAME/ADDR 1960 LAKEVIEW TER L0NG LAKE MH 55356 80 27-118-23 24 0004 PROP ADDR 02140 6TH AVE N O>:NER NAME PAUL R PHILLIPS TAXPAYER PAUL R PHILLIPS NAME/ADDR BOX 520 LONG LAKE MN 55356 HENNFPIN COUNTY PPOP:RTY INFORMATION SYSTEM PPC'-ERT'. OWNERS LIST 38 27-118-23 31 0005 02135 SIXTH AVE N RICHARD C VALITON ET AL RICHARD t SALLY VALITON 2135 COUNTY ROAD 6 LONG LAKE MN 55356 38 27-118-23 31 0014 02145 SIXTH AVE N DANIEL G d RUTH G MCPHERSON DANIEL G 4 RUTH G MCPHERSON 2145 6TH AVE N LONG LAKE MN 55356 38 27-118-23 42 0004 01990 SIXTH AVE N DANIEL A BERGERON DANIEL A BERGERON 1930 6TH AVE N L014G LAKE MN 55356 80 27-110-23 13 0001 DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 WARNER. RD ST PAUL MINN 55106 80 27-118-23 24 0005 MARY B PHILLIPS MARY B PHILLIPS BOX 520 LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 3 38 27-118-23 31 0006 01095 BROWN RD N R D ZIMINSKI d K ZIMINSKI RICHARD D 3 KAREN ZIMINSKI 1095 ERONN RD N LONG LAKE MN 55356 38 27-118-23 31 0018 02140 SIXTH AVE N PAUL R PHILLIPS PAUL R PHILLIPS BOX 520 LONG LAKE MN 55356 38 27-118-23 42 0006 01960 LAKEVIEW TER EVELYN E ROSS EVELYN E WALLER 1960 LAKEVIEW TER LCNG LAKE MN 55356 80 27-118-23 24 0001 DEPT OF NATURAL RESOURCES DEPT OF NATURAL RESOURCES 1200 WARNER RD ST PAUL MIN14 55106 TOTAL BATCH 002 00014 RUN DATE 03/03/38 BATCH 002 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 4 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS PATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO�THE BEST OF MY KNOWLEDGE AND BELIEF. i DATd BY 0-/ - I r v C/ , O 1 y; f CITE or 01901" ry 110 'It00 0 e,� csa (41 c.` till % lE,q Off• (Zl •� � wi �frT1+ AVE-rt9'1 S ATE .t .•.rti �. `�� `: i,y� ,GS :. cro —IEVIEw � ` _G =(1., ...,. ,LAKE .•. ;mat af( 'Oft. •it ` '.• a �Sf 1 °j f of / K Y LA E -> f• •�/�7(} i / �� ISM 4 copm9ly .i ,rtI �-( I >/•, up CITY OF ORONO NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, March 21, 1988 on the matter of the following land use applications: 1 - #1248 Thomas R. Williams, Jr., 4127 Oak Street, seeks renewal of lot area and width variances to allow construction of a new residence. 2 - #1249 Daniel W. Cronen, 2780 Shadywood Road, seeks a hardcover variance within the 75' to 250' setback area to allow a three car garage addition. 3 - #1250 Dana M. Wells, 1397 Orono Lane seeks a side yard setback variance for a two car garage addition. 4 - #1253 B. John Lindahl, Jr, 1406 Bohns Point Road, seeks a street setback variance for the proposed construction of a detached garage. Qek i1254 Trinity Lurtheran Church, 2060 Sixth Avenue North, s a conditional use permit for the expansion of the existing church structure and setback variances for parking and church sign in street yard. 6 - #1256 The Metropolitan Waste Control commission will require conditional use permits and variances for land alteration within the lakeshore protected area and the installation of utility structures within neighborhood areas adjacent to the County Road 51 and 19 intersection. 7 - #1258 John and Kathy Ehlert, 1785 Concordia Stre seeks side and lakeshore setback variances and a varian(_. for a 5 foot encroachment of the flood plain for an addition to the existing residence. All persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Jed ne A. Mabusth Building & Zoning Administrator To be published the week of March 7, 1988 +. ENTRY - IIDICA C)$ME PLAN ISM PA we r6s" . NDN1M \y O WOLSFELDs NATURE AREA: to r �i ---NEW ADD1T10NAL PARKING ENTRY r— STAnm A if t n + Fay, aA, Is" VMA` SE 2 . ADDiflC11 TD AND REMODELING OF TRINITY _ LUTHERAN CHURCH LONG LAEL OIL V EYELNTTAL: CowortloNAL DSE ►ERNS. A rA3KANCE REONENT r�+r all 1 s t ; _1_4 I _•`` � J / l t- •ri0o0' wtt'tEu•w ti' .- :J�,.. i� � � :�}W`TC'f M.�w�rl�c •"'dam } ,; _ �: wad --¢a a Q-►N.a-p � �rvo,....�r�,.�tTu�c.wa•.Tw{ J 1 1 rHASE 0 J _ LDOITtOM TO ANY, 11lr ODLLlme Ori TRINITY _ LUTHERAN CHURCH tOMQ ucC UK. 1 2 S SA 4 fA SA— OSWIM .r — -- — —4w. ar— —.— —- 1 N/ -- — — YOUTH I _ � fffllll t 1 E TRY ST�O AGEy illp1 �I — C - I STOR. KITCHEN DISHWASHING i CLRM. --- i..- W CLASsRooYS STOR. ! , — — -- SERVING�- - I I STOR. - } CLRM, t — ----- .. _ —�._p p_ `- CLAS4ROOYS I FL. EL. 1625.11 —---�--_- -__ / i r_•— _�— F�L—. E_L_ \ CLRY. FL. EL. 025.11 ' t:• t F PHASE 2 MECH CLAM. A[DDI"GN TOAND D NYLNG CLAM. C� CLASiROOYS 6 TRINDITY m` LUTHERAN CHURCH LONG LAXLOIL CLAM. CLAM. STORCLASSRC 1 L W UPL-mj�MIECAHAIWMCAL, Q 22 22+� LortN t[tnt PLAN } I L 6 _Jf.lf.iL— PHASE 2' ADomoss TO ANc Item"lL+NO OF TRINITY LUTHERAN CHURCH LONG LAM wig. FIRST PLO" FLAN i SANCTUARY EXISTING _ ADDITION BEILTOWER \ SHINGLE NEW WINDOW ROO' \, NEW NARTHEX ADDITION NE". WINDOW NEW WOOD AND ENTRY SHINGLE ROOF BATTENSON STUCCO e Q zpw EXIST. STONE EXIST. WOOD BATTENS EXIST. STONE.] NEW ENTRY ON STUCCO . SOUTH ELEVATION NEW STUCCO NEW STUCCO ON EXISTING F71771� NEW WINDOW — EXISTING WOOD BATTENS ON DURAPLY SKYLIGHT SHINGLE ROOF a 3311gle '- EQ N_. ..;ILEVATION v�� s t -o NEW STUCCO el 4r, ni. 26, 2»u_ i • i PHASE 2 i •oo,T10N TO AND NcroocL,NG or TRINITY LUTHERAN CHURCH LONG LAM ■N. NEW STUCCO NEW WOOD BATTENS ON STUCCO NEW STUCCO ON EXISTING -7 Im EXI! BEL SH11 RO( NEW STUCCO - ON EXISTING SHINGLE ROOF NEW STUCCO 0 SHINGLE ROOF �� -ELEVATION I NEW STUCCO r- SKYLIGHT ,EXISTING BELL TOWER PHASE 2 AOCITION TO AND M - 0'l"Oo"'"r TRINITY LUTHERAN CHURCH LONG LAKE. blK. IL L L NEW VW40MOD SANCTUARY NEW WOOD\- NEW STUCCO BATTENS ADDITION BATTENS ON STUCCO ON STUCCO ELEVATION ./ Bonest roo Otto G Bonettroo, PE W Rouge, PE Rob�I bupn C Anderhk, PE Joseph Ke.th A Gordon. PC Ronald C Foster, t. Donald C 8urgarm. PE Thomas W Peterson, PE Challes A EIKktOP James C l and. PE Leo M Pl lsky James R M.•Und. PE Harlan M Olson Olson Rosene Anderlik $ B.adtord A Lemberg, Pt RKhaId E Turner. PE James C PE Gntnn R Cook.00k. PE ferry A Bourdon, PE Mark A Hanson, PE Teo K PE MKhael T Rautmann. PE Kenneth P A.nderson, PE Susan M Eberhn Kedh A Bx nmann. PE Mark A Srvp Mark ItROIIs, Pf Rupert C Rutuk, A; A J Associates Thomas E Noyes, PE Robert G Schunrthl. PE RoLert R Pteltelle. PE O.Wtd O Eoskola. PE Thomas E Angus. PE Howard A Santoed PE Marten l Sorvala. PE Engineers & Architects March 7, 1988 JI City of Orono Box 66 Crystal Bay, MN 55323 Attn: M8. Jeanne Mabusth Re: Application No. 1255 - Trinity Lutheran Church Our File No. 139-1255 Dear Jeanne: We have reviewed the plans for the parking area and access locations for the Trinity Lutheran Church improvements. The plan provides for the elimination of 1 of the existing 3 acesses. The remaining accesses meet our approval. The extension of the parking lot to the north will require extensive grading work. We recommend that a grading plan be suhmitted indicating final contrturG for that area. The drop off/turn around created by extending the sidewalk onto the driving surface creates a driving hazard. We recommend it be revised or eliminated. If you have any questions, please contact this office. Yours very truly, BONESTROO , ROSENE, ANDERLIK 6 ASSOCIATES, INC. Michael C. Lynch MCL:df 8179E 2335 West Highway 36 9 St. Paul, Minnesota 55113 • 617 636-4600 erne ,in t: ...__rin�,-ton av:?rae :- nesotu 35. JEi u• : ��•. ::.�ttsent J -v,3:;ar:: to the a�,plica ''f _''_':nit; -zth sverue ::orth. Cron r .i corli tional use Fe:mit -o=• the er"ansion of exi=tin c:.u:ch stz-a--ture Euid setb&A variances for pr_:.i: S and c::urc;: si;n in street nerd. ':ie :-ve sei i ;:ct to c'ca; to cur underlying :ee e:mership e: the unused r=;;?:�-of-:r,f of C�:ui o on the north side cf the ceur_ty road to : ii := ty :.at::e= azl �,.IL"Ch: axe DFPARTMENT OF TRANSPORTATION 32U Vvashington Av. South HENNEPIN Hopkins, Minnesota 55343-8468 U—U 935-3381 March 10, 1988 Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: RE: Proposed Site Plan - Trinity Lutheran Church CSAH 6, Opposite Brown Road North intersection Section "--jxnship 118, Range 23 Hennepin County No. 1610 Review and Recommendations We reviewed the above site plan and make the following comments: - No additional right of way required along this segment of CSAH 6 at this time by Hennepin County. - Hennepin County supports the removal of the middle existing driveway. The ditch must be rc.tored to Hennepin County standards. - Any revision to the existing east and west driveways will require an approved Hennepin County entrance permit be. -ire beginning any construction. Requirements of this permit will include intersecting the west driveway with CSAH 6 at a right angle and widening to east oriveway to accomoca'-e more traffic and to decrease the offset wi,.n Brown Road - All proposed construction within County right of way requires a•i approved utility permit prier to beginning construction. This includes, out is not limited to, drainage and iti'ity-o^struction, trail development, and landscaping. Contact our Maintenance Divi!•i,., utility permit forms. - The dE,,Iloper must restore all "r�-ls dr„ing construction within County right or way. Please direct any response or questions to I_,, ar;r-'t Sincerely, NCLf� !//• ���-{ilc-�x-c�f David W. Schmidt, P.E. Transportation Planning OWS/LOW: Iw HENNEPIN COUNTY an Equal opportunity employer Irl MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 i1254 TRINITY LUTHERAN CHURCH 2060 SIXTH AVENUE NORTH CONDITIONAL USE. PERMIT/VARIANCES 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 requirement 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 has adopted. Mr. Lundquist stated that it was 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 sit•. He noted that the new design will have an enhanced pedestrian 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 Commission could not decide on this issue, it would have to be addressed by the City's legal staff and Council. Bellows noted that no future day ca-� 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 c:id not feel this plF 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. 13 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 #1254 TRINITY LUTHERAN CHURCH 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, Gaff ron stated that it may be difficult to do soil testing at this time. Dick Brownlee proposed that their engineer 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 Council meeting in April. It was moved by Chairman Kelley, seconded by Johnson, to recommend approval of t'ie Commercial Site Plan Review, conditional use permit, 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. #1258 JOHN & KATHY EHLERT 1785 CONCORDIA STREET VARIANCE/CONDITIONAL USE PERMIT PUBLIC BEARING 9:38-9:59 The Affidavit of Publication and Certificate of Mailing were noted. Jack Anderson and Nick Ruehl of EOS 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. Lakeshor- setback - required 75', proposed 71'. 2. Side setback - required 10'- proposed 3.5'. 3. 0-75' Hardcover - allowed 0% - existing 533.4 s.f. - proposed 576.4 s.f. 4. Average lakeshore setback 14 9 ZONING FILE NO. 1254 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3/22/88 --------------------------------------------------------------------------- TO: Trinity Lutheran Church COPIES TO: Attn: Craig Moleski 2060 Sixth Avenue North Long Lake, MN 55356 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variances/Conditional Use Permit --------------------------------------------------------------------------- DATE OF MEETING: 3/21/88 VOTE: 4 For Against Planning Commission .ecc—ends the following: Approval subject to conditions noted in staff memo and adopted by the Planning Commission. NOTES AND SPECIAL CONDITIONS: Staff has been advised by the M.C.W.D. that they will need more information concerning site drainage between parking lot and Long Lake (please rrview the enclosed letter and contact Kevin Larson). A complete septic inventory of the existing facility and need for alternate septic testing must be completed prior to scheduling Application #1254 before the Orono Council. Please contact Michael Gaffron (473-7357) who will provide direction on the specific of this report. The Planning Commission has also directed staff to resolve the issue of granting variances to Appendix E by contacting both the City Attorney's office and the State Buildinq Code Division. As soon as we receive confirmation on this matter you will. be advised. If you have any further questions at this time, please contact Tom Jacobs or Jeanne Mabusth. •t11D:MtL t-JNJIR� D OAS LAKE MINNE P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF AUJO ERS Camille 0 Andre. Res • Albert L Lehman . John E Thomas � James R. Spensley • Richard R Miller • Robert D Erickson • C Woodrow Love March 17, 1988 Ms. Jean Mabusth City of Orono Box 66 Crystal Bay, MN 55323 RE: Application #1254 Application #1256 Application #1258 Dear Jean: Trinity Lutheran Church Metropolitan Waste Control Corr John and Kathy Ehlert I have reviewed the above -referenced project and have Application #1254 Trinity Lutheran Church Need more information concerning site drainage betweer Lake. Application #1256 Metropolitan Waste Control Commissi Report is attached. Application #12`.8 John and Kathy Ehlert Due to the minimal floodplain encroachment (less than 1 yd3) no permit will be required from the District. If you have any further questions, please contact me at 473-4224. Sincerely, EUGENE A. HICKOK AND ASSOCIATES M for the istrict 0. Kevin C. Larson, Engineer bt 9 12.30 4. Site limitations including soil characteristics and lot size may require Alternative System design for the repair, alteration, extension or replacement of existing systems, or for the construction of new systems on lots of record as of the date of adoption of this Section. In such cases, the city shall have authority to approve, conditionally approve or disapprove the proposal. 5. Subdivision proposals may include Alternative Systems for one or more proposed lots. In such cases, the City's re ,iew and recommendations shall be forwarded to the Planning Commission and Council for inclusion in the review of the preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate the use of Alternative S stems. E. Building Permit Applications. No building permit shall be issued by th,� City for any new building which will be connected to a new on -site system until the site evaluation report and system design specifications as required the Design Manual have been reviewed and approved by the City. No building permit or plumbing permit shall be issued by the ity for any expansion or alteration of a building or use connected to an existing on -site system, until such system has been inspected and certified by the City as being in compliance with this Section. Whenever the addition of bedrooms or plumbing fixtures, or a change in the character or intensity of the established use is proposed, the City may require the review and/or replacement, repair, alteration or expansion of the existing system or any portion thereof F. Subdivision Applications. No subdivision, lot division or replatting for the purpose of creating a new building site, which property includes the use of on -site systems, shall be approved by the City until a site evaluation report as required by the Design Manual has been reviewed and approved by the City, and all existing systems have been inspected and certified by the City as being in compliance with this Section. 1. Wherever the site evaluation report indi- cates slopes in excess of 12%, or percolation rates slower than 60 minutes per inch, or ground water table less than five feet deep, or soil classifications requiring the use of Alternative Systems, the site evaluation report shall also include specific system design specifications as normally required for building permit applications. 2. As part of any subdivision, the owner shall grant to the City in a form approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. ORONO CC 494 (4-1-84) TO: Jeanne Mabusth, Building & Zoning Administrator FROM: Michael Gaffron, Assistant Planning & Zoning Administrator DATE: May 3, 1988 SOBJ: #1254 Trinity Lutheran Church - Recommendation regarding Septic System Based or, the findings of my previous memos of April 20, 1988, it is my recommendation that, in compliance with Municipal Code Section 12.30, Subdivision 4(E), the City should require that a completely new septic system to serve Trinity Lutheran Church be constructed. Section 12.30, Subdivision 4(E) states that no building permit or plumbing permit shall be issued until the septic system has been inspected and certified by the City Inspector as being in compliance with the code. The Church has been unable to verify the capacity of the system, and the system is on the verge of failure. Subdivision 4(E) gives the City the authority to require replacement, repair, alteration, or expansion of the existing system as may be required. The only possible expansion of the system would be to install a new mound type drainfield system, which is appropriate given the soil conditions at the site and given the near failure of the existing system in conjunction with the propose' expansion of the church. The Church would be well advised to have their site evaluator design a mound type drainf ie., d system based on an estimate of the church's daily peak water use. Tt is my understanding that the Church's intent was to immediately install a water meter to help in determining the estimated flow rate for design purposes. STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION SAINT PAUL BUILDING CODES AND STANDARDS DIVISION April 8, 1988 14r. Thomas Jacobs Building Official City of Orono P. o. Box 66 Crystal Bay, MN 55323 Re: "Variance" to Administrative Rule 1305.6905 Dear Mr. Jacobs: r APR 1 W8 408 METRO SQUARE 7rH AND ROBERT STS. ST. PAUL. MN 55101 Phone 612/296-4639 This letter is in response to your letter of inquiry on the above referenced subject. Administrative Rule 1305.0500 Section 204 obligates municipalities to establish a Board of Appeals for building code matters. It is important to note that their authority is limited ". . . to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code . . ." . The Board members are to be ". . . qualified by experience and training to pass upon mutters pertaining to building construction .". Administrative Rule 1305.6905, Special Fire Suppression Systems, Is an optional provision of the State Building Code. Pursuant to Administrative Rules 1300.1500, 1300.1900, and 1305.0150, when optional provisions of the Code are adopted by a municipality they become part of the State Tlliilding Code and are required to be administered and enforced uniformly within the ,jurisdictional boundaries of that municipality. The requirements of the Minnesota State Building Code, inclusive of the municipality adopted optional provisions, are by State statute minimum requirements. Because the requirements are minimum, neither State statute nor regulation provide for a II hardship," "variance," or "waiver" provision. The building code administrative process Is clearly defined and is not purview of municipal boards and councils - other than the Building Code Board of Appeals. This differs from the administrative process for municipal ordinances because the State Building Code is State regulation administered and enforced by the municipalities. I trust that the above response adequately addresses your inquiry. Respectfully, BUILDING CODES AND STANDARDS DIVISION Elroy BErdahl Supervisor, Code Administrator FR/c j AN EQUAL OPPORTUNITY EMPLOYER '4 I*-Asy Station 19 Architects, Inc. 2001 University Avenue Southeast Minneapolis, Minnesota 55414 (612) 623.1800 To Attention �W & U 5T7-t We are sending you Shop Drawings '" Change Order Attached = Copy of Letter Specifications Under Separate Cover Plans Pay Request Prints Samples STATION[q) K Transmittal Date C/ Project...%%% Cop:as to J Copies Description Number Date 5-7 %� % t ��� ,�/ 77 These are transmitted as checked below For Approval (' For Review/Comment For four Use C Approved as Submitted As Requested C Approved as Noted For Bids Due: ' - Returned for Corrections 19 Remarks Resubmit copies for approval Submit _ copies for distribution C' Return _ corrected prints i Prints Returned After Loan to Us ;_z 4° c� UNITED STATES DEPARTMENT OF THE INTERIOR Q GEOLOGICAL SURVEY ' 93.37•3pn 45'00• "+1�L 'S2 an 35• •55 rROCKrORo r e2 aoa 457 3 27 40 Ln •Y - \ i •'J ii ,` �• II — �-� I f ke �t 4Z Lakeo - lr LLr� J — �-� �� O• - `J Vi; •+`y Claaaen- olo ` Sch -- Oo��4<,L 1 •L� r��,/+. Lake J� r.•�:. 41 cLorin ,� 33 ! '�'I�ong ke ° Y 3�, ERN _ (eK 61) _``` w� _- e • _� Qb Qb (� � •�• .• _ { , Q p1 • - _ _ foi4- • f-__= _- V - _ :'ram Stubbe •sue, _ `i' �. of — _ 1 '�"� k c Y a vi + a Stubbs Bay G o a-ILZ"I . v j\ - :;;�E,_ .�- ~� •� _ --�'C_alrin . � J��.. 4`. �. ,�i �aa�r� •I� : �• � 1, Maxwell Bay _ ( _,t,� I oa - Tanay i c s .ai� i / EXCE! TERIOR ,Y AIoRTN 7.5 M1NU7 1 Ns/s ut l 35' _ •S6 ONOCKPIWO is? am •Si 3 2120000 FEET 9. is M. R. iz W. �dtooxey L on h I � '- I�__ %'Lnkr Y i.i � '� `.. •� _ --07 • - .,i ._v�f �/ r- l__�(!`,__� it ta 01 Lake classen sm sch LY !, � _ -, •' is � .. • ' Long � v L':��� •tip L -i�v i -33 .d .�-.O'•- .'e• - o air NORTHERN � �.� _ 1BK 81) � `�?�``` .v=� o' �, - i- _ _ � - e• ��i \\ 36 — _ . ! - - � �,':•,;', '�• '•�- _ —, _ems - .` ,, �: - V - : � _ -; :• czzi y I O .+ - • . fit.' -�.t �% - canps•_�,• Cal . f �^( _ I Jj�{ jE {per • • ` • 7(. •T. O� F � � _ Of _ _ — ` ` �� �'. • I---_—_—�— V'� 1� �•1, � OAT , - �' well Bay 1� _!;j _ f—,�-1i� I�•^ oa Tanager ti r row"a i ��•-• " I i is "• �' Lake i Bay :12• win Point • `��(�, ��: � •`�- i Zo Lookout Potntd '� •��:�_-- �"i: CC// A . • )yJy 1 �I� o t S CITY of OIKON() Post Office Iiox &;-('rystal Bay, Minnesota 553236 Municipal ()fftce:+ On the North Shore of Lake Minnetonka April 21, 1988 Trinity Lutheran Church 2060 Sixth Avenue North Long Lake, MN 55356 ATTN: Craig Moleski RE: #1254 Trinity Lutheran Church, 2060 Sixth Are. No. Dear Mr. Moleski, At the March 21, 1988 Planning Commission meeting, you requested a variance to the State Building Code. As stated at the meeting, neither Planning Commission nor City Council can provide you with such a variance. You may take your appeal to the the Board of Appeals. You must have ar, alternate method to replace the sprinklers. I do want you to understand that you must have an alternate method and that a hardship is not an acceptable method. Enclosed is a letter from the State Building Code Division explaining the Board of Appeals requirements. If you have any questions, please feel free to contact me. Sincerely, Thomas J. Jac bs Building official enc. cc: M. Bernhardson J. Mabusth M. Gaffron `IJJ/pp 221.1 BUILDING & ZONING - 473.7357 • ADMINISTRATION & FINANCE - 473-7358 • PC HLIC WORKS - 473.7359 ASSESSING r. April 28, 1988 Jeanne Maybusth Building & Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Trinity Lutheran Church 2060 6th Ave. N Long Lake, MN Dear Jeanne, In response to our meeting at th:! site on Monday, April 25th, I am writing to let you know that we have hired the firm of Coffin & Gronberg to survey the existing septic system and test the site for percolation rates. They have identified 3 potential locations for a mound -type septic system. Station 19 Architects is looking at the master plan of any future building additions and will select one location out of the 3 to be the location for the septic system for this addition, with another one to be reserved for future use. However, we would like to delay the installation of the new system until the old one fails. We have not experienced any difficulties with the functioning of the existing tank or drain field, and feel the intensity of use will not change substantially based on our proposed addition. We are installing a meter on the building's well system to monitor water usage in the coming months which we will report back to you on. Thank you for your consideration of this request. Sincere'y, Craig Moleski Pro,ec'L Representative Trin;!v Lutheran Church 4 STAWN 19 ARCHI l LCTS INC. April 28, 1988 Jeanne Maybusth Building & Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Trinity Lutheran Church 2060 6th Ave. N Long Lake. MN Dear Jeanne, This letter is in response to our phone conversation of April 26th, wherein you explained that the black dirt. which is presently stockpiled on the church site to the northwest of the existing sanctuary, was not approved in the land alteration permit issued last fall for the expansion of the chu,'ch's parking lot to the north, and would either have to be removed from the site, or would need a sepErratr- conditional use permit, to be incorperated into the permits required for i^A addition: and remodeling project planned for this spring. The reason this dirt was stockpiled on the site was so it could be reused in the finish grading & lanascapirg of the addition. We are removing a drive on the south, as well as needing black dirt in the parking lot islands. The quantity of dirt stockpiled or, the site is approximz tely 300 cubic yards. I appreciate your assistance. Jeanne, in gaining the necessary approvals for this project, and please let me know if there is anything else you require. Sinc ichar Brownlee cc: Craig Moleski 2001 University Avenr_,e Southeast Minneapolis. Minnesota 55414 ���cs�odc�l�p � 2918 III! coWkW! .� 0 9 TIV46 No (� C I ^r��" 41(ol a � W . CA. -W Al, CUM Coo TO: mayor Grabek and Council City Fdministrator Bernh,. FROM: Michael Gaffron, Psst. Plan Ir DATE: May 5, 1988 iilti� J 1��'r3 / (� • Zoning Administrator SOBJ: #1255 Orville Fisher, 1991 Fagerness Point Road - Variance/Conditional Use Permit - Resolution Application - Request for hardcover and lakashore setback variances to construct minor additions and r,.� imp garage and driveway areas. Zoning District -- LR-1C 1/2 Acre Sewered List of Exhibit a -- A - Planning Commissin Action Notice of 4/19/88 B - Planning Commission Minutes 4/18/88 C - Grading and Landscape Plan D - Memo and Exhibits of 4/15/88 E - Proposed Resolution Please review the memo and exhibits of April 15, 1988, and the Planning Commission Action Notice. The applicants are proposing to d- nor additions to the existing hour-, in conjunction with ; the location of the garage ,!,)ors to tt..- east end of the age for aesthetic and fur. '.ie)nal reasons. Virtually the entire property is within the 0 lareshor.c, setback lone, containing .;0.68 existing hardcover. The grading and landscape plans submitted 4/25/88 sho• revised driveway configuration that in conjunction with the - ed hardcover additions and removals will result in a fir :::_ over on the property of 20.5%, or a reduc� i,:.i. in over, rdce-• -r ­f one-third. The Planning, C.- ,.ssion reviewed ..L.; application on April 18, 1988, and re( ,- ,it, .(led on a vote of. 3-2 to approve, subject tc major removal;. plastic from landscape areas and subject to rrvinq the shed _o either meet a 50' setback or attaching the + r,- -rth end of the ho!-ze. The Planning Commission was because the two minctity voters wanted to see the drainage plan and landscape plan before this item ,ci 1. _:1n, ka� submitted the necessary plans showing their •c,: sed p1 nting schedule to replace trees, and showing how the onw3y c:L ea will be (:.: tour:. J to eliminate t •inof f onto the -i —boning � roperty. City Engineer Glenn Cool: has reviewed the proposed driveway plan and recommends approval, finding that the proposed drainage pattern wil; eliminate runoff onto the neighboring property from the driveway, while being no worse from a •unoff standpoint than the existing driveway. Glenn also noted th,_, white it would be prefec7.ble to run the driveway drainage out onto the sow.heriy flat yard area, this is not feasible due to the surface elevation at the lawn area south of the new driveway. Zoning File #1.255 May 5, 1488 Page 2 Staff Recommendation - Staff suggests that the additions will not add significantly to the bulk of the house, but the hardcover removals on the overall property are a significant benefit. The revised driveway Flan will so' o aesthetic and functional concerns for the applicant and wi'l help to eliminate an existing drainage problem in the drive,..iy on the neighboring property. NU,'ng that the applicant will have to remove a large oak tree, and has already removed a willow tree near the lakeshore, the planting schedule i-:cluding a 6" ash to replace the willow and a birch clump to replace the lai-ge oak are t-ertainly appropriate as are the other trees and shrubs proposed. Based on these factors, staff recommends approval ^er the Planning commission recommendation, per the attached resolution. 7.ONING FILE NO. 1255 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/19/88 --------------------------------------------------------------------------- TO: Orville Fisher COPIES TO: Carpenters Construction 1991 Fagerness Point Road 1105 Co. Road 19 Wayzata, MN 55391 Mound, MN 55364 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance --------------------------------------------------------------------------- DATE OF MEETING: 4/18/88 VOTE: 3 For 2 Against Planning Commission recommends the following: Approval sulject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Applicant shall submit a detailed grading and drainage plan showing existing and proposed contours for the yard areas that are now or will become driveway, such Elan to be approved by the city engineer, prior to submittal of .. s application to the City Council. 2. Applicant shall likewise submit a detailed landscape plan for staff review prior to submittal of this application for Council approval.; :. 3. Applicant shall remove the area of existing blacktop driveway as shown and shall construct only the driveway and additional sidewalks as shown on the site plan appearing in the exhibits. 4. Applicant shall remove the landscaped rock/plastic/timber area currently located adjacent to the existing driveway, and this area shall revert to grass. 5. Applicc%t shall remove plastic from al l other decorative rock beds on the property. Such plastic may be replaced with a porous geotechnica1 fabric to reduce weed growth. 6. Applicant shall remove plastic from below the sandbox area where the trampoline is located, and may replace that plastic with a porous geotechnica l fabric if desire.!-' r • -. • 7. Applicant call. remove the existing shed and attached roof structure from its current location, and may either place that shed in a location at least SO' from the lake and 10' from both the north lot line and north end of the house, or may construct an attached storage structure along the north end of the house, still meeting the required 10' setback fr^m the lot line. Hardcover of this attachment may be no greater than current 208 s.f. shed stru(-ture. 8. The property owrers are advised that . futu ardcover will be allowed on tnis property, and that �ucl, future. , roposals would be Zoning File #125J Page 2 of 2 reviewed only in conjunction with concurrent removals of hardcover so that no net increase in hardcover would result. Apl,licant's next scheduled meeting is dependent upon receipt of the additional information noted in items 1 and 2 above. Deadline for the May 9th meeting is April 29, 1987. In all cases, the application must be continued with the submittal of reque.s,ed information within 90 days or the City will consider the application as formally withdrawn. If t:e applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after •-eview and appioval by the Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRII, 18, 1988 i1255 ORVILLE FISHER 1991 FAGERNESS POINT ROAD VARIANCES PUBLIC HEARING 7:16-7:28 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas. Orville Fisher was present and explained a drainage and ponding problem in his driveway which he plans to solve in conjunction with this construction. He noted that he needs storage area because the residence has no basement. lie stated that he is in agreement with the staff recommendation except to relocate the shed to maintain the 10', setback because the alternate location would not be aesthetically pleasing. Chairman Kelley noted the the overall actual hardcover will be reduced approximately 2% with this proposal. There were no comments from the public regarding this matter and the public hearing was closed. Cohen stated that although he found no problems with the plan he felt that a drainage plan should be submitted and approved by the City Engineer prior to Planning Commissions recommendation. Mr. Fisher explained that the planned drainage improvements will not affect the Rezabek property and he noted that he was made aware o" the need for a drainage plan in staff's memo received just this past weekend. Chairman Kelley read into the record a letter from the adjacent neighbor, All--n Rezabek of 1989 Fagerness Point Road, stating his concern regarding the storage shed and requeste3 the shed to be moved to conform with the iequired setback. Mr. Fisher did not understand why the existing location of the shed would be of concern to Mr. Rezabek, especially since Mr. Rezabek stores his boat next to the shed. He also noted that if he relocated the shed to the alternate site, Mr. Rezabek's bay window would look upon the shed. Chairman Kelley asked about the status of the willow tree recently removed within the lakeshore yard. E MINUTES OF THE PLANNING COMMISSION MEETING IIELD APRIL 18, 1988 #1255 FISHER CONTINUED Mr. Fisher stated that he has an extensive landscape plan which includes two large ash trees to replace the lost willow tree, which split in two and fell onto his dock. Chairman Kelley and Cohen in viewing the property did not feel relocating the shed would create any visual impact when entering the driveway, as was stated as a concern by Mr. Fisher. Applicants contractor, Fred Royle, was present and showed photos of the site to the Planning Commission. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending the drainage plans being submitted and approved. Motion, Ayes 2, Nays 3. Johnson, Brown, and Hanson voted nay stating they could recommend approval subject to the drainage plans being submitted and approved prior to Council review. Motion fails. It was moved by Brown, seconded by Johnson, to recommend approval subject to the drainage plans being submitted and approved prior to Council review, and per staff recommendation except condition #6 requiring the relocation of the storage shed. Motion, Ayes 1, Nays 4. Kelley, Hanson, Cohen, and Johnson voted nay. Johns,)n stated he felt the shed should be relocated per the neiyhbor's request. Motion failed. Mr. Fisher asked if he could eliminate the shed and add an addition the same square footage as the storage shed to the house to compensate for the needed storage area? Planning Commission seemed agreeable to that suggestion. It was moved by Hanson, seconded by Brown, to recommend approval subject to the following conditions: 1. Submit a grading and drainage plan to be approved by the City Engineer prior to Council approval. 2. Relocate the storage shed to a location meeting the required setbacks; or remove the shed and allow the construction of an attached storage structure the same square footage as the existing storage shed. Motion, Ayes 3, Nays 2. Kelley and Cohen voted nay objecting to recommending approval prior to reviewing the drainage plans. motion carried. 3 To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 15, 1988 Subject: #1255 Orville Fisher, 1991 Faqerness Point Road - variance - Public Hearing Zoning District: LR-lC, Half Acre Sewered. Application: Request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas. List of Exhibits: A.) Application B.) Plat Map C.) Property Owners List D.) Survey E.) Hardcover Calculations by Applicant F.) Hardcover Calculations by Staff G.) Selected Portions of Construction Plans J.rr-AL. Pertinent Facts 1. Applicants are proposing to do a rather extensive remodeling of the existing house for th�2 most parr_, within the boundaries c.f the existing structure. There ire a few changes chat require variances, as follows: A. Addition of two cantilevered bays 2' by 11.6', and 2' by 16', along west side of house (these comprise additional hardcover and structure in the 0-75' zone). B. Add 2' by 5' chimney (fireplace at north end of house). C. Add 8' by 16.5' concrete stoop/pillars/roof at entry area. D. Relocate garage doors to east end of garage, remove major portion of existing blacktop driveway, add new driveway and parking space. E. Add sidewalk system for new entryway. F. Cosmetic revisions to roof line above three season porch. Issues A. Shed structure 8' by 16' plus a shed roof adjacent located approximately 15' from the lakeshore. This is a non-conformi!. tructure. B. Extensive hardcover in landscape/play zreas underlain by plastic, which could be easily reihoved. Zoning File #1255 Page 2 C. Drainage from the revised driveway area. C. The prop.)sed removal of live 30' tree to accomodate new driveway, 25' from shoreline. Hardcover Staff has reviewed the site hardcover which is presented in Exhibit F. The hardcover existing is 30.6% all in the 0-75' zone. The proposed changes to hardcover include revising the 2055 s.f. existing driveway down to 1420 s.f., and revising the existing 135 s.f. entryway to a 252 s.f. entryway in conjunction with the appropriate sidewalk to serve it. The net result is a decrease in total hardcover of 518 s.f., leaving 6639 s.f. hardcover or 28.4%, all in the 0-75' zone. Discussion The proposed additional hardcover created by the two bay windows and the chimney is relatively minor, since they would comprise approximately 65 s.f. of new nardcover where plastic and rock now exists. Similarly, while the covered entryway will comprise new structural bulk to the residence, it is over existing entry deck hardcover for the most part. However, the relocation of t'.e garage doors to the east side of the garage has significant ramifications to the visual appearance of the property and to drainage patterns. Based on the proposed driveway configuration, a 30" tree which appears to be very much alive and located about 25' from the lake shore would have to be removed. Furthermore, the driveway located at this end of tha house will result in some addtional runoff concerns since that area of yard already drains to the north and east onto neighboring property. The neighbors have expressed their concern about this. Staff would suggest that applicant be required to provide a grading and drainage plan indicating how the grade will change to accomodate the garage and indicating the new drainage pattern. Regarding hardcover on the property, it appears that there are large areas of landscaped rock beds and a large play area all underlain by plastic. In staffs opinion, most of those areas could readily be revamped so that they would not constitute hardcover, and given the proximity of the lakeshore of all. of these areas, that would be an appropriate condition of approval. Additionally, the shed located 10' to 15' from the shoreline and butting up against the fence is certainly a non -conforming structure in it's location near the lake and lot line. That shed could certainly be moved to the area between the house and the fence and still maintain a 10' setback from the house and a 10' setback f rom the lot 1 i ne, while being as much as 50' or more from the lakeshore. While it is normal practice for the City in a variance resolution to advise the property owner that such structures are considered as non -conforming, in this case, the magnitude of hardcover in the 0-75' zone compels staff to suggest that the structure be removed, or at least moved to a more conforming location. Zoning File #1255 Page 3 Staff would note that the rock bed that exists to the east of the existing blacktop driveway appears to be a decorative "entryway" for the previous dock structure which no longer exists. Staff feels this area should revert to grass, and the timbers and rock with plastic be removed. Regarding the proposed railing ornamentation above the existing porch at the south end of the house, staff would note that this area will retain its pitched roof and will not function as a deck area. Staff would note that a tree that overhangs that area is also in the 0-75' zone and must not be removed to accomodate that railing. 06 Staff Recommendation Given the proposed net decrease in overall hardcover on the property of 518 s.f., the proposed bay window, chimney and roofed entryway (all of which are over existing hardcover areas) would not add a significant amount of detrimental hard surface to the property. Those additions do add somewhat to the perceived bulk of the house in the 0-75' zone, hence that factor should be taken into account while considering your recommendation. The more significant issues would seem to be the magnitude of existing hardcover on the property, the effect the proposed driveway change will have on drainage and it's necessitation of removing a significant tree from the property. On this property there is so mush structure so neat the shoreline that it ma, be appropriate to request that certain portions of that structure and much of the hard surface on the property be removed or relocated. Based on the above, staff would recommend approval of the proposed setback and hardcover variances, only under the following conditions: 1. Applicant shall submit a detailed grading and drainage plan showing existing and proposed contours for the ,ard areas that are now or will become driveway, such plan to be approved by the city engineer. 2. Applicant shall remove the areas of existing blacktop driveway as shown and shall construct only the driveway and addtional sidewalks as shown on the site r apF. aring in the exhibits. ✓ 3. Applicant shall remove the landscaped rock/plastic/timber area currently located -djacent to the existing driveway, and this area shall revert to gras3. 4. Applicant shall remove plastic from all other decorative rock beds on the property. Such plastic may be replaced with a porous geotechnical fabric to reduce weed growth. 5. Applicant shall remove plastic from below the sandbox area where the tra.npoline is located, and may replace that plastic with a porous geotechnical fabric if they so desire. 6. Applicant shall move the 8' by 16' existing shed to a location between the house and the fence where that shed will maintain the Zoning File #1255 Page 4 required 10' setbacks from both the house and the lot line but be located at least 50' from the shoreline. The shed -type roof currently located adjacent to that existing shed shall be totally removed from the property. 7. The property owners are advised that no futui2 hardcover will be allowed on this property, and that any such future proposals would be reviewed only in conjunction with concurrent removals of hardcover so that no net increase in hardcover would result. CITY OF ORONO - VARIANCE APPLICATION Initial Applir-ition Fee $150.00 { -, ($50.00 per :ach additional variance Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------------------------------- ---------------------- PROPERTY LOCATION Site Address Iqq 1 PAC.:a Pr. �. Property Identification. Number (P.I.D. ) Un' OF arr� Please check one - Property abstract or torrens? /� r /W� j.T�y XTICE } 0 Attach legal description to application if not included on ChM :, TL required survey. %TERT-rdg,w'M'' � -----------------------------------------------(home) ------------- APPLICANT Phone home )3 i_5.:30 Name C&eQ (&jetXano Phone (work)_4 72.-S'11 S Address: 1105 C 2D 19 City: dun Zip: -,q-s3f, OWNER (if different than applicant) Phone (home) t/-gst/ui Name nP V I L . � �, s t4e2 Phone ( work) $30- 3941 Address: �qQf FAggg&LE3s - City: QQpap 2ip:,S34f Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --•------------------------------------------------------------------------- PRRSENT USE OF PROPERTY Present Zoning District Present Use of Property Residential _ Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ nO Describe request in detail: -j=BAC V-.- VARJhL r: ---------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lc` Width Hardcovc r Setback Variances ( Front Side Rear) Other L4m,=�-9tF- _ HARDSHIP Describe undue hardship or pracl--ca1 difficulty res!.,l.ting from strict enforcement of zoning regulatioi- •_ram-,Q� ENE i� 1Ns,se of StrB,r►ck ------------------ ------------------------------------------------ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _Ro&j., is 4 ?eyI1U.SU64 REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners wit,;in 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if ar.y changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a sepc.--ate li•.t of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date -------------------------- APPLICANT'S SIGNATURE Tha applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplie is true a correct to the best of his/her knowledge. Applicant's Signature 1• _ Date Z_ �,• OWNERS SIGNATURE The owner hereby ackowledges and agL-e o this application and further authorizes reasonable entry onto the property by City staff, consultants, ageri-s, Commission members, and Council members for purposes of investiga- tiol d verification of request. Owne. ignature .d Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meetirg. Planning Commission Meetings are held on them third Monday of each mont . Applicants must be pr,.:sent at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to ittend a scheduled meeting, please make arrangements to have -i authorized agent atten-3 in your place and to advise the Building & Zoni g Office of tiis change prior to the meeting. / � ,� 12 ` �4Ci� 041 10 - Als Z U-1 7-03 Al ER R. FtEEMAN Co Ty SURVEYOR HE EPIN COUNTYNINN. - Cmp?,jCAt- %-r, to-14-7fa_ ___ RUN DATE 03/01/88 BATCH 003 3E 18-117-23 14 0002 PROP ADOR 01989 FAGERNESS POINT RD OWNER NAME DAVID A NITZ ETAL TAXPAYER ALLAN 9 SHIRLEY REZABEK NAME/ADDR 1989 FAGERNESS PT RD WAYZATA MN 55391 PROP ADDR OH 4ER NAME TAXPAYER TOTAL BATCH NkME/ADDR 003 00003 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 18-117-23 14 01i3 01987 FAGERNESS DINT RD 1 W DONGOSKE i P 0014GOSKE JAMES W E PATRICIA DONGOSKE 1987 FAGERNESS POINT RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 9 38 18-117-23 41 0001 01091 FAGERNESS POINT RD ORVILLE A ALEXANDRA FISHER ORVILLE i ALEXANDPA FISHER 1991 FAGERNESS POINT PO WAYZATA MN 55391 I CERTIFY THAT THE `CTS REPRESENTED ARE AN ACCURATE AND TRUE P.EPRESE"ITATION OF INFORM"' A3 IT APPZARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUN'oY C' '-NT OF PROPERTY TAXATION# — THE BEST OF MY KNOWLEDGE AND BELI Certificate of Survey for Chip Fisher in Lots 1 and 26, FAGERNESS Hennepin C unty, Minnesota 50014ar7y of Loi 2 Most 3ouf7urly \ corner ofL.rZ �tq4 Souibar/y &m oFLo11e•1tnoFe �� - Sou ilrtol/Erly „�� �\ Z J n L/ne A t-7J400!Jt.fr � �.w.w..q..,. � :-a.• !r, Or.rel r C-40w NwAr.rtr • 1791 �Y,ewu y .' 1} . fr r F J.7 r7. t rw.w Jr. u or., iO4. .rlr. 4,40"rAwJ r ~ Nr*CA � f Iiw7 0 � • '}v..v0 'vr 't I hereby certify that this is a true and correct representation of a survey of the boundaries of the following described property: 3. �X o' •�v !.r J.,Yr QJ i.iw d� 71wr.N w. �•in 05 v v J Lot 26, FAGERNESS, except that part thereof described as follows: Commencing at a point in the Southerly line of Lot 2, FAGERNESS, extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 decrees 46 minutes a distance of 77.66 feet; thence angle right 90 degrees in a straight line a distance of 69.6 feet to the point of intersection with the Southwes.-rly line of said Lot 1, which point is the actual point of beginning; thence continuing on said same straight line to the shore of Lake Minnetonka; thence Northerly along said shore to its intersection with the Southerly ►ine of Lot 1, FAGERNESS; thenc^ Southeasterly along the Southerly lire of Lot 1 to the point of beginning. Also, that part of Lot 1, FAGERNESS, described as follows: Commencing at a point in the Southerly line of Lot 2 extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet to the actual point of beginning, .aid 77.66 foot line being hereinafter called line A; thence angle right 90 degrees a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1; thence Southeasterly along said Southwesterly line a distance of 100.28 feet, more or less, to the shore line of Lake Minnetonka, thence Northerly along said shore line to a line drawn aL right angles to line A from the point of beginning; thence Westerly 25 feet, more or less, to the point of beginning, Mast 5ou1herly - -' Corner of L./ Z '�q ,'AA000✓CA r•-7f 27 *oo E. ify.� Ni./rrrr. a JO /O t !�. Ff, • j/, I/ S'i r S�y1Ne5fer/y lne fril A-,7AfM • �Y,rn<r N /r•s •.•/ rAN O W �s �x I hereby certify that this is a true and correct ~o representation of a survey of the boundaries of the following described property: 5o"iberll of L.12 er$nded 'I Sou:heoeterly 6S " Lane A I o' 7Y. ao p 7 • � -- ' �� sue(.. 1 jer .,:,• 4f 6r;J :..i. nl. of ✓r lr....::M t .,r• C ' A MM'If y • , r%^Y4 r.R r Q CAM.rr� � Y•. � Q1 �— A. 1fF .'' Jr. 4"bwI rr•If 0 J Lot 26, FAGERNESS, except that part thereof described as follows: Commencing at a point in the Southerly line of Lot 2, FAGERNESS, extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 decrees 46 minutes a distance of 77.66 feet; thence angle rig'it 90 degrees in a straight line a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1, which point is the actual point of beginning; thence continuing on said same straight line to the shore of Lake Minnetonka; thence Northerly along said shore to its intersection with the Southerly line of Lot 1, FAGERNESS; thenc-2 Southeasterly aiong the Southerly lire of Lot 1 to the point of beginning. Also, that part of Lot 1, FAGERNESS, described as follows: Commencing at -a point in the Southerly line of Lot 2 extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet to the actual point of beginning, said 77.66 root line being hereinafter called line A; thence angle right 90 degrees a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1; thence Southeasterly along said Southwesterly line a distance of 100.28 feet, more or less, to the shore lines of Lake Minnetonka; thence Northerly along said shore line to a line drawn d� right angles to line A from the point of beginning; thence Westerly 25 feet, more or less, to the point of beginning, and of the location of all buildings, ,if any, thereon. It does not pu,port to show any other improvements or encroachments. COFFIN E GRON8ERG, INC. Scale: 1 inch = 4J feet Date March 19, 1985 n� 0 Iron marker ""'"'"r•J�wr•, Gordon R, Coffin Reg No. 6064 ./.irr.�,•r� Engineers and Land Surveyors Long Lake. 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X I A/ SS mac, C D �r,y�f ty-7.fixl='' 1?� ,acN �>•FS 5 l� r2 {ate c IVCWI,y �1S y3-3 y ;t Z rVo S is x/5."2- I r x 1G RE-0 >e/(. r zfd c- II S V!�j a. g x 2 S 3 I O O FtorSe, -. S,K X30 (,x3S 2'0 T to {a � �a2 Kc] �ZrtZ 2io� W „v.ox T,,-rA4... -7.,1 7 ` �-- Gar �tr •.r_ rr, -.J•r. � a.-•Jr.,,c.,c _� - fries e+kF e••r:� :Mu,r . ,_i ws fat •' .ry �,� — .. __ � L • `�: A\I_ — �.. c'ti ._ _— --_ - _ �—'. �_ t � •Mtn — _ •.J i :.•_�.•..,.. r 1 _ --r .. _____ - _ -_ _ •-� ~ �•.� � L' mow- ..'. M •:^d'•'r'• •1►:O .r'•:. r.--J.':i::/f.S (}1{� pA.� 11I>�r� 1 fK�D EIIM•J i•4'•'J CGY. Mt LO l +T fats 'd ���•l'T [•NG's:7��+fN 1 + T[aMn•r. r.LfL - (Tr %1'�'t M, JI f.h-L 1991 FA L4 E NE JR,I � 'r1 A • _ _ _ — - - ,- _ '�'i'='tilt._ �.' ` . T'L � �nNG+' ►rCn �lc �' a'VI:� 1 1 t i• t^ / ` • _ r soloo 11.5 40 LyiPi/i l�tj i µrL1GNla �1Mt r r, �� GF3u� �— 8."fir A� Op6NtNa ,R r -_ STAIRS ,1 S" MAX RISER 9 MIN TREAOr e.6- MIN HEADROOM At (E451 ONE HANDRAIL REQUIRED ' „ GUARDRAIL OPEN SIDES grIlw- IMAM 1•�' i.C. 7' r" -rtt""ff �/.F :..-4 4 F►NIX I ,•fKtYI _ y 9AJ f'sr�rf. e r- ,,. CITY OF &WLDING PJFWIT wag APPWVLL RrPNcrvt_ Adjacent Property owners' Acknowledgement Form I (we) 11 p�� t ,Z of [print R R) F_t� C'i .SS i i : Tint names) print` ddress have reviewed the plans for the proposed improvement or proposed use of the property located at ZLl _�s /r Z2. also referred to as Land Use Application No. I (we) understand Lhat in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. i L Property Owner Date e Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Offi(e at least 10 days prior to the scheduled meeting date. April 10, 1988 Dear fir. Gaffron: 1 I will be unable to attend the April 18, 1988 Planning Commission meeting. However, I would like to express my con- cerns and interest in application #1255 concerning the hard- cover variance. My concern has to do with any proposed change: in ground elevation on the northeast corner of property at 1991 Fagerness Point Road. As a result of some previous land- scaping on this corner area, eve�ytime we receive a moderate to heavy rainfall, the southeast corner of my property as well as the paved road easement leading to this property floods. My -oncern is obvious. I would like any further changes to abate rather than add to the current condition. My second concern has to do with a storage shed at the north- west corner of the 1991 Fagerness Point Road property. In re- cent discussions with Mrs. Jean Mal usth, I was tcld that either moving this shed to conform with the 75' setback ordinance or removing it would be a stipulation of issuinq a building permit. I trust this is still a position that the Planning Commission will support. I was also pleased to hear that ycu now have a correct survey and the fence is no longer an issue. I thank you for the opportunity allowing me to express my con- cerns on these issues. Respectfully, l� el�� C G �7_ 4�4 Allan E. Rezatek 1989 Fagerness Point :toad Wayzata, Minnesota 55391 U, APR I � 1988 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1, 2 AND 3 SECTION 10.55, SUBDIVISION 8, AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10(B) FILE #1255 WHEREAS, Orville Fisher (hereinafter "the applicant") is the owner of the property located at 1991 Fagerness Point Road witnin the City of Orono (hereinafter "City") and legally described as follows: Exhibit A Attached (hereinafter "property"), and WHEREAS, the applicant has made application to the City of Urono to permit the construction of minor additions to the existing residence, which will constitute additional structure and hardcover within the 0-75' lakeshore setback zone where such structure and the hardcover associated with it are not normally allowed per Municipal Cody Section 10.22, Subdivision 1 6 2, and to permit the removal of existing -_Tees in the 0-•75' zone and replacement with new trees, requiring the Fermis ion of the City Council per Section 10.22, Subdivision 3; and to permit the regrading of the driveway and yard area in the 0-75' zone, requiring a Conditional Use Permit per Section 10.55, Subdivision 10 and requiring a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8. Minnesota: NOW, THEREFORE, HE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1255. 2. The property is located in the T,R-IC Sinqle Family Lakeshore Residential Zoning District. 3. The property is approximately 0.54 acre in area, virtually all of which is within the 0-75' lakeshore setback zone. 4. The Orono Planning Commission reviewed this application on April 19, 1988, and recommended on a 3-2 vote to approve the requested variances and Conditional Use Permits for the proposed additions, regrading and tree replacement based on the following findinqs: Page 1 of 6 A. The proposed additions of 2 bay windows and a fireplace each extending no more than 2' past the existing walls of the house, and the addition of an open entryway with pillars, will not add to the perceived bulk of the house, and will not appear as a significant further encroachment into the lakeshore yard areas. B. with the removal of plastic underlayment from all of the existing landscape and play areas, hardcover on the property can be reduced by approximately 1/3, which is a significant benefit. C. The existing shed located within 15' of the shoreline is a non -conforming structure, due to the uniqueness of this property being entirely within the 0-75' setback zone, it is appropriate to require that that shed be either moved to a location at least 50' from the shoreline and meeting all required accessory structure setbacks, or be removed entirely and a structure of a similar area be allowed to be attached to the north end of the house. D. The relocation of the garage doors and concurrent relocation of the driveway area will result in the improvement of the drainage pattern in `he neighborhood by decreasing excess runoff to the driveway area on the neighboring property. E. The loss of an existing mature oak tree and a wi 1 low tree along the lakeshore as a result of this project is unfortunate, however the replacement of those trees with other trees is certainly appropriate and necessary to preserve the character of the lakeshore and the neighborhood. 5. The City Engineer has reviewed the grading proposal fol the revised driveway and recommends approval, fii,ling that the proposed driveway configuration and drainage pattern are no worse than the existing driveway, will help to alleviate an existing drainage problem, and is the most feasible method for run-off control on the property considering the relative elevations of the driveway and yard area. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other rroperty in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor rose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial rrorerty right of the applicant; and would be in keeping Page 2 of 6 with the spirit and intent of t.ie Zoning Code and Comprehensive Plan of the City. 7. The City Council finds :_ rat granting a conditional use permit to allow the proposed work within the 0-75' lakeshore setback zone 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 that the proposed level of use of the property will be in keeping wish 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 a variance to Municipal Zoning Code Section 10.22, Subdivision 1 & 2 to permit the construction of minor additions to the residence which constitute additional structure and hardcover within the 0- 75' lakeshore setback zone where such structure and the hardcover associated with it are not normally allowed, and grants permission for the r-�?moval of existing trees in the 0-75' zone and replacement with new trees, per Section 10.22, Subdivision 3, and qrants a Conditional Use Permit per Section 10.55, Sut ;vision 10 and variances to Section 10.22, Subdivision 2 and Section 10.55, Subdivision S to permit the regrading of the driveway and yard area in the 0-75' zone, subject to the following conditions: 1. Applicant shall remove the area of existing blacktop driveway and shall conutruct the driveway and the additional sidewalks as shown on the approved site plan, attached as Exhibit B. 2. Applicant shall remove the landscape rocks/plastic/timber area located adjacent to the existing driveway and this area shall revert to grass. 3. Applicant shall remove plastic from below all other decorative rockbeds on the property. A. Applicant shall remove plastic, from below the sandbox area where the trampoline is located. 5. Any of the areas from which plastic is to be removed may be underlain by porous geotechnical fabric if the applicant so desires. 6. Applicant shall remove the existing shed and attached roof structure from its current location and may either place that shed in Page 3 of 6 a location at least 50' from the lake and 10' from both the north lot line and the north end of the house, or may construct an attached storage structure along the north end of the house, still meeting the required 10' setback from the lot 1 i ne. Har dover of this attachment may be no greater than the current 208 s.f. shed structure. In either case, a separate building permit will be required. 7. Applicant shall plant replacement tr, s or the property per the landscape plan attached as Exhibit C. 8. The maximum hardcover on the property is allowed as follows (all in the 0-75' zone) : House and garage West deck and step New entryway New bay windows and firerl.ace New sidewalks New driveway Existing porch steps Shed (moved or attached) Total 2,308 s.f. 339 s.f. 132 s.f. 65 s.f. 392 s.f. 1,286 s.f. 60 S.f. 208 s.f. 4,790 s.f. (4,790/23400 = 20.5%) 9. Applicants are advised that no future additional hardcover will be approved for t:.:s property, and ,.ny future proposals to add hardcover might be approved only in conjunctioi, with concurrent remova' of existing hardcover, resulting in no net hardcover increase. 10. r�.il-norities granted by this resolution rur with the property not with L:e applicant, but are permissive only and must be exercised by application for a building permit within one year of 'he date of Council approval, or the special conditions of this resolution will expire on that date (May 9, 1989). 11. Violation of or non-compliance with any of the ter:nc- and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authori v granted herein, and shall be punishable as a misdemeanor. 12. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of r.imself, his heirs, Page 4 of t 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 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 5 of 6 � I v Z II*A'( 0 1088 To: Planning Commission Chairman Kelley Orono Planning Commission Members 4� City Administrator Bernhardson " U OWN From: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 15, 1988 Subject: #1256 Metropolitan Waste Control Commission - County Road 84, 51 and 19 - Conditional Use Permits/Variances - Public Hearing Pertinent Ordinances - Section 10.22, Subdivision 2 - No excavation within 75 feet of the lake without variance approval. Section 10.03, Subdivision 19 - Conditional use permit required for land alterations. Section 10.20, Subdivision 3 (D) amended 2/23/87 (review Exhibit F) - Conditional use permit requi ree Lc,r all lift stations not approved with public improvement plans by City. List of Fxhibits Exhibit A - Application Exhibit B - Property Owners List C;,, -ditional Use Permit/Variance 0-75' Exhibit C - Plat Map for Conditior.-'. :F-a Permit/variance 0-75' Exhibit D - Property Owners List foi Conditional Use Permit/Variance 0-75' Exhibit F - Plat Map for Conditional Use Permit/Variance 0-75' Exhibit F - Lift Station No. 43 - Property Owners List Exhibit G - Lift Station No. 43 - Plat Map Exhibit H - Lift Station No. 44 - Property Owners List Exhibit I - Lift Station No. 44 - Plat Map Exhibit J - Lift Station No. 45 - Property Owners List Exhibit K - Lift Station No. 45 - Plat Map Exhibit L - Lift Station No. 46 - Property Owners List Exhibit M - Lift Station No. 46 - Plat Map Exhibit N - Lift Station No. 49 - Property Owners List Exhibit O - Lift Station No. 49 - Plat Map Exhibit P - Comprehensive Site Plan of Improvement Area Exhibit Q - Lynch Letter Dated 3/7/88 Q1 - Engineer's Sketch of Project Scope Q2 - Road Closures Map Exhibit R - DNR Letter Dated 3/11/88 Exhibit S - Section 10.20, Subdivision 3 (D) amended 2/23/87 Exhibit T - Lift Station No. 43 - Design Plans Exhibit U - Site Plan Exhibit V - Lift Station No. 44 - Design Plans Exhibit W - Site Plan Exhibit X - Lift Station No. 45 - Design Plans Exhibit Y - Site Plan Exhibit 7. - Lift Station No. 46 - Design Plans Exhibit AA - Site Plan Fxhibit BB - Lift Station No. 49 - Design Plans Exhibit CC - Site Plan Zoning File #1256 March 15, 1988 Page 2 of 4 Review of Application - On March 7th, 1988, the M.W.C.C. held a public information meeting for all property owners affected by the proposed upgrading of the M.W.C.C./Orono interceptor. The purpose of the hearing was to advise the public of the extent of the improvement and to advise of the proposed sections of road that would be closed as a result of the improvement. The meeting was very poorly attended and it is staff's opinion that many of these property owners will be in attendance at the public hearings for conditional use permits and variances scheduled for tonight's meeting. We have asked the M.W.C.C. to send a representative to answer any of the technical questions that may arise. The Orono interceptor/sewer improvement wi.LI kommence sometime in August of 1988 within the cities of Orono and Spring Park. The project is designed to provide additional sewer capacity for the cities of Orono, Spring Park and Minnetonka Beach and to prevent the overflow of untreated sewage into Lake Minnetonka. Construction will take place in two phases. Phase I construction scheduled for late summer and fall of 1988 will include a segment of Old Crystal Bay Road (Hennepin County Road 84) as well as North Shore Drive (Hennepin County Road 51) between Old Crystal Bay Road and Shadywood Road (Hennepin County Roads 19 and 51). During Phase I construction, North Shore Drive between Bohn's Point Road and Baldur Park Road is expected to be closed for several months. Detours will be coordinated with the City of Orono. Phase II construction is scheduled for spring and summer of 1989 and will include areas adjacent to Shadywood Road between North Shore Drive and Northview Road as well as a segment of Northview Road. During Phase II construction, Shadywood Road be een North Shore Drive and Fagerness Point Road will be closed for several weeks. Once again, detours will be coordinated with the City of Orono. Review Exhibit Q-2 for exact locations of the areas of roads to be closed. Review Exhibit P, the project will include r only the installation of larger sized sewer piping, but will also incluc,e the major upgrading of lift stations within the City. Lift Station No. 43, 46 and 49 will be upgraded. Former Lift Station No. 44 on Baldur Park and Lift Station No. 45 at Fagerness Point Road will be replaced with new Lift Station No. 44, adjacent to the Maxwell Bay Marina and new Lift Station No. 45 located within the Hennepin County public accecb. The notices have been sent to all prcnerty owners within 150' of the areas of piping that will be laid or installed within 75' of the lakeshore, please review Exhibits B through E. Of the 5 lift stations, 3 are scheduled for major upgrading and 2 as new installations adjacent to the Maxwell Bay Marina and Hennepin County access. Review Exhibits F through 0, these designate the -'50' notification areas adjacent to all the lift stations. Zoning File #1256 March 15, 1988 Page 3 of 4 The purpose of the City's review wi 1 1 be to assure that appropriate erosion control measures will be taken during the installation of the piping within the 75' setback of shoreline and other areas during the stages of construction. Notices have br-en sent to all v,i� i n'i!�urs of the lift stations to either be a.Ltered or new lift stations installed. We wish to advise all property owners as to the proposed design of the structures to be installed. Review of the Individual Lift Stations Lift Station No. 43 - Exhibits T & U Alteration of existing lift station. While disturbed areas will receive fill and be sodded, the majority of the lift station upgrade will be replaced with two grade -level hatches. The only structure to remain e.bove grade will be a control panel. The City has no information as to the height or dimensions of the control panel to be used based on the current information. The Engineer should be able to comment on this. Lift Station No. 44 - Exhibits V & W This new installation will be to the south of the existing Maxwell Bay Marina located within the County road right-of-way. The new installation will consist once again of two hatch areas at grade fcr the valve vault and the wet well and there will be a control panel above grade. Extensive plantings are proposed to screen this from the marina customers and from the adjacent roadway. Lift Station No. 45 - Exhibits X & Y This is the other new installation within the Hennepin County access off of North Shore. once again, this is located within County property involving the installation of the wet well and valve vault typical of previous installations where only a hatch appears at grade level. Again there will be a control panel that would be set at grade level. Landscaping does not appear to he shown within this site plan. Planning Commission may wish to question on this. Lift Station No. 46 - Exhibits Z & AA This involves the upgrading of an existing 1i.I station, abandoning a former dry we] 1 and a wet wel l and replacing it with a new valve vault and wet well. once again a contro� panel will be above grade. The hatches for the valve vault and the wet well will be about six inches above existing grade. Review the site plan, landscaping is also proposed because of the proximity of the adjacent home. Zoning File #1256 March 15, 1988 Page 4 of 4 Lift Station No. 49 - Exhibits BB & CC No major changes proposed, just upgrading of existing dry well and vault, replacing man -holes with the hatch tops. Portion of the valve vault will remain at present height. Wet well will have the hatch at 6" above existing grade the valve vault will remain at the present dry well height which appears to be about 2-3' above existing grade. Per site plan, landscaping appears to be proposed within the adjacent area to lessen impact of existing lift station. The Minnehaha Creek Watershed District has just advised that they have tabled the review of the Metropolitan Waste Control Commission's permit application pending receipt of final erosion control plans. In the City's recent review of County Road 15 upgrading, the City conditioned approval on receiving erosion control plans prior to construction. we would suggest that we do not delay action on this application and Planning Commissior may suggest that the application not be scheduled for Council action until staff has reviewed the final erosion plans. Staff would advise that we listen to any of the neighbors in attendance that have any specific concerns regarding each of the individual lift station locations and ask for any additi-)ns or amendments to the proposed plan that appear reasonably. Outside of the much ne �d erosion control during the process, staff has no other concerns. If Planning Commission wishes any other items reviewed or added to this review, please contact prior to the meeting. Staff Recommendation - To recommend the approval of the conditional use permits and variances application of the Metropolitan Waste Control Commission finding that all standards of Section 10.20, Subdivision 3 (D) have been satisfied and :such approval to include any amendment to any of the plans for each specific lift station and to ask that the application be tabled until the City is in receipt of the final erosion control plans for the project before scheduling for Council action. May 5, 1988 ADDITIONAL COMMENTS - Planning Commission Recommendation Planning Commission moved adoption of the staff recommendation noted above. The application has been tabled pending review by staff of the final erosion control plans for the sewer project. Cook has reviewed the plans recommending that erosion control (silt fencing) be extended were shown on plans consistent with the MCWD permit and that catch basins be protected from silting up during entire construction period. Ccok recommends approval of the erosion control plans finding over011 compherensive protection of the lake alonq the route of construction. The enclosed resolution has been drafted per the Planning Commission and Engineers recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND SECTION 10.20, SUBDIVISION 3 (D) AND A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, FOR THE METROPOLITAN WASTE CONTROL COMMISSION - FILE #1256 WHEREAS, the Metropolitan Waste Control Commission (hereinafter "the applicant") has made application to the City of Orono (hereinafter "City") to permit the installation of sewer lines within major portions of the right of way of County Road 51 and County Road 19 to be constructed within two defined phases of construction. Beginning in the summer of 1988 and - ding in the late summer of 1989, the sewer project will involve the follf 1.ng land alterations and improvements: 1. A Conditional Use Permit per Section 10.03, Subdivision 19 for the grading and filling activites involving more than 100 cubic yards of fill. 2. Per Section 10.20, Subdivision 3 (D) a Conditional Use Permit is required for the major upgrading of 3 lift stations and the installation of 2 new lift stations. 3. Per Section 10.22, Subdivision 2 for the excavation and filling work and the installment of sewer lines within 75' of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1256. 2. The Orono Planning Commission reviewed this application on March 21, 1988, and recommended approval of the Conditional Use Permit and Variances as proposed based on the following findings. a. MWCC study has confirmed that the existing sewer lines and lift stations have reached capacity. In order to solve the capacity problems a parallel sewer line will be installed in addition to vacating existing lift stations and installing lift stations with greater capacity. b. Erosion control throughout the project will assure water quality/runoff to Lake Minnetonka will not be affected. C. The City received no negative comments from any of the neighbors notifed within 350' of each of the 5 lift station installations. Pagv 1 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. d. The proposed improvements will be in keeping with land use Flans and Flanring objectives for the City and will not increase or cause danger to life or propoerty. 3. The City Council finds that the conditions existing on this property are percu'liar to it and do not apply general to other property in this zoning district that granting the variances would not adversely traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; but would not merely serve as a conveince to the applicant, but is necessarily to alleviate a demonstrable hardship or difficulty; is necessarily to preserve a substantial property right of the applicant; and would be in keeping with the spirit and the intent of the Zoning Code and Comprehensive Plan of the City. 4. The 'ity Council finds that granting a conditional use Fen .0 allow lard alterations as proposed and the installations of the •_ve lift stations will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor rose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a Variance per Municipal Zoning Code cct-tion 10.22, Subdivision 2 approving the encroachment of the req-jired 75' lakeshore setback azeas for specific land alterations and improvements noted above and grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 for all land alteratiot,L in excess of 100 cubic yards and Conditional Use Permit per Section 10.20, Subdivision 3 (D) for the installation of lift _3tations within the City subject to the following conditions: 1. The applicant shall work closely with the City to provide adaquate erosion control during the entire project consistent with the Minnehaha Creek Watershed District permit. 2. Both the City and County shall work toQ�•th,�r during this entire project to provide adaquate and timely nr-:ifica,:ion of road closings in addition to maintaining safe traffic flow wit), detour routes. 3. Authorities grante3 by this resolution are permisFive only and .-lust be completed within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May q, Page 2 of 3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. k Adopted by the Orono City Council on this 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 3 of 3 CITY OF ORONO - GENERAL LAND USE APPLICAi N --------------------------------------------------------------- PROPERTY LOCATION Site Address COUNTY ROADS 51 & 19 (See attachments) Property Identification Number (P.I.D.) See attached surveys Please check one - Property abstract or torrens? (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) Metropolitan Waste Control Name Commission Phone (work) 612-222-8423 50 Metro Square Bldg. Address 7th & Robert Streets City St. Paul Zip 55101 .-.....---------------------------------------------------------------------- d• (if different than applicant) Phone (home) Name See attached surveys Phone Address City Zip Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. -------------------------------•------------------------------------------- FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use ,;150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration — 4AA0*4'AGrading and filling- designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule OTBNR APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $160.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY See attached 1/2 Section maps Present 'Zoning District Present Use of Property Residential Other (specify) ---------------------------•------------•------------------------------------ DESCRIPTION OF RRQUEST Describe request in details Request construction ant?/or replacement of existing sewage lift stations an sanitary sewers. --------------------------------------------------------------------------- RRQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (010) pre -addressed to a?ch of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable ;see staff for requirements). 7. Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. --------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURR The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurzed in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledqe. Applicant's signature C 'a Date (4 L-Z6 --a V O MZRS SIGNATURE The owner hereby acknowledges and agrees to this applicatiot, and further authorized reasonable entry onto the property by City staff, consultants, agents, commission rembers, and Council members for purposes of investigation and verification of this request. Owner's signature Date ----------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meriting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. Ii an applicant is unable to attend a scheduled meeting, please :hake arrangements to have an authorized agent atte:id in your place and advise the Building i Zoning Office of this change prior to the meeting. �l CATE 02: 24, 86 'CN "03 38 17-117-23 24 0018 ei;'7a 0!060 SHADiWOOO PC --it CUA-IE N HALL DUx!'E N HALL CGP 1°00 SHADT::CC'J R^ WATZATA MH 55)',l 38 17-117-23 24 0021 P"OP ACTV 01920 SHADYWCOE, RD _P t:-,ME LCRIN A GASTERLAND PA.EP WENTWORTH CO NAM„ ADOR 6716 GARFIELD AVE S !'BLS MN 55423 38 17-117-23 24 0024 "OP ADOR 01966 SHADYWCOO FD t:aME 1ST NATL BANK OF MPLS ;,A+LP JAMES L LIRDAN 1.:.""...J3R 1966 SHADY14000 PO WAYZATA MN 55391 38 17-117-23 24 0027 PROP ADDR 01990 SHADYW'COD PC C.24ER NVIE PETER GLINT TA' {PATER PETER GLINT NAME ADDR 1990 SHADYWOOD RD WAYZATA Mi 55391 r 38 17-117-23 31 0002 i P=OP ADDP 02016 SHADYW000 RD C; :ER NAME H K TELLEKSON/J C TELLEYSOH TAXPArER H KEITH A JOY C TELLEKSON N)„E!ACOR C016 SHADYWOOD RD p` WAYZATA MN 55391 38 17-117-23 31 0013 PROP AODP OZO40 SHADYWOOD RD OW.4ER PIAME JOHN F SCHOLL ETAL TAXPAYER JOHN F SCHOLL NAME/ADOR 2040 SHADYWOOD RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORt1ATION SYSTEM FROPERTY 0401ERS LIST 38 17-117-23 24 0019 01890 SHADYWOCO RD V J CASTAGNA A N J CASTAGNA VANESSA J A HEIL J CASTAGNA 1890 SHADYWOCO RD WAYZATA MN 55391 38 17-117-23 24 0022 01930 SHADTW000 RD MICHAEL R SIME MICHAEL R SIME 1930 SHADYWOOD RD WAYZATA MA 55391 38 17-117-23 24 0025 01972 SHADY"" RD LLOYD G NE1IPItlG ETAL LLOYD G NEHRINS 1972 SHADY WORD RD WAYZATA MN 55391 ;8 17-117-23 24 0028 01998 SHADYW3CO RD D A S BOLL CCUGLAS E A SA!MPA E BOLL 1998 SMADYWOOO RD WAYZATA MN 55391 38 17-117•'3 31 0011 02024 SHADYWOCD RD MARJORIE LL*4DBERG THOMSOtt C L .+OHNSON P O BOX 246 SPRING PARK MN 55384 38 17-117-23 31 0014 0:056 SHADYW300 RD J A A HOFF JAMES L t;OFF 2056 514ADIW000 RD WAYZATA t'N 55391 REPORT V0. PI43S401 PAGE 11 38 17-117-23 24 0020 01910 SHADYWOOD RD DAVID C BIE ETAL DAVID C BIE 1910 SHADYWOOD RD WATZATA MN 55391 38 17-117-23 24 0023 01940 SHADYWOOD PO KAY F DAWSO'1 KAY F DA14SCN 1940 SHADYWOOD RD WAYZATA Mt1 55391 38 17-117-23 24 0026 01978 SHADYWOOD RD MARTHA J HAENY MRS MARTHA J HAENY 1973 SHADYWOOC !Z'J WAYZATA MN 5-391 38 17-117-23 31 0001 02000 SHADYWOOO RD j0Xtl C WELLS ETAL GLADYS WELLS 2000 SHADYWOOD RD +ZATA MN 55391 38 17-117-23 31 0012 02032 SHADYWOOD RD R A R POTAS RONALD F POTAS 2190 SHA0YW000 RD WAYZATA MN ! ,391 38 17-117-23 31 0015 02064 SHADYWOOD RD NEIL R BLESI ETAL MR NEIL R BLESI 2064 SHADYWOOD RD WAYZATA MN 55391 CUN DATE OZ/24/88 " IT _: 003 17 17-117-Z3 31 0003 P e0,�a 03746 SUNSET OR :ER W 1E R 0 NAEGELE ETAL PA-' PCEEPT 0 NAEGELE '4. .:TOR 3740, SL*4SET DRIVE . SPPING PAPK MN SS384 38 17-117-'3 24 0001 PPOP ADDR '118Z5 SHADTWO.-.D PC CsINER NAME ROGERT G ;,UUD ETAL TA. -:PAYER RCCZPT G RUUD NAME:/ACOR 1825 SHAOYWCCO P1 WAYZATA MN 55391 38 17-117-23 24 0004 PPCP ACOR OI8"0 SHAD:W000 PC ":`-R NAME OUPt;]00 A TAYLOP ♦ TA>PAYER OLGA M TAYLOR NAttE/ADOR 18,10 SHADYWCOD PO WAYZATA MN 55391 e 38 17-117-23 24 0308 PROP ADOP O1 M 5 SHAD!WCCD RD fW Q:xiER NAME D J CORPORATION TAAPAYER GLEtrl TILLOTSON NAME/ACOR 1875 SHADYWOOD PO WAYZATA MN 55391 r 38 17-117-23 24 0012 r F`r7P AROR Ct'.:'P N.ME M 0 A E H GUSTAFSON TRUSTEE TAXPAYER EWALD A MIRIAM GUSTAFSON NAME/AOOR 603 LAKE ST UNIT 109 r EXCELSIOR MN 55331 r 38 17-117-23 24 OC15 PROP A^OQ 014 SHADYWL'00 PO C'«P1ER NAME T P SCHERBER TAXPAYER T . P P SCHEPBER /► NAME/AOOR 18Yu SNADYWOOII RD WAYZATA MN 55391 r HEANEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 FROPERTY O"NERS LIST PAGE 10 17 17-117-23 31 O045 17 17-117-23 31 OC49 03703 SUNSET OR 03746 SUNSET CR THE SOUTHLAIM COPP R 0 NAEGELE THE SOUTHLAND CCPP ACCEPT 0 NIECELE ATTti AV TAX DEPT 3746 S1RISET CR FO BD'X 719 SPRING PART: MN 55384 DALLAS TX 75221 33 17-117-23 Z4 0002 38 17-117-23 24 0003 01875 SHACYWOOD RD G A N TILLOTSON M 0 4 E H GUSTAFSCtl TRUSTEE GLEN14 P TILLOTSCN MIPIAM 0 A EWALD H G'JSTAFSu'N 1875 SHAOYWOCJ RD WAtZATA MN 55171 b03 LAKE ST UNIT 109 EXCELSICR Mtl 55331c! *k1 38 17-117-23 24 0006 01835 SHADYW0O0 RD 38 I7-117-23 24 0007 01855 SHADYWCOO . C`IRISTIANE F fCURVILLE MAPK R SALDEN - STEPNEN B TAYLOR MARK P SALOEN 1835 SHADYWOOD RD 1855 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 24 0010 38 17-117-23 24 0011 M 0 A E H GUSTAFSON TRUSTEE M 0 6 E H GUSTAFSON TRUSTEE ? EWALD H CUSTAFSON EWALD A MIRIAM GUSYAFSCA 603 LAKE ST UNIT 109 603 LAnC ST UNIT 109 EXCELSIOR MN 55331 E.CELSIOR MN 55331 38 17-117-23 24 0013 38 17-117-23 Z4 0014 COFFEE LANDINGS COFFEE LANDINGS COFFEE LkNOINGS COFFEE LANDINGS 4722 W FAIP HILL, RD #722 W FAIR HILLS RD MIt0:ETONKA MN 55345 Mit:r:ETCtKA MN 55345 38 17-117-23 24 OO16 38 17-117-Z3 24 0017 01840 141ADYWO':D RD 01856 SHADYWOOD 6O JO11N J BUPKE ETAL M A D SEIFERT JP JOHN J BUPKE MILTON H SEIFERT JR 18-.0 SHADYWOOD ROAD 1356 SHADYRCOD RD WAYZATA MN 55391 WAYZATA MN 55391 d 41 'LMt DATE 02/24/88 CATCH 003 FFOP ACCR GW4(P NAME TA\PAtER TOTAL BATCH NAM[,'ADOR EWA 0- 0^3 000 16 HENNEPIN COUNTv PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PASE 12 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATt AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS r OF THE HENRIEPIN COUNTY DEPARTMENT OF PROPERTY'TAKATI . Tp THE BEST OF MY KNOWLEDSE AND BELIEF. / � DATE � � � BY r o fjt) j. to 0 00, '• O — •-� � rt_) a �. j too 01 • •,. fp / O ' v • ]�� G C*Ls s 1 . A CL !41 zTcc•• T_ SS 56 as P. 20 *�, r •• Pr•1 M Loge, lrtd II,Tor0M1. 011e14doP Perl "`j ,1 .6 ` Of h,�s. i ifow u0vw0�—?�1f:t � i or 0RON0 1 •!' • LQ~t '�'.. , \ } 29, 41 am /7!per ' 26� +i 2s.. { , to ��� �, �1 , •`� I 11�'r 114� 1t11\�i I 1 'O NA IC lt+C v(1c1 maul . t I' Af 1N�t I p) THM 6, �«� Ida L� '„ i 'a a r.a r l _ I I RUN GATE 02/24/88 HENNEPIN COUt1TY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 1 CATCH Ov1 38 08-117-23 34 0001 38 08-117-23 34 0002 38 08-117-23 34 C003 r ►'r'OP ADDR Ct'fcR N: HENNEPIN COUNTY HEtNEPIN COUNTY HENNEPIN COUNTY TAaPAYER HEtl14 COUNTY HEN14 COUNTY HEKN COUNTY NerF/ADDR r r 38 08-117-23 34 0004 38 08-117-23 34 0005 38 08-117-23 34 0006 c^7P ADDR C":','P NAME HENNEPIN COUNTY HEHHEPIN LOUt1TY CMITY OF HEtlHEPIN 74.,ArEP HEtltl COUNTY HEt1N COUNTY HE:TJ COUNTY r- t14ME.'ADDR 38 08-117-23 34 0007 38 08-117-23 34 0008 38 08-117-23 34 0009 FCOP ADC? 03645 NORTH SHORE OR 03635 NC?TH SHORE OR 03625 NORTH SHORE OR t,�,ME GLEN L HENZRICt,50:1 Z a M LICERMAU I A B PASTER 7a rE' RICK 0 A HEATHER J HYSTONE ZVI A MIPIAM LIBERMAN RCCEPT A a COLLEEN K EBERLE 3645 NORTH SHCPE DR 3324 GETTYSOUPG AVE S 2225 BAYVIEW PLACE WAYZATA MH 55391 ST LOUIS PARK MN 55426 WAYZATA MN 55391 38 08-117-23 34 0010 38 08-117-23 34 0011 38 08-117-23 34 0019 PPOF ADDR 03619 NCRTH Sl4C*E OR 03605 NORTH SHCRF DP 03570 NORTH SHORE DR r C:'I_L NAME S H VAN HOVE A W L VAN HOVE LAUPENCE A JCNES A WIFE 02':ALD JEROME LAMONT A'PAYER SYLVESTER VAU HOVE LAIrREt10E A AEDELL JC14ES DONALD J LAMONT t:,%rIE. ADDR 1121 CAPRIAGE LA 3605 NCPTH SHOE OR 3570 NORTH SH0PE DR r CEDAR FALLS IA 50613 WAYZATA M..N 55391 WAYZATA MN 55391 38 08-117-23 34 0020 38 03-117-23 34 0022 38 08-117-23 34 0023 PROP ADOR C35110 NORTH SHORE DR 0-1590 NORTH SHORE DR O3598 NOP.TH SHORE DR C::NEP N1ME WALTER A MARILYN PEt,'-ERTON L A M FEGEPS L G LA BPESH ETAL TAXPATER WALTER PEM9ERT;;N MAtILYN E FEGEPS LESLIE G LA BRESH �,...E/ADDR 4567 GAYW.700 DRIVE 3590 NORTH SHORE DRIVE 4575 WAYZATA BLVD MINNETO'iXA rtl 55343 WAYZATA MN 55391 MAPLE PLAIN MN 65359 38 08-117-23 3,4 0025 38 08-117-23 34 0034 38 08-117-23 34 0035 F^OP ADDR C:.:1£R t1AME EDWARD H SPIttDLER STATE LAND DEPT STATE LAND DEPT TA<PAYER ESTATE OF EDWAPO SPINDLER CITY OF CPCNO CITY OF CRONO TAKE/ADDR C/O LAP.KIN. HOFFMAN, DALY PARK PARK 7900 XERXES AVM S SUITE IS00 4/13/70 S7 DEED 156753 4/13/79 ST DEED 156754 BLOOMINGTON Ml 55431 IN RUtI DATE 02/24/88 BATCH 001 38 08-117-23 34 0043 F'ROP ADDR 03818 NC.PTH SHORE OR 0:::1�R tL:ME M 1 K. DAHL TAXPAYER WILLIAM A A DEANN L SANORY NAME/ACOR 3318 NCPIH SHCPE OR WAYZATA MN 55391 38 08-117-23 34 0051 F^OP ADCR 03669 t10RTH SHORE DR O. ?I.P t:ME W E PEPG ETAL TAXPA1LR WAPPEN E DFPG r NAME/ADD►' 3669 NO SHOPE DRIVE WAYZATA Mtl 55391 i` 38 08-117-23 34 0054 PROP ADOR 03635 NORTH SHORE OR C::.7ER N:ME CHARLES R CAPL TAXPAYER GLENN C A DONNA M UPTON NAME/ADOR 3635 NORTH SHC''E OR WAYZATA MN 55391 38 08-117-23 34 0057 PROP ADDR r OV%ER NAME JOHN T EID`-M ETAL TAXPAYER JOHN T EIOEM NAME/ADDR 3768 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 41 0005 FFOP AODR 03240 NCRTH SHORE DR _...'. P !umE OLLIE HORK ET AL T: �;;rER OLLIE HO?K .—!EIACOR 5109 JAMES AVE SO MPLS Pal 55419 17-23 41 0009 PROP AOOR NORTH SHOPE OR OWNER NAME .UFFER ETAL TAXPAYER L STAUFFER NAME/ADDR _0 NO SHORE OPIVE dAYZATA MN 55391 HEM4EPTH COUNTY PROPERTY INFORMATION SYSTEM F«OPEP.TY OWNERS LIST 33 08-117-23 34 0044 03818 NORTH SHORE OR M 1 K DAHL WILLIAM A A DEANN L SANDRY 3318 NORTH SHOPE OR WAYZATA HN 55391 38 08-117-23 34 0052 03675 NORTH SHORE DP. HAPPY SKRYPEC HA')RY SKRYPEC 3675 NORTH SHORE OR WAYZATA MN 55391 3'S OC-117-23 34 0055 03550 NCRTH SHORE OR T C A:lDEPSO?J s I 0 ANMERSON T C A T C ANDERSON 3550 riCPTH SHC?E CR WAYZATA MN 55391 39 08 117 23 34 0058 03768 NORTH SHCPE DR J01111 T EIDEM ETAL JOHN T EIOLM 3768 NORTH SHORE DR WAYZATA M:1 55391 38 08-117-23 41 0006 03250 NORTH SHORE DR OLLIE HCRK ET AL OLLIE HCRK 5109 JAMES AVE S MPLS MN 55419 38 08-117-23 41 0010 03290 NCRTH SHORE DR RITA M STRALEY MAXWELL BAY MAPIHA 1460 INTERCHANGE TOWER MPLS M11 55426 REPORT NC. PI435401 PAGE 2 38 C8-117-23 34 0050 03655 NCRTH SHORE DR A 1 0 HAGEN AL A DONNA HAGEN 3655 NORTH SHCPE OR WAYZATA MN 55391 38 -7-23 34 0053 0360 '7PTH SHORE OR R G R 1 S RESSLER REX=...iLER 3083 i.uRTF SHORE DR WAYZATA MN 55391 38 08-117-23 34 0056 03587 NCRTH SHORE OR RCt1ALD L CHRISTENSEN A WIFE RONALD A MAYBETH CHP.ISTENSEN 3537 NOPTH SNORE CR WAYZATA MN 55391 33 08-117-23 34 0059 01428 BALDUR PARK. PD G 1 H ROTH GUENTHER R P.OTH 4603 ELLEPDALE RD MIt4'7ETONKA MN 55343 38 08-117-23 41 C307 03260 NORTH SHORE DP. VEPA M MARTIN MAXWEIL BAY MARINA INC 1460 INTERCHANGE TOWER `iPLS MN 55426 38 08-117-23 41 0011 03286 NORTH SHORE OR RITA M STRALEY STAALEY E STRALEY JR 3286 NORTH SHORE DR WAY:.7A M4 55391 PUN DATE 02/24/88 r EA?CH 001 38 08-117-23 41 0012 r PROP ADOR O:;NER NAME MItr1ETONY.A PROPERTIES INC TAXPAYER MAXWELL BAY MARINA NAME/ADDR 1460 INTERCHANGE TOWER MPLS MN 554:6 38 08-117-23 41 0015 PROP AOOR 03330 NCPTH SHORE DR OWNER NAME ROY B NEIKTER TAXPAYER MAXWELL bi.Y MARINA INC NAME/ADDR 1460 INTERCHANGE TOWER MPLS tl; 55426 r 38 08-l17-23 41 0018 PROP 470R 03366 NORTH SNORE OR C':NER NAME GAYLES MARINA CORP TAXPAYER GAYLES MARINA CORP HARE/ADDR 33,�6 NORTH SHORE OR WAYZATA MN 55391 0- 38 08-117-23 42 0003 PROP ADDR 03366 NORTH SHOPE OR r 0.:NER NAME GAYLES MARINA CORP T,71i ') GAYLES MARINA COPP NAttE/ACDR 3366 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 43 0001 r POOP ADDR 03470 BIRCH LA Ot-a:CR NAME OCNALD K GEGRGI TAXPAYER DONALD K GEORGI N�ME:'PDDR 3470 BIPCH LA WAYZATA MN 55391 38 08-117-23 43 0004 PROP ADDR 01444 BALDUR PARK RD CWHER NAME J E DE ROSIA ETAL TAXPAYER J E DEROSIA NAME/ADDR 1444 BALDUR PARK RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 41 0013 03332 NORTH SHORE DR S RAMBERG 8 M SCHOENEMAN S E RAMBERi i M J SCHOENEMAN 5108 WOCOLAWU BLVD MPLS Mt, 55417 38 08-117-23 41 0016 03342 NORTH SHORE DR PHYLLIS B SPRAGUE ET AL PHYLLIS B SPRAGUE 33+2 NORTH SHCPE DR WAYZATA rJi 55391 38 08-117-23 41 0019 GAYLES MARINA CORP GAYLES MARINA CORP 3366 NORTti SHORE DR WAYZATA MN 55391 38 08-117-23 42 0004 01365 TO*,AWA RD G A J PUTNAM GALE L PUTNAM 1305 TOKKAWA ROAD WAYZATA MN 55391 38 08-117-73 43 0002 03490 BIRCH LA FA(E M WHALFN FAME M WAALEN 3490 BIRCH LANE WAYZATA M11 55391 38 08-117-23 43 0005 01440 BALDUR PARK RD GOL^ON W TANKE MP GCRDON W TANKE 1440 BALDUR PARK RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 3 38 08-117-23 41 0014 03350 NORTH SHORE DR HEt1PY ANDERSON MAXWELL BAY MARINA INC 1460 INTERCHANGE TOWER MPLS MN 55426 38 08-117-23 41 0017 GAYLES MARINA CORP GAYLES MARINA CCRP 3366 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 42 0002 03398 NORTH SHORE OR MICHAEL J MEHNER MICHAEL J MEHNZR 3398 NORTH SHORE DR CRYSTAL BAY SERVICE WAYZATA MH 55391 38 08-117-23 42 0005 03430 NORTH SHORE OR RUDY M SMITH RUBY M SMITH 3430 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 43 0003 01448 BALDUR PARK RD CORAL H LAWRENCE CORAL H LAWRENCE 51-0 LOTH AVE SO MPLS MH 55417 38 08-117-23 43 0006 01436 BALDUR PARK RD W i P NELSON WALLACE E NELSON 6221 WASHBURN AVE S MPLS MN 55423 ry RUN DATE 02/24/88 HENNEPIN COLOM PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST BATCH 001 38 08-117-23 43 0007 38 08-117-23 43 0008 PROP ADDR 01432 BALDUR PARK RD 03SIO NORTH SHORE OR 06NER NAME J G A M R NYCUIST D A J SIKKA TAXPAYER JOHN G A MAUREEN R NYQUIST DALJIT 8 JASWINDER SIKKA NAME/ADDR 1432 BALDUR PARK RD 3510 NORTH SHRE OR WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 43 0010 38 08-117-23 43 0011 PROP ADOR 03530 NORTH SHORE OR 03540 NORTH SHORE OR OWNER NAME AJ ACKERMANN ETAL JAMES R PETTIPIECE ETAL TAXPAYER A J ACKERMANN JAMES R PETTIPIECE NAME/ADDR 3530 NORTH SHORE OR 3540 NORTH SHORE DRIVE WAYZATA M 55391 WAYZATA MN 55391 38 08-117-23 43 0013 38 08-117-23 43 0014 PROP ADDR 03480 NORTH SHORE OR 03490 NORTH SHORE OR C:.::ER NAME DORIS STELLMACHER ETAL KENT04 H CARLSON ETAL TAXPAYER DORIS A HAROLD STELLMACHER KENTON H CARLSON NAME/ADDR 3�o80 NORTH SHORE DR 3498 NORTH Sh'RE DRIVE WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 43 0016 38 08-117-23 43 0017 PROP ADDR 03400 NORTH SHORE DR 03410 NORTH SHORE OR OW.'ER NAME I A S MEYERS DANIEL F REGAN A WIFE TAXPAYER I J A SUSAN L MEYERS DANIEL F REGAN NAME/ADDR 3400 NORTH SHORE DR 3410 NORTH SHORE DRIVE CRYSTAL BAY 1:4 55323 WAYZATA NN 55391 38 08-117-23 43 0019 38 08-117-23 1#3 0020 PROP ADDR 03440 NORTH SHORE OR 03442 NORTH SHORE OR OWNER NXME R SCOTT PROCHNOW GERALD J RAY ETAL TAXPAYER R SCOTT PROCHNOWA GERALD J RAY NAME/ADDR 3440 NORTH SH07E DR 3442 NORTH SHORE OR WAYZATA MN 55391 WAYZATA MN SS391 38 08-117-23 43 0022 38 08-117-23 43 0023 PROP ADDR 03444 NORTH SHORE DR 03450 BIRCH LA =4ER NAME WILLIAM 0 ROBINSON R A KEMPF ETAL TAXPAYER W D ROBINSON EDWARD R ENGLER NAME/ADDR 3444 NORTH SHORE OR 3450 BIRCH LANE WAYZATA MN SS391 WAYZATA MN 55391 REPORT NO. PI435401 PAGE 4 38 08-117-23 43 0009 03520 NORTH SHORE DR DAVID A SINGER DAVID A SINGER 3520 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 43 0012 03470 NORTH SHORE OR HAROLD J BROUELLETTE HAROLD J BROUELLETTE 34-70 NORTH SHORE OR WAYZATA HN 55391 38 08-117-23 43 0015 03498 NORTH SHORE OR K A D CARLSON VENTON N CARLSON 3498 NORTH SHORE DR WAYZATA HN 55391 38 08-117-23 43 0018 03420 NORTH SHORE OR A A KIVUS ETAL A;'C-POSE A A ALICE J KIVUS 342'0 NORTH SHORE DRIVE WAYZATA MN 55391 38 08-117-23 43 0021 03450 NORTH SHORE OR WILLIAM C ODDEN WILLIAM C ODDEN 3450 NO SHORE OR WAYZATA MN 55391 38 08-117-23 43 0024 03448 NORTH SHORE OR J A M ERLER JAMES A MARY ERLER 3448 NORTH SHORE OR WAYZATA MN S5391 PLINf CATE 02/24/88 BATCH 001 38 08-117-23 43 0025 PROP ltDOR C3458 NCRTH SHORE OR CW';ER Nt::E ALCNZO B SERAN III TAXPAYEP. ALOt1ZO BARON SERAN III NAME/AGDR 3458 NOPTH SHORE CR WAYZATA MN 55391 38 08-117-23 44 0001 PROP AODP 03264 NORTH SHORE OR O:"SER NAME HELEN A NORLIM TAXPAYER HELEN A HOPUM NAME/ADOP 3264 NO SHORE DRIVE WAYZATA MN 55391 38 08-117-23 44 0004 PROP A02P 03302 NORTH WHORE DR 0::'lER NAf:E MIN NETON:KA PROP.'-RTIES INC TAXPAYER MAXWELL BAY MARINA NAME/ADCR 1460 INTERCHANGE TOWER MPLS MN 55426 38 08-117-23 44 0007 PROP ADOP 03230 BOHtfS POINT LA OWNER NAME M J MCENANY A D WILLIAMSON TAXPAYER M J V..CEt7ANY NAME/ADDR 3230 EOHN'S POINT PD WAYZATA MN 55391 38 08-117-23 44 0011 PROP ADDR CWNER NAME JOSEPH J d MARY K DOOLING TAXPAYEP RICHAPO D ALLEN NAME/ADDR 7."l BOHNS POINT LANE WAYZATA MN 55391 38 17-il7-23 21 0011 PROP ADDR 03,35 NORTH SHORE DR 0::14ER NAME H SULLWOLD ET AL W/L EST TAXPAYER OR H.AROLD SULLWOLD NAME/AODP 3705 NORTH SHORE DRIVE WAYZATA MN 55391 HEr14EPIN COUNTY PROPERTY INFORMATION SYSTEM PPOPERTY OW14ERS LIST 38 08-117-23 43 0026 03460 NORTH SHORE DR JOHN G NELSCN ETAL JOHN NELSON 3460 NO SHORE DR WAYZATA MN 55391 38 08-117-23 44 0002 03270 NORTH SHORE OR RITA M STRALEY PITA C STPALEY 1P50 PALM CITY ROAD PAT 201 STUART FL 33497 38 08-117-23 44 0005 03300 NORTH SHCPE OP MIN3IETONI!A PROPERTIES I14C MA?:;ELL BAY MARINA 1450 INTEPCHAME TOWER MPLS MN 55426 38 08-117-23 44 0008 03260 BOHNS POINT LA GERALD E HABECK GERALD E HABECK 5260 CONN'S POINT LA WAYZATA MN 55391 38 17-117-23 21 0001 03305 NCRTH SHORE DR JAMES A FOWERS DAMES A PCUERS 2475 DUNS:OODY AVE WAYZATA fN 55391 38 17-117-23 21 0012 01620 SHADYWOOD RD J C ERICSCN ETAL MR JOHN C ERICSON 1620 SHADYWOOD ROAD WAYZATA t::1 55391 REPORT NO. PI435401 PAGE 5 38 08-117-23 43 0027 03460 BIRCH LA R WILLIAM TOWARD ETAL ' R WILLIAM TC14ARD 3460 DIRCH LA WAYZATA MN 55391 38 08-117-23 44 0003 03284 14OPTH SHOPE CR RITA M STRALEY MA''NELL DAY MARINA 1'i00 INTERCHANGE TC::EP HPLS M1 55426 ~� 38 08-117-23 44 0006 032ZO BOHNS POINT LA R 3 S ALLEN PICHIRD 0 ALLEN 3220 BOHNS POUT LANE ' WAYZATA MN 55391 ,.i 38 08-117-23 44 0009 03265 BOHNS POINT LA E J MC DONALO/C J MC DONALD EDGAR t CONSTANCE MC DONALD 3265 BOHNS POINT LANE Wa,ZATA MN 55391 38 17-117-23 21 0010 016lu SHADYWOOD RD D t G PCGEPS DONALD S GAIL POSERS 1610 SHADYWOOD RD WAYZATA M14 55391 38 17-117-23 21 0013 01640 SHADYWOCO RD ' G T FINN ETAL GERALD T FIND 1640 SHADYWOOO RD WAYZATA MN 55391 a RUN DATE 3�%C4;33 BATCH 00 33 17-117-23 21 0014 PRnf' ADDR 01650 SHADYWCOD 'D OWNER NAME K H ROELOFS ETAL TAXPAYER K H ROELDFS NAME/ADDR 1650 SHADiW000 RD WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM FROPERTY OWNERS LIST 38 17-117-23 22 0012 01635 SHADYWOOD RD RALPH F MILLER ETAL RALPH E MILLER 1635 SHADYWOOO RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 6 TOTAL BATCH 001 000?2 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATI^N OF INFORMATION AS IT APPEARS TIiI`; DATE ON THE RECCRCS OF THE HVINEPIN CCUNTY DEPARTMENT OF PROPERTY TAXATION, T THE BEST OF Mi KNOWLEDGE AND BELIEF. DATE -WBY Z h l 4 �4 d 4., PUN DATE 0:./23/88 BATCH 005 38 08-117-23 41 0001 PROP ADDR 03200 NORTH SHOPE OR OLtNEP NAME LILLIAN K BONANDER TAXPAYER LILLIAN K 60NANDER NAME/AODP 3--00 NORTH SHCRE OR WAYZATA MN 55391 38 08-117-23 41 0004 PROP ADDR 03224 NORTH SHORE DR OWNER 14AME OLLIE HORK ET AL TAXPAYER OLLIE HORK NAME/ADDR 5109 JAMES AVE SO MPLS r:N 55419 38 03-117-23 41 0007 PROP AODR 03260 NORTH SHORE DR OWNER N-''lE VERA M MARTIN TAXPAYER MAXWELL BAY MARINA INC NAME/ACOR 1460 INTERLHANGE TOWER MPLS MN 55426 38 08-117-23 44 0007 PROP ADDR 03230 BOHNS POINT LA OWNER NAME M J MCENANY A D WILLIAMSON TAXPAYER M J MCEIIANY NAME/ACOR 3230 6011r1'S POINT RD WAYZATA MN 55391 33 09-117-23 32 0011 PROP ADDR 03188 NORTH SHOPE OR OW?.lER NAME T D ALBERS A R P TOUPNAT TAXPAYER TERENCE 0 A ROXANNE ALBERS NAHE/ADDR 3132 NORTH SHORE OR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFCP.MATION SYSTEM REPOPT NO. PI435401 PROPERTY 0671ERS LIST PtGE e 38 08-117-23 41 0002 38 08-117-23 41 0003 03210 NORTH SHORE OR 03202 NORTH SHORE DR H C ANFI.I-EN ETAL JOHN T MURPHY JP BARBARA J MILLARD JOH?4 T MURPHY 3210 NORTH SHORE DR 3202 1100PTH SHORE OR WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 41 0005 38 08-117-23 41 0006 03240 NORTH SHORE DR 03250 NORTH SHORE OR OLLIE HOPK ET AL OLLIE HORK ET AL OLLIE HCRK OLLIE HORK 5109 JA11ES AVE SO 5109 JAMES AVE S WPCs MIN 55419 MPLS MN 55419 ` 38 08-11?-23 44 0001 38 08-117-23 44 0006 03264 NORTH SHORE OR 03220 BOHNS POINT LA HELEN A NORUM R A S ALLEN HELEN A NOPUM P.ICHARD D ALLEN 3264 NO SHCRE DRIVE 322-0 CORNS POINT LANE - WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0009 33 09-117-23 32 0010 03180 NORTH SHOPE OR 03186 NORTH SHORE OR P J BLOMCERG A B J BLOMCERG DCN G BOHN ETAL PAUL J A BEVERLY J BLOMCERG OON G ECHN 3180 NORTH SHCRE DR 3186 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 33 0002 38 09-117-23 33 0003 01430 BO:INS POINT PO 01420 BOHNS POINT RD WIN J LAULP. ET AL TRUSTEES M A V WAGENER ' WILLIAM J LAUER MAURICE J WAGENER 15409 WAYZATA BLVD 1420 BOHNS POINT ROAD WAYZATA MN 55391 WAYZATA MH 55391 33 09-117-23 33 0009 38 09-117-23 33 0015 38 09-117-23 33 0016 PROP AODR 03175 r10PTH SHCRE CR 01406 CORNS POINT PD 03185 NORTH SHORE OR O�1:ER NAME FPEOERICK T MILLER B J LIKDAHL JR A 5 B LINDAHL T A S ENLO:1 TAXPAYER FREDERICK T MILLER B JOHN LINOAHL THCHAS C A SUSAN S E!lLCW NAME/ADDR 3175 tICPTH SHORE DR 1406 DCNNS POINT ROAD 3185 N SHORE OR WAYZATA MN 55391 WAYZATA Y.'1 55391 WAYZATA MN 55391 RUN DATE 02/23/88 BATCH 005 PROP ADDR CWNER NAME TAXPAYER TOTAL BATCH NAME/ADDR 005 00018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 9 I CERTIFY THIT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEiARTMENT OF PPOPERT XATION i0 THE BEST OF MY KNOWLEDGE At'M BELIEF. i .I J /NNE TON .��: -.� .J� Y 1% zlso.. 4. (MAXWELL BAY) VO Ar -41 C3 41 RoAL. .0 NO. NO. 26 IMP 14 - aE A K 44,,o 'k- PUN DATE 02!23/88 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PA;;E 6 BATCH 004 38 15-117-23 41 0005 38 08-117-23 41 0006 38 0.8-117-23 41 0037 PROP ADOR 03 1 NORTH SHOPE DR 03250 NORTH SHORE OR 03260 NORTH SHORE OR 0 NER NAME OL .E HOPK ET AL OLLIE HOPK ET AL VERA M MARTIN TAXPAYER OLLIE HOPK OLLIE HCPK t;A'+:WCLL BAY MARINA INC NAME/ADDR 3109 JAMES AVE SO 5109 JAMES AVE S 1460 INTERCHANGE TOWER MPLS MN 55419 MPLS r.,'l 55419 MOLS MN 55426 38 08-117-23 41 0008 38 08-117-23 41 0009 38 08-il7-23 41 0010 PROP Aor)R 03262 NORTH SHORE 0.1 03268 NORTH SHOPE DR 03290 NORTH SHORE DR OW!JER NAME NORMAN V CARLSON i WIFE D L STAUFFER ETA' RITA M STRALEY TAXPAYER NORMAN V CARLSON DONALD L STAUFFER MAXWELL BAY MARINA NAME/ADDR 3262 NORTH SHORE OR 3L68 NO SHO7� ORIVE 1460 INTERCHANGE TOWER WAYZATA MN 55391 WAYZATA MN 55391 MPLS MN 55426 38 08-117-23 41 0011 38 08-117-23 41 0012 38 08-117-23 41 0013 PROP ADDR 03286 NORTH SHORE DR 03332 NORTH SHOPE UP OW"ER NAME PITA M STPALEY MINt4E1'O1?.A PROPERTIES INC S RAMBERG t M SCHOENEMAN TAXPAYER STAALEY E STRALEY JR MAXWELL BAY MARINA S E PAMCERG i M J SCHOENEMAN NAME/ADDR 3286 NORTH SHORE OR 1460 INTERCHANGE TOWER 5108 WOODLAWN BLVD WAYZATA MN 55391 MPLS NUJ 55426 MPLS VN 55417 38 08-117-23 41 0014 38 08-117-23 41 0015 38 08-117-23 41 0016 PROP ADDR 03350 NORTH SHORE DR 03330 NORTH SHORE DR 03342 NORTH SHOPE OR OWtTER NAME HEt,PY ANDERSON ROY B NEIKTER PHYLLIS B SPRAGUE ET AL TAXPA'.'ER MA}.WELL BAY MARINA INC MAXWELL DA) MARINA INC PHYLLIS B SPRAGUE NAME/ADDR 1460 INTEPCHANGE TCUER 1460 INTEPCHANGE TOWER 3342 NORTH SHORE DR MPLS M: 55426 MPLS MH 55426 WAYZATA MN 55301 38 08-117-23 44 0001 PROP ACDR 03264 NORTH SHORE DR OWNER N:A11E HELEN A NORUM TAXPAYER HELEN A NOR UM NAME/ADOR 3264 NO SHORE DRIVE WAYZATA MN 55391 38 08-117-23 44 0004 PROP ADDR 03302 NORTH SHOVE DR OWNER NAME MIKNETO15(A PROPERTIES INC TAXPAYER. MA' -:WELL BAY ►tARINA NAME/ADDR 1460 INTERCHuN:C-E TOWER MPLS NUJ 55426 38 08-117-23 44 0002 03270 NORTH SHORE DR RITA M STRALEY RITA M STRALEY 1850 PALM CITY ROAD PAT 2^01 STUART FL 33497 38 08-117-23 44 0005 03300 NORTH SHOPE DR MINNETONKA PROPERTIES INC MAXWELL BAY MARINA 1460 INTEPCHANGE TOWER MPLS MN 55-26 38 08-117-23 44 0003 03284 NORTH SHORE PR RITA M STRALEY MAXWELL BAY MARINA 1460 INTEPCHANGE TOWER MPLS MN 55426 38 08-117-23 44 0007 03230 BOHNS POINT LA M J MCENANY 9 D WILLIAMSON M J MCENANY 3230 BOHN'S POINT RD WAYZATA MN 55391 RLJN DATE 07/23/88 HATCH 004 38 08-117-23 44 0008 PROP ADOR 03260 BOHNS POINT LA WIER NAME GERALD E HABECK TAXPAYER GERALD E HABECK NAME/ADDR 3260 0OHN'S POINT LA WAYZATA MN 553'.1 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY =4ERS LIST 38 08-117-23 44 0011 JOSEPH J A MARY K OOOLING RICHARD D ALLEN 3220 POHNS POINT LANE WAYZATA MN 55391 RFPI.T NO. PI435401 PACE TOTAL BATCH 004 00020 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFCRMATION AS IT APPEARS THISfDTRECORDSOF THE HEt4cEPIN COUNTY DEPARTME14T OF. PROPERTY T�O HE THE BEST OF MY KNOWLEDGE AND BELIEF.� • DATE Y rr� RUN DATE 02/23/88 BATCH 001 38 08-117-23 33 n060 PROP AD7R 03818 NORTH SHORE OR 0:04ER NAME M A K DAHL TAXPAYER W A A 0 L SANDRY NAME/ADDR 3818 NORTH SHORE OR WAYZATA MN 55391 38 08-117-2'1 34 0042 PROP ADDR 03818 NORTH SHORE OR OWNER NAME W A S SMILEY III TAXPAYER WILLIAM A A OEANN L SANDRY NAME/ADDR 3818 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 34 0051 PROP ADDR 03669 NORTH SHORE DR DWl,'ER NAME W E BERG ETAL TAXPAYER WARREN E BERG NAME.'ADDR 3669 NO SHORE DRIVE WAYZATA MH 55391 38 08-117-23 34 0054 PROP ADOR 03685 NORTH SHORE DR OWNER NAME CHARLES R CARL TAXPAYER GLENIA C A DONNA M UPTON NAME/ADDR 3685 NORTH SHORE OR WAYZATA MN 55391 38 17-117-23 21 0001 PROP ADDR 03805 NORTH SHORE OR OWNER NAME JAMES A POWERS TAXPAYER JAMES A POWERS NAME/ADOR 2475 DUNWOODY AVE WAYZATA MN 55391 38 17-117-23 21 0012 PROP ADDR 01620 SHADYWOOD RD OWNER NAME J C ERICSON ETAL TAXPAYER MR JOHN C ERICSON NAME/ADDR 1620 SHADYWOOD ROAD WAYZATA MN 55391 Kiv:°PIN COUNTY PD^PERTY INFORMATION SYSTEM PPrPERTY nWNERS LIST 38 08-117-23 34 0035 STATE LAND UEPT CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 08-117-23 34 0043 03818 NORTH SHORE OR M A K DAHL WILLIAM A A DEANN L SANDR': 3618 NORTH SHORE OR WAYZATA MN 55391 38 08-117-23 34 0052 03675 NORTH SHORE DR HARRY SKRYPEC HARRY SKRYPEC 3675 NORTH SHORE _R WAYZATA MH 55391 38 08-117-21 34 0057 JOHN T El0EM ETAL JOHN T EIDE7 3768 NORTH ''r^4E DR WAYZATA MH 55391 38 17-117-23 21 0010 01610 SHADYWOOD RD D A G ROGERS DONALD A GAIL ROGERS 1610 SHADYWOOD RD WAYZATA IN 55391 38 17-117-23 21 0013 01640 SHADYWOOD RD G T FINN ETAL GERALD T FINN 1640 SHADYWOOD RD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 1 38 08-117-23 34 0040 03818 NORTH SHORE DR M i K DAHL WILLIAM A EANN L SANDRY 3818 NORT, r JRE OR WAYZATA N• "5391 08-117-23 34 0044 0.3ci18 NORTH SHORE OR M A K DAHL WILLIAM A A DEANN L SANDRY 3L18 NORTH SI:7)E DR WAYZATA MN 55391 38 08-117-23 34 0053 03683 NORTH SHORE DR R G RESSLER A S RESSLER REX G RESSLER 3683 NORir. SHORE DR WAYZATA MN 55391 38 08-117-23 34 0058 03768 NORTH SHORE OR JOHN T EIDEM ETAL JOHN T EIDEM 37e8 NORTH SHORE OR WAYZATA MN 55391 38 17-117-23 21 0011 03705 NORTH SHOPE DR H SULLWOLD ET AL W/L EST DR HAROLD SULLWOLD 3705 NORTH SHORE DRIVE WAYZATA MN 55391 38 17-117-23 2Z 0012 01635 SHADYW000 RD RALPH E MILLER ETAL RALPH E MILLER 1635 SHADYWOOD RD WAYZATA MN 55391 .A RUN DATE 02/23/88 BATCH 001 PROP ADOR OV!4ER NAME TAXPAYER TOTAL BATCH 001 00018 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATTON SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435,01 Pe ;E I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCUPATE AND TRUE REPRESENTATION OF INFORMATI0N AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO BEST OF MY KNOWLEDGE AND BELIE,. /) /) _'Vi DAT94 eBY 44 e• _ ? I 11 J �� Pia 1CHERRY j+r c I! •• � -•-.' p`:r I;,lX y✓ a IA (1+— io IN IsI s • Q. j'� �i1. � '�,.ii t.`Me :�� ::- I�lc 3t� �.` _ ` � r� �-, � �►'"' 66 1j • Bali s� :1a yt • 10 N t• . n q 19>: Hs%le n Is is to 2✓�t t3 :� tb a Z1 s�'zy !� u �5 ul R 4c') at`?yv11 ./ l(�} SS1iSV�lS11 _ , .. }. t•^� L.v, ..MT `� •.. sr . u !�V?•.i�PgM�l�nr ww.�- � r . j r�� .�....:�.. A� � � - :.w• • _ � 1{! Z • .t1Q � / 410 1 SIC, r. _ _ _—. �� v.(J• A. 1 - '' - • lyt � +'� � 3y, - : '4. eL ems; � jK, MAPLEGAT y%! - _ M, a rj 1) _ ,1ai ,. d t •`p `� —`sN �, c a , INL 4, ' s �� *�� • r zs is _ ` �+ 1 ; ►'� fir �� .s r,•r- Rn �M • :� •t �� ��"mil mow( LI 15 lop r r��� wy � — .. � — - } • fe. RUN DATE 02/22/88 BATCH 002 38 17-117-23 31 0030 PROP ADDR 03660 TOGO RD 06'NER NAME ROBERT A EBERLE JR TAXPAYER ROBERT A EBERLE JR NAME/ADOR 3660 TOGO RD WAYZATA MN SS391 38 17-117-23 31 0034 PROP ADDR 03645 TOGO RD OWNER NAME D A L CARLSON TAXPAYER DALE 0 CARLSON NAME/ADDR 3645 TOGO RD WAYZATA MN 55391 38 17-117-23 31 0044 PROP ADDR 02117 SHADYWCOO RD OWNER NAME GREGORY S MORLEY TAXPAYER GREGORY S MORLEY NAME/ADDR 2117 SHADYWOOO RD WAYZATA MN 55391 38 17-117-23 34 0014 PROP ADDR 03635 TOGO RD CWNER NAME MARY E RIPPBERGER TAXPAYER MARY E SCHOMMER NAME/ADDR 3635 TOGO ROAD WAYZATA MN 55391 38 17-117-23 42 0011 PROP AODR 02166 SHADYWOOD RD OWNER NAME A M A R F HENSON JR TA'�PAYER ROBERT F HENSON JR NAME/ADDR 2166 SHADYWOOD ROAD WAYZATA MN 55391 38 17-117-23 42 0016 PROP ADDR 02118 SHADYWOOD RD OWNER NAME EDITH M ALLEN ET AL W/L EST TAXPAYER EDITH M ALLEN NAME/ADDR 2118 SHADYWOOD RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 31 0031 STATE LAND DEPT CITY OF ORONO CONVEYED 2/8/82 ST DEEO 161146 38 17-117-23 31 0036 03655 TOGO RD MOUND CONS JEHOVAH WITNESSES NAVARRE CONS OF JEHOVAH WITN C/O KINGDOM HALL 3655 TOGO RD WAYZATA MN 55391 38 17-117-23 31 0047 03640 TOGO RD PAMELA S PETERS PAMELA S PETERS 3640 TOGO RD 14AVARRE MN 55392 38 17-117-23 42 0009 02178 SHADYWOOD RD C A S ANDERSCN CURTIS ANDERSON 2178 SHADYWOOD ROAD WAYZATA MN 55391 38 17-117-23 42 0012 02142 SHADYWOOD RD DONALD B COX - TRUSTEE IRVING A DORIS A SCHOEN 2142 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 42 0017 02106 SHADYWOOD RD W JR A G SIME WILLIAM J SIME JR 2106 SHADYWOOD ROAD WAYZATA MN 55391 REPORT M. PI435401 PAGE 4 38 17-117-23 31 0033 03637 TOGO RD HENRY L KARDELL A WIFE HENRY L KARDELL 3637 TOGO RD WAYZATA MN 5S391 38 17-117-23 31 0041 02100 SHADYWOOD RD R A P ALBERTSON ROBERT V ALBERTSON 2100 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 31 0048 03580 TOGO RD D A M SIERS DANIEL A MARGARET SIERS 3600 TOGO ROAD WAYZATA MN 55391 38 17-117-23 42 0010 02172 SHADYWOOD RD DALE R BOEHM ETAL NORMAN W WELCH 2172 SHADY WOOD RD WAYZATA MN 55391 38 17-117-23 42 0013 02138 SHADYW000 RD JEROME J LAGUE A WIFE JEROME J LAGUE 2138 SHADY WOOD RO WAYZATA MN 55391 38 17-117-23 42 0020 02130 SHADYWOOD RD DONALD F HAGEN DONALD F HAGEN 1014 EXCELSIOR AVE HOPKINS MN 55343 R1R1 DATE 02/22/88 9ATCH OU2 38 17-117-23 42 0021 PROP t^OR 03601 TOGO RD OWNER NAME THOHAS L SNYDER TAXPAYER THCMAS L SNYDER NAME/AODR 5705 WOOD DUCK CIR EXCELSIOR MN 55331 38 17-117-23 43 0136 PROP ADOR 02177 SHADYWOOD RD OWNER. NAME MARK A SHEPHARI) TAXPAYER MARK A SHEPHARD NAME/AD:)R 2177 SHADYWOOD RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFOPMATIDN SYSTEM PROPERTY OWNEPS LIST 38 17-117-23 42 0022 02171 SHADYW000 RD JACQUELYN A ROBERTSON JACQUELYN A ROBERTSON 2171 SHADYWOOD ROAD WAYZATA MN 55391 38 17-117-23 43 0137 02159 SHADYWOOD RD F E MCLEAN i S A EATON F E MCLEAN i S EASTON 2189 SHADYWOOD RD WAYZATA MN 55391 WEPORT NO. P1435401 PAGi 5 38 17-117-23 43 0135 02195 SHADYWOOD RD JOHN H ANDERSON JOHN H ANDEPSON 2195 SHAOYWOCD RD WAYZATA MH 55391 TOTAL BAT''H 002 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TPUE REPRESENTATION OF INFOPMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HE?*lEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO/XHE BEST OF MY KNOWLEDGE A11D BELIEF. //�'� DATV�Y s•� w G (411n. • 20 1 / I•i Y� \ Y 1� • { KING Po,t of i o.2sloc► II,TwnMl• M l0•yean Por► c I, r Of Si ' i • .\ • / �RUCVTL •' ��tT Of OROaO i t llwe �.�, IrarWdl .64 1 I I + 1 ' 2 'y .`••e ell+ t �j t• IL I i I�,� �.'�` 4i i• ; HA1.yCYO T i•i 1 1 I �l 1 �4� (t1i`�li ' +1 1 i l r N►�i _r i i �[! / 4 s 6t So oil 64 ll�� �~.(�+1, ( 1 , r.r' � 1 1 :• •eiri~e \. ,��,'� � u . (fi, y rIe ii \r.�,j" ° [,lilr i �• �~ ('11 I 1 .r. ;✓`i�\)) \ /' i , / ,5 i� • O rn s i h •. ,� y.r:.s5" NORT ERN ,. >> ..+�•e �+ �I) y„•T'. r � (ifs ; � � � t Ita. 41 : "d f n ww 74 li � � to kid P. p �' .r top I � � /�, � •+ �i if Ji; �a ,, V r � t • Y 14 Ob : - � !. , r: •. + - .r� �� • is 14 Is I N. n I•, M 1A. tt , 12, as, i• t� IL as so is a' IND All o i 0 PUN DATE 02/22/88 HE►NEPIN COUNTY PPOPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 1 BATCH 001 38 17-117-23 V: 0001 38 17-117-23 42 0002 38 17-117-23 43 0001 PROP ADDR 02240 SHADYWOOD RD 02232 SHADYWOOD RD OWNER NAME C A A C A FREEMAN RICHARD LEE KOKESH ESTATE OF EDWARD H SPINULER TAXPAIE? C A A C A FREEMAN RICHARD L KOKESH ESTATE OF EDWARD H SPINDLER NAME/ADDR 2240 SHADYW000 RD 2232 SPA 1WOOD RD C/O LAPKTN, HOFFMAN/DALY LTD WAYZATA MN 55391 WAYZATA MN 55391 7900 XERXES AVE S/UNIT 1500 MPLS MN 55431 r, 38 17-117-23 43 0002 38 17-117-23 43 0004 38 17-117-23 .3 0005 �-4 PROP AnOR 02296 SHADYWOOD PO 02293 SHADYWOOD RD 03443 CRYSTAL PL OkIIER NAME ADM OF VETS AFFAIRS E J DALLOS A J N MOORE A A L RODEWALD TAXPAYER A M OTTEN A M P FRANZEN ROBERT A A DELORES C RYAN ADELBERT M RODEWALD NAME/ADDR 2296 SHADYWOOD RD 2293 SHADYWOOD RD 3443 CRYSTAL PLACE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 ' 38 17-117-23 43 0006 38 17-117-23 43 0007 38 17-117-23 43 0008 PROP ADDR 03449 CRYSTAL PL 03457 CRYSTAL PL 03465 CRYSTAL PL OWNER NAME KEKRY T CAMPIOr4 J D SAMPSON A K M SAMPSON STEPHANIE A KROEGER r TAXPAYER K.ERRY T CAMPION JAMES D SAMPSON STEPHANIE A KROEGER NAME/ADDR 3449 CRYSTAL PL 3457 CRYSTAL PLACE 3465 CRYSTAL PL - WAIZATA MN 5539. WAYZATA MN 55391 WAYZATA MN 55391 v/ 38 17-117-23 43 0009 38 17-117-23 43 0010 38 17-117-23 43 0011 PROP ADDR 0347I CRYSTAL PL 03477 CRYSTAL PL 03485 CRYSTAL PL OWNER NAME G V LATOURELLE A K M OLAFSON NANCY B HATFIELD CIIERYL K GOULET TAXPAYER KAREN M OLOFSON DEAN HILGEPS A ROD EARLYWINE CHERYL GOULET NAME/ADDR 3473 CRYSTAL PL 425 ELM ST S 3485 CRYSTAL PLACE WAYZATA MN 55391 WACONIA MN 55387 AAVARRE MN 55391 38 17-117-23 43 0012 38 17-117-23 43 0016 38 17-117-23 43 0017 PROP ADDR 03493 CRYSTAL PL 03472 LIVINGSTON AVE 03460 LIVINGSTON AVE OWNER NAME R J PAIGE A E A PAIGE P E GRANT A A M GRANT FENRIC N LINDLAN - TAXPAYER ROBERT J PAIGE PAUL E GRANT RICHARD N LINDLAN NAME:ADDR 3493 CRYSTAL PL 3472 LIVINGSTON AVE PO BOX 256 WAYZATA MN 55371 WAYZATA MN 55391 MWQ MN 55364 38 17-117-23 43 0018 38 17-117-23 43 0019 33 17-117-23 �3 0020 PROP ADDR 03452 LIVINGSTON AVE 03444 LIVINGSTON AVE 034.8 LIVINGSTON AVE ' OIAHER NAME WILLIAM R MAXWEELL II A WIFE FRANK H OLSON ETAL PA;R'CIA A QUINN TAXPAYEP WILLIAM R MAXWELL II FRANK H OLSON PA" !CIA A QUININ NAME/ADDR 3452 LIVINGSTON AVE 3444 LIVINGSTON AVE I-IVINGSTON AVE 5 NAVARRE MN 55391 WAYZATA MN 55391 1 r'A MN 55391 J RUM DATE 02/22/88 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. P14354O1 PROPERTY OWNERS LIST PAGE 2 BATCH 001 38 17-117-23 43 0021 38 17-117-23 43 0022 38 17-117-23 43 0023 PROP ADDR 03436 LIVINGSTON AVE 03422 LIVINGSTON AVE 03414 LIVINGSTON AVE ROSEMARY P BURMASTER OW11ER NAME STANLEY A MOORE ET AL W A N BOCFMANN WILLIAM H BOCKMANN ROSEMARY P BURMASTEP TAXPAYER ROXAt*4 BEISCH 3422 LIVINGSTON AVE 3414 LIV314GSTON AVE NAME/ADDP. 3436 LIVINGSTON AVE WAYZATA MN 55391 WAYZATA MN 55391 J WAYZATA MN 55391 38 17-117-Z3 43 0116 38 17-117-23 43 0118 38 17-117-23 43 0120 PROP ADDR 03407 CRYSTAL BAY RD 03415 CRYSTAL BAY RD 03435 ROBERT WCRYSTALZBAY RD OWNER NAME R S A E C NICHOLS ROBERT H ZIMMERMAN ROBERT H ZIMMERMAN ROBERT WILLIAM MIELENZ TAXPAYER ROBERT 5 A EUNICE C NICHOLS 3415 CRYSTAL BAY RD 3435 CRYSTAL BAY RD NAME/ADDR 3407 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 43 0121 38 17-117-23 43 0122 38 17-117-23 43 0124 ~� PROP ADOR 03445 CRYSTAL BAY WO 03447 CRYSTAL BAY RD 02264 SHADYWOOD PO OMTIER NAME GLOPIA MC OONALO GEORGE C SWANBECK EVELYN S TPUTNAU EVEIttI S TRUTNAUECK y � TAXPAYER GLORIA MCDONALD GEORGE C SWANB 11021 ABEOTT LA 2264 SHADYWOOD RD .� R„ ' NAME/ADDR 3445 CRYSTAL BAY RD MINNETONKA MH 55343 WAYZATA MN 55391 ROUTE 1 1 WAYZATA MN 55391 38 17-117-23 43 0125 38 17-117-23 43 0126 38 17-117-23 43 0127 kJo PROP ADDP. 0-2256 SHADY600D RD O2Z48 SHADYWOOO RD 02259 SHADYWOOD PD MAPGARET J BJOPK OWNER NAME W H MEY JR A J R MEY D A K OWEN DAVID S CWEN MICHAEL A CHRISTINA SCHAFER TAXPAYER WILLIAM H MEY JR 2248 SHADYWOOD RD 3220 CHICAGO AVE NAME/ADDR 2672 WILSHIRE BLVD WAYZATA MN 55391 MPLS Mli 55J0T MOUND MN 55364 40 38 17-117-23 43 0128 38 17-117-23 43 0129 38 17-117-23 43 0144 RD PROP ADOR 02245 SHADYWOOD RD 02237 SHADYWOOO RD O222a SHADYWOOD J A Y PIEPER OWNER NAME D A E WEISS D L SCHUDER t 5 M SCHUDER DANIEL L A SUSAN M SCHUDER SUSAN A TODD PIEPER TAXPAYER DONALD H WEISS Z237 SHADYWOOD ROAD Z229 SHADYWOOD RD NAME/ADDR 2245 SHAOYWOOD RD WAYZATA MN 55391 WAYZATA hR1 55391 WAYZATA MN 55391 38 17-117-23 44 0022 38 17-117-23 44 0025 38 17-117-23 44 00.)9 PROP ADDR 03405 CRYSTAL BAY RD 02205 BAYVIEW PL 02300 UL1:` AVE MAP.GARE" A WOOD CWNER NAME JOE DARLING ETAL CLEMENT F BIRCH JR ET AL CLEMENT F BIRCH JR AND MARGAREf A WOOD TAXPAYER J D DARLING 3405 CRYSTAL BAY ROAD BARBARA J SIPPRELL-BIRCH 2300 OLIVE AVE j NAME/ADDR 55391 2205 BAYVIEW PL WAYZATA MN 55391 - WAYZATA MN WAYZATA MN 55391 J RUN DATE 02/22/88 BATCH 001 PROP ADDR ' OWNER NAME TAXPATER TOTAL BATCH NAME:ADD4 001 00036 HENNEPIN COUNTY PROPERTY INFORMATION CISTEM PROPERTY 0$44ERS LIST REPORT NO. PI43540. PAGE 3 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF 'NFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEEa4EPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO BEST OF MY KNOWLEDGE AND BELIEF DAT��/" + BY LOCATION MAP w -- - P nw..- Otto G Buestrdo PF Keith A Gordon. PC Thomas W Peterson, PC Charles A F(Ktton sonestroo 1 Rosene Anderlik & Associates Engineers S Architects March 7, 1968 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Robert W Rosene, PC RKha•d W Fogel PC MKhaN C Lyorh. PC Leo M Paweltty Joseph C Andemt. P♦ Donald C Burgardt. PC lames R MsUnd, PC Hatfan M Olson Bum dtofd A Lemberg. Pf Jerry A Bourdon. PT'. Kenneth P Anderson. PC Wun M fterbn RKhafd f furrset. PC Mart A Hanson. PC Keith A Bachmann, PC Mart A Serp James C Olson, PC Ito K field, PC Mart R Rolls, PC Glenn R Coot. PE MKhaet L RAWmann. PC Robert C Russet. A I A Thomas F Noyes. PC Robert it Pfeffene. Pk Thomas f Angus. PC Robert G S[hursrtht. PC David O Lostola, PC Howard A Sanford, PF Marwn L Sorvala. PC Re: No. 1256 - Metropolitan Waste Control Commission Our File No. 139-1256 Dear Jeanne, MAR ' A PA I i Enclosed is a summary of the MWCC - Orono Interceptor Improvement Project. The existing Orono Interceptor is under capacity. Backups within the system have occurred during peak rainfall events resulting in the need for emergency pumping into tank trucks to prevent sewage o,:urflows into Lake Minnetonka. The project area has been under study since 1979. It has been determined that extraneous flows cannot be further reduced cost effectively. The Interceptor Lystem is therefore being upgraded in capacity to convey peak present and projected future flows. The 14WCC - Orono Interceptor Improvement Projece. consists o: the construction of 4,900 lineal feet of 18" to 21" diameter reinforced concrete pipe sanitary sewer; 9,500 lineal feet of 6' to 16" diameter ductile iron: pipe force main; the renovation, construction, or removal of lift stations at 7 sites; and the restoration of disturbed highways and properties. Ninety percent (901) of the construction activity will occur withiL. the right-of-way of County Roads 84, 51, and 19 all indicated on :enclosure No. 1. The remaining 1OZ of construction activity will occur upon Private properties adjacent to :he right-of-way. load closures will occur on County Roads 51 and :9 where indicated on enclo- sure No. 2. The road closures will not occur simultaneo-isly as the project is being constructed in 2 stages. Stage 1 consists of pipe placement and resto- ration nlcng County Roads 84 and 51 to County Road 19. S•:age 2 consists of )ipe plec:ement along Count. Road 19 to a point approximately 1,000 feet north A Count; Road 15. All work of phase 1 must be completed !)rior to commence - Bent of work on phase 2. This will facilitate traffic rero•iting within the 3roject area. pa�'- I . ?4 1335 West Highway 36 • St. Paul, Minnesota 55113 9 612-636-4600 City of Orono Orono, MN 55323 Re: File No. 139-1256 March 7, 1988 The Commission has prepared and submitted permit applications to the following agencies: A.) Hennepin County Highway Department B.) Minnesota Department of Natural Resources C.) Minnehaha Watershed District D.) Minnesota Pollution Control Agency E.) City of Orono All permit requirements will become a part of the contract documents of the Orono Intercepto_ project.. The 15 month project is scheduled to begin in August 1988. If you have any questions, please contact this office. Yours very truly, BONESTROC, ROOOSENE., ANDERLIK & ASSOCIATES, INC. Michael C. Lynch HCL:li Faj3't . . NORTH At -RIM MAXWELL BAY _ L- oAoNo CRYSTAL BAY - GRAVFiY SEWER • ••• FORCE MAIN ROAD _ CLOSURE• imel" am go 30 if to ORONO Lo Ta Lc FCRE - Fro" LAKWill r - _ `1NI:ST SMITHS MINGN . BAY PC SAY �� 1O INlITONK .• ti ICU SPRING VIRAL L. \ .1 02 rrn ' + lA A TIE p r STATE Of DEPARTMENT OF NATURAL RESOURCES PtiONE No. 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 VILE NO March 11, 1988 Jeanne A. Mabusth Building 6 Zoning Administrator CIT nF ORONO Post Olfice Box 66 Crystal Bay, MN 55323 ` ` ' IM 14ftS Uo., RE: APPLICATION #1256 METROPOLITAN WASTE CONTROL COAMISSION CONDITIONAL USE PERMIT/VARIANCE APPLICATION #1258 JOHN 6 KATHY EHLERT, 1785 CONCORDIA STREET APPLICATION #1251 AUDREY SCMULTZ - VACATION OF ROAD Dear Ms. Mabusth: Thank you for serding information A'ar our review on the above referenced permits. Our comments on each opplication follow. The upgrading and repla.-sment of sewer lines is mainly a concern of the PKR Lands Bureau. The Division of Waters will have a chance to co®ent through the Bureau of LandR license procedure. Prelim:aary indications are that impacts to protected waters will be minimal because the sower line is mostly beneath the existing roadway. According tn the plans received March 3, 1988, the Ehlert house addition does not encroach below the 931.0' elevation. Since the Flood Insuran a Rate Map (enclosed) and the City of Orono's Flood Ordinance consider elevation 931 the 100 year flood elevation, we have no floc plain 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 noes not ra1Re any protected waters concerns. Thank you akt in for the nportunity to review these projects. If you have an auentions, please feel free to call. Sincerely, ; � �, I , lle7 V Tom Hovey Staff Hydro' .c METRO REG. 1ISION OF WATERS Enclosure cc: Jack Anderson J1/dv AN EQUAL OPPORTUNITY EMPLOYER s 60) -P,-A3- F7 I). Public Service :Itructure:.. Public ,;ervice structure:;, including but not limited to electric transmission lines, buildings such ass telephone exchange :stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power subst ,tions, provided no building shall be located within fifty feet from any lot line of an abutting lut in an "R" District. Prior to granting such peri,.it it shall be found t .,at the architectural design of service structures is compatible to the neighborhood in which it is to be located ,nd thus will promote the general welfare. Public service structures as defined above that have been approved by the City at required public hearings for public improvement projects shall not require a conditional use permit but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require .:ritten notice by the City to all affected property owners 14 days prior to the adoption of the amended plans by the Council. Section 4 - Orono r-lunici-:)ai Code Sections 10.40, Subdivision (A) is hereby amended by adding the following use to the Retail and Service Business District: 31. Oaf -sale Liquor Store Section 5. This Ordinance shall take effect and be in force from and after the date of its passage and publication. Passed by the city Council this 23rd day of February, 19R7, by a vote of 5 ayes and 0 nays. c' i James R. Grabek, Mayor ATTE T: or thy M llin, City Clerk LW AMr ,J/JXPrP rU K r'REcn;t Z- 2''R 5ff`!��^RvLiu1DE PIPES 10 v -, ^Po ry rcfcxf t1,AWWLt,--- I;xI>f19e, Ia' P, Fff-Wf r1Ar1�WLE yur'or-T �Antr� - HwL F LOA-T CASLE OIOLI6T rutm off Lj�.f;l -fr.AP5,QUZ- c r ftun�►i•In w,wt+ a �orfrt l"Vo I.IA Gl11IC �u It Z�.y•.q�.$•c1.cs�F cr'�t�41G i J �-- /IJ.tJS'1'II� fnJ4s, "ti;t"y0R I►�'! IL6 A" 7ih F.M. I ? — 3" � t/•P vILv6 �-� 61�aiLF ��'ir� It�'f EFt'1EG;P1E _ SurtY�Ri, 5Ec G6�;L _--J---RwL FLwT - PuMP Lift ",Alp — rmt r woft I-AVL4 rump i 51PI!`ILE55 5'(:EL /1.1'iMvFS Ltva tv ff`H or weir WILT, w1fo *oil ^� RtauIFG� f� Iayt� L flif*f' p•ses p pLun-►:,Iri HAkr 4 Z' V -4'•s' ,;LG^F `H 0414 7s NL FLAAr r LIfT cr+.AlN r M,{aR 4^CW r tLntullui,E c�;�(�11/., �,.,✓vGr i VAL 16 IVAUI.T �� fa►5E EI�B�/l-1 - /�t�lilti'K l^I�iN S�PifJI.E55 5'(:GL /N1vNoR5 i �— 4w,S A, g" w 1p IPn� Irwr IV5E5 I' R - e"i PI�rs1 G..ac LovtR f n/ylNpLE S1WS 6 3" ac. — 4'liMEGK Y/LY`L F. 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ENGINEER; & ARCHITECTS ST- VAUL, MINNESOTA /LPtt w-.N a feat Awn Wfwl c.Mf w'-b-. e o cuv -r.lr. C-r.• .)dcW:f ap11a.-� W.1M IL ".-ow WI•. 64r0 :11rl Ka CDjN. r j l.lELI, 1 I � �1- i I ( ca+�.r4tt f K „yrrT IC G rrl w7r cgiGrst6 r ro IAA 1 -- -- � rrwsr u.ws•n .: •:. ,'e.0-d Aawf AM• w.7wM � Irr.lb.� ^a -Prof u��h MiMrr: eafsnl ++ 4 _ jar( •. (Loaf %N+b• + fir" -mart q��J rvrr _,1 t� «^J zaaearn � rlfrar >rc w it w /h� :. �F u't� SL'aKif r %f,R•,.K C ' � 1L'. �a w:rf!Ir:An,Igpf(f-xruyL D�k�wfcT SiL► ssvtnrwrrfnr,c rwir Lff aarrl 1 f rw+r VOW A"W L- >D sru ftmm r"* �- flrr rr.a' 11/awcrr W yx wxO -,WwaF urH /-PVA"„ ,icfi r Lre�s JJ 4�- i— pgy,n tb raw 41c:�t sE�TIOIJ xxs A►•• I• P PROVED RECORD DRAWINC 1METROPOLITAn WAITE o:,a ORONO INTERaEPTOR MPROVEMEN73 120 """`� conTROL commiffion NEW LIFT STATI al / �T a �� � 910E 5W E-i Io �I✓ 1� 0� (UY1►b�K ✓rive- TO ►6 Z4*fiwKW of M ^-44 FOeAMW N'n 4 1' ►if. 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ENGINEERS & ARCHITECTS v e 'n * W-l" k " 0 "er s4".9f Lir'l S-ATWK4 -T me rr&Aof 40. 1& w49 I.- t sv 40M rwe-* 0-omw4oftwovoo LsysL .v,,FA m04 wrrf A no —Ftic-e as.9 IWO, rlp��WAM 4%.. twr *too mw LIVU IWA-V WW-AI tiff -,'-A ! - Is- o I iyri k w qutu mop—,LL----'L�a—J5, 85 �METROPOL.Ton WAfTE 1-67 ORONO INTERCEPTOR K"OVEMENTS -TROL LIFT STATION NO. 46 11 V =(0fT 2 8 �y �• 'o LONSTZUGTION 5OUN2PfZY 4� v,-wE ✓Pul — 101-14.7f, Z29L'K , ¢ Wof hJks .L -- j9 i u f"g, 4I.0s' F 94, TOGO ROAD ���1eus pRivg T et t.•�ls'fRuKs� of d� �'4i4F�+/�•`o� d►sE 4 i" 6r( SLKpr'�. �r--6 �Ixllo s f op s1�� 9OHOOFT If -rl"-ICI KY i+OLL ,Anolp" pR( ueu, � — 6K,tHr�ws �V` Oh � EL E1T gTsEL udc — -- !.; t�jau5 Or7rv� To � G�31�lNKED of 64A�rw-'r CAS F 4 3" Cr•f. 5ureF'4a—' i ,,u -1-r.'T r.ww /+e,•p"vFf ur;U. d r L^"(, 4OWt l q Al G',l~ VALVE [1TY► in' Kuh vnvc Lt�VI iL"rw ffDtwfR lK PiXfuu �MrJ►df AS O*H A, C �J�:EL'fi�ti K ` �EGEtTKI.� s—6rfJhrplau5 it ♦E (sao�c�, 5E� 5 NEtgT t 3 — FLoAC CAiLC Ltvsl 'fFH NW*F a M / To Juucf,c•4I'V - GgI�EiL G::rii � .�f.FNFIO SE+Cvtr! - *' _•' � rierL ens tu.lK t�x}s VALVee VAULT lI �6Nu(11Vq�IBF � _ 4•(.v. � q'a.v,Mr j f --- - —�_ - 5` +- FILM-, a sp _ 4" 5rZeIA- 3r4k-L '1^01L to NALV STsf4.) AkMgt fo WLL 925.on HWL FLcat — 4* ar VIX44A ryf, — 2- PD. 4UM7E Ph'r-s WOO UFFW 4uwf- gtGur�+,5 rumf Lwf 444w — rum Wfoor aAm` "f &sc gL60 W - AWMX c G I'( 5 frf gl lJaf WOLL icW-rrsJ "L_X 171CY wc,Lt, lUEMIMI ?A. FXI:1,1W, 1pty ,� I'L �s1 ♦ I s ;s l�W iEE 5NE6'( 14 n H (-rE.-)C alb Z,. aING ,. TO: Mayor Grabek and Council City Administrator Bernhardson��; FROM: Michael Gaffron, Asst. Planning 6 Zoning Administrator DATE: May 3, 1988 SOBJ: f1259 William Odden, 3450 North Shore Drive - Variance - Resolution Zoning District - LR-IC, 1/2 �Icta sewered. Application - Hardcover variance to construct a 3-stall detached garage. List of Bxhibiti A - Propose. osoluti•)n B - Planning Commission minutes 4/18/88 C - Planning Commission Action Notice D - Memo and Exhibits of 4/14/88 Discussion - This is a hardcover •-ianr:e request to allow the applicant to construct a 3-stall detached garage on his property. Currently there is no garage on the property. The layout of the property is such that a garage woL id either heve to be located in the front yard or in the rear yard. A gara- -� in the front yard would encroach on i, average lakeshore setback and would be ?nappropriate for the neighborhood. A garage in the rear yard neccesarily rr • Tres an extremely long driveway, hence the request for hat -r variance in the 75-250' zone. by staff calculation, the existing 75-250- haidco.^rr is 5,973 s.f. . or. 38.91. W &th the proposed removals, hardcover decreases tr 3; 3% in the 75-250' zone. Planning Commission at their Ap-:1 16, 1988 meeting recommended approval of the requester' vasiiJACe, subject to the condition that no additional future hardcover �-a " d on this propert-, Please review the memo and exhibits c 4/14/aA. Staff RecommeMation - aataf f recomme•Ailla approval of ..he hardcover variance request per the Planntng Commissi.n recommendation, per th- attsched resolution. A RESOLUTION GRANTING A VARIANCE. TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE, t1259 WHEREAS, William Odden (hereinafter "the applicant") is owner of the property located at 3450 Nerth ShGre Drive within the City of Orono (hereinafter "City") and legally described as follows: The following property lying within the plat of "Lydiards Park" Lake Minnetonka, .'..rn pin County, Minnesota: The Southwesterly 25 feet of the SL ,.3sterly 1/2 of Lot 17 and that part of the Nor_reasterly 1/2 of Lot 18 lying Southeasterly of a line parallel with and distant 197.5 feet Northwesterly from the base line as shown on said plat, Lots 17 and 18; (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached garage which will constitue hardcover in the 75-250' lakeshore setback zone in excess of the 25% hardcover normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1259. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zcning District. 3. The Orono Planning Commission reviewed this application on ,1pri1 18, 1988, and recommended approval of the proposed variance hased upon the following findings: a. The construction of a detached garage to the rear of the house is consistent with development within this neighorhood, requirinq excessively long driveways, hence excessive hardcover, to serve those garages. Page 1 of 4 »... q � --- -- _........ . - .�.. , ....:.... h. A garage location. to the front of the house would require variances to average lakeshore setback and would not be in character with the neighborhood. c. Based on the existing 38.8% hardcover, a large portion of which is attributable to existing gravel driveway and parking area, the proposed driveway, apron, and garage in conjunction with the proposed gravel removal, will result in a 75-250' hardcover of 37.3%, a net decrease from that which exists. d. A variance to construct this detached garage was granted by the City Council in 1977, but the applicant r er constructed the garage and the variance expired after one year. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the appl icant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would he in keeping with the spirit and intont of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a detached 3-stall garage which wi l l result in 37.3% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, subject to the following condition::,: Page 2 of 4 1. Hardcover on the property shall he limiter] as follows: House 2,133 s.f. Detached Garage 832 s.f. Patios & decks 720 s.f. Driveway & apron 2,064 s.f. Total 5,749 s.f. Area within 75-250' zone = 15,412.5 s.f. 5,749 15,412.5 = 37.3% 2. Applicant is advised that no future additional hardcover will be allowed on the property, and any future request for additional hardcover will not be approved , but micht be approved only in conjunction with concurrent removals of existing hardcover resulting in no net increase in hardcover. 3. 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 (May 9, 1989). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 MINUTES QP THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 i1259 WILLIA14 C. ODDEN 3450 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 7:50-7:52 William Odden was present for this matter. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover variance to construct a three stall detached garage. He noted that in 1977, the City Council approved the proposed garage and additions subject to the driveway being gravel, which at that time was not considered hardcover. A variance is required due to the extreme length of driveway hardcover in order to serve the proposed garage. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Johnson, to recommend approval per staff recommendation including the condition that no additional future hardcover be approved for this property. Motion, Ayes 5, Nays 0. #1260 JOHN NYQUIST 1432 BALDUR PARK ROAD VARIANCE PUBLIC HEARING 7:53-8:09 ,the Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request to tear down an existing detached garage and construct a new detached garage requiring variances as follows: Hardcover - 0-75' No change 75-250' Existing 40.9% Proposed 53.8% Side Setback - Required 10' Existing 2' (existing garage) Proposed 5' (proposed garage) Street Setback - Required 30' Existing 3.8' (existing garage) Proposed 20' (proposed garage) Gaffron noted that in 1982, the applicant, without approval, constructed the currently existing patio, with after -the -fact direction from staff as to how it would have to be reconstructed in order to remain. 4 ZONING FILE NO. 1259 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 -Date of Notice: 4-27-8R ------------------------------------------------- ---------------- TO: William Odden COPIES TO: 3450 North Shore Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------- ---------- DATE OF MEETING: 4-18-88 VOTE: 5 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAI, CONDITIONS: Recommended approval of variance to allow 37.3% hardcover in the 71-.- 250' zone (37.3%), subject to the condition that no additional future hardcover will be allowed. Applicant's next scheduled meetirg is confirmed as: City Council May 9, 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 (-ommission. 4 To: Planning Commission From: Michael P. Gaffron, Assistant 7.oninq Administrator Date: April 14, 1983 Subject: #1259 William Odden, 3450 North Shore Drive - Variance - Public Hearing Zoning District: LR-IC, Half Acre Sewered. Application: Hardcover variance to construct three stall detached garage. List of Bxhibits: A.) Application B.) Plat Map C.) Property Owners List D.) Survey Showing Previous Proposal E.) Survey Showing Current Proposed Configuration F.) Hardcover Calculations (Verified by Staff) G.) Proposed Garage Plan H.) Documentation from 1977 Variance Application Pertinent Facts Applicant is requesting a hardcover variance to allow construction of a 26' by 32' detached garage in his rear yard. With a lot width of 75', applicant is proposing to meet the 10' rear and 10' side setbacks, as well as '�!le required 10' setback from the existing house. However, due to the extremt- length of driveway in order to serve such a garage, a hardcover variance is necessary. Applicants 0-75' setback zone is to a great extent covered by County Road 51. In the 75-250' zone, existing hardcover is 5,973 square feet or 38.8%, which includes a large gravel apron in the rear yard where various items are now stored in the open. Applicant proposes to remove a 7' by 32' section of that gravel apron and construct the garage entirely over a portion of the remaining apron, hence the hardcover is decreased to 37.3% as a result of this project. Discussion Please review the documentation from the March 1977 approval for additions, which included the proposed garage. In 1977 the City Council allowed the garage and the proposed additions subject to the driveway being gravel, which at that time was not considered hardcover. The proposal has not changed substantally since that date, except that the City view is that the gravel driveway ishardcover, hence the hardcover percentage is now seen as being in excess of the 25t allowed. Based on this propcsa 1 , the applicant wi 1 1 end up with a 27' by 30' apron in front the of garage, which could only be reduced slightly if the garage Zoning File #1259 Page 2 was placed at tine northwest corner of the lot, instead of the northeast corner. However, he would still need some sort of back-up apron in order to enter North Shore Drive facing forward, hence it appears there would be no substantial decrease in hardcover if the garage was relocated. There does not appear to be any existing hardcover on the property that could be easily removed. Staff Recommendation The layout of the house on this property appears to dictate that a garage would either be to the front, where it would block lakeshore views and encroach into the average lakeshore setback zone, or be located to the rear, which requires a longer driveway. Staff would recommend approval of the hardcover variance as proposed, finding that this will result in a slight decrease in 75-250' hardcover, with a condition that no additional future hardcover be approved for this property. Date kuc; ' U��'�'�� �JJ c; c> r; ►' =' Fee -• �+ -• <> Receipt t A fr�OP u NO - IANC PlkdoloN �a 1-_., Initial Application Fee $ ti.0 ($50.00 per each additional variance) Renewal Variance Fee $7?. 0 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address Property Identification Number (P.I.D. ) Please check one - Is the property abstract or torrens? Lttach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) :g2/ -,7 2 7 2 Name _��� 1 r �1 ..1L�!� Phone ( work) s emu' r -----►aares8: _ 3 -�-s o - �V - S�zry_city =--- /-------Zip-=�`-` -- 0 In (if different than applicant) Phone ( ome) Name Phone (work) Address: City: Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District,v5/�e1� . G� Present Use of Property y� ,�n%" r Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 4 jWe "' Describe request in detail: --------------------------------------------------------------------------- VARIRNCES REQUIRED Lot Area Lot Width Setback Variances ( front Hardcover Side Rear) Other --------------------------------------------------------------------------- HARDSHIP Describe undue enforcement of hardship or practical difficulty resulting from strict zoning-egulations: ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code -Requirements: e4/- --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------------------------- ---------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APnLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. I y % t► g g g _ - Applicant's Signature Date cwN SIGNATURE The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification is request. / 3 _ g _ g'g Owner's Signature �all=-L Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. E M�NNBAY) (CRYSTAL, P:14 DATE 10/14/87 BATCH 003 38 08-117-23 42 0005 PROP ADOR 0343) NORTH SHORE DR =Nlup NVIE RU3Y M SMITH TAXPAYER RUBY M SMITH NVIE/ADDR 3430 NORTH SHORE DR •' WAYZATA MN 55391 ow 39 08-117-23 43 0020 PPOP ADDR 03442 NORTH SHORE DR C.NER NAME GERALD J RAY ETAL TAXPAYER GEPALO J RAY NAME/ADOR 3442 NORTH SHORE OR WAYZATA IIN 55391 3,5 08-117-23 43 0023 PROP ADDR 03450 BIRCH LA 0::1SER NAME P A KEMPF ETAL TAXPAYER EOWAPO R ENGLER N!J'ff /ADDR 3450 BIPCH LANE WAYZATA MN 55391 38 08-117-23 43 0026 PROP ADOR 03460 NORTH SHORE OR Cf.'!FR NAME JOHN G NELSON ETAL TAXPAYER JOHN NE1504 KAME/ADDR 3460 NO SHORE OR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117.23 43 0012 03470 NORTH SHORE OR HAROLD J BROUELLETTE HAPOLD J DPOUELLETTE 3470 NORTH SHORE DR WAYZATA MN 55391 38 08-117-23 43 0021 03450 NORTH SHORE DR WILLIAM C ODDEN WILLIAM C OODEN 3450 NO SHORE DR WAYZATA MN 55391 38 06-117-23 43 '024 03448 NORTH SHORE OR J A M ERLER .LAMES A tL1RY ERLER 3448 NORTH SHORE DR On OtO t01 55391 38 08-117-23 43 0027 03460 BIRCH LA R WILLIAM TOWARD ETAL R WILLIAM TOWARD 3460 BIRCH LA WAYZATA MH 55391 REPORT NO. PI435401 PAGE 6 38 08-117-23 43 0019 03440 NORTH SHORE DR R SCOTT PROCHNiO.4 R SCOTT FROCHNnW 3440 NORTH SHOi:E DR WAYZATA MN 55391 38 08-117-23 43 0022 03444 NORTH SHORE DR WILLIAM 0 ROBINSON W D POSINS04 3444 NORTH SHCRE OR OP010 tN 55391 38 08-117-23 43 0025 03458 NORTH SHORE DR ALCt1ZO B SERAN III ^, ALONZO BARON SERAN III 345-' NORTH SHORE DR WAYZATA MN 55391 ��0►' TOTAL BATCH 003 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. THE BEST OF MY KNOIALEOGE AND BELIEF. ,i /1 / THI JOHN J. ItTAN Co. TICLEP140MIL 04 . 6-60641 .CALK IINCH 'M 1402 *CLOY AMOU9. 9T. PAUI.99104 PLAT OF SURVEY OF PROPERTY OF V11'l :ate rMelon LOCATION- 3459 North Sbare Driva, "a P—tax. Mm—gotli ONSCRIDILD A$ FOLAAW" C ?. -- A rots: Ito address number on house. CLA FIFICATL OF I XATION OF BUILDING ('FUTIVICATE OF SUIVZY I hereby certify that I hereby ratify that un 1 W,040 a as of ;he ItWAOIAIM of tbQ hU1141810ro 8) OR tM I surveyed the property describ4hi Ahowe and Lbat the abe" a6Olk ove e-rlw property aftd that the leestion of maid piat in a corrv�ct reprevWtation 0 said sufv" b4"Wor1a1 is gorrow'y shown on %he a" plat. v : %JxArl'- "f _- 1iG SOW J. KTAN CO. T[1[THON a. Qee•eaaa /GLI1 1 INCH 1"a G"V AVINUI . ST. PAtlt.86104 PLAT OF SURVEY OF PROPE;2TY OF wcwnoN ----- . oascwuao ws FOLLOWS oil rAsPri� to Q••1 L? 1 tl�,t• �j qr Pjc ctiRG�N G � 1 0 ntv G r CON STc&CA lnN�� l'■ kota: No address number can h-.unee C P Y; TA L ('ERTIFIC/.TE Or LOCATION OF IIUILMHO CERTURCATE or sul"T 1 hereby certisy that ec> _ -- —mik 1 bereby cwt!f • that OI 19_�_. r 1 tna.le a son�1 of the lncrttan of the bUildtn") on the 1 n�yod the property described above and that tbG reA j' abase drerri weporty and that the liwoUen of said plat is a rotrect representstjoa of said survey- Auildirhlta) is correctly a►own on the above plat. HARDCOVER CALCULATION WORKS))EET Settack Zone: (circle one) 0-75' 75-250 �_25f-500' 500-IC00' Existinq Rardcover in Zone a. Ho.:se _.— x �_ . length 7//, e width Al / , c 3 y L`Y X 1C� 1 c 9.f � x b. Garage - x • s.f. C. Driveway ./5 C x . �/•� 9.f. — x /��C _f/-L s . f . a. Patic/ / C1 s.f. Deck — Z_ f . Landscape x areas underlain x t,V r!as t4c Sheeting x x s.f. _.f. I I / Existing Hardcover It - Total F.xistin,7 Hardcover x 100 Lot Area Within Zone s.f. x 100 ,zr Additional Hardcover to be ac.ded in zone: Item I>F-1. 11,4/,- Length x W •)th ( TOTAL_ s . f . ��-- X L`,w' x x 9.f. s.f. (2) t.. Item Length x Width TOTAL s.f. � —1x t Z� .� � s . f . s.f. x n � s.f.- r x s. f. TOTAL S.F. TO BE PEMGb'ED -.2 (3) f. Final Hardcover Proposal: f lLine (1) + ..ne (2) -Line (3)] f. Other — _ x _ � s.f. x . S . f . ( �^ — x m s.f. J ^'OT.'.L EXISTING HARDCOVER IN ZONE -2 7 TOTAL S.F. TO PE ADDED Existing Hardcover to be Removed, if any: ♦ _ 7— Exi-tiny To be Added To be emoved Final Proposed Hardcover i Line (4) x 100 - % s.f. Line (1) s.f.73 •/ 3`7, 3!� x 1 C = .O.A. Try. r1lnning Cori*;«ion nrid Cotuicil ll;uil. `bhich, 'oninr Mninistrnt,r ' M%Ti': !larch 2, 1977, gmJt'Cr: willian Mklen - 3450 North Shore Pri%T Variance - Lot Area and Width - Proposed Addition to Dwelling on Non-Conforminp Lot This property consists of a dwcllinQ with an area of 820 sq. ft. on a substandard lot. The owner is requesting approval of a 1, W) sq. ft. addition to the existing house. The proposed addition wou*,: meet all setback requirements. Although the proposed addition would meet all setback requirements, the addition appears quite lame for this lot. The addition proposed along 0 east end of the house practically extends into the private easement providing ac -ss from Parcels 4000 and 4400 to County Road I51. i believe we should be careful that we don't landlock the properties behind this parcel. The variance request is as follows: Requirements I:xistin& Variance Lot Area 43,5E+0 sq. ft. 15,(100 sq. ft. 28,560 sq. ft. Lot width 140 ft. 75 ft. 65 ft. pLllWi! G CoWISSIOV %TtING - "larch ', 1977 work Session iteu. ;fter reviewing proposed addition, Planning Commission discovered that proposed addition would conflict with access easement zo lakeshore lot (Parcel 4400). Commission instructed Zoning Administrator to inform applicant that Doane setback would be rryuired from this easement to maintai►t access to this back Property. PUNNING Crvf1 ;c1(T: IrvTT':(-, - "irch '1, Planning Comrultion tahlcti nnnl is-t inn in order for `Fr. UJen to rr!zoINT the cn-crrnt i%que. STAFF - 'tnrch 22, 1,) "r. ndkleta called and innuired if the Plannine, r'nmt-%inn could nt least cnnai0er the deposed addition to the mar of the exi,tinr (twcllinr, nt their next meetinc,. The rear addition does not canrlict with Ole sethacl• renuirerwnt. STAFF - 'Iarch 23, 19" �fr. rddeTi has r^etuested another revision of his proposal. ile wan!s to add n detaehfd rara a (26 x 24t to tie Ineated in' from tho, side lot line (where the existing e:ese- ""t is locat"j) arwl in, fror th#- renr le', line. N variance would be r,ecessarv. 1111 •,-, 11 '•onre $)rl lt• / �L `.fret revicu ant• thl w�• ..rlt •��� irat ior., the ;*E-c r.inr rum. i�� ion tabled the ?-Itter �u!jr.t to tl r fel loo.ir►r: f1) rlarificatim of ea«•rrr.t 1naLi��•' r nnin,r.n Tn The I ity fmn nn At torncy. ' (�l Letter of no 00ection to art'+aJ neirl!'lorr.. ( =1 rercentarc of hlydc wer in :onr 2. PZAW= tlQ USSIM MUTING • April la, i'.)" W. Ocher rrrnen?ea revised proposal of expanding garage to 3-stall located 1)' froa. iU-k and 10' from rear. The third stall would be used to store the camper. The boar old be stored in the northeast corner of the lot. The driveway would be o4 Crus%ed" ruck rather *har, blacktop or cmcrete to eliminate the hardcover in zone 2. lie presented a legal opinion to cmfirm the easement status an the property. ftx document did not satisfy the Planning Cornaission. Also presented written statc-o" t 3f approval for the how: addition and garage fMm the neighbors r•loyL! Engle ani Gerald Ray. U^anission reconnrnded apptwal subject to providing proof to our City Attorney indicting there ere no easement problems. COLNC1L MUNG - April 2S, 1977 Approved subject to arplicant rmvidinq rrot-i to City Attorney of no ea%rmnt (proof of no conflict with proposed addition). !+nace ".alirrsr,n ca11-,'. in Oeclinc this mmrirrty, than at n clrtr title nr ralerent acrccc, nmrw•r'N•. 4. n'-t!lSk l0': " i l P%r, II! 1.11 ","(11 ?l, 1977 n•c 1 i, 4 a.,.r 5 a..i+rovvd :IS clh,ritt('d. +nwcd�l of F �� a •.� .:prate pars �1 nn t!,c condition that V: reed until laps for a septic nn `+uildinF 1.cT-^it i.._ p n 11"l^ aril replace-r_nt are approved by the City 1.nFin�er. 6^1+inition of Lots 1+ and with the Ir.uderstandinr, that this lot could be split at a future date provided the septic s>'stcn ret the approval of the City 1-.ngineer. Appropriate Park rlc,i icat ion ree. t►mlcrlying czscrrnt on road and c,ul plc c:rc and extension of mac'aZy beyond cul-dc-sac. utility casement on Willow and alcutr Private mod. ^rainage caccrrnt aryl drainarc plan as ,rl+pro�'vd by City 1'ngineer. �htion - A�•es (S), 'gays ;0). (`lcnher Pc,56 left during the discussion of this item and was not present for the rkaion.) Tire �oning A(>-rinistrator ^.ode the applicant a.:arc t'rat a title oiinion addressed to the city ,nuld lie ncccrcary for final approval. Applicant .:as not present. ,everal interested property c•,mers were in attenflance; Donald `'na-s, Howard Soot and Stanley Cirspinski. The Zoning A,Lninistrator explained that the applicant is ml►uesting al,pro%al to operate a l.ennel near the intersection of liiglrwav 12 and County Road 6. This facility would he used for the boarding of small dogs. Approval of this application would require retaiing due to the fact that this proposed operation is in a resi- dential zone. Although the Cortmission felt that this proposed deserved some consideration, they were not in favor of anv rezoning at this time. The Zoning Administrator stated that he had consulted with the City Attorney as instr►ctexl for his direction cMv..eming our ordinance on stock farm in relation to this application. ile advised that there is no way to approve this request on the basis of a club or stock farts as this is definitely a cormerc:al venture. rWlap moved klcilmald seconded, to deny this apl,lica- tion based on the recorrentiation of the City Attorney. motion - Ayes (S). 'gays (0). %l., ridden wrs present. Applicant is requesting approval for an addition to the east and north side of the existing The addition nlong the east end of the house would he 11 feet frm the lot line with the extcnde•d deck appmxi- n,t.ly 10, from the lot line. Rip, rlanning Comissinn was concerned about the ri,,ate ea —rent providing ncceA% to the lakeshore lot. ev fo-1t the proposed addition would conflict with this F , % �+rrrt . They suggested that the applicant contact the J'..%( : 2 1c11.1.1 \`+ p. 1,n-FRING (+ on i Hued) (P.'=3) "!. i:A•illI ELLIS 3740 w0:ATA B(>t UYARD M':D1TIMAL USE M.R11IT (0236) MUM OD" 34SO Omni 9t(`RE PRIVE LCT ARrA 6 W I 17i1 l VAR I A KI /pRO}'OSi D ADDITiQV IQ ggING IM (t237) ;,•"Is ter A Pl.kV,lX(, r,rt'ISSION `m.FTt`:� II! I �, '!1►ti7l 21, 1977 - rnra 3 r,c -Y,ors in order to resolve this casement issne. Mr. 1+ILLIAM n,)aN (klden stated that the r.nrle's were Vacationing at this (continued) tine and that he would rather wait tuttiI they returned (0.137) to discussed this matter with them. ILnlap moved, tassel seconded, to table this matter in other for the applicant to contact the neiFhhors. Motion - .Ayes (S), Nays (0). kathi 1.111s arrived and the Planning Corr'tission advised M. KA1111 I'1.1.IS of the action taken earlier. The applicant a�l.ed there 3740 h,11'ZATA Ml►LL1'ARD a proposal of this nature could be npproveil in Orono, c'trinITlfN4.l. IISIi PER11T The Planning Commission pointed out the co-rtercial (0236) area west of Long IA-e and also in the Xaxarre area. Mr. 11,awlcy was present. lie is requesting appm:nl of a JXT-S IL%1%11iY - BIG 1SI.A#D latilding permit for his property on rig Island. The (PRFVIOUSLY SiNN B.NRTW) coning Acbninistrator pointed out the location of this R1V11.1V 1974 APrtaA'AL AS property on the map. Mr. 11awley stated that the pro- BUILIII%, SITE posed location for this structure woule he the same as the previous proposal in 1974. The stntcture %mttld be a little hipger, however. The zoning :'Administrator stated that the applicant was aware or the fact that no public services are available for Rip island. After a brief di%cto-sion, Hannah roved, Passel seconded, to recocrnend approval on the hasis that the lots be combined and the septic system he approved by the City Engineer. Motion - Ayes (5), N'ays (0). The! Planning Commission took action on the following work session item: The Zoning Administrator informed the Commission that M.LAM GP..%.RT1QK1ttE DRIVE the applicant is requesting a lot area Variance for an 4496 1VCE - 91DLDT AREA PER addition to his existing dwelling. The proposed addition would meet all sethacl: requirements and would A DITTICN not exceed the heights of the existing structure. () Dmlap moved, (ktthrie seconded, to recornend approval of this lot area varUnre on the basis that no other land is available and proposed addition meets all set- back requirements. Also recommended that irj*rvioLs material not be itsed in the constnK:t ion of the ,leek. lbtion - Ayes (S), tiny% (0). Mr. flick freeborn And Clayton R,angs were present. tt.AR4F, ORTLVBLAD 1%" were infomed that this un% a wort. session only. IS6S glV1YWL1OD ROAD The Planning Ccw"ission was concerned about the 1VITANa - Lar UIDM ownership of the a►n,tting property and instructed (1238) the :.oning kbinistrator to investigate this matter. :'T ; !Il LD N'RIL 4, 1!iii �tr. (kldrn owls jr< .c•nt. Anng pliclnt is mqur�tivariuhce for Addition to the side of his hou,-e. There has been a conflict were I�cated. �tr. Odden now has Its to where tTk caseT,rr►ts ts to be -Orr Tle�tion conrerning the aMill seems n abstract. Punning C,,Irission rc!Tlcstcd location of the eascr+ent. this e opinian in applicant to sut+mit 1a1cL^t�ir�strator tat thatorder tthe lapplicant matter. The Zoning Pro snd access has added a garage since the last ed garage e would meet the would be on the %est side. Proposed a difficult up low side setback; hoMever, it would Ile difficult backing hat Mr. Odden in 1n the turn arn,ind. it was suggested eighDors to a set- a letter of )^p Lack variance. planning Carmission was concerned about the Thar. obilerhome Mr. Odden is now storing two cars. sail Coat, Tie prnF'osed garage and a cabin cruiser on his property. l would store some of this. After a brief discussion, Hassel moved + resek seconded, to table this matter conditioned on the following: (1) Clarification of easerent location through title opinion to the Cecian attorney' .� o setback nriance from (2) Letter of no obj adjacent neighbors. (3) Percertagr of hardcover in Zone 2. motion - Ayes (5) , Nays (()) • Clayton Hangs and Dick Freeborn were present. The Zoning Administrator stated that the applicant is requesting a required area. lot width the required width. ance. This lot exceeds ThZoning oning {administrator but lacks the required substandard lot which expressed concern, for the adjoining, substandard indicate that already contains a home• gangs stated there is one owner for the two lots. Mr- There that there are two owner. property is sc.cesed. was some discussion regarding the special assessment status. After same discussion, Pe+sek moved. Dunlap secoMed, to reconmend denial based on the following: (1) Both lots were under one coml"M owner in 1- 1977 January 1, 1975, and recorded as %uch in the tan records. •.,tin house is extremely sub- (2) Lot containing B ft.) standard (9.01 t rw imately 1/2 (3) Two lots ccr oru.,ist o. ape acre of dry rrcedence for similar pro- d) Mould be cent PC- aIs almg sh,relines and marshes. ►•o,tion - Avcs (`). ra(;F. 2 w 11.1, I AM ODDFN ;450 NpRTII 511rRE DRIVE I fi AREA 6 wigni VARIANCE PRf)i'tYSED ADDITI11N TO TUTUING (N N(T` �FnR�11NG Il2 (35) WARREN OR 'ENBLAD 1865 9iADYWOOD ROAD VARLANCE - WT WIIN (1238) s• ,r �- �rc,l •` _st .�., 1 is ►nt r.WS ail nf an•a'.!i'ion to hic 1v, a �. r a �:, i•r, r �'.+' •� s, s: I. nt XUI u' -flit'1 •1 a Ilri A'. s:1 ; stilIII iI VA:,• T. pr-- 111 c .—ting of cxs,.; 3inr Vic y.arare to a I'R(sitr:Fb NT►i'ilM Ty) ted 10' fr t!10 -W, and 10' fran t!se rear lnt 1' -c- lr,.a, 'tTLI !'4 IT; •:7:-1''►:; ,, •,� T'%e t` ird Ft -Ill t vsld he to store his cx-ner. 1'se Wr boat w^uld he -,tcred in the northra-st coiner of the Int. (1137) !!r- tkl,len rrr,�rnteti A written statenent of n;1pro%-al for the hence ad•lition and garage from the nei,rli",ors Fltwd rnrie uei CcrnId r.•tv. At the prrvia}s iocting t_tie Cc—ics;on i+s,li,ated their cnn- eetn a`Iatt the haTkI.-o •er. Mr. 0,1.7•n rtatc-d that t'.c dri ve- wav %Mold `v of crushed rock rather Lean hlacltop or con- c,(•te. -his ao,tld el i rinate the hardccver to :one 1. lie also prest,t^d a legal opinion to confirm the �•+cr nt status on the •►, erty. The P1.lnninq Cs.—ission :;,s not satisfied tith .'se dollulcnt. After a brief discussion. V;Lrsel moved, !?tnlap secoryled, to recorrend approval of the lot area and width variance for the pmposed additica subject to providing proof to our city attorney indicating there are no e.—c7tent proNlerrs. lt,tion - Ayes (S), Vays (0). Mr. Pihl was present. fie zoning I..bini-trstor stated CIi%RLFS HIS that the applicant is requesting approval to rirrapp the 2605 NORM WIRE i)RI%'E shoreline to prevent further crecion. This would tic a RiPRAP continuation rom th- neighbor's pro,crty line to the (0244) creek along the west side of his property. 1lunlap roved, Pecek seconded, to rero•-mnd approval on the condition that the rock used for this rip —nap be 12" or more in dianeter and subject to approval of the other agencies. i►btion - Ayes (S), \ays (0). The Zoning Att-iristrator reminded the Umnission of ti'.kLrEttC PJRT MGIF I.Ir.'' the discussinn •hick trek place daring the work session 6 1tk1%%7 Nk%rr A,SSM. at their la_ct reeting concerning the metal seawall vs. 1►AI t:5 PORT l.AMIN riprap. Mr. Hartmann, representing the Association, (0:45) presented the proposal for dredging and several options of shoreline protection. Several other nte*ers of the Association were also present. The Cc-rd5sion felt that the drruging and shoreline protection were two sepante issues. After a brief discussion, Pesek P ed, ltmlap seconded, to recommend •aproval of maintenance dredging to a reasonable depth to allow the pmperty ok-ners legal riparian right to have navigable access. The spoils mould need to be reeoVed from the lake area. Subject to approval of the other agencies. !k+tion - Ares (S), %'als (0). RF:C.U..AR MEETING OF rHE ORONO COUNCIL APRIL 25, 1977 Rage 20 Jahn 1lacking: We are asking not to give up that SUBDIVISION right to apply at a f%•!ure date. 500 North Arm Drive (Continued) Mayor Van Nest: These lots (dry and buildable) have riparian rights but a conservation easement should not allow for dredging at a later date. Mr. Hacking was asked if he would like a ten- minute recess to discuss this matter with his client. Mr. Hacking replied: Yes. The Council then refer.ed to Agenda Item All. Henri Muhich, Building i Zoning Administrator, ARIANCE reari into the record the following, concerning 3450 North Shore Orive the variance request of William Odden, 3450 North williar. Odden Shore Drive: Planning Commission Meeting - April 4, 1977 After reviewing the revised application, the Planning Conanissien tabled thn matter, subject to the following: 1. Clarification of easement location through title opinion to the City from an attorney. 2. Letter of no objection to setback variance from adjacent neighbors. 3. Percentage of hardcover in Zone 2. Planninj Commission Meeting - April 19, 1977 Mr. Odden presented revised proposal consisting of expanding garage to 3-stalls located 10• from side and 10' from rear. The third stall would be used to store the camper. The boat would be stored in the northeast corner of the lot. The driveway would be of crushed rock rather than blacktop or concrete to eliminate the hardcover in Zone 2. He presented a legal opinion to confirm the easement status on the property. The document did not satisfy the Planning Cosamisaion. Also presented written statement of approval for the house addition and garage from the neighbors,Floyd Engle and Gerald Ray. The Planning Commission recommended approval, subject to providing proof to our City Attorney (Continued) indicating there are no easement problems. REGULAR MEETING OF THE ORONO COUNCIL APRIL 25, 1977 Council Meeting - April 25, 1977 Butler moved, welsh seconded, to approve the variance re,,uest of William Odden, 3450 North Shore Drive, per the Planning Commission minutes of April 18, 1977, subject to attorney's review and approval of easements. Motion, Ayes (3) - Nays (0). Henry Muhich, Building 6 Zoning Administrator, read into the record the following request for riprap of Charles Pihl, 2605 North Shore Drive: Mr. Charles Pihl, 2605 North Shore Drive, requests to riprap shoreline to prevent further erosion. The applicant wants to continue the riprap from the neighbor's property line to the creek along the west side of his property. A copy of the plan has been sent to our engineer for review. Planning Commission Meeting - April 18, 1977 Recoa nd approval subject to City Engineer's approval. Staff - April 20, 1977 Mr. Greg Frank, City Engineer, recommended approval. Council Meeting - April 25, 1977 Butler moved, Welsh seconded, to a. -jve the riprap request of Charles Pihl, 76' irth Shore Drive, per the Planning Commission minutes of April V , 1977. Motion, Ay-% (3) - Nays (0). 8:45 P.M. At this time, City Administrator Dick Benson was notified by Police Sergeant James Franklin that they had received an anonymous call that a bomb would go off in 15 minutes in the Police Building or other buildings on the premises. Mayer Van Nest was notified and the Council Chamber@ were vacated. while waiting in the parking lot, it was decided and announced d be the public that the Council meeting unc resumed at 7:00 P.M. Wednesday, April 27, 1977. Page 21 VARIANCE 3450 North Shore Drive (Continued) RIPRAP 2605 North Shore Drive #244 Charles Pihl BOMB THREAT MU 6 4A4 VPAGTuC*r4- 3NgL-1,- rOP- VVA6N c>Iv U' 9"..- `fO eA*VUk-T 46' reif LAVE IAAp. C+�� �vA >Za'r NtiAI Ei?' pv ywr k, �/��rN- (A',�G1A OvCR— - . ,A�,Gen` ,�f � • �ti, rF. 2xG Sv�,�A ►- , . , , 2* RA "G GVER- 24t - �•C tln. Hr 4y'�o fF& t'f /ALA RAI'r* GCN gtW� tY n 4F,j- VWIIGa- Gw.'1.�, Fl u, "aw' . - • • PIW, -�r, ,T4 E: L eVNT n N (L= 11:31C.�_ 9V,-.1A'f I CN f�1 ,A91.,.4 L - - -�- - - N l--4'4-4 e[.FVAII V N Im t 13 To: Mayor Grabek City Council Members City Administrator Bernha:dson From: Michael P. Gaffron, Assistant Zoning Administratot,,,,;� Date: May 5, 1988 Subject: #1260 John Nyquist, 1432 Baldur Park Road - Variance - Resolution Zoning District: LR-lC, SinglA Family Lakeshore Residential Half Acre. Application: Side setback, street setback, and hardcover variances to allow construction of a detached qarage. List of Exhibits: A.) Planning Commission Minutes of 4/18/88 B.) Planning Commission Action Notice of 4/19/88 C.) Revised Existing Hardcover Calculations by Staff D.) Memo and Exhibits of 4/13/88 E.) Resolution Discussion Please review the memo and exhibits of 4/13/88. The applicant is requesting variances in order to remove his existing garage and construct a new detached garage. Planning Commission reviewed *his application at their April 18 meeting, and generally felt that the project as proposed was excessive in hardcover. Planning Commission then voted 5 to 0 to recommend approval of the requested variances subject to a substantial reduction in overall hardcover. The Planning Commission recommended as follows: A. 0-75' hardcover - remove Elastic that is not necessary to protect the foundation and crawl space. This translates to a reduction from the existing 1,512 s.f. (42.6%) to 1,320 s.f. (37.2%) resultant hardcover in the 0-75' zone. B. 75-250' hardcover - Olanninq Commission recommended that in this zone no hardcover increase should be allowed. Note that staff had done a preliminary estimate )f 75-250' hardcover at 1,(.70 s.f. or 40.9%. Upon arrlie.-int's -quest, the 75-250' hardcover was recalculated in detail and found to be approximately 1,893 s.f. or 46.3%. Staff would interpret the Planning Commission recommendation to mean that no increase over the existinq hardcover in the 75-250' zone would be allowed, whatever that existirin percent is, hence 1,893 s.f. would be the maximum allowed. C. Planning Commission recommended approval of the side variance of 5', and recommended arrrova) of a garage setba("K instead of the 30' normally required. setback of 20' Zoning File #1260 Page 2 The applicant has reviewed the Planning Co;nmiesion recommendation and feels that he can comply Yy removinq plastic landscape beds in the 0-75' zone, and can ic, fact, remove landscape beds and redefine his sidewalk and driveway areas to a maximum of 1,815 s.f. or 44.4% in the 75-250' zone. This will result in a net hardcover decrease on the property from 3,405 s.f. to 3,135 s.f. Staff Recommendation In light of Planning Commissions recommendation for a net decrease in hardcover on the property, the applicants current iroposal accomplishes that purpose. A resolution reflecting the Planning Commission -ecommendation and the applicants revised hardcover proposal is attached for Council review. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 13,10.22, SUBDIVISION 2, SECTION 10.03, SUBDIVISION 15(F), AND SECTION 10.25, SUBDIVISION 6(B) FILE #1260 WHEREAS, John Nyyuist (hereinafter "the applicant") is the owner of the property located at 1432 Baldur Park Road within the City of Orono (herein-ifter "City") and legally described as fc4lows: Lot 7, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 13 and 10.03, Subdivision 15(F) to allow construction of a detached garage to be located 5' from the side lotline and 20' from the street lotline where a side setback of 10' and a street setback of 30' are normally required, and for a variance to Section 10.22, Subdivision 2 to allov hardcover in excess of the 25% hardcover normally allowed in the 75-250' lakeshore setback zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41260. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 18, 1988 and recommended approval of the proposed variance based upon the following findings: A) The existing garage located 2' from the side lotline will be replaced with a nee•, larger garage located 5' from the lotline. The 5' side setback variance is justified by the need to maintain an adequate corridor to the right side of the garage for future well maintenance access, and will provide a more useful yard area than if the garage was centered on the property. Page 1 of 5 B) The existing garage is e,' from the street lotline. The proposed 20' street setback for the garage will allow narking of vehicles in the garage and in the driveway without encroaching into the traveled right-of-way. Baldur Park Road is a lightly traveled residential street, and site distance is adequate in both directions so that the proposed garage location will not create a hazard in the neighborhood. C) The applicant can reduce the percentage of hardcover on the property by removing certain landscared areas underlain by plastic, and by reducing the magnitude of the sidewalk and driveway apron. The Planning Commission finds that the proposed garage with storage above it is a reasonable request since the existin; house has no basement due to its elevation above the lake level, and in conjunction with hardcover removals the net amount of hardcover on the property can be reduced. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the rroposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this rroperty are reculiar to it and do not arrly generally to other rroperty in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor rose a fire hazard or other danger to neighboring rrorerty; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial 1.rorerty right of the applicant; and would be in keeling with the sririt and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based uron one or more of the findings noted above, the Orono City Council hereby grants a variance to Municiral Zoning Code Section 10.03, Subdivision 13 and Subdivision 15(F) to permit the construction of a detached garage to be located 5' from the side lotline arl 410' from the street lotline where a 10' side setback and 30' street setback are normally required, and grants a variance to Municiral Toning Code Section 10.22, Subdivision 2 to allow additional structural hard ever in the 75-250' setback zone where the rre-existing hardcover already exceeds the 25% hardcover normally allowed, subject to the following conditions: Page 2 of 5 0 1. Hardcover. A. 0-75' zone. The only hardcover allowed on the property in the 0-75' zone includes the following: House 860 s.f. Patio area `60 s.f. Walkway to lake 100 s.f. Total 1,320 s.f. or 37.2% The applicant shall remove the plastic -underlain landscape areas to the north and south sides of the house. B. 75-250' zone. Hardcover allowed Existing house Existing porch Existing porch New garage Revised driveway area Revised sidewalk from garage to house Total allowed is as follows: 273 s.f. 96 s.f. b4 s.f. 784 s.f 37n s.f 208 s . f . 1,815 s.f. or 44.4% The applicant is required to complete the hardcover removals and revisions prior to final inspection of the new garage structure. 2. Applicant is advised that no additional hardcover will be allowed on this property, and any future proposals to increase hardcover on the property might be arproved only in conjunction with concurrent removals of existing hardcover, resulting in no net increase in hardcover on tie property. 3. The property owner small not block the existing culvert_ leading from his property across Baldur Park Road, nor shall he cause the flow through such culvert to be impeded in any way. 4. Authorities granted with this resoluticio run with the property riot with the applicants, 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 (May 9, 1989). 5. 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 he punishable as a misdemeanor. Page 3 of 5 0 6. The undersigned arplic,�nt 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 r-roperty. Adorted by the Orono City Council on this 9th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 #1259 WILLIAM C. ODDEN 3450 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 7:50-7:52 William Odden was present for this matter. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover variance to construct a three stall detached garage. He note•3 that in 1977, the City Council approved the proposed garage and additions subject to the driveway being gravel, which at that time was not considered hardcover. A variance is required due to the extreme length of driveway hardcover in order to serve the proposed garage. There were no comments from the public regarding this matter and the public hearing was closed. it was moved by Cohen, seconded by Johnson, to recommend approval per staff recommendation including the condition that no additional future hardcover be approved for this property. Motion, Ayes 5, Nayc 0. i1260 JOHN NYQUIST 1432 BALDUR PARR ROAD VARIANCE PUBLIC HEARING 7:53-8:09 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request to tear down an existing detached garage and construct a new detached garage requiring variances as follows: Hardcover - 0-75' No change 75-250' Existing 40.9% Proposed 53.8% Side Setback - Required 10' Existing 2' (existing garage) Proposed 5' (proposed garage) Street Setback - Required 30' Existing 3.8' (existing garage) Proposed 20' (proposed garage) Gaffron noted that in 1982, the applicant, without approval, constructed the currently existing patio, with after -the -fact direction from staff as to how it would have to be reconstructed in order to remain. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 11260 NYQUIST CONTINUED John Nyquist was present for this matter and stated he has owned the property for 11 years including during the period in 1979 when variances were granted for other changes to the property. Chairman Kelley questioned what has occurred on the property since that time. Gaffron reviewed the changes made on the -property since that time, noting that the variance granted in 1979 ref' led a less rigorous method of hardcover calc, _ on in use at that time. Staff recommendation for this application, per memo, is that the plastic under the landscaping areas be removed, the sidewalk be cut down to a 2' width, and driveway cut down to 20' width resulting in a final 75-250' hardcover of 42.8%. In addition, staff does not see an obvious hardship to allow less than a 10' side setback for the garage. Mr. Nyquist stated he is agreeable to staff's recommendation except to maintain the 10' setback. He noted that many of the neighboring properties have a garage setback comparable to the proposed 5' setback. tie also noted that if a 10' setback is maintained he would have problems gaining access to the well on the property. He stated he is agreeable to removing the plastic around the house and is open to suggestions for its replacement in conjunction with solving the drainage problem into the house crawl space. Chairman Kelley felt the garage size and driveway could be cut down to reduce the hardcover an additional 2% so there would be no increase in 75-250' hardcover from ghat currently exists. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval of the side and street setback variances as proposed, subject to removal of plastic within 0-75' that is not necessary to protect foundation/crawl space, and 75-250' hardcove, it to exceed existing 40.9%. Motion, Ayes 5, Nays 0 ZONING FILE NO. 1260 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/19/88 ---------------------------------------------------------------------------- TO: John Nyquist COPIES TO: 1432 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 4/18/88 VOTE: 5 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. 0-75' hardcover - remove plastic that is not necessary to protect foundation/crawl space. 2. 75-250' hardcover - must not exceed existing 40.9% per staff calculations (1,670 s.f.). 3. 5' side setback variance, 10' street setback variance approved for garage location. 'applicant's next scheduled meeting is confirmel as: City Council May 9, 1988; meeting starts at 1:00 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. f %A RDcoVE�rE aA-14 , /&32 aa�c� Pa...� 2•a� 0 0 0 A Pj*k f e -t t "-XI V Q�t,IGiN�t wr��Cc"1Jt� CPT-1�-�� flab I p i I r (yo,9 yo) r /.S / Z '- I 1320 `� • I(.-20 ; � . (00 , q /%) 0 r�vrsc.-� 3 ��c r, ► �1� � � p�po_-eo F-� G r -7 1 _ t C� //A HARDCOVER CALCULATION WORKSHEET r` A(Dpt _�, Setba:'- Zcne: (circle cne) c-75' 75-250' 250-500' 500-1C00' Ex.stinq Hardcover in tone a. House x length width x ✓ - (i LI s.f. (b Li s.f. x s.f. x b. Garage ` x . c. Drivway , x L� - ( s.f. —. x s.f. d. Sidewalk 7 ��1 x 33 s.f. x s.€. x • s.f. e. Patio/ x l LN � Deck x • s.t. f. Landscape x . , 7 s.f. areas underlain x - s.f. by plastic sheeting x • s.f. x s.f. f. Other x s.f. x • s.f. x - s.f. TOTAL EXISTING HARDCOVER IN ZONE . ��l �; S s.f. (1) Existing Hardcover t . Total Existing Hardcover x IC0 Lot Area Within Zone 9�3 • r s.t. x 100 ► t L d0p -, 'S s.f. Additional Hardcover to be added in tone: Item _Length x width T ` X 0 t , Z7 ----- x TOTAL S.F. TO BE ADDED 1 ;;, (2) Existing Hardcover to be Removed, if any: Item --Le— nngth_ x Width - 'TOTAL s.f. T x TOTAL S.F. TO BE REMOVED ��L '. L'' ) Final Hardcover Proposals (Line (1) ♦ Line (2) -Line (3)) - c S°►3 — o , 01515"S.f. (4) Existing To be Added To be Removed Final Proposed Hardcover t - Linx 1C0 _ a (4) x 100 - 181�- s.f. ��� M"11 (11 NoW. r s.f. %� 1^.5 = 2�to 40 22 z-i Z X z- x rx - sr G z z Y.. 6., z s x z-7 _ 3vx�.tl= _, T L ZI- 1. 11 �X14� Ctb till To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 13, 1988 Subject: #t1260 John Nyquist, 1432 Baldur Park Road - Variance - Public Hearing Zoning District: LR-lC, Sewered Lakeshore, Half Acre Minimun. Application: Side setback, street setback, and nardcover variances to iAllow construction of a detached garage. List of Exhibits: A.) Application B.) Plat Maps C.) Property Owners List D.) Neighbor Acknowledgement forms E.) Survey F.) Site Plan G.) Garage Plans H.) Applicants Hardcover Calculations I.) Staff Hardcover Calculations ( Pertinent Pacts 1. Lot area/width, hardcover, lakeshore setback variances granted in 1979 for room additions. Those variances allowed 636.4 square feet hardcover in the 0-75' zone (17 0%) and 962 square feet in the 75-250' zone (25.4%), or a total of 1,598.4 square feet total on the property, where only 948.25 square feet would normally be allowed. Staff calcuations of todays existing and proposed hardcover are as follows: Existing Proposed 0-75' Zone: 1,512 s.f. (42.6%) No Change 75-250' Zone: 1,670 s.f. (40.9%) 2,199 s.f. (53.8%) Net Increase: 52Q s.f. Total Existing: 3,182 s.f. (41.7% of entire lot) Total Proposed: 3,711 s.f. (48.6% of entire lot) 2. Garage Side Setback: Required 10' Existing 2.0' Proposed 5' Garage to Street Setback: Required 30' Existing 3.8' Proposed 20' 3. Traffic on the street_ is minimal. There is adaquate site distance both directions for vehicles to safely back out. The 20' setback with recessed door area will allow for adaquate space to park quest carp• on the property. Zoninq File 01250 Page 2 Discussion This property is classic example of creeping hardcover syndrome. While there is no question that the lot is very small for a lakeshore lot (0.175 acres), the additions that have occurred over the years and which are currently proposed result in an overall hardcover on the property of nearly 50%, with morn than 50% of the 0-75' zone already in hardcover. Staff would note for the record, that the variances granted in 1979 reflected a less rigorous method of hardcover calculation in use at that time, hence the percentages of hardcover allowed in 1979 should not be compared directly with the existing and proposed percentages. However, there have been additions of structure and hard surface in the 0-75, zone that were certainly not anticipated by the Council in 1979, including a raised patio using tie -walls and a sand -base brick system, as well as landscape areas underlain by plastic sheeting. The brick sidewalk leading from the patio to the lakeshore also was never mentioned in any of the previous approvals. I would note that in 1982, the applicant., without approval, constructed the currently existing patio, with after -the -fact direction from staff as to how it would have to be reconstructed in order to remain. This occurred prior to the current policy under which staff has limited authority for dealing with hardcover, and prior to the more strictly detailed determinations as to what is and what isn't hardcover. Although as of this writing, Zoning Administrator, Jeanne Mabusth is not available to confirm whether the current patio area and sidewalk meets the standards she set forth in 1982, for purposes of this review, staff has considered that the patio, sidewalk and plastic underlain areas are definitely existinq hardcover. Regarding the variances currently requested, the applicant proposes to construct a twc ; ar garage with storage both to the side and above, with total f loor space less than 1000 square feet. This proposed garage will replace an existing garage located 2' from the side lot line and 3.8' from the street. The new garage is proposed to be located 5' from the e'de lot line with doors facing the street and being approximately `J' n the street lot line, leaving approximately 22' to 24' of parking depth a,ajacent to Baldur Park Road. Because the houses in this neiqhborhood do not have basements due to the low elevation, it is reasonable to ask for the garage, plus excess storage space. It is also reasonable to locate that garage facing the street so that parkinq area is made available while using the least amount of hardcover. Site distance and traffic f low on Baldur Park Road are such that we would not anticipate any problems caused by this proposed configuration. Zoning File #i260 Page 3 Regarding the side setback for the garage, staff does not see an obvious hardship to allow less than a 10' side setback, the only rationale for the request being that it leaves a larger area of lawn to the right side of the garage. Staff would question the need for the extensive woo(. pallet walkways proposed and suggests that a narrow walkway would suffice. Staff Recommendation Given the need for storage space and vehicle enclosure, the proposal to construct a two car garage with storage and a driveway apron would appear reasonable, however the extent of the driveway apron should be reduced to maximum width of 20' in order to conserve hardcover. The wood pallet walkwa} should be reduced to as narrow a sidewalk as is functional. All of the landscape areas underlain by plastic should have plastic removed and be reverted back to grass area. Planning Commission may wish to consider whether it is appropriate for applicant to keep the patio and lakeshore sidewalk as they exist, taking into consideration the intent of the City Council in 1979 and the intent and substance of what was approved by Jeanne in 1982. Presuming that the plastic areas are removed, the sidewalk is cut down to a minimal 2' width, and the driveway is cut down to a minimal 20' width, the resultant hardcover is 1,320 square feet or 37.2% in the 0-75' zone, and will be reduced by approximately 450 square feet in the 75-250' zone for a final 75-250' hardcover of 1,749 square feet or 42.8%. CITY OF ORONO - VARIANCE APPLICAT ,U,.. s Initial Application 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 � L-\ Z, *Z- `= Ci.� Property Identification Number (P.I.D.) Please check one - Property abstract or torrens? CI TY OF ORONO FINANCE Oft- 0 01 CEN 0.00 0 ��00000 01 CEN 50.00 CHECK T[ 2:00.00 IfECEIFT-THANK YOU #07,1J:0 C001 k01 T03r Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) LA Name () �\ v�. �y[,�.�) ` Phone (work) W�CA'(V LA ILk Address: �(-�� '�; t�-��.r C��(��� City: �UZ: v.�,'' Zips 3�( v�•;1� ---------------------------------------------------------------- ON = (if different than applicant) Phone (home) Name S kol Phone (work) Address: City: Zip: Date Property Acquired tCA-1tL (month/year) I (do) *oo npz) also own the adjacent parcels of land. ----- ------- --------------------------------------------------------------- PRESMT USE OF PROPERTY Present Zoning District L(i - \ (✓ Present Use of Property Residential Other (specify) ----------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ---------------------------------------------------------------------------- VARIAMCRS REQUIRED Lot Area Lot Width V Hardcover Setback Variances (_ Front Side )tear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: tom^ pr \�rs,:�.:.��. �Cc\ Q, .,�,�..,z_ ----------------------------------------------------------- ---------------�-" DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: �i � - `0--r --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form - Certified Property Owners List owners within 150' (you must obtain this list from Hennepir Cou Department of Finance A-603 Govt Center 348-3271). 3. Stamped, lagal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5: Topographic survey (existing and propo- -�d e levy ions) if -any chG.nges in existing grade are proposed. Plat Map (obtained with property owners list). As an addendum to this application, please att a separate list of any other persons you wish notified of this application. ,. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and tcorrect to the best of his/her knowledge. Applicant's Signature -ADate OWNERS SIGNATURE J The owner hereby ackowledges and aqrees to this, application and further authorizes reasonable entry onto the property by City staff, consultants, aaents. Commission members, and Council members for purposes of investiga- tion and verificnt�'bn o� th s request. Owner's Signature _ _^1 t-)\. � _ Date ------------------ - ------ ------------------ ---- -------------------- Applicant must have all submitt8 s into the City offices 25 days before *.,e Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unal,le to attend a scheduled meeting, please make arrangements to lave an authorized agent attend in your place and to advise the Luildinfl i Zoning Office of this change prior to the meetinq, ' • �\ ,,.• z3'` 12 `odic,, 0.0 t al - �\ 9 ' • 0.1 i r� W.t of LAO 2,d1076 Crr++ol 190T v o� 44 RUN DATE 03/11/88 BATCH 006 38 Or-117-,^.3 34 0013 * POOP ADDR 01424 BALDUN PARK RD Oi:rjER NAME GARY G YIHGEP TAXPAYER GARY G YINGER NAME/A009 14;4 BALOUR PARK ROAD • WAYZATA MN 5531,01 38 08-117-23 34 0025 P-,OP ADOR Uwl..J NAME EDWARD H SPINDLER TAXPAYER ESTATE OF EDWARD SPINDLER NAME ADDR C.'0 LARK,IN, HOFFMAN, DALY :�00 YFRXES AVE SUITE 1500 BLOOMINGTON MN 55431 39 08-117-23 34 0059 POOP ADDR 01428 BALDUR PARK RD C+:NER NAME G A H ROTH TA{PATER GUENTHER R ROTH NAME/ADDR 4603 ELLERDALE RD MINNETONKA MN 55343 38 08-117-23 43 0005 PROP ADDR 01440 BALDUR PARK PO CWNEP NA4E GOPUON W TAPO E TAXPAYER MR GORDON W TANYE NAME/ADDR 1'r 0 BALDUR PARK RD WAYZATA MN 55391 r 38 08-117-23 43 0008 PROP ADDR 03510 NORTH SHORE DR CWNER NAME D A J SIKKA TAXPAYER DALJIT A JASWINDER SIKKA NAME/ADDR 3510 NORTH SHRE OR WAYZATA MN 55391 38 08-117-23 43 0011 PROP AOOP 03540 NORTH SHORE OR C>w7ER NAME JAMES R PETTIPIECE ETAL TAXPAYER JAMES R PETTIPIECE *" NAME'ADOR 3540 NORTH SHORE DRIVE WAYZATA MN 55391 r HENNEPIN COUNTY PRCPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 34 0014 01420 BALDUR PARK. RD W R WITTMER A S K WITTMER WALTER R A SHARON K WITTMER 1420 BALOUR PARK RD !IAYZATA fU4 55391 38 08-117-23 34 0028 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWAPD SPINDLER C/O LAPKIN, HOFFMAN, DALY 7900 XERXES AVE 5 SUITE 1500 BLOOMINGTON MN 55431 38 08-117-23 43 0003 01448 BALOUR PARK RD COPAL H LAWRENCE CORAL H LAWPENCE 5120 LOTH AVE SO MPLS MN SS417 38 08-117-23 43 0006 01436 BALOUR PARK RD W A P NELSON WALLACE E NELSON 6221 WASHBURN AVE S MPLS MN 55423 38 08-117-23 43 0009 03520 NORTH SHORE DR DAVID A SINGER DAVID A SINGER 3520 NORTH SHORE DR WAYZATA MN 55391 TOTAL BATCH 006 00016 REPORT NO. P1435401 PAGE 38 08-117-23 34 0015 01416 BALDUR PARK RD J C ULKU J C UKLU 240 RUSSELL AVE SO MPLS MH 55405 38 08-117-23 34 0029 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C/O LARKING HOFFMAN, DALY 7400 XERXES AVE S SUITE 1500 BLOOMINGTON MN 55431 38 08-117-23 43 0004 01444 BALDUA PARK RD J E OE ROSIA ETAL J E OEROSIA 1444 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 43 0007 01432 BALDUR PARK RD J G i M R NYQUIST JOHN G A MAUREEN R NYQUIST 1432 BALOUR PARK RD WAYZATA MN 55391 38 08-117-23 43 0010 03530 NORTH SHORE OR AJ ACKERM04N ETAL A J ACKERMANN 3530 NORTH SHORE OR WAYZATA MN 55391 Adjacent Proper y Owners' Acknowledgement Form I (we i - of int n me IpTint address have reviewed the plans for the proposed improvement or proposed use of the property located at L also referred to as Land Use t_pplication No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Datof Property Owner bate If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building Zoning office at least 10 days prior to the scheduled meeting date. 7 Adjacent Property Owners' Acknowledgement Form I (we) �V' I IL`� t_ ��L�e,,�; of Llz 1 pr nt name(s) [print address have reviewed the plans for the proposed improvement or proposed use of the property located at �L\ j(a ,t ,, r P,- �1) also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of tre improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date �! Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit -our comments to the Building & Zoning Office at least 10 days prior to 6.1 scheduled meeting date. �C'kv , bill) OILM "Mv) � C) < VICROFIND #487 -:1% 60, T hereby certi"y t`,!.,t ttLIS is ff tm-i -and rorrert of a survo ' i or of not 7, PLor-',, 1, PAIaur Po4r-., nrj the 10eq- t1on of all ex1s'-'r.,- LAlz1r,-s It locr no, to s:-iow other !rprnv-7nnt� or ri Ocm I? I 1 4 Dh to : 1. -21-T) id;n(I Sijrvpv(irs and Plf,-n-rn 0 : T ,r.-r. r Lrrj, L.•sk,3, Hnnenct-s 0 Worn PAza _ J a J! w�,F.rwy �,oi INFOFMAT1or4 nl.•�l—�%�T� �,� TOTAL /V F C-A • 1631. S S.F . C1+►�csK 1S' Si.Te�cK) 3�13 . ZS 1#6 AS sF cww (.onk) A"AWAUS WS1194 HWSE • 1orb S.F• rftfbSC0 "PP4+E + 64a S.f 10TAL C 40ftf, =1I2'+ S_F Of IA#94 �EquES? Cif. Wv W&WA61i AREA 6y 11SIs S.F. x d TT 0 %0 Vhd ,OFT i I l wI"L' ` LaG r3*t� Lri r R�r dvCf r+INn ;,� LGG P .A J (AT6 3� ovG�rl`r►v I►eovE 0 9 � Ste. - ��•,s�-•fie.. ;�. \ � .� �C c�r�, GlY� �0 �N � �,fCfAbF► Z' 1. j• I IFS qq d*Y.,r,HS CYC i SSA I F ✓� �1'( 5o;?M ; 160 � I o 4 f,MT cLEVPTIM4 ►V �/ c D. HARDCOVER CALCULATION SUMMARY A. B. C. D. ----_-..-----------------------------------..___-_____--_-__-______------_-_-__ 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)xlOO Percentage ----------- ---------- ----------- -------------------------------- ----------------- 0-75' �- sf sf r(� l • sf t 0 t 75-250 of sf "��' k • ���' - sf • 25 t 250-500' �� of sf _ t sf • 30 • 500-1000, �'" 3i or • sf • 35 • HARDCOVER LIMITATIONS HARDCOVER INCLUDES: t - Structures with roofs - Decks, even if slatted -' pA - Sidewalks Jkop - Driveways (paved or gravel) - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls - Any other surface that does not allow direct absorption of rainfall into the ground i RDA D F. OTHER LAKESHORE REGULATIONS SEC. 10.22, RT,GULJ►TIONS FOR 'LR-IA', 'LR-IA-1', 'LR-le', 'LR-1C' AND 'LR-IC-I* ONE FAMILT LARNSBORE RESIhENTIAL DISTRICT. within any "LR-IA', LR-lA-10, 'LR-1B', 'LR-1C', or "LR-lC-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Laker,` -+re Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at 'east 75 feet and no building may 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 Cover Regulations. Within 75 feet of shoreline there sha11 be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 250 hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 300 hard cover. within 500 to 1,000 feet of the shoreline there shall be no greater than 350 hard cover. Su)>?_ i. Tree Removal Pegulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall he removed without fist obtaining a permit from the Council. eARDCOR Rin TIOES AM MORRSBEET A. HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can 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, oils, 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 Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED I. 0-75's in the area within 75' of the lakeshore, Na.'Utdcover is allowed II. 75-25001 in the portion of the lot located between 75' and 250' from the lake, 250 of that portion of the lot may be hardcovered. III. 250-SOO's in the portion of the lot located between 250'and 500'feet from the lake 300 of that portion of the lot may be hardcovered. IV. 500-1,000't in the portion of the lot located between 500' and 1,000' feet from the lake 350 of that portion of the lot may be hardcovered. NOTE: These regulations apply even if you have a lot that does not abut the lake but is within a lakeshore zoning district. C. HOW TO DETERNINR LOT 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)J measure parallel to shoreline (Avg width) Area of 0-75' zone I1. 75-250' Zone Area - (1751or avg lot depth in zone) x(Avg width of lot in 75-250' zone) `` measure parallel to shoreline J 175' x SC) ft. s.f. (2) (Avg width) Area of 75-2SO' zone III. 250-500' Zone Area - (250' or avg lot depth in zone) x�Avg width of lot in 250-500' zone) \ / measure parallel to shoreline I 250, x ft. s.f. (3) (Avg width) Area of 250-500' zone IV. 500-1,0_00' Zone Area - (500' or avg lot depth in zone) x/Avg width of lot in 500-1000, zone\ measure parallel to shoreline J 500' x ft. s.f. (4) (Avg width) Area of 500-1,000' zone HARDCOVER CALCULATION MORICSAEET Setback Imes (circle one) o-?s' 7 2S0' 2SO-S00' SOO-10001 existing w4cover in Zome a. Mouse 39 • i a. to I length width " x • s.f. x • 9.t. x s.t. !' �� x • s.t. b. Cerage l � : � • `..C:1.4 s.t. ��1 2 t / c. Driveway x • s.f. x got. d. Sidewalk jYs -� x *of. x s.t. x - s.f. e. Patio/ Deck x 1 `-�. s.t, x • got. t . Landscape x _L�.0''V._ • �� -% a. f arose Underlain : • s.t. by plaetie sheeting x *of. x • s.t. ' t. Otter X. . s.t. Existing Rardcover • • T;,tal Existing Hardcover x 100 Lot Area within Zone t7L1 7j s.t. x 100 • s.f. Additional Hardcover to be added in zones item Length x Width - TOTAL s.f. u.� w x —% ` it s . f . t...L wcr x got. x - y s.t. TOTAL S.F. To BE ADDED Existing Hardcover to be Removed, .if any: Item Lenvth x width - TOTAL s.f. x got. x - s.t. o LD s.t. TOTAL S.F. TO BE REMOVED (3 ) Final -over Pr�l: ' (Line (1) ♦ Line (2) -Line (3)) • ♦ ! �Z - �? l>� ) - '�'� �s.f. (4) Existing To be Added To be Removed Final Proposed Hardcover a . x • •.f. TOTAL RXIST2Mo ftmomm IH son • 01-0) a. t. (1) r O r' Line 4 100 (• L � a 1 l� s.f. to MtDacl Seaver (circle N 0-75' 7S-2S0• 2SO-500' 500-1000, s .x....� a. Hsuse x • kC •.f. length width x • s.f. x • a.2 x s.f. C. (hri..uey -7� : �� • t._ ; ..f. x s.f. x �1,; . 11:L% s.f. x 3 C) x s.f. t �� e. Partio/lK.� ? lv : 1Z . � s.t, Ds�ci S� LD x a f. t -dscap*6..1� x • �L 4 s.t. an. pis _ c: x t• plastic s..eetIas x • s. f . x • s.f. f. Other x • s.f. x s.f. x s.f. J' arAL EEIfTIMG HARDCOVER IM SOME • -'�y -1 s.t. (1) Existing Hardcover Total Existing Hardcover x 100 Lot Area Within Sons �,ScK1.5 a.f. Additional Hardcover to be added in sow: ItN L^emath x Width • TOTAL s.f. Z x s.f. �..� x s.f. x • s.f. TOTAL S.F. TO BE ADDED ) y 3 2 (2) Existing Hardcover to be ENoved, if any: item Wmath x Width • TOTAL s.f. s.f. x - s.f. TOTAL S.F. TO BE RENOVED i? l� (3) Final over Preis (Line (1) ♦ Line (2) -Line (3)2 • ( 1\CU -3 's.f. (4) Existing To be Added To be Remover, Final Proposed Hardcover • - Line 4 x 100 �'� a. f . : 100 t Line (1) wj s.f. LE�- A.., �*- r I O, I TL - LOT 1NFoFIAAItotJ TOTAL A FF � ^ • 1b 3'7. S S . F f A il f = $Ills S•F a� .2S 1+6 AS 5F Cw�+ cavk) A""'NAGLA �--- UJSIIW& HWiL l 10-716 IS. rlbrbs ep 4APm E * bob S - F -t I&TAL CDJ6F P*E = �, t♦ S F OMAN" �EQUVA— ( ,Ep►W., AaaWASLL AREA Sy IISIS S.F. rn F GyIY Yl Ilk YL IL r I �rrZ' Ifl6 L ti 41 i" N� L%XZ""%� w�•i.rw►y � Lei 1 N F O� /'A A T 10 � � • , ' TOTAL. P F &N • 37. T S+ �ilE' A(,1 ithiArlE 'S twt sulL.P.& sl.r. �•�r► r>�`'�os �°ram J C i z� 3113 rt .2rs&.LS sf �� • ,� CW�N tdvi�s) A"AW"LA rlb�bsCv 4�►FKE * 646 S • F ?oRij, CAj6Fp4f. _ 17 Z4 S.F d H YI►F1� ��Es1 N AREA 6Y i'1515 S. F, t. T• Ilk l kSNATb 006 SCr,`r. 1 O f 7—?ar- f J I I I ICITAL A;-C-iA S.F 06T 6ull.DA J;L - AFi�A LM44us 1S- %15; �K) sIg3 S•F 31iS IL . zs 944 .zs sf 1040 cov") AL"WASLE WS1I46 H&JSE I ojb 5. F. t ftft Co 6,z FKE w b46 S - F TAL CoMP06L = 1124 S.F *.E k.QUEST ft-SEPIA AL"WAGLE AREA 6,114 1 1 SIS S.F. I Lk A1 CITY OF URON;- ;•LLLJ ih UE T IMr INSPECTION NOTICE L & :.(.r4EGUIEU PERMIT NO - Cw.•I'Lt T(G A D D R E SS �_Lcl ,�' PA V.V. QA OVVNE R TELEPHONE NO. VYALL b- UE PLUtigblNrr, No Apt LmArrICAL 1/44T1 iI ►•vl,rr IjF1 ME 11 N St T, TUNN U% ,EW1 11 ♦400KUP totPTIC I NI TALL StP1Ir- MAI%T WELL 'E'.t , UMa CONTR. ir ,11't IN`PECTION E ACAV 'GNADINU FILLING L -0.. E S► UN L Vit T LANDS I IL.tN'JINC (., )'.4P L A IN T FGil.LOW UP SEPTIC FINAL COMMENTS ,.�� ��-,-.tea.[-- _ 1! x1 — ' � ~ - — .��.L! _ ►"�.� INQNI, y..T �F ALTQNV PNOCI r l PHOTO TAKLN LUNNt C T V%UNK b PNUCEt0 C(,;i$4LLT VsUNIK CA,L 1 UN I t l•oSPECTIC.N vtI UNt GUVL$a4N(o CONNt 4:1 L,NV AF t CONU:T itp., W'T NIN NOUNS Ip+ , f LTUN Wll l NE T UNN STOO I)NUt14 V' .,TEU CALL 1%aftCTON III;PICTtU%64L . .iirt J CAL 7U AvNANGL ACCESS call fur the next inspection 24 hours to advance. Owner/Contr on site Inspector _ _-- 473s735' 61".1% r,il i, 4m, ry, I F a• (sold L.r'Ar,s,1• INuIr4.0 CITY of ORONO V011I I)(fit • Ifur bb6CIyKSl B&y. MinnoecK& 5W1.)9Munrnpal (XfYes On the Nurth Shure u/ Lake Minnetonka a June 21, 1982 John Nyquist 1432 Baldur Park Road Wayzata, MN 55391 Dear Mr. Nyquist: On a routine inspection of a property at Baldur Park Road, staff noted the brick patio constructed in your lakeshore yard. This improvement is in complete violation of your variance application 1487 approved by Council on July 10, 1979. Please contact my office at your earliest convenien,2a to discuss this matter. Sincerely, Jeanne A. Mabusth Zoning Administrator BUILIAW, • [UNIhG 471 1;17 • AW/INISTAA I ; FPAA14CIL - 411-1If4 • ftKK Wes" - 411`lot A►if !Jlih(, CITY of ORONO 1'404 Uffice Itux bbeCryetal Nay, Mlnnesaw U6UjoUsamral ofFim On the North Shore o/ Lake .Nennetonka August 19, 1982 John Nyquist 1432 Baldur Park Road Wayzata, MN 55391 Dear Mr. Nyquist: I apologize for the delay in responding as promised at the site �nsp.:::tion on July 29, 1982. At that inspection wu discussed alternatives available to you that would correct the outstanding violations on your lakeshore property. we advised that the railroad tie portion of the structure could remain but that the brick portion of the patio must be removed and replaced with pervious, crushed rock over the existing sand bed. You may wish to intersperse larger, flat limestone rock within the crushed rock area. Please call my office if you have any questions concerning the above. SAnc+arely4�� eq. 19&044 Jeanne A. Mabusth rpo Zoning Administrator JAM/pa bl II UIN1, a /u%1%(, 47 ) 1 is 1 0 ADIAMISTRAINA a 1 WAyl1 471 7116 0 KALIC MK1Rl! - 47Y'1ISI Uffike Min (L•Crya- J Iii), hhnnr.ula 59JL1• \luniriyel Office Teleohone 473-7457 Mr. John Nyquist 1432 Baldur Park Road Wayzata, Minnesota 55391 NOTICE OF CITY COUNCIL ACTION Control No. XX_ Variance Conditional �. Subdivision, Subdivision, Date of Meeting: July 10, 1979 Votes: 3 For 0 Against Abstentian 487 Use Permit Prelim. Final Date of Notice _ 742-79 Action: — Approval: As submitted subject to applicable ordinance requirements X Approval: Subject to conditions noted _ Deferral: Pending receipt of information noted _ Reft ral: Review by others, as noted _ Denial: For reasons noted NOTES 6 SPECIAL CONDITIONS: Council approved hardcover y&rL&nM for construction addition per plans subject to the condition recommended by the Planning Commission that new steps from dinxgg area not encroach any closer than 43 feet from shoreline. Deadlines:X Variance approval expires one year after the meeting date. Contact building inspector for required permits. _ Conditional Use Approval gust be renewed annually. Expires on • • Must be renewed upon change in ownership or use. — Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat rc iirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specified by Council. If you desire certifies'_ copies of the official City Council Minutes. they are available from the Deputy City Clerk upon review and approval by the Council. s CITY OF ORONO USE LAND \ / PLANNING ZONING VARIANCE INVENTORY VARIANCES RVOUIRED DENSITY ►1`rl•,v f!vv LL —�-- tot AN *a �.L{ —�aZL— t � lot Width_� oo -- ---sO — - — EXHIBIT S b� raj r�'•vt L��• Zoning Use District /_Q_ v�.�n.,�------ -- Colic gt is —47A SETBACKS .3%a.y.. 0SW yl sLNG —_ l.oVslm lie■ Mar--.,— e1p. to e1e9. take.►..,. — 75 fn._. •eale.es 76 K. v ���g caisc acnlra .LedU-MED is iST I" r110IOSm 791AL HARDCOVER U17 am' "' "lMADCO" HAADCDV= HA MOV4 w„1 1�t110 Ws O - 71 Ft. f►fr 3 n r a _ 14.M 1"s 71 - 7te Ft. :!s--3-.�_Q.3. mom La►. tee _ s« It. lots _ R a ...2" Late* see - lees Ft. ll! 34•an OTHER SECTIONS,,,m M11�►wO M.jAt lass.) Nf►I� IIW..) _ 1AND eltrYlm. a/— 'I.. Mi vnrloaase a les /.reel. rat oppllast"m A hwttAet Ll Tlrr .e�•e.►.t tsts/Mte.ls 1 e 1 r •.e.wt a.esplee _� same .MUra�1p ,�.yefet. wrwef Moe Janwmr7r 1. It)! IJla.ershlr _ ✓ .Iasi. Separate e..ilase wit► eabw panels oat to this erplteethe 1paCMwlf Iwel.eoe. -Z lela.l.gtg —_ "atlases LISA goomw Igwl piMewl foul" Mite .leer elapse .a .goes �— usage stag. eeelYtttf •floatw arplt ages •.aaggelI" ft..re M..g.e1 /Ie1ws leetrtN. 1st a►.e/share. cafteletest As,.eleteaa with M10AMMbee eewl peset .Cheer war ..n lattwe �eltF _wa.rlay/state Mlssw 1/t'ttlerYr .1 t7r .ewe _ — .•.Il.sl. _Ag!:- es..w..asel tits •wt.e .wllMte eeaagftM Sortie .r.."a w.. p..pr.N —_ .■I.at..e e.wtstalas gs •tows .oMtgee.q saiNts>♦ tie.-eearegsys LAND U E .rJ).ss tot is ..feat •✓ Occupied LetlTtlK Nb+e ult 4vpe.od is e..1.rg use e1.{eset. �sswf.fsfrq egg gseettlewst w /.o.aawt .f Neag p Mflp.l .eresssry wailew STRU,-TUBES r.1bl so- Suit.�lw _ Y _ M —1 e.rplr wit^ "m Ny rsfteeseaee ..sM.teg ��f.. rear. re• _ _ _ . e..1. .. rtr b.►t...re of No lose• *we*" oft Fowl i f ... ... .• l.f.Y61- of_ ..ts_ar] Iesga ►.es tl.sa lee /MI .. .. ray tw11"I rats tlaM M styes Val r— _ v- .. i r - r►11 " . sew. .w •mulluy ewerstewbN ts were eea./ea —_ fall NSW cam prT A__ -- "P.1109ml I,;,rt'(9 i TO: Mayor Grabek and Ccunci l °ji ri+d VI t , c. Ukdwo City Administrator 3ernhardson FROM: Michael Gaffron, Asst. Planning & Zoning Administrator DATE: May 4, 1988 SUBJ: #1262 Curtis Hagfors, 1412 Baldur Park Road - Variance - Resolution Application - Replace foundation under existing house, and to construct major additions to house. A new detached garage is also included in the proposal. Zoning District - LR-1 Single Family Lakeshore Residr-ntial 112 Acre List of Exhibits A - mono and exhibits of 4/13/88 n - Planning Commission minutes of 4/18/8a C - planning Commission Action Notice dated 4/22/88 D - Proposed Resolution Discussion - Pleasn review the memo and exhibits of April 13, 1988. The applicant proposes to lift his existing house and move it temporarily into the 0-75' setback zone. He then plans to construct a new foundation that will be located so that the appropriate side setbacks and average lakeshore setback will be met. He then proposes to place the house back on the foundation and construct additicns. The proposal also will include removal of the existing garage and construction of a new detach,A garage to be located 17' from the street where a 30' setback is normally required. There is no hardcover in the 0-75' zone and none is proposed. Hardcover requested in the 75-2500 zone is a total of 2,572 s.f. or 35.3g. The Planning Commission -eviewed this application at their April 18th meeting and recommended 4 in favor 1 against to approve the variances requested, subject the following conditions: a. Lowest floor elevation must be 932.5' or higher. b. The existing house may be stored for up to 6 weeks in the 0- 75' lakeshore setback zone. c. The new foundation to be constructed must be located to meet the required 10' side setbacks, and be set back from the lake so that the deck will meet the average lakeshore setback. d. Approval of hardcover variance to allow 35.3% hardcover in the 75-250' zone. e. Approval of a garage street setback of 17'. f. Approval of lot area and lot width variances. Staff Recousendation - Staff recommends approval per the Planning commission recnmmenlation, per the attached resolution. TO: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael Gaffron, Asst. Planning & Zoning Administrator DATE: April 13, 1988 SUBJ: #1262 Curtis Hagfors, 1412 Baldur Park Road - Variance - Public Hearing Zoning District - LR-lC Single Family Lakeshore Residential 1/2 Acre Application - Major additions to existing house, requiring hardcover variance, proposed replacement of existing garage will also require a street setback variance. The existing house is 9.6' from the side lot line, and the addition will require a 0.4' side setback variance. List of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Appl_'cant's hardcover calculations as revised by staff F - Preliminary house plans Pertinent Facts - 1. The lot is 50' in width. Applicant proposes to widen his existing house to 30', so that with " 9.6' side setback variance to the left side, the right side will be 10.4' from the right side lot line, not requiring a variance on that side. 2. The existing house and proposed additions are in lire with the adjacent houses. No average lakeshore setback variance is required. 3. Applicant plans Lo extend his existing maim f loor level deck the entire width of the house at a depth 71. The adjacent houses do not appear to have decks. The propc deck extension technically extends about 2' into the average hose setback but will have no visual impact on the views enjoyed by vie neighboring property owner. 4. The existing garage is 6.7' from the side lot line and approximately 12' from the street lot line, with doors facing onto the street. This garage will be removed and replaced with a 24'x 22' garage. located 10' from the side lot line but still only 17' from the street lot line with doors facing the street, hence a 13' street setback variance is required. 5. There is no hardcover in the 0-75' setback zone. Hardcover in the 75-250' zone has been calculated by staff as 25.2% existing, 35.3% proposed. Staff's calculations differ substantially from the calculations by applicant's surveyor, apparently due to staff's consistent exclusion of roof overhangs as hardcover. Th;s is staff's as,umption given that the surveyor .iid not provide details showing how he arrived at his figures. Zoning File #1262 April 13, 1988 Page 2 With no hardcover in the 0-75' zone and 35.3% proposed in the 75-250' zone, this application is very consistent with recent hardcover approvals on the adjacent properties to either side. The following table lists contemporary variance approvals in the immediate area: Harcover A�w,:� =� . Lot Area 75-250' Area Allowed % Reid 11,600 7,850 3,119 39.7% (1400) (0-75'=5.3%) Werner 12,000 8,250 3,012 36.5% (1408) Hagfcrs 11,117 7,294 2,572 35.3% (1412) Ulku 10,100 6,352. 1,912 30.0% (1416) Wittmer 9,600 5,850 2,949 50.4% (1420) (0-75'=1.3%) Discussion - The applicant currently has a 1-story, fairly small house, witf no basement. He is proposing to keep the foundation and walls of the existing house and make additions to it, including a second story. The location of this house is such that, if he ultimately deterr^i-ied that the existing house was not salvagable, the proposed location . old still generally meet location requirements and we would at that point_ only ask that it be moved 0.4' to meet the side setback requirement. The applicant is also proposing a doubl .� gara(,e with doors facing Baldur Park Road, a distance of 17' from the right-of-way and about 20' from the actual driving surface. This loca*ion will allow hime to park a car in front of the garage without hanging out into the street. Given th-,t there is little traffic on this road, F.taff sees no problem with the variance to allow less than a 30' setback from the garage doors to the street, especially since that is the methoJ thpt will produce the least hardcover on the property. The garage is appropriately to be set back at least 10' from the side lot line. The house itself will not encroach cnto the average lakeshore setback, but the proposed main floor level deck does extend past the average setback line, although the adjacent houses Jo not appe-ir to have similar decks from which to measure. There would appear to be no encroachment on views enjoyed by the owner of the nroperty at 1416 Baldur Park Road as a result of the extension of th:s deck the entire width of the proposed house. MINUTES OF THE PLANNING COh...1SSIVN MEETING HELD APRIL 18, 1988 #1261 RAUSCHENDORPER CONTINUED It was moved by Chairman Kelley, seconded by Cohen, to table this application until June for additional information and further consideration. Motion, Ayes 5, Nays 0. Regarding the planter box and fence, Planning Commission conceptually approved the plan per staff recommendations, noting that the fence at a maximum height of 6' above the road crown would not need variances. #1262 CURTIS HAGPORS 1412 BALDUR PARR ROAD VARIANCE PUBLIC HEARING 8:34-8:40 The Affidavit of 'uhl.icat on and Certificate of Mailing were noted. Curtis Hagfors was present fo this matter. Gaffron explained the application involving major additions to the existing house and replacement of the existing garage with a new double garage. The intent is to lift the existing house and move it into the 0-75' area temporarily (1-2 weeks) in order to put in a new foundation, then construct house and deck additions to the house and also construct a new detached garage. Variances requested are as follows: 75-250' hardcover - Allowed = 25% or 2572 s.f. Existing = 25.2% Proposed = 35.3% or 7294 s.f. Per staff's memo, this hardcover var.Lance request is consistent with recent hardcover approval_ :.n the adjacent properties to either side. bide setback for house addition - Required - 10' Existing house = 9.6' Proposed addition extension - 9.6' Variance = 0.4' Garage street setback - Required = 30' Existing = 12' Proposed new garage = 17, Vari nce - .131 Chairman Kelley noted that the major issue was the hardcover variance. 'here were no comments from the public regarding this tatter and the public- hearinq was clnse1. 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 #1262 HAGFORS CONTINUED Planning Commission felt that if the plan was to lift the house and replace the foundation, that the house could be moved over and back to meet the 10' required side setback and back so that the proposed deck does not encroach the average lakeshore setback line. It was moved by Johnson, seconded by Hanson, to recommend approval subject to the following conditions: 1. Lowe;t floor elevation must be 932.5' or higher. 2. House may be stored for up to 6 weeks In the 0- 75' zone. 3. Replace house to meet required seti,acks. 4. Variances approved: a. Hardcover 75-250' - 35.3% allowed. b. Garage street setback of 17' allowed. c. Lot area width variances. Motion, Ayes 4, Nays 1. Cohen voted nay opposing the hardcover increase. #1263 JAMES RIVERS -WINDWARD MARINA 1444 SHORELINE DRIVE CONDITIONAL USE PERMIT/VAkIANCES/ COM WACIAL SITE PLAN REVIEW PUBLIC HEARING 8:46-9:26 The Affidavit of Publication and Cert-ficate of Mailing were no'-ed. James Rivers was present for this matter. Jacob- reviewed the proposal to build two new structures on the property. Reviewal of " -lances as Follows: Perking - The property is 7 parking spaces short of the required number, which has previously been approved including a conditional use permit for commercial overflow parking in a r('dential district. Ne change to what currently exists proposed. Of the 72 parking spaces provided, Plani.-r. :)mmission felt. that 6 spaces should be designated for retail use 12 months of the year, an: 56 spaces designated as seasona paces from May 1 - Fel.tember 30 of each year. This we sed on rc�quirmcnts cf the retail space of bui ld in%, Minimum Landscapinq pplicant is requestine a variance ~to the lakeshc,:e, side yard, and frort :Aildscaping se(_•_ion due to the parking : equirements, ze of the structure, the size of lot , and roadway rough middle of the property. 8 Zoninq File #1262 April 13, 1986 Page 3 Staff Recimmendation - riven that this propo. 3: s very similar in scope and character with oth r contemporary property rr,novations on Baldur Park, staff would recommend approval of the requested variances as follows: /"n1 Approve 9.6' side setback on left side of ho-ise where 10' is ormally required. b) Approve 17' garage street setback .ohere a 30' garage street setback is normally required. �j Approve an average lakeshore setback for construction of additional / mair, floor level deck the entire width of the house. d) Approve variance for hardcover ire the 75-250' zone of 2,572 s.f. or 35.3%. Approval would be conditioned upon: a) Floor level of all additions must be at elevati(:n 932.5' or greater. b) If applicant determines that the existing house and Foundation are not useable, the house Shall be placed so rt.at 10' side setback is met and shall be moved back far enough i the lot so that the deck will meet the average lakeshore setback between the two neighboring residences. 1RON0 - VARIANCE APPLICA I" -:al' Application Fee $150.00 - i50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) CITY OF OROW After -the -Fact Fees (Double application fee) FI 44CE CFFICE ------------------------------- ------ 0 01 CM ' 0.oe PROPBRTY LOCATION I J50,100000 # Site Address /yii3� />�'n -f'i� l'�' jk•"l/�i� 01 CEN 1.J, CHECK' TI 151. 3E Property Identification Number ( P.I.D.) e* & . 117 - _;�`� 3 �/ (Ue. kc.CEIPT-TN,:W YOU #0'1W C0;;1 1e01 T10:56 Please check one - Property —X— abstract or torrens? 0x,1'5"88 %ttach legal description to application if not included on required survey. -------------------------------------- ---------------------------------- APPLICANT Phone ( home) : //- u f l-j!' Name , T S /�/� c f l'h'S Phone (work) m e -- Address: /�f1/U /,X A!�. City: /',E' c it ! _ _ zip: S"� `�/ ------------- ------ ------------------------------------------------------ OM (if different than applicant) Phone 0—me) Name S /`-IL, ,J _ Phone (work) Address: _ City: Zip: Date Property Acquired L' / iy (month/year) I (do) �`&o nc't-), a, so own the adjacent parcele of land. --� -----------=--.-----•---------------------------------------------------- PRESXMT OSB OF FROPBR?T Presc. ,t Zoning District ,! L > . r ► c Present Use of Property h't; :- ��ch c� _ sidential Other (specify) DISCRIPTIQ0 OF RBQMT Tstimated Constriction Coot $�': c, Des^rive request in detail: AUD11_,zA- VARIANC=S RRQOIRiJ _ Lot Arsa _ � Lit width ~dcover setback Variances ( : s.ont �_ Sides Rear) Other _ - HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: 7 feCij111:1 ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: 0litl1[ti'1L- I(, )ijjdLj 3? ,tT irAknt•oLLi- /.'A,:i A,i --------------------------------------------------------------------------- REQUIRED 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 348-3271). 3. Stamped, legal sized envelopes (t10) prt tressed to each of the names on the above list with no return adL ­,,s (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date A.PPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or :-equested by the Zoning Administrator, agrees to pay all fees and/or u,iusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ` Applicant's Signature ., 1%'. 1 Date OMNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature I` �(�' A L Date Applicant must have all submittalg'into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the SuiIdinq a "oning Office of this change prior to the meeting RUN DATE 03/14/88 BATCH 003 38 08-117-23 31 0001 0 PRCP ACDR 01400 BALOUP PARK RD C:,NER NAME CHARLES B PEID 7A3PAYEP CHARLES B REID NAME/ADDR 1400 BALDUR PR RD ♦ W+YZATA MN 55391 38 09-117-23 34 0014 PFOP AC^..R 01420 BALDUR P,*=r fir, C:G'4P NAME W R WITTMER 1 S f. WITTMER TA•PAYER WALTER R j SHARON K WITTMER r NAME/ADDR 1420 BALDUR PARK RD WAYZATA MN 553?1 1 r' 38 08-117-23 34 0017 PPCP ADOR 01408 EALDUR PARK RD 0;:NER NAME JAMES P WERNER ET AL Tk,PAYER JAMES P WEPNER NAME/ADDR 1408 BALDUR PARK ROAD WA, ZATA M1 55391 38 03-117-23 34 0029 PFOP ADDR C:U.ER NAME PUBLIC ACCOUNTING SERVICES "-PAYER F5TATE OF EDWARD SPINDLER NAME!A:DR C/O LARKIN, HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500 CLOCMINGTON MN 55431 38 08-117-,3 34 0032 "POP ADOP C.I.ER NAME PUBLIC ACCOUNTING SERVICES TAXPAYER ESTATE OF EDWARD SPINDLER NAME/ADDR C/O LARKIN. HOFFMAN, DALY 7900 XERXES AVE S SUITE 1500 BLOOMINGTON MN 55431 PROP ADDR NAME TAXPAYER TOTAL BATCH 003 00015 NAME/ADDR HENNEPIN COUNTY PPOPEPTY INFORMATION SYSTEM PROPEPTY OWNEPS LIST 38 08-117-23 31 0002 01396 BALDUP PARK RD TERRIS M SADLER TERPIA M SADLER 1396 BALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0015 01416 BALDUR PARK RD J C ULKU J C UKLU Z40 RUSSELL AVE 50 MPLS MN 55405 38 08-117-23 34 0018 01404 BALDUP PARK RD CHARLES AFFIAS CHARLES AFFIAS 2634 JERSEY AVE S ST LOUIS PAVK MN 55426 38 08-117-23 34 0030 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C/O LARKIN, HOFFM,N, DALY 7900 XERXES AVE 5 SUITE 1500 SLOCMINGTON M14 55431 38 08-117-23 34 0033 HAROLD R KITCHEN HAROLD KITCHEN BOX 418 i'TSSWA MN 56468 REPORT NO. PI435401 PAGE 5 38 08-117-23 34 0013 01424 BALDUR PARK RD GARY G YINGER GARY G YINGER 1424 BALDUR PARK ROAD WAYZATA MN 5539L 38 08-117-23 34 0016 01412 BALOUP PARK RD MORSE AVENUE HOLDING COMPANY CURTIS C HAGFORS 1412 BALDUR PARK RD WAYZATA MH 55391 38 08-117-23 34 0028 f• S PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER f C/O LARKIN, HOFFMAN, DALY 7'7CO XERXES AVE 5 SUITE 1500 BLCOMINGTCN NY 55431 �T , 38 08-117-23 34 0031 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C'O ARKIN, HOF-,NAtJ, DALY e 7'•cc, XERXES AVE 5 SUITE 1500 ELCOMINGTON MN 55431 :8 08-117-23 34 0059 01428 BALDUR PARK RD G 1 H ROTH GUENTHER R ROTH� 4. i 4603 ELLERDALE RD V MINNETONKA M14 55341 � .'•,Y,� Adjacent Property owners' AcknowledgementaForp 7/mot IL: print name s [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at -/I]!)- gghldt-:Q RK A,) also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I((we am (are not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I �We) am rare) aware of the improvement plans and that the proposed neighbor's project or uce requires Council approval. 1 1 l L roperty Owner 9 y Owner Date n W, C fj �ci Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. NORTH ARM LAKE MINNE.TONKA LANE iS PROPOSED MOUSE V Nr --PRoposmo GARAGE O EO 40 6J SCALt. IN F[CT o� ,Htsusa Vy a.. / :�. 13 � " o��PffOPo3[O HOV S[ y O o 0 IZ ti Q " O . sTar Scenes O' = II 0 00 -- / Gans.[ fMM\o[ Lh / iinaV[l _ 0 370. / \ \� Rpm C \ \ at 11, Block . ::., iur ..rv.. r :•'371Y: 1 heret; ce t:f7 thvt this cl%t vas prep-•re-i by ie Ir •i.:er .;T direct ^•r_-:^:- n that : to a dully reai.tered :and -'urveyor under tale lsws � 'F.e _t.te f ::I'nnesgte. '-rues H. .:alley, . 9 Unn. '!a. %o. 5717. . rav tit square feet +rva' ti: in "5 :seL of laieshors �9:. ItvR -s zSC :set of Zak her: i,Zg4 .3v.: ; I re t'.et I F.xistln3 • roCosed use ca ti8 210 t ew 29 :R -:r• 445 E t 4a_ '1st•, _ .�^ , . , . v t ..M :e—r at is bet—n 15 Nest vml :5^ feast of ehcrvli..e. xittinq h.r? cover is f .n,! _rn:-ii nR:i 'aver :[ .. >f t!. ,:'�t s;unre feet :n thRt tre%. :n+-e.::-:: , sy*tan is bssel on on ,asunet vOroxitste north. • . _, . :nch Sroo apv •areer :',in.-. 0 San:,•..... inch iron pipe marker 3.t .ith inaert lnseribv! 0 20 40 60 SCAt_t 1N r tr-T Flat of Ruun•tety lorvey becnun 8-117-23 R H UCE R. KELLEY for City of Orono Vrotesaional Luyineer i Land SwrveyM Hennepin Cownty 2340 Fox str..et CURTIS C. HA(iFORS t Un.no, ►ttntn-sota 553t 4inne.nta l2t 373•63! '. :et '". Bloc:: - - - h-?--ry :ertir- that this plst .:Sa preoered by no or unier my direct -e- "IC •`.. am Cus- reeisterej :.►ad _:rvey-,r un.er the lbws of the .,tate of :%nnesota. Brace R. ::r::e2, FT G . ..:nn. 3e3. 571;- :2t.. -3t Ares 11.117 square feet -it rep :thin 72� feet of ire --ire 3.82• " .,t .-es '_. to .`.� feet of :"eshore 7,294 a.rj ewer (s;aare feet; L.:satins; Proposed i-o•ise '7P ;il. 1172 /(?vey'i :sett i'e� 210 Ctr�s�� :spa 2y0 ( Srs ram i.a .., Dies ra e Nrr-► A=eat ::eie S2 02 yr'v,.�� 2' ,.,,t.E -& ,ucecte 445,"1 624 2' x2ti' _ 28 r_ve i parking 642`­,b 340 210 P,te' DR'f' = J13Z e'i 'otr; hard cover 2.114 LIV� �.728 r-r` `_T• 33,,:2r of `-irl cover area is tet:e.r 75 feet—wif•- 230 feet of sh_re2lne. hard cover is if an' proposed hard saver is 37.:, of the 7.2?4 square feet in thst sre... "_. The tearing system. _s tssol on or. Assured sprox:-ste north. • denotes inch iris ; :pe :marker found. o .enotes inch :r•o❑ pipe nar,cer set with inre.. i.iaerioed Cr.;r�+cC..ce h �GIra1(,cv7 Ckt.CS tl**," EL /N goOF OAA#w'G tQWAS'7pFi mar:I-�/�:t.a�Lt' /� fig•CAtXS ., Plat of Boundary Survey Section 8-117-23 B R U C E R. K E L L E Y for City of Orono Professional Engineer & Land Survey Hennepin County 2340 Fox Street CURTIS C. HAGFORS Minnesota Orono. Minnesota 55356 473 r * y . � — '—— . 4b ' ! � | / [� ---'--- -- ' —'— `— — � .; tv | | — ' —'-------l---� !' | || |! ° R ' . JL Iva$ f17t L-1 y ! it `L A ! .. E F VA'f� -:14 - L!k.XAZ_ Ira ZONING FILE NO. 1262 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/22/88 ---------------------------------------------------------------------------- TO: Curtis Hagfors COPIES T7: 1412 Baldur Park Road Wayzata, MN 55391 TYPE OF AP&'LICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 4/18/86 `DOTE: 4 For 1 Against Planning Coamission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: A. Lowest floor elevation must be 932.5' or higher. B. House may be stored for up to 6 weeks in the 0-75' zone. C. Replace house to meet required setback. D. Variances approved: 1. Hardcover 75-250' - 35.3% allowed. 2. Garage street-etback of 17' allowed. 3. Lot area/width variances approved. Applicant's next scheduled meeting is confirmed as: City Council May 9, 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. A RESOLUTION GRANTING A VARI?.NCE TO MUNICIPAL 7NING CODE SECTION 10.25,-LBDIVISION 6(B), SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.03, SUBDIVISION 13 - FILE i1262 WHEREAS, Curtis Hagf ors (hereinafter "the applicant") is owner of the property located at 1412 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a varianc:. to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a single family residence on a lot of 0.26 acres in area where 0.50 acres in area are normally required and of width 50' where 100' in lot width are normally required, and for a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow hardcover in excess of the 25% hardcover normally allowed within the 75-250' setback zone, and to allow temporary storage of a principal structure in the 0-75' lakeshore setback zone where no temporary structures are normally allowed, and a variance to Section 10.03, Subdivision 13, to allow construction of a detached garage with doors facing the street to be located 17' from the street lot line where a street lot line setback of 30' is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 01262. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 18, 1988, and recommended approval of the proposed variances based upon the following findings: Page 1 of 5 a. Because the proposal is to remove the existing house from its foundation and store it on the property, the new foundation can be located so as to meet the required side setbacks and average lakeshore setbacks. b. There is no existing hardcover in the 0-75' lakeshore setback zone. The proposed 35.3% hardcover in the 75-250' zone is necessary and reasonable to accomplish applicants redevelopment of his property with a house, detached garage, and minimum driveway area. The proposed hardcover variance is consistent with similar variances granted for other properties in the neighborhood to accomplish similar property renovations. c:. Baldur Park Road is a lightly travelled residential street, hence construction of a detached garage located 17' from the travelled roadway will not cause a safety hazard in the neighborhood but will provide parking area between the garage and the street. The existing garage to be removed is only 12' from the street, hence th.: proposal createb a safer situation than now exists. d. Storage of the existing house in the 0-7,' setback zone for a limited period of time will have no detrimental effect on the environment nor on the neighborhood. e. There is no additional land available to make this • conforming lot. 4. The City Council has considered this application including the findings and recommendations of the Planning Commissi-n, reports by City staff, comments by the applicant and the effE t of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Cumprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council herehy grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a residence on a lot containing 0.26 acres in area and 50' in width where .P50 acre and 100' in width are normally required, and grants a variance to to Section l(+.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow temporary storage of the existing residence within the 0-75' setback zone where no temporary structures are normally allowed, and grants a variance to allow 35.3% hardcover in the 75-250' lakeshore setback zone where only 25's hardcover is normally allowed, .and qrants a variance to Section 10.03, Subdivision 13, to allow a garage -to - street setback of 17' where a 39' garage -to -street setback i3 normally required, suhject to the following conditions: 1. The lowest floor elevation of the reconstructed residence must be 932.5' of higher. 2. The existing hcusp to be relocated on the property may he stored for up to 6 weeks in the 0-75' lakeshore setback zone. The applicant shall take wh,-itever erosion control measures aro deemed necessary by the City during that period. 3. The new foundation and replacement of the house and the additions shall meet the required 10' side setbacks, and the house shall he ocated such that the the deck wi l l meet the averarjA lakAshor• setback requirements. 4. fardcover on Lne property shall be ao follows: a. 0-75' sethack zone - No hardcover approved. b. 75-250' lakeshore setback zone (area = 7,294 s.f.) House 1,320 s.f. Deck 210 s.f. Sidewalk 82 s.f. Garage 528 s.f. Driveway & 432 s.f. parking area Total 2,532 _ 8. / 7,294 s.f. = 35.3% Applicant is advise] that no future hardcover will be approved for this property, a,id any future proposals to increase hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net hardcover increase. Page 3 of 5 5. 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 (May 9, 1989). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors ant' ssigns, hereby agrees to the recording of this resolution in the .;hain of title of the property. May, 1988. Adopted by the Orono City Council on this 9th day of ATTEST: Dorothy M. Ha in, City C erk Property Owner(s) ,lames R. Gra ek, Mayor Paqe 4 of 5 42988.4 'r0: Mayor and City Council FROM: Mark Tlo�:rn trdson, City Administrator VATR: A,).i' )88 SOl3JRCT: r'1 mmission Interviews It•i�'I .3 Attachm^nt t, ling Commission Interview Memo Dated 4/15/88 ISSUE, - election of an individual to fill 'he vacant Planning Comm; �s�,-)n position. INTRODUCTION - At the Council's last meeting they reviewed five of the candi:iates who had indicated interest in the Planning Commission position and had table' the matter for the May 9, 1988 meeting. DISCUSSION - The Council based on the information and interviews is requested to appoint a candidate for the position based, in part, on the designations outlined in Attachment D of Attachment A. RECOMMENDATION - It is recommended that the Council at this ,eeting select an individual to fill the vacancy created by Paul .aylcr's resignation. PROPOSED MOTION - Moved by , seconded by , that the Council appoint as a new Planning Commissioner for the Orono Planning Commission. Ayes , Nays . 41588.2 , TO: Mayor and City Council \�\ FROM: Mark Bernhardson, City Administrate DATE: April 15, 1988. SUBJECT: Planning Commission Interviews Attachments: A. Letters of Intent �� • Sara Moos Robert L. Minkema . Stephen M. Johnston d). Dale A. Christensen ). Lester Kelley ►1j . Curtis Quady B. Proposed Questionaire C. Current Planning Commission Members D. Ordinance 2.51 (as amended by Ordinance 31, Second Series ISSUE - Issue 1. Conducting interviews of interested candidates for the vacancy on the Planning Commission. Issue 2. Selecting an individual to fill the vacancy created by the resignation of Paul Taylor. Issue 3. Review of designations to see if persons currently on the Planning Commission need to have designations changed in order to meet the guidelines setforth in Attachment D. INTRODUCTION - With the resignation of Paul Taylor, who has been a rural representative on the Planning Commission, the City staff was directed to advertise in the paper together with s?nding letters to those who last year had indicated an interesz� jr, the Planning Commission together with Park Commission members. Additionally as noted in Attachement D t`.e Council had adopted an ordinance for the appointment of Planning Commission that related not (-)nly to "Rural" (2), "At Large" (2) and "Urban" ("_) designations but also to "Lake" residence (1). Currently the only "Urhan" representative is Jeff Johnson. DISCUSSION - Issue 1. - Attachment B is appended to provide a format for the interview of each of the rand Hates who have indicated an interest. Issue 2. - selection - The iounc•i1, following interviews, will need to appcint an individual for Planning commission hasrd not only on thhe persons oral presentation but also the nrPds as they 1 relate to the guidelines for representation from the various sectors of Orono. Lake - Name Address Area shore Sara Moos 2160 Webber Hills Rd R No Robert L Minkema 3200 Bayside Road R No Stephen M. Johnston 900 North Shore Dr. West R No Dale A. Christensen 2750 Casco Point Road U No Lester Kelly 2135 Colin Drive R No Curtis Quady 1223 Brown Road South U No Issue 3. - Designation - Technically none of the existing Planning Commission members are lakeshore owners. To the extent that the inl i •? idua 1 desired is from an "Urban" area the Council may choose to re -designate one of the three "At Large" candidates all of whom are in the "Rural" area to achieve the guidelines for designation. Selection of a "Rural" designee would leave the Commission with its prezent composition of 3 ",t Large", 3 "Rural" and 1 "Urban". ALTERNATIVES - I_s_s_u_e_ 1. In_t_erview - 1. Conduct and conclude the interviews tc 2. Continue the interview for a later mee: Issue 2. Selection - A. Make a selection following completion of interviews B. Table selection until the May 9th meeting C. Table until another meeting D. Ask for further applica�ions Issue 3. Redesignation A. Designate current members as needed following selection tonight B. Table to determine if it will be required following selection at a subeequent meeting RECOMMENDATION - It is recommended that following the interviews that the Council table any selection until the May 9th meeting as an appointment at either this meeting or the next meeting will sti l l have an appointment in place by the Planning Commission's May 16th Planning Commission meeting. (The tentative meeting scheduled fur the 2nd will not need to take place.) That the Council defer any redesignation until such time as a selection is made. PROPOSED MOTION - Moved by` o, se;_onded by�j that the Council following the interviews table selection of a1 candidate until the May 9, 1988 Council meeting. Ayes � , Nay 2 Kirch 21, 1988 Dear Mr. Bernhardson, I am very interested in being considered for the position on the Orono Planning Ccm-d ssion created by the resigning of Paul Taylor. I think the next three to five years are critical for an organ- ized development of Orono. Orono has always had very high standards for growth and I think, an attitude of "grow slowly". I happen to agree. I would like to see Orono maintain a rural flavor, yet know that growth is inevitable. With the Highway 12/394 completion looming in the near future, the influx of people into the comminity is already being felt. I would like to see a very controlled growth to keep the standard of living and the quality of life high. I grew up in Deephaven, moved out to Salt Lake City to attend the University of Utah. After graduating with a B.S. in Recreational Therapy, I became the Director of Adolescent Recreational Therapy at LDS Hospital. My husband and I moved back to Minnesota in November 1981 and purchased our house ir, Webber Hills in August of 1982. At that time I was working, for Merrill Lynch Realty/Burnet in Wayzata. For the past few years I have been raising two children and working part time with Betty Jo Ogren at the Five Swans. I have also been a block worker for the American Heart Association for the past two years. I think the environment that we live in is going to play an ever increasing role in our lives. I know from personal and career experiences that the home/neighborhood environment is critical to a balanced . fe. I would like to work hard at keeping Orono a fabulous community to live and raise my children in. Orono has a reputation for an excellent quality of living and I would be honored to help maintain this by serving on the Ororx, PlanniR,v, Commission. Ihank you for your time, if there are any questions please call me. Sincerely, _V� j k tte� Sara Moos 611410 L.) e%&A-- ' 4-(1 L.t)AYZk+ Gu5 xj88 March 22, 1988 City Council P.O. Box 66 Crystal Bay, MN 55323 RE: Open Position on Planning Commission Dear Council: I would like to be considered for the open position on the planning commission. I am moving into the area on April 1, 1988, and would like to get involved in the local government as soon as possible. Having grown up in the area and attended Orono school's I feel that I kn)w what the vision the area. Personal Information Address 3200 Bayside Road Long Lake, MN 55356 Telephone 476-0508 (Home) 542-8846 (Office) Married with a child on the way. Employer Robert L. Minkema, CPA, Ltd. 7515 Wayzata Blvd., Suite 232 St. Louis Park, MN 55426 I have been involved in local government from the accounting and auditing aspect for the past eight years. I would be happy to answer any questions the council may have. Thank you. Sincerely, Robert L. Minkema March 29, 1988 The Honorable Mayor and City COUncil City of Orono c/o Ms. Jean Mabusth P.O. Box 66 Crystal Bay, MN 55323 Re: Planning Commission Vacancy Dear Ladies and Gentlemen: p �c��nd� F 1 wish to be considered for the current vacancy on Orono's Planning Commission. I feel that my education, knowledge, experience and enthusiasm will allow me to serve the needs of the community. Listed below are some of these attributes as well as a brief personal summary. My wife and 1 are new residents of Orono, having mu red here in February from Maple Grove. We looked at many homesites and cities before selecting our lot in Orono to raise our future family. Few cities had the combination of natural amenities and quality developments that we were looking for in a hometown. It is my hope that I can help to preserve and promote these qualities through service on the Orono Planning Commission. I am a 1978 graduate of Osseo High School and a 1984 graduate of the University of Minnesota's Institute of Technology. As part of my course work toward a Bachelor of Civil Engineering degree, I studied urban geography, land use planning and political science. I have successfully passed the Minnesota Professional Engineering Examination and am registered as a Professional Engineer in the State of Minnesota. This background, along with my technical education, will be of benefit to me if I am selected to serve on the Planning Commission. My current employer is Merila and Associates, a civil engineering, surveying and site -planning firm. Our clients include numerous residential, commercial, .l industrial developers, as well as the cities of Minnetonka, Brooklyn Park, and Maple Grove. Ah..ough I personally work on a variety of projects, my expertise is the design of residential developments. I routinely supervise these projects from site analysis through lot layout, grading, utilities, paving, government agency approvals and, ultimately, construction. I have designed developments in the cities of Plymouth, Maple Grove, Brooklyn Park, Champlin, Hugo, Centerville, Chaska, Eagan and Oakdale, all of which required presentations to City Councils and Planning Commissions. Prior to working for Merila and Associates, I was employed by the City of Maple Grove for five years. My duties in the engineering department included project design, site and grading plan reviews, traffic studies, staff reports to the City Council and Planning Commission, assessment roles, and Community Development Block Grant (CDBG) funding applications. The position required extensive coordination with other departments s:rch as Community Development, as well as direct contact with residents. I feel that my career experiences would be valuable to vour Planning Commission, and trust than my application will be given full consideration for the current vacancy. If any additional information would be helpful, please do not hesitate to contact me at 533-7595 (days) or 472-8(107 (evenings). I look forward to meeting and discussing my qua!if►cations with you. Sincerely, Ste¢hcn M. Johnston 900 North Shore Drive West Mound, MN 55364 Mark Bernharuson, City nU!„in. sty at of Box 66 Crystal Bay, Ml; 53323 Lora[ ;t . DeL i+ha: 050n : 3, 31, 88 I am submittirny a urief ir, re-6punce to the nut ice for an opening on the Crono Planning Co,-,jrOissiun. i am intecestea in serving -out have had no prior experience in such ratters. Sincerely, D� 14 . C :.alv A. Chc istensen 2750 Casco Pt. Pd. Wayzata, IIN 55 i9l f it( �Av�JI ** 3 190 Da i e A. Chc i r.;tenjNrr s:700 CPt. r?u. Wayzata, ;•;;v 55391 ;';183-1088 (612)-471-7971 Professional Background Pilot Production Manager and CA Manager for Guvernmer.t- Cuntract Research Projects iu-l•ie%.r is Systems, Inc. ,Ewen Pr -a r L,,e;uped a Cuality Assurance Plan for the company, introduced Standard Operating Procedures to the research group, Initiated a Calibration System, and initiated 1ny Sy!:�.r:.:5 fur uucuments, maLerials aria parts. uevised prutut,pe drs;yn5 of sr�a;; hand-hr;u e,izymeimmuno- assay diagnostic test devises and deveiuped semi-autowated machines for assembly purposes. Developed in-depth control procedures for mo;iitor;ng the processing of iu.;nobiIized enzymes and antiuuaies. i9^-2'1083 Variuub pos;tiuu5, inc;Zviny: Technical :;rector to ;1fW. onu Pcuuuctiun Develuprtten: Directuc Kaliest.ad Laeoratorie9,Inc.,Chaska,MN Nuiueu research developments into products (e.g.radioimmuno- Nssay kits). :rouble-5huoter o.i ptouuct;o. c�.D;r(i,3. 196q-;9-14 Technical positiuns 1n Celifu:;a anU 111in0t• Education 195-i D;p; urtia Pc uc:tur H.S. Pc uctur ,MN i058 B.A. ueyree Eng,i sh M4Jot, U. of Minn., Duluth 1965 M.S. degree Biochemistry, U. of Mint;., St. Psvi Special Interests I like to read un a variety of subjects. My two Doys and I do some fishing and c4rnpiny each mummer. 1y wife, boys, and ; i Ire to travei when ;tts possiUIe. 3trirr ii :trte�nl%% ;nciuUe Wo; f i ,�j, yoiny to the theatre, and yruk.vse ht,nt irg. p V oMr APR - April 6, 1988 Mr. Mark Bernhardson City Administrator City of Orono P.O. Box 66 Crystal Bay, Mn. 55323 Dear Mark: The vacancy on the Orono Planning Commission is of great interest to me. I would like to help maintain the pro- fessional work that the commission has accomplished in the city of Orono. I have lived in Orono for 70 years and have served on the Park Commission for 12 year,. Sincerely, Lester Kelley Dn, o v m a ( ig aL �� , c� cam. � c'� �.�.� 0 � o � � Lp�� �t-z�-�-,�- CDC': c �%�--t-��2-� 'I�!�.� 'cam' � j��2� 42088. 3 PLANNING COMMISSION INTERVIEMS POSITION QOESTIONAIRE 1. Summary of education and experience background: 2. What interested you about service on the Planning Coma':sion: O tiona1 3. N ve you had an opportunity to: a.) Attend a Planning Commission meeting b.) Review the Comprehensive Plan c.) Review the Zoning Code 4. Are you familiar with the meeting schedule and Planning Commission duties. 1988 DIRECTORY OF CITY OFFICIALS AND EMPLOYEES R�SCY PHONE NUMBERS NAME & TIT1,1:/TERN ADDRESS BUSINESS RESIDENCE ?Izinning Commission Charles Kelley (C:iairman) 2/20 White Oak Circle 3-31-89 Rural Long Lake, 11N 55356 Maureen Bellows (vice -Chair) 265 South Brown Road 3-31-89 At Large Long Lake, MN 55356 Paul 'Taylor 3-•31-89 Rural Jin: Hanson 3-31-91 At Large Edward M. Cohen 3-:1-91 At Large Jeffrey Johnson 3-31-90 Urban Edward C. Prown III 3-31-90 3075 Farview lane Long Lake, MN 55356 884 Dakota Avenue Long Lake, MN 55356 519 N. Ferndale Road Wayzata, MN 55391 3825 Cherry Avenue Mound, MN 55364 355 N. Stubbs Bait Road Long Lake, MN 5�.356 11487.2 TO. tlaycr an.] City Council FROM: Mark Bernhardson, City Adrinistratur DATE: January 14, 1967 ;Uls,lt. 'T: 1987 Appointments; Council - Planning Commission - Park Corrmissiun - t•liccellaneous t _ ME (ING r _3 9 '87 11 r ►!r ftNoNO Attachment: A. Letter:; to Various; Applicant- B. Lee Sc!»cht kcsume ISSUE - hakiiig appropri:,te appoints cnts for the above listed offs ces . niSCUSSI0I1 - At your last meeting Council interviewed candidates for the positions of Council, Planning Commission and Park Commission. In addition yuu directed that staff send a letter to those not able to attend, directing them to contact you if they ha,i a fi-ther interest. Copies of these letters are attached. COUNCIL - The talance of the vacancy created by the election of Jim Crabek as Mayor is to be filled by appointing to tine ' renaining term for Council, which expires at the end of 1966. Intereste,i rani :dates include: 4 Ed Callahan (U) J-ilic Barren (R) Charles Kelley (R) tiariann Kienzler (R) Gary Printup (U) ':arl Dorn (R) Edward C. Brown III (R) ^homas Casey (U) The individual appointed may be sworn in at yourCouncil ,teeting February 23, 1987. PLANNING CO"MISI-lON - Individuals who remain interested in the position :.cc a,s foTluws: Curtis Quady (U) James C. Berg (U) Lee E. Schacht (R) Jeffrey Johres,on (U) rdward M. Cohen (R) Gail Livings;con (� Jor)a Lynn (R) Clement F. Birch, Jr. (#A .tr%•nt1j tiic vacancies are two urbans for a three year term and l rw -t largc, for a one year term. 1 1 wil : also recall the. follc,wjiny peuple are serving in the following capacitie-: Charles Kelley (14) - Rural ,`aul Taylor (R) - Rural Jin 11an5un (R) - At Large Maureen nellows (R) - At La;ye By ordinance appointees rust be 2 urban, 2 rural and 3 at large for a total of 7 members. All continuing members on the Commission are from the rural area. The split is based on availability of sewer service. Should you desire to change, you could do so by ordinance amendment. (Since individuals who applied for all vacancies were asked if they would serve in other capacities, their devignation urban/rural is'noted in parenthesis.) PARK C011MISSI011 - I,s you will recall two vacancies exist, the indivicfuaTs interested are as follows: Lee Erger (Incur!int) (U) Ron Anderson ( Bruce Kokal (R Appointments for these positions will be for a three year term. Additionally 'terry Morse should be formally reappointed. ItISCELLANEOUS - 1s you will recall there were four other appointments that remain to be made tc complete the list for I9el. These are as follows: Acting Mayor Planning Commission Chair Planning Commission Vice Ch..:r Alternate Attorney - William `'oth, Dorsey i Whitney - Mr. Soth is the City Attorney for St. Anthony, Woodldn,1 and Deephaven and is familiar with lake issues. This is only utilized in the cage of a conflict of interest by the City's primary Lima Popham, Haik. The appointment for liuman Relatic,ne was also up and it's recommended that this be discontinuted at this time, given the fact that they have not meet Lit three years and there is no statutory requirement that they continue. FIXOFiMrNOATIONS - It is recommended that the appointments be "de 7 app— o ntnents for miscellaneous be incorpotated in tbn attached resolution. I ;. PROPOSCO "OTION - 'loved by , seconded by _, that the Council rakes the appointments as foFTovS: Council Planning —Commission , two year terms and for a one year tern Park umm ssion - Terry Morse, and together with adopting a resolution appointing various p itions for 1987. Ayes _, Nays _ 19 A 11)1)aaIr TO. Mayor and City Council DATE: Mark Bernhardson, City Adminlatraton"-1 DATE: December 29, 1986 SUBJECT: Planning and Park Commission Vaoanciea Attachment: A. Letters of Intent l „AN 121987 CITY OF GM ISSUE - Appointment of Individuals to fill vacancies on the Planning and Park Commissions. INTRODUI - The staff has placed in the four local newspapers together sanding letters regarding the vacancies to Park Commissioners and individuals on the Planning Commission who's appointment is up. Attachment A are the letters of the individuals who have indicated an Interest. They are as follows: Planning Commission ' Park Commission Curtis Guady Bruce Kokal James C. Berg, Ronald C. Anderson Lee E. Sci,acht Lee Erger Jeffrey Johnson Edward M. Cohen Call Livingston Joria Lynn Carol Moore Trapp Clement F. Birch, Jr. There are currently three vacancies on the Planning Coaalsslom and twu vacancies on uhu Park Commission with Lee Erger on the Park Commission being the only "incumbent" indicating an interest in re -appointment. Staff req_uested all those interested in Plannin Commaission to be available at 8:30 and those for Park Commission at " RTCOMMENDATION - It to staff'• recommendation that based OR rtvuumse and following interviews by the Council that appolAtaesta be modest the February 9. 1987 meeting. d PROPOSED NOTION - Mcved by seconded by _. that the Commoil i make appointments to both the Park and Planning Cc ulaalose fro0 the names listed above at its February 9, 1987 sooting. ►res �• Nays V M tom' • i_ � O ;{ Tp Mayor and City Council .FEj�;$$ f>w0ti Mark Bernhardson, City Administrator :1�11f�OFORONDc' DAM February 19, 1987 IatarIng Commission Appointments :4 •i; ,.i ,f�" 1?�.;7 3 ,' ISSUE - Appointment of one additional membM4 L ;Rla►ntrio t �i? �; our last meeting you appointed Rd Cohen'anQ'' * � �`" tP, IRTRODUCTION - At y r jiT rey j6Vnson as representatives to the planning CoaaissioA:`��+�s.r fulfilling of a third vacancy was tabled until the rebrusryr.'T3..'.•s!� ✓ , 1987 setting. ,h74V1. 4r DISCUSSION - The vacancy that exists carries the urban ea gnat on. Candidates who have applied includer t,..:" . ,;:;,if!• James Berg (U) Jorja Lynn (R) '�."'�• Clement Birch (U) Gail LivlrReton (R) N� Curt quady (U) Lee r".;nac)r • (R) ,•,!�r, Persons who had applied for Council who may be interested in th•• ` •`�' ,, Planning Commission appointment includes IM Gary Printup (U) Julie Barren (R) Thomas Casey (U) Earl Dorr (R) Ed trown III (R) Mariann iteintler (R) Currently on Park i. C cunm i s s i on Additionally Ron Anderson (U) had applied, but was not appointed, to the Park Commission. f 3287.12 ORDINANCE NUMBER 31, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE SECTION 2.50 ENTITLED BOARDS AND COMMISSIONS GENERALLY AND SECTION 2.51, ENTITLED PLANNING COMMISSION, SUBD. 1. The City Council of the City of Orono ordains: Section 2.50 and entitled Boards and Commissions Generally is amended to read: All Board and Commission appointments authorized by ordinance shall be made by the Council at the first regular meeting in January of each year unless another appointment date is established elsewhere in ordinance. The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed and qualified. All vacancies, shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed Board or Commission member shall be an employee of the City, but an ex off icio member may be so employed. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The officers shall be appointed by the Council annually. Any Board or Commission member may be removed by the Council for any reason and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. Boards and Commissions created by resolution shall terminate when the purpose for which they were created has been accomplished or upon the expiration of the terms stated in the resolution. Except as otherwise provided, this Section shall apply to all Boards and Commissions. Section 2.51 and entitled Planning Commission is amended to read: Subd. 1. A Planning Commission composed of seven members, who serve staggered 3 year terms is hereby established. The period of these terms is from 1 April to 31 March and shall be appointed by the 2nd business meeting in March. It is the policy of the Council to appoint persons to the Planning Commission as follows: Two of the members shall reside in and be appointed to represent the Rural Service Area of the City as defined in the Comprehensive Management Plan, two members residing in and appointed to represent the Urban Service Area, one appointed that resides on Lake Minnetonka lake shore property and two shall be appointed to represent the City At Large. The Council by majority vote may deviate from this policy to appoint persons without specific designation. The Zoning Administrator and one Council member shall be members of the Commission ex officio and without vote. This ordinance becomes effective from and after its passage and publication on March 30, 1987. Passed by the Council this 17th day of March, 1987. ATTc- lam s R. Gra e , Mayor E�T: li thy M. T 11 n, City Clerk Published in the Laker and Pioneer newspaper the week of March 30, 1987. 9 g 2.50 SEC. 2.50. BOARDS AND COMMISSIONS GENERALLY. All Board and Commission appointments authorized by ordinance or resolution shall be made by the Council at the first regular meeting in January of each year. The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be re-established and changed so as to give effect to this Section. New appointees shall assume office immediately. Provided, however, that all appointees to Boards and Commissions shall hold office until their successor is appointed ana quaiiriea. A11 vacar for an expired term, bL unexpired term. No appc an employee of the Cit employed. All appointed without remuneration, expenses incurred in tl expenses have been aut incurred. The officers Any Board or Commission any reason and his pos: Board and Commission sl established and approve( created by resolution sl they were created has bi the terms stated in the this Section shall apply cies snap de riliea in the same manner as t the appointment shall be only for the inted Board or Commission member shall be y, but an ex off icio member may be so Board and Commission members shall serve )ut may be reimbursed for out-of-pocket e performance of their duties when such iorized by the Council before they were ,hall be appointed by the Council annually. member may be removed by the Council for tion filled as any other vacancy. Each all hold its regular meetings at. a time by the Council. Boards and Commissions all terminate when the purpose fcr which er, 3�!complished or upon the expiration of resolution. Except as otherwise provided, to all Boards and Commissions. SEC. 2.51. PLANNING COMMISSION. Subd. 1. Establishment and Composition. A Planning Commission composed of seven members, who shall serve staggered three-year terms, is hereby established. Two of the members shall reside in and be appointed to represent the Rural Service Area of the City, as defined in the Comprehensive Community Management Plan, two members shall reside in and be appointed to represent the Urban. Service Area of the City, and three members shall be appointed to represent the City at -large. The Zoning Administrator and one Council member shall be members of the Commission ex officio and without vote. Subd. 2. Powers and Duties. The Planning Commission shall be the Planning Agency of the City and be an advisory body to the Council. The Commission shall have the power, under the direction of the Council, to carry on the duties set forth in Minnesota Statutes, and those duties provided by this Code and such other duties as prescribed by the Council from time to time. The Commission shall hold a regular meeting once each month and keep records of its proceedings. ORONO CC 17 (4-1-84) 42988.2 Y r till [ING TO: Mayor and City Council - I �� �� �� 198j3 F!^'W: Mark Bernhardson, City Administrat.W1 DATE: April 29, 1988 SUBJECT: Proposed Sale - Pheasant Road of City Property Attachment: A. City Property - Pheasant Road Memo Dated 4/15/88 B. Notice to Residents ISSUE - 1. Determine reaction from other property owners abutting the piece of properly proposed for sale. 2. Determination of direction to staff regarding sale of the property. INTRODUCTION - At the Council's April 25, 1988 meeting they directed staff to indicate to the property owner that they were interested in the sale at the proposed figure of $1,5A9 plus payment of legal and all other expenses related to the sale in exchange for appropriate easements for the City and a guarantee of easements to Mr. Huber and the Cookson property. DISCUSSION - As noted in Attachment B the other owners abutting the property have been notified of the discussion on the matter at this Council meeting. To date the staff has received no comments from these property owners regarding this proposed sale. ALTERNATIVES - Issue 1. Public Comments 1. Hear comments 2. Table to a future meeting Issue 2. Sale of Property 1. Direct staff to further pursue the sale. 2. Choose not to undertake a sale and further explore the easement route. 3. Choose to do nothing. 4. Table for further consideration. RECOMMENDATION - Absent any substantial presentation of concerns by _ members public at the public comments section regarding this matter, it is recommender] that the staff be directed to further explore the sale with the owner of abutting property Mr. Messer under the terms outlined by the Council to include the following: 1. Sale to Mr. Messer. 2. $1,50@ plus payment by Mr. Messer of al I legal and other expenses. 1 3. Appropriate maintenance and utility easements for the City across the property. 4. (;uarantee of easements to 2615 Shadywood and 2655 Pheasant Road. PROPOSED MOTION - Moved by , seconded by , that following comments from the public regarding this proposed sale that the Council direct staff to further develop the appropriate documents for the sale under the terms outlined above. Ayes Nays cc; Mr. Messer, 2673 Pheasant Road Mr. Huber, 2615 Shadywood Road Mr. Cookson, 2655 Pheasant Road Mr. Indritz, Reed & Pond, Ltd. 41588.4 / Y TO: Mayor and City Council lROM: Mark Bernhardson, City Administrato DATE: April 15, 1988 SUBJECT: City Property - Pheasant Road Sale and Easements Attachment: A. Map - Pheasant Road and Shadywood Road B. Easement Memo Dated 4/7/88 ISSUE - 1 . Determination as to what, if any, legal access the City desires to provide to the owner at 2765 Pheasant Road. 2. What, if any, legal access the City desires to provide to the two other properly owners abutting City owned property. 3. If the City choses to sell that piece of property the appropriate means to: a. Determine value b. Sell INTRODUCTION - At the Council's April 11, 1988 meeting the three properly owners abutting the City's parcel outlined on Attachment A had requested the City grant non-exclusive to all three of them over City property for access. As you will recall the initial request was on the part of Mr. Messer at 2765 Pheasant -oad in order to make his property marketable as his garage does not currently have a legal access on Pheasant Road. DISCUSSION - The goal of the property owners are as follows: 1. Mr. Messer providing legal access in order to make his property more marketable. 2. Easements by abutting property owners who a,;ire to legally strengthen their right of access Aty's property. The City's goal is to maintain maintenance access to easements for its utility lines and manhole at the west end of the property. ALTERNATIVES - Issue 1. Access - 2765 Pheasant Road_ 1. Not grant an easement 2. Grant a non-eyclusive e.isrment over City property 3. Sell the property to Mr. Messer in return for the ner'essary access and utility easements. 4. Tahle 1 Issue 2. Access to 2615 Shadywood and 2755 Pheasant Road_ 1. Not grant any easement Granting a non-exclusive easement 3. Sell a portion of the property to property owners 4. Direct to the private property owners to privately seek easements from Mr. Messer if all the property is sold to him. 5. Table Issue 3. If Sold - flow Marketed A. Determination of Price 1. Price as an equivalent square footage value for the abutting property owners. 2. Base price on a non -buildable parcel and subtract *he cost for an easement. 3. Determine value for a single use road. 4. Defer discussion to executive session as appropriate for land sale negotiation. B. Means of sale 1. Sell entire parcel to 2655 Pheasant Road 2. Split parcel among the owners 3. Do not sell C. Process 1. Notification to abutting property owners 2. Proceed without notification RECOMMENDATION - It is recommended that the City explore selling the property to Mr. Messer in exchange for the appropriate easements on the property and that the City only do so at a price it ;Ieterni nes appropriate p'_ us the purchaser bearing all legal costs for the transfer and that the abutting property owners obtain private easements from Mr. Messer. This should be contingent on notification of all property owners abutting the City property and having them respond with any objections by 10 May 1988. PROPOSED MOTION - Moved by , seconded by , that the Council directs staff to undertake appropriate negotiations for the sale of the property at a price the City determines appropriate plus purchaser paying all legal, survey and other expenses together with notifying the abutting property owners. Ayes , Nays Mr. Messer, 2673 Pheasant Road Mr. ffuher, , 2615 Shadywood Road Mr. Cookson, 2655 Pheasant Road Mr. Indrit2, Reed 6 Pond, Ltd. 2 i a}R 10, ♦ 1 i— � t-Y � d i►i�r-..._`` `� '� JI) 41.t ft�i. �sr .•' ` �N. ;+Q o w . ` � .. o t i'r : T oil . re n.r [ •gN • - �rIL It �.. w . I t v rt+ 4r.� inv ' �'s., �L +, S1N9/-7N .4v67 Ndi dd� ti 10, ---3111f _ - f )II --�IIMiQ�1 ` — i `'���, r� �' j� — � f ro'J•° � •k—� � ��2 rFft i%fie fof+.Of of IV 8 111'0� 3 3 So N, r �J i. To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: April 7, 1988 Subject: Driveway Access Easement - 2673 6 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 pi perty. Currently the Messers and their neighbor 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 botn at the same time, eliminating future review And expense. The Messers havE agreed to this and are therefore submit*-ing two easement documents for approval. We have also received a request from the reside it 2615 Shadywood Road for legal access to their property over the same -:ity property, as their rear yard is adjacent to the City property. The City currently has sanitary sewer pipes in the 40' strip, which sewer pipe serves all of the above properties. The residence at 2615 Shadywood Road has access 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 FIWN3 Mark F. Bernhardson, City Admin:istratorw Forwarded recommending approval subject to their payment of all city legal costs. The denial for access of 2615 is that they have legal access on Shadywood and would probably need to be treated as a through lot if double accesses. May 2, 1988 CITY of ORONO Post Office [k)x NiaCrystaI flay, Minnesota 553'l3•Municipal Offices On the '...:,: Shure of Lake Minnetonka This letter was sent to: Messer, 2673 Pheasant Road Huber, 2615 Shadywood Road Cookson, 2655 Pheasant Road The City of Orono currently owns a strip of land that measures 40' by approximately 300 '. This strip of land is adjacent to Mr. Dallas Messer, 2673 Pheasant Road. Mr. Messer is currently using part of this strir of land for vehicular access to his residence. Mr. Messer has offered to purcf,,se this land from the Citr. We are sending this letter to inform all property owners abutting this strip of land so that may cff2r comments regarding the sale of this land to Mr. Messer.. This iten will ue heard by the Orono C, ty 'ojnri :. on May 9, 1988. If you have any questions, you may call me o,- -'erk Bernhardson, City Administrator at 473-7357. Sincerely, John R. Oerhardeon P*'+rlic Works Director Jac/ lh NVIRAW GA SCOWNG - 47)-7]r7 • ADMINI&IRATION • FINAW1 471.7158 • PUILK' WORKS - 473.7359 AANNSIIN. �;1 ! r 6 i ±i'oku 420.1 TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardsor:, Public Works Director DATE: April 19, 1988 308J: Designate 2 Hour Parking - Navarre Parking Lot Attachment A: Draft Resolution Attachment B: Parking Lot Map Because of the reconstruction of County Road 15 beginning this month, there has been a request to designate certain areas in the Navarre parking lot as two hour parking. Currently there are no restrictions for parking other than "No parking 2 AM - 5 AM". Several years ago the City designated 25 spaces in the parking lot as Part: & Ride along the north side of the parking lot. Huwever, that area iF the most distant to the bus stop at Keaveny's drug store F..rking lot and Park & Ride customers are naturally parking as close as possible to the bus stop. I have reviewed the situation and agree that there should be controls to allow for convenient parking for customers of the businesses in Navarre. Cost should not exceed $150.00. I have drafted a resolution authorizing the posting of two hour parking along the west and south site of the parking lot. recommendation - To approve "Resolution i authorizing the Public Works Department to post 2 hour parking a l nng the south and west side of the Navarre parking lot. PROPOSED MOTION: Moved by _ , seconded by __, t- adopt Resolution 1 authorizing the Public Works Departme- ost 2 hour parking along the south and west si 9e of the i-.a varre parking lot. Ayes _, Nays TO: Mayor Grabek and Council FROM: Mark E. Bernhardson, City Administrate Forwarded recommending approval. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO POST 2 HOUR PARKING ALONG THE SOUTH AND WWT SIDE OF THE NAVARRE PARKING LOT WHEREAS, the City of Orono owns and maintains the Municipal parking lot in the Navarre area; and WHEREAS, the parking lot is for the convenience of the Navarre business area; and WHEREAS, the construction of County Road 15 will adversely affect the ability of the Navarre business customers entry to their places of business; and WHEREAS, there is a demonstrated need to provide adequate parking for their customers. NOW, THEREFORE, BE IT RESOLVED that the Orono Council does hereby authorize and direct the Orono Public Works Department to post 2 hour parking along the south and west side of the Navarre parking lot. Adopted by the City Council of the City of Orono at a regular Council meeting held on April 25, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 0 � V L Vil�SEJING TO: Mayor and City Council (w Y OF OiiONO FROM: Mark Bernhardson, City Administrator DATE: May 3, 1988 SOBJF.CT: Animal Control Regulations Attachment A. Orono Pelice Report #88-002367 B. City of Orono Ordinances 9.12 and 9.13 C. Ordinance #157 (repealed) D. Ordinance #239 (repealed) E. John Hollander ;,etter Dated 4/29/88 ISSUE 1. Review of the City's dog licensing ordinance and its applicability. 2. Review of the City's kennel licensing ordinance and its applicability. 3. Review of the City's farm animal regulation and its applicability. INTRODUCTION - On Thursday, April 28th C.S.O. Dennison was called to 200 Hollander Road by the resident regarding live trapping of a raccoon. When C.S.O. Denn i son ar r i ved the ow .er was not home, but in his search for the owner he noted several violations on the property and issued warning tags for the fact that the three dogs on the property are not currently licensed and that there was no kennel license in existence together with the fact that there was substantial feces that evidently had not been cleaned up for several days. He did remove the raccoon that had been trapped for release near the Orono schools. (Mr. Hollander claims hr, drownod it.) The owner has said that he had never licenses the dogs nor been required to have a kennel for the dogs and that there was a gentlemen's agreement with the City regarding this. The City is unaware of that and even if the City instituted its licensing arrangements for these substantially after the owner had his practice in existance since 1956 and did not require a license, it is staff's positic.1 a license is still required. While in the land use area the provision of grandfathering is subject to a conditional use pormit does have some presedence, as a legal non- conforming use, a licensing statute generally has immediate appl icahl i ty to al 1 persons who f.a l 1 under the catagory. Mr. Hol lander indicates Mr. Dick Henson, former City Administrator and F,mPrsnn. Dressel, former Orono Police Sgt. indicated he did not need them. 4r. Ifol lander a,iditional ly has a problem in being able to 1 determine when h: s dogs had their most recent rabies shots, as the veterinarian to whom he had last had them, is currently in a dispute with Mr. Hollander regarding unpaid fees on some other animals and will not release information. The concern by Mr. Hollander is that: if rabies shots are given in less than a year's period, there is some danger to the animals. The City has made attempts to get in contact with the veternarian, but to no avail at this point. At this point Mr. Hollander is alleging that his neighbors are also (. :i lty of the regulation under which he was given a tag. His claim was that the C.S.O. would not take action on that. Lt. Cheswick did investigate the matter as it relates to the other neighbors but found no basis for a violation. Mr. Hollander is also inquiring as to the City's permitting process reguarding farm animals under Subd 7 of Section 9.13. While this was adopted as part of the recodification in 1984, no system was ever developed. The vequirement does not make a distinction for animal keeping by urban or rural however the zoning code requires 1 acre per animal unit (1 horse, 1 cow/steer, 3 sheep, 50 fowl) plus 1 acre for the prinicipal structure (2 acres if horses are involved.) Such a process would not be a license such as a clog license of the animal but a permit to the resident regarding keeping of animals. (Prior to 1984 there was provision for a Villaqe Livestock Commission relating to permits for horses but no requirement for such permits. It was eliminated by the recodification.) ALTERNATIVES Issue 1. Dog Licensing a. Amend the ordinance to allow for grandfathering. b. Require a licensing of all dogs establishing a date by which the licensing has to be accomplished. C. Table d. Amend the ordinance requirement. e. Amend the ordinance as feces requirement removal. Issue 2. Kennel Licensing to delete the licensing it relates to the 24 hour (9.12 Subd 11/6) a. Amend the ordinance to allow for grandfather ing. h. Require a 1 icensing of all dogs establishing a date by which the licensing has to be accomplished. c. Table d. Amer.i the ordinance to delete the licensing requirement. Issue 3. Farm Arimal Regulation a. Amend the ordinance not to require permits. h. Direct staff to develop a permit system. c. Table for further discu:,.iion. ri. Amend ordinance to require permits only in the urhan sc-ct ion of the community prov ided al 1 zoning amenrimen s are met. 3 RECOMMENDATION Issue 1. It is recommended that the CcunciI req�1ire that all the dogs be licensed and that such be done by May 31, 1988. Issue 2. Kennel Licensing - Let Mr. Hollander apply for a residential kennel license and that such be completed no later than May 30, 1988. Issue 3. Farm Aninal Regulation - The City establish a permit system for farm animals. PROPOSED MOTION - Moved by _ , seconded by that the Council direct Mr. Hollander to apply for and receive a dog license no later than May 31, 1988 together with a residential kennel license and that staff be directed to develop a permit system for farm animals. Ayes , Nays cc: John Hollander 0HUNU NULILL UtNAH I MtN I MESS KFy CONTROL NUMBER IOC A) CONT AGENCY NCIC (DENT ICA ,I ATE']IME REPORT MADQ 'y �ti. SsF E C 1 / C7 / M N 0 2 7 �'`� / L N�PI OAIE REPORTED IRIP��O�jj""��jj� TIME RPO ITRPI LOCATION G ONBR ILGNI v'SM T W / Z,jS / / —' "�, J PLACE COMMITTED IPLCI n rr t . •� r1t'J � z i L NOR HAD SQUAD OR BADGE t ISBN) TIME ASIG ITAS) TIME ARA (TAR) TIME CLA (TCLI MAC) Codes D _ Phone 0 r 00 pcFI�:ER ASSIGNED ASSISTED A — Alum 8y ,. L NOR ISN UOC UC — In Person c SCJ-,t- L BR 1UQCM— Mad OFFENSE OP4NITIAL COMPLAINT q.T RR PPINCIP L COMPLAINT C]Of- FENDEA WvICTIM [j D O B BUSINESS ADDRESS BUSINESS PHO%E / HOME ADDRESS � I+Oq pr+C OTHER REPORTS INCLUDED f-�1 Impoun7 Prop Inventory ❑ Irnp;-ed ConM❑ Unt Acc,dent Report Teas D Influence Report O Photos O REPORTING PE RSONQOF FENCE R O V ICT IM 17 SEE CASE FILE Warn & Release Dept Assist BUSINESS A HOME ADDRESS BUSINESS PHONE HOMEPH7NE ROLL CALL Message Deliver I I Treated & Transported Advised _ — Citation Issued— — — Detail Completed G.OA - COPr TO CO ATTNY ATTNl u COt1Rt �1 C.f fc (}rHEF DISPOSITION Unfounded Clea,e-, !,� a,rtii Ref uNur agency Ineetl►e Other SUPERVISOR'S SIGNATURE IF F ICE A'S ` I • . — �� _- 111ol I(•(,. I)(Spa Tat 1l1( -1 ) ( FOLLOW -Up CASE FILE 88n02367 BADGE 565 OrFENSE Animal Probler DATE 4/28/88 PRINCIPLES) DATE TYPE? 4/=9/88 ?ohn Ho? 1 ander TYPED B1' On 4/28/88 upon my arrival to the office, I found a phone messaae awaitina_ from Mr. John Hollander of 200 Hollander Road, had called statina that he had a racoon in a live tram at his residence. I arrived at 1742 hours, found no one at the residence. I knocked and also yelled outside the residence but no one came to the door. I looked around the residence and was unable to locate the tram anvwhere. On the property, I did find a dog kennel that had three dogs inside. The doq kennel was made of chain link fence with a woolen house attached Also inside the kennel were several miles of defacation inside the cage, anpearinq as if it hadn't been cleaned for several days. Also th(- doa food was dumned uns i de down, lv i na on the cement floor in a mile, not in a dish. Knowina that this was in violation of city ordinance, I took several pictures of the area inside the cage, showing all three dogs and the mess which was inside. I then cleared the residence and came back to the office to do nanerwook . At 1853 hours, I received a radio call to Mr. Hollander's residence. He had returned and wanted the racoon nicked un. I arrived at 1858 hours, met with Mr. Hollander who showed me where the racoon war . I brought this trapped racoon back to rry car and advised Mr. Hollander I would take care of it. I then asked Mr. Hollander who owned the does that were on his property and he stated that they were his and that he also had one more inside for a total of four. He stated that he had owned the dogs for a couple of years now. I asked Mr. Hollander if he had current licenses for the doa- and he stated that ves, but did not know and was unsure of when he had purchased license for them last. I ask;.-d Mr. Hollander if the four doc licenses were the onlv thing that h^ purchased at this time and he stated ves , it was. I advised him that he was ir, violation because the doas were not registered at the time with havirq dog licenses in the don iicensina book. I also advised that he was ii, violation because he did rot have a doc, kennel license which is required i; you have more than two dogs on vour vronerty. I also asked him then when the last tine that he had cleared out the caae where the dogs were outside. He told me that it was two weeks ago, and thev had gotten new dishes at the same time the clean.ina was done. I had a corn of the ordinance with me and showe_j Mr. Hollander that it said that vcu are not to allow solid wastes of a doa to accumulate on the mremise f-r more than 24 Ours. by the amount of defecation that was built un in the fence, you could tell that it had been more than 24 hours as the Page 2 88002367 pictures will show. I issued Mr. Hollander a warring tau which nave him 7 days to obtain a kennel license and also for doo license from the city of Orono. I also issued Mr. Hollander a citation for allowing the solid waste to build up on his Droperty more than. 24 hours. Mr. Hollander then •,ave me a list of names of people who lived or Hollander road that he was sure of who were in violation of the same ordinance and wished that I act upon this immediately. I advised him that I had to take care of his racoon and had other things pending at the time and would not be able to respond immediately to this. He got very upset and questioned why I would not ao over right away and also stated to rye that if I did not, he would file a suit against the city for harrassment the following day. I told Mr. Hollander that he was free to do so, but that I still would not be able to get over to the residence of the other parties on Hollander Road to take action right away. I advised him that I would rake a report and followup on this as soon as possible. I then advised him that there was no ordinance governing the control of racoons and that I did not have to take the racoon off of his property. : told him I would, but I just wanted hir. to understand that I did not have to do this. He said it was un to me if I wanted to, or if I wanted to leave i t , he would c-J1 the DNR to pick it uD. I advised him that I would, but we are not going to make a habit of it and I was not ooin(, to keep coming back and forth, takinn the racoons which he is trannin,4. It should be noted that Mr. Hollander spoke to one of the other officers of this departrter.t about a black cat which he is missing and has beer rrissinq for the past 14 days. "fr. Hollander is setting two live traps on his pr' perty with cat food attempting to trap his cat that he has lost. The wild animals are going into th-se traps after the catfood are are being subsequently being trapped in them. I advised hi^i that the police department will not continue to let these racoons loose if this continues on a regular basis. CSO Denneson ORONO POLICE DEPARTMENT VIOLATION WARNING Date Time I . _ Officer -- Location �Ci - __ ��<•�(�!' _ —Comm m Cone -- DRIVER ADDRESS CITY -- -----._—__ STATE 21P D013 01IYNERlPAAENT • tit1A11D1AN w[7AESS CITY VEHICLE Ap - / , ., 7160.1 MM Make 1�1;10 VIN _ _.� ------ Color Yr. Mosel Lic Nc - - ----- _ — Yr State _ Trir Make - _ r 1we -- — V I N Cote Lk No _ _ _-- — ' _ Stale You have v0sted t►►a Is" of Minnow% tla folk ws ❑ Traffic EQu,pment ❑ Orver's License ❑ geg,stroion M.=.3. VIOLATION go 00 a b,. ago" ..111111mr- #+•.s' W eo"srw- -4h,- • ssr n. oor.�y,�,r M .yp�crp of a aw *"RWnPNWr ofce, "0 00 0-ftom^41••1 Mr M sN, �+ M •�rs~M oft M ft W ► wooer- 0 ft eon., t"p. 0 Raw �Rll�,Ri T Q(1 tK wll4, WSuT 06 CITATIA114 IKNw, IS* L K 4w 00 V, U11 OKM CfTA rscm wo 388- 0 5 2 0 q STATE Of MINA coUNTT Oi 9411asom JIATNWT Comm ­,. cOr.v.wned Iry 0"0,401i..A.1. M .. co ct.on "%&LO 4 OItIvER S LKENSE RLIMSEp L STATE I E - LAST FIAT MIDOIEJMANX04 bLY A hrr->' AOD1�E SS 1► C � n 00 o c? �� L L t IQ- STATE zwomin QATE of 1140704 f of 5 M(,OMT TK--' YO OAT TEAR ____F] z g a VEM1Ctf LICEMSE PLATE gt.vt T[Aq MAR • � � 1 1 cl� I.ON a CrTv Zo n LL Art Ak ' TAnm cm towIMANt;E 40 11011111 :ENDANGER P RTYE ❑ ACCIDENT [] FE - 000MT11ONS _ -Oft"LOK10i r w � � , 1 Wise to res`W'd to this atet,on MW rnON/lend TMI d + to, to do uo Denollwo w,i' tw ma"a"o And A warrant Wu! be .AAuw for my AVTeat if g Al>ainve r GYM e 01ene1•1 of SM will tae bddW IQ the tine COURT COP`/ • DO NOT WRITE ON REVMM S 9.11 limits for trapping, location, number of traps and approved .ntenance procedures of trap lines. Applications for limited permits shall be made to the Chief of Police and shall be accompanied by a written statement of proof of hardship and a certified property owners list of property owners within 500 feet of trapping area. Property owners shall be notified that such application is being considered by the City. The permit fee shall be as set by resolution of the Council. SEC. 9.12. DOG REGULATION AND LICENSING. Subd. 1. Definition. For the purpose of Lhis Section, ''owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless it is on a durable leash secured to an object which it cannot move and on the premises of the owner, or on a leash and under the control of an accompanying person of suitable age and discretion. Any dog, having bitten a person or other aniir.al, shall be forthwith impounded for the period of incubation. Subd. 3. License Required. It is unlawful for the owner of any cog, six months of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs confined to a City licensed commercial kennel need not be individually licensed. B. Dogs confined to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed thirty days provided the dog wears a tag or other identification from such licensing jurisdiction, and provided that a current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other juris- dictions are not exempt from the kennel i ,ensing requirements or from any other provision of this Sectio-. Subd. 4. Application. Application for a dog license shall be upon a form supplied by *'— e-ity and accompanied by a certificate of a veterinarian, :iut i to practice veterinary medicine within the State of Mir. which certificate shall state that the dog for which applic :r a license is made, has been innoculated ayainst rabies withi., mix months of t',e date of the application. No mere than two dog licenses shall he issued to (IRONO CC 206 (4-1-84) 1 § 9.12 an,, one person or for any one lot, property or address at any one time unless there shall first have been issued a curr at residential or commercial kennel license For said person, lot, property or address. SUud. 5. Fees. All licenses and impounding fees provided for in this Section shall be ijsued only upon payment in full of fees fixed and deteLmined in accordance wits, City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even -numbered years may be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing sucn license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of t,;e receipt showing the payment of the license fee for the current license period, and pay-ent of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee be-ause of leaving the City or death of the dog before the expiration of the license. Subd. 7. License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd -numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each even-num�)ered year. Dog owners shall apply for license renewal prior to the license expiration date. Subd. B. Notice of Impounding. Up. . the impounding of any dog, the ow►,er shall be notified, or if the owner is unknown, written notice shall be posted for five days at the City !Tall describing the dog and the place and time of tak::ng. Subd. 9. Release From Animal Pound. Dogs shall by released to their owners, as follows: A. If such dog is owned by a resident of the City, after purchase of a licen.-,e as aforesaid, any' payment of the impounding fees. B. If such dog is of the City, after immunization payment of the impounding fee for impounded. owned by a ps r-,un not a resident of any such dl_;g for rabies, and the period for which the dog was Subd. 10. Animal Pound. .ny dog found in the City without a tag, or animal running at 1•rge, shall be placed it the Animal Pound, and an accurate record of the time of such placement shall he kept on each animal. Every animal so placed in the Animal Pound shall be held for redemption by the owner for a period of oot ORONO CC.207 (4-1-84) S 9.12 less than five regular business daya. A "regular business day" is one during which the Pound is open fcr tusiness to the public for a t least four hoi,•. �; between 8:00 o'clock A.M. and 7:00 o'cl M. impoundment records shall be preserved f-)r a minimum of six GSA shall show (1) the descripticn of *he animal by Specie, h•?� sex, approximate ace, and other di.itinguishing traits; (2) tn,: location at which the animal was r-i7e0; (3) the date of seizure; (4) the name and address of the ;_,, ion f.; Dm whom any animal three months of age or over was receiv,,d; and, (5) the name and address of the person tcs whom any animal three months of age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Se.:.tion 35.71. Provide(l. however, that if a tag affixed to the animal, or a stateme►,t b­ the anima i s owner after seizure specifies that the animal shouid not b- used fr)c research, such _Aimal shall not be made available to a-., sur~i i.i3titution but may r destroyed after the eipiration of the five --day period. Subd. 11. Other Unlawful Acts. It is unlawful for the owner of any dog to (1) fail to have the license tag issued by the City firmly attached *o a coilar worn at Altimes by the licensed dog, or ;?) own or kcep a dog which is dange,ous (any such dog which has caused injurj to )ersons or property shall be deemed "danc,.erous"), or (3) interfere with any police officer, or other City employee, in the performance of his duty to enforce th+ Section, or (4) fail to keep his dog from barking, how':-- wh+r•ing, or from emitting loud or unusual noise, or (5) f prevent his dog frntr- dei �cating in or ipon r),ibiic property premises c.f anot ier, c: (5) ,,,-rm., - o. waite of a uo accumulate can his premises ` mare t1 un t«f .,ty-four hours. Subd. 12. Immobil zation of ogs. For the purpose of er,forcement of this Sec'-i )n peace off -.er, dog catcher or other pe-son ass- stt.ig a peace of; ring catcl,er mayu,;e a so-called tranquilizer gun or ot� rument for the purpose of immobi'iziag and catchi,-.q a Subd. 13. .4a-ning of Vici­ The owner of -3cg known to be of ,,-cious nabits shal in plain view of the entrance to his premises a sign no than 12 inches by 14 inches ich s:-all rei "Aew,re of Vi-. 5 Dog". SEC. 9.13. A - RPBPING, TF.An:yPORT TWG, TAKATMHNT, BOUSINC. Subd. A, in this 'ect;on, the followinn 1?fini A !=.ry -.on who ow,,..-,. harbor s, feeds, jrd-, keeps, o: po4sesG?s an a,—'L A an, a! o is the �. Ad ?f �_hP hou,ehoid o, tl-• residence, or the ovr"-.!r or manager in u,t )�iO c c.) 208 (4 -1-84 � I t g 9.13 charge of the establishment or premises at which an animal remain:, or to which it returns. B. "Farm Animals" - Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. C. "Animals" - Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, e-nestic cats, gerbils, hamsters and caged household birds. D. "Dangeru,-:. Animals" - Any wild mammal, reptile yr }owl vhich is not naturally tame or gentle but is of a wild nay -e or disposition and which, because of its size, vicious natULO or other characteristics would constitute a darger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characterictic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in accordance with the Zoning Chapter, or, (2) animals kept as part of a show licensed under the City Code, or, (3) animals used in a parade for which a permit has been issued, or, (4) animals kept it a laborat-.ry for scientific or experime, gal purposes, or, (51 animals kept in an animal hospital or cl'n;c for treatment by a licensed veterinarian. Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless the; are (1) confined within a vehicle, cage -then means of conveyance, or, (2) farm animals beinci ^ ;po, in a portion of the City z -1ned for rural purp( ( restrained by means oe bridles, halters, ropes or othe, of individual res• aint. .ubd. 4. Treatment. It is t.nlaw'ul for any person to treat an animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal in any structure ir-,:;ted by rodents, vermin, flies or insects. Subd. 6. TrespaZ-;es. 5t is unlawful for any person to herd, drive or ride any animal over and up— an., grass, turf, boulevard, City park, cemetery, garden or lot, without specific permi-sion therefor from the owner. Subd. 7. Permit Requir to keep a farm animal in any P, therefor frr_-m the City. it is unlawful for any person .)n of the City without a permit ORONO CC 209 (4 d4) § 9.13 Subd. B. Impoundment. Any animal found running at large shall be impounded in accordance with Subdivision 10 of Section 9.12. All fees or expenses incurred for capturing and impounding shall be paid before release of any animal. Svbd. 9. Special Permit Required. It is unlawfL'l for any person to keep or maintain any dangerous animal without a special permit therefor from the City. No such permit shall be issued fot a period exceeding one year and such permit shall specify the conditions under which such animal shall be kept. The Chief of Police shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found tnat: A. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute the danger to human life or property of others. B. Adequate safeguards are made to prevent unauthorized access to such animals by members of the public. C. The health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. D. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or d.st•_:rb the peace and quiet of the surrounding neighborhood. E. The keeping of such animal will not create or cause offensive odors or constitute a danger_ to public health. F. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. G. The applicant for such special permit proves his ability to respond in damages to and including the amount of $100,000.00 for bodily injury to or dec:th of any person or persons or for the damage to property owned by any other persons which may result in the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Chief of Police a certificate )f insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the City a surety bond, approved by the City Attorney, in the amount of $100,000.00 conditioned upon the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insuranc. r bond will be made unless ten days written notice is first giver co the City. Subd. 10. In-estigation Required. The Chief of Police in investigating any applicant for a special permit under this Section or any enforcement of this Section, is authorized to consult with and seek the advice of the S-ciety for the Prevention O^ONO CC 210 (4-1-84) § 9.13 of Cruelty to Animals, the Humane Society, any representative of the Animal Control Center of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals. Subd. 11. Permit Fee. Upon compliance with all provisions of this Section, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two dangerous animals at any single location. Subd. 12. Exception. The provisions of this Section shall not apply to the keeping of dangerous animals in the following cases: A. The keeping of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursuant to Minnesota Statutes, Section 97.6111. B. The keeping of such animals in a licensed veterinary hospital for treatment. C. Danyerous or poisonous reptiles may be maintained by a bona fide educational or medical institution foe the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satin actory to the Chief of Police. Subd. 13. Regulation of Horses. A. The term "horse" as used in this Section means any breed of horse, pony, mule or ass. B. It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. C. It is unlawful for any person to ride or drive a horse in any public park, beach, golf course or other public property, except withir, the right-of-way of public streets and highways, anu' in areas duly designated as a trailway or hitching area. D. The City Administrator shall designate and sign- prst those areas in public lands, parks and teaches where horses may be ridden and driven. drawn vehicle provisions of vehicle, except application. E. Every person riding a horse or driving a hors upon a public street shal 1 be subject to th the City Code applicable to the lriver of a motor those provisions which by i.heir nature can have n� ORONO CC 211 (4-1-84) S 9.13 F. It is unlawful for any person to interfere with any horse being ridden, driven or kept in a lawful manner. Subd. 14. Feeding of Waterfowl. It is unlawful for any person to feed or provide feed for any non -domestic ducks, geese or other waterfowl in a manner that results in the accumulation of a sufficient number of waterfowl so that the excrement of the waterfowl accumulates in such & way as to cause a danger to the health, safety and welfare of the public, or in such a way as to induce the waterfowl to alter their natural migratory pattern, or in such a way as to cause the waterfowl to congregate for extended periods of time on any neighboring or nearby property or water. SEC. 9.14. CUk__'EW. Subd. 1. Curfew Minors Under the Age of Fifteen. It is unlawful for any minor person under the age of fifteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the following day. Subd. 2. Curfew - Minors Between the Age of Fifteen and Eighteen. It is unlawful for any minor person over the age of fourteen years but under the age of eighteen years to be or loiter upon the ,treets or public places hetween the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the following day. Subd. 3. Curfew - Parent, and Guardians. It is unlawful for any parent, guardian, or other person havirg the leqal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit `;e presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Such curfew shall not apply to any students under the age of eighteen years who are lawfully attending, gi,ing to or returning from school, church or community sponsored athletic, musical or social activities or events. Source: City Code Effective Date: 4-1-84 (Sections 9.15 through 9.19, inclusive, reserved for future expansion.) ORONO CC �12 (4-1-84) OTcDnAwCL NO. A14 ORDINANCE TO AMEND THE MUNICIPAL CODE OF ORONO BY AMENDING SECTION 34.037 AND LIDDING A CHAPTER 110 RELATI:JG TO THE KEEPING AND MATNTAI14ING OF CERTAIN DOMESTIC ANIMALS WITHIN THE VILLAGE OF ORONO AND ESTABLISHING A LIVESTOCK COMMISSION. THE VILLAGE OF ORONO ORDAINS: Section 1. The Municipal Code of the Village of Orono it amended by adding Chapter 110 as follows: 110. ANIMAL REGULATION 110.10. Animals Defined. As used in this chapter, except in Section 110.100, animal shall mean any specie of cattle, horse, ass, mule, sheep, svinc, ,oct or any other �inimai wYjicil would normally not be housed in the residence of its owner or in a kennel. 110.20. Animals at Large. No person --,hall permit any animal of which he is the owner, caretaker or custodi-- to run at large within the Village. Any animal shall be deemed to be at large if said animal is: (a) Not picketed, confined in a corral or otherwise restricted by a properly constructed and maintained legal fence, (b) Off the premises owned or rented by the animal's owner and not accompanied by the owner or an a�;::nt or employee of the owner, (c) 11crded Upon any land over the protest and -again_t the will of the owner of said land. 11 11 0. 30. Impoundment . The Village may impound any animal found at large and sha:1 provide proper sus;tcnancc for any and all animals impounded. The police chief or his designated agent shall give notice to owner (if known to him) within 24 h(,.rs, Sundays excepted. If owner is unknown, written notice shall be posted in two conspicuous places in the Village and puD:_ished once in the official newspaper descri'.A ng the animal and stating that sai3 animal has been impounded. 110.35. T ik ing Impounded Animal a Misdemeanor. No legally impounded animal :hall be released except to a person displaying a receipt from the Village Clerk showing payment in full of tho apl:licable costs listed in Section 110.60. If any person, without authority of law, and without first paying the costs due, shall take any impounded animal out of the :nclosure in which he is impounded, with- out such receipt, he shall be guilty of a misdemeanor. 110.40. Disposition of animal. If any animal is impounded and not redeemed witl-iin six days after notice is posted or four da, following published notice, whichever is later, t]je Village Chief of police or his designated agent shalt give three days pasted notice of the time and place where LOe animal will b2 sold at public auction. 110.45. Proceeds of Sale. Procccds of rr.y nalc ^]tall be used to pay the total of costs and fires as 1_sted in Section 110.50. The balance of the funds received for the sale of the animal shall be retained by the Village Treasurer and if not claimer by the ov!ner within one year from the date of sale, the Money shall be paid into. the Village general run3. 110.50. Schedule of feces. The following schedule shall be used in cietermininr the total costs due on any animal determined to be at large within the Village: Fine for animal at lard!. 1st offense 2nd offense 3rd offense Care of Impounded Animal Trace and catch animal at large Trailer Char,le $ 5.00 $25.00 (if it occurs within one year of fir:;t offense) $50.00 (if it occurs within one year of first offense) $ 1.50/d,ly $10.00/hour $10.00 pitis .25 per mite for total dir,tanca .involved 110.60. Nuisance. No person shall keep any animal in a manner creating a public or private nuisance. 110.70. Conditions Not Allowed. No person keeping animals shall permit or allow any of the following conditions to exist: a. Land upon which the animals are kept is unsightly or is a harbor for rodents, flies, and insects. b. Winter accumulation of manure which is not removed from the premises or disposed of in an approved manner prior to May 15 of each year. c. Other accumulation of manure which is not removed so as to prevent an unreasonable amount of objectionable aroma. d. failure to make a reasonable effort to keep the animals under con'rot and within proper fencing. C. Animals have been treated cruelly or inhumanely. f. A public nuisance exists on that property. 110.80. Regulation of Horses. As used in this section "horse" --shall refer to any specie of horse, ass or mule and in addition to the general provisions of this chapter the following regulations shall apply specifically to horses: a. No person may ride or drive a horse after the hour of sunset and before the hour of �,unrisc along or crossing any public way without appropriat- lighting or reflecto- ad clothinu. person may ride or drive a horse in any lie park, beach, golf course or other lie property except within the rig"it.-of- of public streets and h ,ghway:., anti in as duly do oignated as a trail ay or chine area. C. The Village Park and Recreational Director shall designate and properly post those areas in public lands, parks and beaches where rIor3cs may be ridden and driven. d. Every_ persori riding a horse rr driving a horse drawn vehicle upon a public road- way shall be subject to those provisions of the Village Code applicable to the driver of a motor vehicle, except those provisions which by their nature have no application. e. No person shall interf^re with any horse being ridden, driver or kept in a lawful manner. 110.90. Livestock Commission. The Village Council hereby authorizes the establishment of a Livestock Commissicn to assist the Village Clerk in inspection of the premises of those seeking a horse permit, to receive complaints from those aggrieved by animal owners or k,2epers, to investigate complaints, to advise animal oVn,crs against whom complaints have been lodged and to advise the Village Council as to appropriate action. The Village Council shall appoint three persons to the Livcstock Commission, including, when pojisible, a repre- sentati•-2 of the largest local horse -oriented association or club, a veterinarian, and any other person the Village Council feels is qualified to serve. 2;ach member s0al:i serve a two year term vlithout compensation and shall be eligible for reappointment at the Lnd of that term. The Livestocl; Commission shall make recommendations to the Village Council on requests or ether matters re- duirinq Council action, v hich arise under this Chapter or other applicable Ordinances or Statutes. 110.100. Cruelty to Animals. Minnesot atutcs 346.21-346.26 relating to cruelty to animals .,2e hereby adopted and incorporated herein by reference ;nd made a part hereof. 110.110. Violations. Every person convicted of a violation of any of the provisions of this ordinance shall be guilty of a misdemeanor and punished by a fine of not more than $300.00 or by imprisonment for a period of not more than 90 days or both, but in either case the costs of prosecution may be adde•i. Section 2. The Municipal Code of the Village of Orono is amended by amending Section 34.737 as follows: 34.037. Animals. The keeping of domestic animals for non- comnercii_C purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of two acres of open pasture must be available for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Such minimum pasture acreage shall be exclusive of minimum, lot re- quirements and shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of Chapter 110. Section 3. This ordinance shall be published in the Mound-Wentonka Minnetonka Sun and shall be effective upon publication. Passed by the Orono Council �i , 1972 , by ayes and _e,_ nayj . Mayor Attest: ii-driinistrator this L I. day of a vote of Published in the Mound-h':�sto nka Minnetonka Sun on the day of , 197` ORDINANCE W. 239 AN ORDINANCE Al ENDIIJG C11A mkt 63 OF THE MUNICIPAI. CODE OF ORONO RELATING TO DOG AND KENNEL LICENSING THE CITY COUNCIL OF ORONO ORDAINS: Section 1. Chapter 63, Section 63.010 of the Municipal Code of the City of Orono is hereby amended by repealing the existing definition of the word "kennel" and by adding the following new definitions to read as follows: Kennel, Commercial. A place or premises where three or more dogs over six months of age are kept or housed at any one time for commercial purposes including sale, boarding, breeding, Grooming, training, or medical care. Kennel, Residential. An accessory residential use or place where three or more dogs over six months of age are kept or housed for the sole :,on -commercial use, benefit or enjoyment of the property owner or occupa,it . Kennel Structure. A dog house or enclosure of any kind including a fenced pen or dog run constructed, maintained or used for purposes of keeping, housing or restraining one or more dogs in a limited area. A fenced -in yard area amounting to 600 square feet or more per dog shall not be defined as a kennel structure. Section 2. Chapter 63, Section 63.020 of the Municipal Code of the City of Orono is hereby amended to read as follows: 63.020 Dog License Required. It shall be unlawful for any person to own, harbor or seep a dog over the age of six months unless a current City license for such dog has been obtained and the license tag is affixed and worn by .such dog at all times, except as follows: a) Dogs confined to a City -licensed commercial kennel need not be individually i --irsed. b) Dogs confined to a Cty-licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in said kennel. c) bogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed 30 days provided the dog wears a tag or other identification from suci. licensing jurisdiction, and provided that a current _.,y license is obtained if the temporary stay extends beyond 30 days or otherwise becomes permanent. Dogs licensed by other jurisdictions are not exempt from the kennel licensing requirements or from Any other provision of :his Charter. ORDINANCE NO. 239 Section 3. Chapter 63 of the Municipal Code of the City of Orono is hereby amended by amending Section 63.030 and by aiding Sections 63.031 anL1 63.032 to read as follows: 63.030 223 License Duration. Dog licenses shall be issued and be valid for the whole or unexpired portion of two-year Periods beginning on JanUL-' 1 of each odd -numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each even- o,umbered year. Dog owners shall apply for license renewal prior to ,no license expiration date. 63.031 Dock License Requirements. Not more than two dog licenses shall be issued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Dog licenses shall be issued by the City Clerk upon presentation of the following: a)Applicant's information including the dog ownar's name, a:l:lresa, mailing address and telephone number. b) Description of dog including breed, color, sex and name. c) ',leterinarian's si;ned certificate identifying the dog and attesting that the animal has been vaccinated for rabies within six -months of the date of license application. d) Payment of a dog license fee as setforth in Section 63.032. 63.032 Dog License Fees. Dog license fees shall be in the amount prescribed in the current City fee schedule. The basic license fey shah be for a license issued in odd -numbered years. Licenses issued in even- na,be red years shall be one-half ,.,f the basic fee amount. License fee3 shall not otherwise be prorated. Licenses and License fees are not L:.:�isferrable to other owners or other dogs, and doj license fees are not ref.,ndable. Section a. Chapter 63 of the Municipal Code of the City of Orono is hereby amended by ar,ndinq Section 63.180 and by adding Sections 63.181, 63.192, 63.!83, 63.184 and 63.185 to read as follows: 63.180 Kennel License Required. It shall be unlawful for any person to own, operate, use, maintain or allow to exist an* ennel on any property in the City without beinq licensed to so according to provisions of this section. a) It shall be unlawful for any personor persons to own, harbor keep or house three or more dorls over six ninths of aqe on any ,-)ne lot or property w. •ut a valid residen.�al or commercial kennel license b, It shall be unlawful for an, rsonr,r persons to operate any kennel for business or commercial purposes including sale, boarding, breeding, grooming, training or rre n.zal care without a valid -•,+me:cial kennel l?cens^. ORDINANCE NO. 239 c) It shall be unlawful for any person to constru::t, keep, maintain or use a kennel structure for one or more dogs without a valid residential or commercial kennel license, except that kennel structures used for not more• than two dogs over six months of age need not he licensed if said kennel structure is located in a side or rear ys&. iid is not less than thirty (30) feet away from an., )t-uperty line. 63.181 Kennel License Standards. All kennel licenses area permissive only, granting limited authority to the licensee accordinc? to the provisions of each license. Kennel licenses may be issued by the City• Clerk only after review and approval by the City Council. The City Council shall review each kennel license application for pertinent facts and circumstances inclining, but not limited to, location in the City, zoning, lot size, number of dogs, existing or proposed kennel facilities including location on the lot, kennel maintenance, sanitation, and any previous Cog cr kennel license violations by the applicant such, as keeping too many animals, nuisance complaints, excessive noise, running at -large or commercial activities occurring at a residential kenon-- Based i-pon their findings, the City Council may grant or deny any kennel licensQ application, or they may grant a license subject to reasonable standards or conditions. Kennel licerses may at any t;.me be revoked by the City Council for cause including violation of any license condition, provision of this chapter, or any other ordinanc^ or lay:. Prior to any revocation, notice shall be given to the licensee who s:iall be granted a herring before the Cour:xl to Shea cause why the license should not be revoked. 63.182 Residential Kennel License Standards and Requirements. R?sidential kennel Licenses are intendediRtended as a spe_Hal privile';e to be granted upon a showing that the keeping of more than the nor,nal two dogs, ar.i/or a kent•21 structure location will not be a public nuisance -- .,therwise adversell affect neighboring persons or proper:v. The r':ty Council shall have the authority to limit the maximum numL.-- .t dogs -,ept at any residential kennel based upon the kennel standards listed in sectign 63.181. No residential kennel license shall be granted unless the property contains a proper kennel s'--licture or is otherwise fenced to prevent the dogs from running at large. Nothing in this Chapter shall preclude the breeding of licensed dogs kept at a residential kennel. the sale of offspring, the occasional sale of licensed dogs, or tho private grooming, training or medical care of such do 3 on the premises. 3.183 Commercial Kennel License Standard- and Requirements. New cOmmercia kennelicenses sha be issue only or property that is properly zoned for busir.es,: purposes or for rural residential property of sufficient acr�age to -amply with Section 34.a22 of the Zoning Co-'e. Commercial Kennels shall not be allowed as a residential "home occ,apat<<-r" pursuant to Section 3=i.9.43 of the . �ninq Code. No commercial kennel l icensF• -hall be grant el unless the operty conta ;ns a kennel structure and other c:r,closecl buildings Sufficient 'o operate the business without nuxsar,:c or ot.her adve. •ffect on neighboring property( s. 61.184 Yenticl :.icenr:e rjuration. Kennel l . c rises shall Le issued can ,in +rnuaT basis e+c; :Ling cn March 1 of r.A(.-h year. ALEw1 nation foe annual renewal o: an exist 1nq kennel I tcense shall hr ,,, the Cit; :lvrP. at leas+_ )(I (Ia;.s ,or1or) r to the 1tcenF,_- o,x{ ORDINANCE NO. 239 63.185 Residential and Commercial Kennel Lici:nse Applications. ►residential and Commerci 1 Kennel License applications shall be made to the City Clerk on official forms provided foz that purpose, which applications shall include the following: a) Applicant's information including the property owner and/or kennel operator's name, address. mailing address and telephone number. b) Brief sta,:ement of tl.v purpose of the kcnael. c) For residential kennels; the maximum number of dogs over the age of six months to be kept at any one Li..ie during the kennel license aeration. d) Sicned agreement authorizing the City Inspector to inspect the premises prior to City Council review of the application, and at any other rc- nable times thereafter during the duration of t}: ,nnel license. e) Pay;,-,nt of the appropriate residential or cou6mercial kennel licenst fee in Lhe aroant prescribed in the current City fee schedule. Kennel )icense fies are not prorated and are not refundable. ;.esidential kernel license fees are t in lieu of require(' Jug license f e e 0 . Section S. This ordinance shall be published in tr►e Like Minnetonka 5,in an! shall be effective upon public,tion. Adopted by the City ^ouncil of the City of Orono on thA.P 22nd day of March , 1182, by a vote _ 3 ayes and 0 nays. r f ,G� u ► �. William S. Vmm Nest. MAyos Mary C. Butler, Acting May r TEST s AA .rom.. City er eublisht(i in the rake Minnetonka Sun on tie day of 1982 v k y�zf�ly st- i 0 t� /`l %ge sale nnepin C_wnty Pi - I their annual spring t the Museum Hwy. on Thursday and and 13 from 5:00 p m. and Saturday, 00 a.m. until noon. bag day at a cost of salable items and us - II be accepted. call 473.43I3 or Tammy 7 for details. The n for visitors each Sunday during the 2 until S p.m. Many informative displays dating back to the table for viewing tration .aid director so already have an in- ild bring it with them ration. For the con- :nrents and students, an instrument display .tom, and instruments 3 .n pur_ hosed there ist, there will be a fee and For additional in- Yttact Glen Johnson, Schuh, 473-54'12 : , woody and prairie oid-famed roses her reaumiably-pr►ced Is will be gg,rouped by !* picnic Jwr hers and easy wieLnon Being xes or .ontainer� Decks With A Difference Ltd. Got a patio door that goes nowhere? I can fix that! Order your new deck now! Pools - Patios - Multi -level deck Complete service Call Lauren Nofteig 472-1788 M"•,Is" -PI"W-Pop ! Long Lake Fix -It "Anything you can break, we can fix!" HOUSEHOLD APPLIANCES, ELECTRICAL, MECHANICAL, LAWN MOWERS, MINOR HOME MAINTENAN;,E, DECKS (REPAIR OF), BOAT REPAIR, WELDING, INSTALLATION OF TRAILER HITCHES Pick-up, delivery, and mobile service available Mo 473-4344 daY hru Friday i,., The fonnection'°922.9000 k i2345 Daniels St , Long Lake, MN - I "BIG BOWS TOYS ARE OUR SPECIALTY" Fittention Orono Dog owners'. Are you aware of Ordinance 9.12 Subdivision 11 which states it is unlawful for the owner of any dog 'o permit solid w,iste of a dog to accumulate on his premises for more than 24 hours? Orono Horse Ownyrs'. Are you aware of Orono Ord 9.13 Subdivision 1 B which states farm animals (definition cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees) and are you aware of Sub- division 7 which states a permit is required? It is unlawful for any person to keep a farm animal in any portion of the city without a permit therefor from the city If you do not agree with either of these ordinances, please contact JOHN HOLLANDER at 476-8504 or attend the Orono Council Meeting MAY 9, 1988. �:,4lF11iSi�Y.A1 IUP,I{ill CprY OF i0ty, �_AMk •;.,.• .,�-. a f f� TO: Mayor and City Council FROM: Mark Bernhardson, City DATE: flay 3, 1988 Administrato *�� SUBJECT: Affirmative Action Policy - City of Orono Attachment A. Affirmative Action Draft Policy/Undated ISSUES - �arJ w J*(JN0 1. The presentation of information to the Council regarding the City's efforts in relationship to affirmative action planning. 2. Determination by the Council of any direction they would like the City to take in relation to this matter. INTRODUCTI.ON_ - Upon request, Attachment A was given to Mr. Gary Printup when he made an inquiry regarding the City's affirmative action policy. In a subsequent cor.versation that Mayor Grabek had made to Mr. Printup, Mr. Printup had indicated that he had some questions regarding the matter and this memo is written as background for the Council at Mayor Grabek's request. In the mid 1970's the City of Orono became a participant through Hennepin County of Community Development Block Grant funds. During that period of time the Federal Department of Housing and Urban Development (HUD) had a requirement that all jurisdictions that received funds have affirmative action policies. The County interpreted the HUD regulations as applying only to the appl icant, which in the case of the program Hennepin County was the applicant with the City of Orono and other municipalities being merely participants. The County discussed this with HUD for a substantial period of time and it was finally resolved to Hennepin County's satisfaction. It is the staff's best recollection that Attachment A was prepared in the event that the County was not successful in presenting their case to HUD and that each instrumentality would then have to have a plan presented. As noted the Human Relations Commission, which had previously been established, did have a part in the program had the City ever adopted the program. There is no record in reviewing the minutes and agendas from 1975 and 1976 that the program was ever adopted. The Human Relations Commission was abolished by the Council at the beginning of. 1986 because of inaction. DISCUSSION - on an initial revi,,w by the staff there app,_urs to he no other current requirements for the City to have an affirmative action program in place. A review by the City Attorney maybe of assistance a1.thnugh their initial review 1 indicated there were probably no mandates apart from grant requirements. There arp ieally two types of programs in the employment area. a.) The first is Equal Opportunity Employment in which the City is not to discriminate against a person because of tneir minority or protected class status. b.) Affirmative action, on the other hand, attempts to overcome past discrimination in the workforce generally by the establishment of goals for hiring the minority and protected class workers. This approach did run into trouble during the late '70's and early '80's under charges of reverse discrimination. The City of Oronodoes advertise its job openings in the Star and Tribune, which is circulated both to the majority and minority populations. The City makes its best efforts to not be discriminatory in its hiring practices. One of the problems is that the City staff is a small organization with relatively little turnover and the opportunity for hirings have been minimal over the last several years. ALTERNATIVES - Issue 1. Information Presentation a. Accept h. Request additional information c. Tahle Issue 2. Direction Regarding Further Action a. Tahle b. Discuss C. Direct staff regarding desired direction d. Take no further action e. Refer to legal staff for further research RECOMMENDATION - It is recommended that the Council consider the �asue at this point but take no further action regarding the affirmative action plan ,,ntil such time as the City is required to submit a plan in relationship to any fun('ing sources. PROPOSED MOTION - Moved by seconded by , that the Council accept the information regarding the City's affirmative action plan status and take no further action on the matter at this point. Ayes , Nays cc: nary Printup Larry Slackstad, Office of Planning 6 Development 2 r 1+ ` -2- CITY OF OHONO AFFIRATI'& ACTION PHOG:2Ali I. DEFINITION OF AFFIRMATIVE ACTION Affirmative action is a detailed analysli, by job olassi- fication, of the present utilization of persr)nnol and an articu- lation of deficiencies in regard to the erployment of protected classes. An affirmative action program is a very specific, ag- gressive and pragmatic plan to change and/or remedy any manage- ment practices which have had the effect of producing inequities in the employment process. k i Affirmative action is specifically directed at the effects of management practices rather than at the motives or intent be- t hind these practi4es. Inequities in the employment process, or discrimination, have been interpreted by the Supreme Court, the t Equal iq+loyment Opportunity Commission and Congress as being "...the consequenoes of employment practices, not the motivation. Therefore, the relevant consideration is whether the effect of a particular practice is to exclude a disproportionate number i of persons in a statutorily protected clams. If so the practice is prescribed, absent a showing of businecs necessity." Affirmative action signifies a positive, continuing result oriented program developed by an employer to &*sure meaningful enloyuent opportunities to all segments of the cc+uunity from which it's personnel in drawn. It requires the agressive identi- fioation and elimination of those barrier* Which have had the *"Oct. however unintentional, of denying equal employment op- 0 _.A J portunities to protected class members. In addition, apecifiu goals and timetable for the employment of members of protected classes must be set and these goals and timetables must be real - ietio and achievable. I �I Affirmative action results in a more effective and effici- ant utilisation of the available work force and present employees. ' Thea-efors, a sound, detailed affirmative action program is good ' went that benefits the em 1� er the �� P y employees and the oom- F � ■unity. i Mie Equal maployuent Opportunity Commission defines the following groups as protected classes: Negro, Oriental, Dative , Americans, Spanish our-rAme Americans, wcoon (all races), and r �•� pArsons subject to special obstacles in employment such as the '•!- phyxioa1ly disabled persons dependent on welfare and the am - playable mentally reterded. • , ;fir. 41 Mf• -4- II. BACKGROUND INFO' ATION 014 AFFIRMATIVE ACTION A. HISTORY OF EQnAL EMPLOYMENT OPPORTUNITY LAW Equal employment opportunity is the right of all persons to work and to advance on the basis of merit, ability, and in- dividual potential. The idea of eo a l opportunity has deep roots In AmerlcRn heritage and legal and aemocratic tradition. This essential right has been, at times, severely restricted by dis- criminatory employment practices operating to the disadvantage of various groups in our society. Original actions to prohibit such discrimination by state fair employment laws and Presidential Orders in the 194.0's and 1950's were considered insufficient to combat employment bias, In 1964, Congress enacted an omnibus civil rights law covering public accommodations, federal contracts, voting and, in Title In vii of the act, employment opportunities. Title VII prohibited job discrimination because of race, sex, religion, national origin, and established the Equal Ekoployment Opportunity Commission (EWC) as an independent sAocutive agency to administer the law. The . commission waa authorised to receive and investigate complaints "`• flied by individuals and ZXDC commissioners, and to attempt through conciliation and mediation to remedy any discriminatory practices it encountered. Where conciliation and mediation of- ' 0� r wA forts failed, SZOC could advise the charging party of his or her � right to sue in court or ask the Attorney 066*ral of the United Stated to file a suit where widespraad patterns of discrimination w*re apparent. In 1972. the Civil Itights Act was amended by the Equal An- ployment Opportunity Act. The basic purpose of the 1972 amendment r • : was to provide effective enforcement machinery so as to strengthen the efforte of the Equal Employment Opportunity Commission in re- ducing employment discrimination. The amended law sought to fur- ther the elimination of employment discrimination by extending the scope of the law to include state and local governments as well as additional employers in both the public and private sector. B. WHY HAVE APPI RMATI VE ACTION PROGRAMS? Title VII does not eaplioitly require an affirmative action program. However, when the 8qua1 BknploymenL Opportunity Commis- :' ' sion investigates alleged . discrimination, and C jr.'s:ine.tory practices are identified by the couut, th% remwsy often a •, court imposed affirmative action program. The cou-nts have or - dared oomprehensivq affirmative action programs, including numer- ioal goals, wbors neoessary, to compensate for the effects of �;. past discrimination. ,` a f r The greit weight that the court has given to statistioal F +. _�, •,;�,.., employment data indicates it is to the employer's advantage to conduct a thorough self -audit to determine the possible existence i r: of discriminatory practices and the needed remedial action. In addition, the osrtainty of increased lsgpl action coupled with the consistent record of court imposed action plans esphasises .,:.. the advantages of developing a thorouugh voluntary affirmative ; action program. It makes a good deal of praotioal business ' sense to identify and eliminate discriminatory employment prat- tioes before the courts of the :ederal goverment intervene.. '1e state of non-oomWliance is subject to penaltisa ranging '^ from the loss of federal grant status to the aessement of back pay and, presumably, in note flagrant oases, court action and • fines. The probabillt7 of eaWlaint in this area oannot be con- aidered as remote. The drive of economic necessity, coupled with that of action groups who are very vocal, almost insures that a close watch will be kent on employment practices. It is important to note that the City of 0--ono is required to have an affirmative action program as a condition for re- ceiving certain federal grants. The LEU grant, for which the City Police Department is now applying to train officers for implementation of an improves neighborhood program or orime prevention. The loss of grant status would be serious, but any If penaliaing of a local unit of government, such as back pay awards or fines, could be disastrous in this day of tight municipal bud- gets and levy limitations. A state of complian;;e therefore becomes imperative, Since complete compliance will require a measurable period of time, approval of future grant requests will probably be based on how vigorously the outlined goals are 6 y B being Pursued. C. AN ANALYSIS _OF _TSB _APPLICAALB SB TIONS 1. Section 701 - Definition of Coverage �. As emended, Title VII covers all private employers of 15 or more persons, labor unions with 15 or more members, all educa-tional institutions and state and local governments. 2. of - D s soewe of Race. Color. Re - OD. 301a gr X&MMILA Qn&A This section defines ar milamful employment praotice as: a) to fail or refuse to hire or to discharge any individ- ual, or otherwise to disorimieste against any individual with respect to his oompensation, terms, conditions, or privileges 0 1 -7- of employment, becauso of such Individual's race, color, relig- ion, or national origin; or f b) to limit, segregate, or classify employees or appli- cants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his stet a as an employee because of such in - di vidual's race, color, religion, sea, or national origin. (Note that Minnesota's law also includes creed, age, disability, marital status or status with regard to public assistance.) 3. Seotion 7011 - Other Unlawful Ehplo9ment Practicer This section prohibits dieorimination against any person who has opposed practices declared unlawful by Titl-> YLI. It is specifically designed to protect persons who file- oomplaints fran reprisals or other adverse actions by employers and anions. Section 704 also prohibits discriminatory classified advertising. 4. segim - Investigations. Ins eotions. Reoords. and atono ee - t This section authorises the SROC to require those covered by Title VII to keep records and make reports concerning oon- plianoe with the law. At the present time, employers of 100 or more persons must file annual reports of t'wir employment by race, sex, and job classification. 5. section 711 - Notioee to be posted To insure that all employees, union cambers, and job appli cants are aware of Title VIY's protections, 130C may require am- ployera and unions to conspicuously post official notices. At the present time, the 23DC requires that the poster "Squat Rm- ployment Opportunity is the Law" ae posted. D. TBB COURT' S INTBRPRBTATION OF PF.DERAL $QlAL EKPLOY.%WT LAM i. Qnlawful bmigyment Discrisination It is important to understand what the courts have identified ,F as unlawful employment discrivInation and wlset remedies have been impoeed. Although employment law is in the process of continuing evclusion, there is a consistent judicial trend which has developed the following basic prinelpless !!Wyrkere 2. Statisties showing under- resentation among members of a class establishes a prima real* case or inlawrul exclusion or disorimination. Title VII allows the use of statistical probability to infer the existence of a pattern or practice of discrimination. IA Griggs v, Duke Power Company Titles VII is directed to the consequences of employment praocioea, not to the motives of the employe-. Therefore, the relevant consideration is whether the effect of a par- ticular practice, however neutrally applied, is to exclude a disproportionate number of persons in a statutorily pro - tooted class. If so, the practice is proscribed, absent a showing of business necessity (i.e. essential to the safe, efficient operation of 6he busines;S. In all oases :he burden of proof is on the employer. 2. Unlawful 1hployment Selection Devicea The courts have ruled that the following selection dev.Loes Of employment criteria are illegni if they have a disparate ex- oluatonary effect on a protected class, cannot be shown to most the business necessity standard, are not job -related, or are not reliable predictors of job perforinanoe: t. Perfprmanoe Tests Any tests, either Taper -and -pencil variety or other performance measure, which are used ss a basis for am - pployssnt decisions. OrlRits v. Duke Power. b. Eduoational Requirements Any minimum educational requirements, such as a high school diplem. Griggs v. Duke Power, Carter v, anllaghe o. Arrest Records If arrest records have a disproportionate impact in dis- qualifying applicants, the employer Must show that the hiring of the charging party would be inconsistent with the safe and efficient operation of the business. QrsRory Y. " tton SYstess. Inc. •A oonviction of a fel- ony or mindewwwor cannot 'Fy Tte•lf lawfully constitute an absolute bss to employment. Coavictioa records can only be a oauee for re jeotion if "lbeir numbers nature and recentness would cave the applicant to be unfit for the position". Carter ♦. Oaf er. j@ tlalaxtnl sic DlegrJALuatio 510 following are esaaples of unlawful sex discrimination trleb have bean struck down by the ocurtes •. slate statutes prohibiting women from working as bar- tenders or working more than eight hours have been struck dawn. p� v�tThere Is still such 1•g sla on prohibiting • esploymenL of women in certain occupations, limiting their hours of work, the weight they are allowed to lift, *to. The court has ruled that such state laws which restrict employment of woven are in reality not protective, but instruments of discrimination. If these requirements cannot be applied equally to men, they are illegal in light of Title VII. b. Subjecting men and women to different terms or oondi- tions of employment is illegal. Potlatch Forests. Ino. •. LAZes. o. It is illegal to refuse to hire women with pre-school children, if men in like situations are hired. Phillips v. Martin -Marietta Corte. 4. Court Ltpoes4 Remedies Here are some recent examples of the undo of rraotioes ruled discriminatory by the courts, the costs to the employees, and the nature of affirmative action ordered: '+ a. Virginia Electric Power Company was ordered to pay $250,000 to compensate black wnrkers for wages they ; would have earned if they had not been kept from pre - notion by a discriminatory system. The coMany was also ordered to eliminato use of high school diploma " (or squi rat ent) and aptitude tests as hiring or pro - motlen ortteria for blue color jobs because these �. selection methods were not job-r-Z.ated, to eliminate existing transfer and promotion . items based in job '. and departmental seniority (which perpetuated effects . of past discrimination and allow upward nobility movement based on tote employment seniority. Affir- mative hiring was also ordered: at least 25% of new union hires were to be nonwhites, until their level of employment in union. jjobs reached 21.5%. Ooals were also set for clerical jobs► ; b. The household Finance (,crporation paid more than •� """. . $125,000 to white-collar fenals employees ifto charged f`' 15 they were dbaisd p8mmotiba. because of sec. Under ` s� +_ -1taQ1e of a consent decree, the company also agreed to '•Lime 20% from specified ainority Wogpa for clerietl, ' "•'�� credit, and branch esentative jobs until total 655of their in the Labor employees roaabod population area. VC also agreed ,to train fwtale and ninoriey , �' ' '' ► a*ioyeos to help them gwlify for better jobs. Idre tttsy are inwar-ropreeemted. o. Mardis iz~ Company was ordered �* i120,000 Sic "the L back rases to black �laintiffs and class they . represent", plus $25,000 in Attorney fees mad court costs. This company was also ordered to hire black � ! �v'' a"ftY� ..�; _10- +A ' 1 ` workers in a 2-1 ratio for four years, until the ►, combined production and olorioal warkforoe Ass a ratio of blacks in proportion to the nonwhite work- force in the ocapa rj' s labor area. d. The AMT Agreement: '.—,>ortant precedent and guide. i The extent of legally requirod lrffirmative action to �•; . rem"y discrimination and effects of past diaorimiina- ya j r :.� ' �`.•.' tion is reflected in the major agreement signed by �•,,' t Aserioan Telephone and Te:egraph Company with )�pC �.1,4e 4 .�'t • �•;. and the Department of Labor, after more then two years of lltig+ation. This agreement, oor.firsed by a Federal 'M• court consent decree, may earls, both a oostly warning 1� and a helpf-.il guide to other employers. Its major provisions include: ,''•:+ C•' 1� r ijt( t •t r. .f -Approximately 41. million - by far the largest single back pay award ever made - in one -tine pal manta t0 j, • thouseavis of employees charged to have suffereq •'0''' S.. ;. • ' + r ,` d.iscrininatory employrent praotloes. •r'`y'•iY,,�"�' '• - An additional estimated `50,000,000 in year ly Pa7• •,f�;�y-V V .�+' and female employees. nsnts for prumotion and wage s 1 jurtsents tr minority •M,,, Azk 43* : r ' • • VA.4:; , apoeitio.l5Mn1 and pr+sotioa ts, inclneins �, M� r •' goals to •oantl increase utilisatied of �,•, „ - `; • i women and oritles �n every 'Job olassitieation. These targets will be reviewed regularly by t�C and the Office of lhderel Contlaofj CoWllaaoe. e • • •rim' � '�..t r"�'.� 1' Ooa 1 s for &W toyijmL• stales in eiulp all -f wale jobs. +�` '+ •e. ' Wooten ruse Minorities mow in am-uanageuent non-oraft gobs will be able to compete for craft jobs based , y an their qualifioatiow and *amp&=,p seniority. � a .- ♦ ,e i , .,. , ; . Prawofed Amploys�ss wi.` 1 be paid bosi s of-tbair I=Wt% .►' ow,, 4j�4,�� ' y r' •y �• . All . re eagle oollego gygWates d sri� t 96 ,�?•e be .ameMNd to d borm"a !,tares! and Potessw ,J%V-w del fobs "A �+a': O"fta darslapMot" �++ se ram imm for ptwmotiene. ; i • r rc itrs as"_IWAL 60welow"to "at here viola- =Wesd Y4004161. ac ti w to : remo to ves - ... • listiwte sent , and a s sure goUM•�ist. a at lblkr.. barriers to ft enjoyment of equal • ,` 1 3 :.w Job opportuni tie3" trill be required, and that remedl•.1 action often requires some kind of special treatment for period of time. Courts increasir3ly are requiring coma anies and unions to provide pruapprentice and anprentiae training to hire, promote and train minorities and females who have suffered from disori- minAtion in specified numerical rutios, in specified job cate- gories, until specified remedial goals are roaohed. Although Title VII bars preferential hiring simply to elimb!nato racial employment imbalances in relation to popu- lation ratios, Federal courts consistently have found numer- ical goals and timetables to be a justified and necessary remedy and means f eliminating the present effects of past discriminatory , atices. X. 00AL9 AND OBJNCT VES FOR AFFIRKATI V'E ACTION ....A goal (unlike a quota) is a numerical objective, fixed realistically in terms oi' the number of vacancies expected, and the number of qualified applicants available in the relevant Job market. Thus, if through no fault of the employer, he has fewer vaoaaoies than expeoted, he is not subject to sanction, because he is not expeetel to displace existing employees or to hire un- needed sorplvywe�- t!, 7seet his goal. Similarly, if he has de- mcnatrated every good faith effort to include persons from the group which was the object of discrimination into the group be- ing oonsidered for selection, but has been unable to do so in sufficient numbers to most his goal, he is not subject -`o sano- %too. Vadsr a system of goals, therefore, an swployer is never rmgoirad to hire a person fto does not have qualifications AN660d to perform this job eveoesafVllyt:'aAd�ad esepleyer is sMever required to hilt eush;an MftQS& 11 riot, orson in prefer - * me to another spplihN tip is gM101441 nor, is arm employer regarea to hire a less qualified person to pretrrenoe to a 12- better qualified nereon, provided that the qu•iliricationg used to �4ke sucn relative julf-mentn reali3tically measure the F;nr- rability to do the job in question, or otner lobs to waAch likely tc, progre�a. Unlike quotas, therefore, which may for a preference far the unqualified over the qualified, -f the less qualiried over the batter qualified to meet the ra...,..oal requirement, a go;tl recognizes that persons arm to be judged on individual ability and merit hiring. If goals are seat on the basis of expected vacancies and anticipated availability of skills in the marketplace, an sneployer should be expected to meet Lhe goals if there is an adequate pool of qualified applicants from the disoriminated- against group from which to make selections. If the employer does not meet the goal. he has the obligation to justify his failure with documentation. With the foregoing in mind, federal agencies assigned • the responsibility of enforcing the provisions of the Equal •,_ bWI cynent Opportunity Act of 1972 generally agree that the following principles should be adhered tos '� ;. 1. Wonever it is appropriate to establish goals, the �, �. goals and timetables should take into account anti- cipated vaoancies and the availability of skills in �fhe marketplace rrm whiob ^V , � employees are drawn. In '" addition, wbere unlawful disorisiination by the esploy- er is establish", 'We oom tive action program, in- cluding the reorulting and advertivIng obligations and the short range hiring goals, should also tans into aae ~% the need to eorreot the present efteots of uw employer's paet Aiseriminotor.r rraettoes. 2. Die goals should be regchod throuf�h such recruiting and advertising efforts as are necesvnry and ap- propriate, and tno selection of persons made only from amonget those who are qualified. A goal, unlike a quota, does not require the hiring of per- sons when there are no vacancies, nor does it require the firing of a person who is less likely to do well on the job over a person more likely to do well on the job under valid seleotic,n prooedures. When the standards for determining qua:.ifioations are invalid and not predictive of job suooess, valid selsctift procedures should be developed as soon ae feasible. Where an employer has Collowed exoluaionary practices, however, and has made little or no progress in slim-• inating the effects of it's past discriminatory pra0- tices, the selection standards it proposes to utilis• ' �► in determining who is "qualified" or "better qualified" will be examined with care to assure that they are in fact valid for suoh purposes and do not perpetuate the effects of the employer's past discrimination and do not raise artificial or unneoessary barriers. 3. In no event does a goal require that an 60ployer WUAt ,. ".• �.` in all ciroimstansss •hire a spoditl� UMbor of yen- b a•�Me ' .':r sons, because such a goal would llk0 Mt . It is, however, appropriate to ask • Oevrt tO SWN goals mad timetables, ihOluding hiring goals, OD M employer who has engaged in racial or ethnic exclusion, or other unconstitutional or unlawful employment prao- i tices. L�. As a general matter, relief should be provided to those persons who have been adversely aft'eoted as a cones- quence of the employer's unlawfully diaorimiaatory Practices. Insofar as feasible, persona who can show that they were infured by such practices should be reatoree- to the position they would be in but for the un:at-ful consideration or employment because of.suoh +: disoriminatory practices should be allowed to am"te S f� ;'• f;,•, , ',�. , :� for future vacancies on the basis of qualifloati oat ;• 'if .s,;.•, jam, •. i �, and atenda.rds no more severe thiLn these utilised by the �w eM,loyer in asleoting from the &dvantagad •gpMW#, a► ' unless the increased standards are -. y ;. i`t•. ;���,. asss necessity. Such relief Mill a vent the erection of unnsoessary be- s to equal °• {ri�•���+ Y ,r' employment opportunities. Where an employer has utilised a selection device ` ' •.;� � _ i ;,v�; �: which is itself unlawfully disoriainatory, relief `► ; 's A. �. should be sought to prohibit th^ ate of that and �t ' similar selection devices together with the develop- .k. ��i�"`"..'.its.,, • . 40 �•: :; .mot _. of ar. appropriati at!ltosative Motion plaid 'vhioh �,"��► . W include goals MA tl~MMb1N• , Ze adatLODO the •ic. , �••. �, �yy., f , r sourts should be ' higW/� �70��i • �M �i�fT to 1 z - ' .f- :, • • Afloat (or develop) aed hlidaM a uhl releatfa :. . �' ' •� selection prooedure whiab ,trill taoililts to •e2,oetion 's •:• '� , to the basis of relative ability'to do she Job. The r -1 5- j ar Z z,. • 4 , speed with which such new selsotion devices can and should be developed and validated depends on the facts and oiroumstanoes of each case. F. Na A CHAROE OF EMPLOYMENT DISCRIKERAIJON TH THE 0 G- a.rge of discrimination may be "ilzd with the KOC by any person or group of persons who believe they are vioi!A" of unlawful job discrimination. Chwrgea may also be filed en behalf of a person or group of persons, and charges may be filed by ENOX commissioners who have knowledge of possible discrimination. Charges, including the identity of both parties, ma- not be made public by the BBOC. The coesmission must serve notice of the filing of the charge on the respond- ent (employer, union, employment agency) within ten days. A charge must be filed with the JMDC within 180 days of the alleged unlawful employmnt practice or if the complaint was first filed with a state agency siailar to the ZBOC (i.e., Minnesota Department of Human Rights) within 300 days of the alleged discrimination, or within 30 days after the stag agency has terminated pr0000dings, whichever is earlier. Tbo • state agency must be given at :oast 60 days to settle the oo"ltint. If the state agency falls to achieve a 8e1t140e0t, the !WDC may assume jurisdiction. After Receiving a ocisplaint, the ZMC must investigate the ahargo and detemino if "reasonable sakes" exists to be- lieve that Title V71 has been violated- Skis decision is nado " We five =0 oomiSsionore withia`120 days so far as Practicable. If the comission detemines there is reasonable -16- cause, the EEOC must seek to eliminate unlawful practices through conference, conciliation and other informal meano. When conciliation efforts fail, tee EEOC is empowered by the Equal Anployment Opportunity Act. of 1972 to bring a civil action against any respondent except state and local governments. If the respondent to a ^ovi—_n4nt, the charge { may be referred to the Attorney General who may bring a civil suit. i The 1972 A-' also retains the right of individual oharg- i ing parties to bring civil suits. Charging parties may file a civil suit if the MMC dismissed the complaint (e.g., for lack of "reasonable cause"), if they do not agree with and do not sign a conciliation agreement, or if after 180 days 1' from She filing of the complaint neither the 2I0C nor the Attdrhey General has filed suit. After receiving notice of i�, y.��►W * - the right to sue, the charging party has 90 days in which to file a civil action. Cases must be brought only in approprt- ate 190, District Courts. 0 An iMortant part of the 1972 Act authorises the con-. Talaaion& or the Attorney General Uk4oYee involving a state o! looat goverment, to seek a temproary injunction when prompt judioial action is necessary to stop discrimination, This �A, provision will allow the ZDDC or the Attorney General to ask a eotitto for esmmole, to suspetA certain awloywent testa Pon" the final deteraitfatieets,: %a Zq"l iploysent OVWtwdty Act of 1972 pro -ides tMt tale eourt arm en join the respondent 14bc7 unlawful pray• tiees and order affirmative action i►idh aryr include, "but '.Y i t -17- is not restricted to", reinstatement, hiring rejected appli- cants, back pay, and other relief to remedy pest discrimination. Back pay awards are limited to t•+o years before the date the complaint was filed with the DOOC. Income which the charging party might have+ earned "with reasonable dil.Lgenoe" may be de- ducted from back pay oalculationn. Reoent court oases have made clear that although a case may begin with a complaint by one person, it may be extended ,•�' to "other persons similarly :situated" in a class aotiot.. In ., the Congressional oonsid^ration of the 1972 Act., a section limiting class actions was contained in the Houee-passed bill,,. but specirioally deleted in the Houee-3enate conference. 7bus, class action may continue to grant reinstatement Mck pay Judgments to persons not named in the original charge, • +� but who have been aggrieved by proven discrimination. .,` . 1 IL ��d� ti�« ` .,.4 � +ISM •e ' J' 41 1► �,,� �� .�r a .• •1 .. ,. ` ��• •ter r ,i. » � r. •t 4` a• IM I III. INTERVAL DISSEMINATION OF POLICY The city manager shall undertake the following etepe to insure that all present and future employees are advised of and understand the City of Orono's affirmative action policy and program. A. A copy of the oity's affirmative action polio'y and program shall be distributed to each city employee. A letter from the city manager shall inform all employees of the ci s firm ooamsitment to this .•, lt. ; policy. ' B. A copy of the city's affirmative action policy shall be prominently place on all bulletin boards where job announcements are listed and shall be stated '' �;;•; on the oity'a application. for all city employees shall be :; 0. ;A training program established to explain the purpose of the city'@ affirmative action program, to stress the city'& r ;.. ,;• �! `•_? oomitment to this program, to angwer any questions •'" f that city employees may have regarding the prOgAs ' intent and to etplain individaul aMloyes &MI Mtivs action responsibilit*ffn and benefits. Sabseguont ; programs shall be conducted umoal* or as neoe&sary r to ocesaunioate new developssents based on ohan6e9 is federal or stair legislation and/or regulations re- e• '� •: •, a'';.. equal GMIOYMot prasti6e86 .., .,.Sarding 16eh nvorvisov or aepartsmot bsdd N all 1r I*" pay'- •'; &orally res"nsibl& for ooarmidatig "d Uplaining S —) y— the affirmative action program to eaon employee under his/her supervision. B. An orientation meeting shall be established with re- presentatives of organized employee groups tp inform them of the city's affirmative action policy and pro- gram and to request their cooperation. A non-disorimination clause shall be included in w11 agreements between the city and organized city em- ployee groups. Furthermore, the city shall enoourage �- all organised city employees to adopt a policy pro- .. •., hibiting discrimination by the employee groups against it's umbers because of race, color, creed, religion, • 'V-W national origin, politleal affiliation# disability# �+� statual seat or age. t \ 1 �1j+ fir'' �1 •. •'`' ffff+���'^^'+ r. �. . f. x . a% , . 1 IV. EXTERNAL DISMMINATION OF POLICY The city manager shall undertake the following st9ps to disseminate informati+.n regarding the city's affirmative action ` policy: A. A cony of the city's affirmative action polio, and pro- gram along with a verbal communique stating the city's firm intention of compliance eha.i� be relayed to tho protected class recruitment eouroos lisi+l in Ap- pendix A. •�y, '•��► A press release explaining the city's affirmative 04; action program and policy, stressing the oitils re- M�ip'. , solve to provide equal employment opportunity, shall •,. , be sent to the news media listed in Appendix B , AA, . '• �w 4,4 IL AN To ite�, ,• 1 1 ,1 MI-. .1. ♦ Co • .ram ' '��� . -R ♦ .' .. � ~�/, •'' �' _ _ OU -21 - r''• j v. DEZIGNATION OF RESPONSIBILITIES A. The t Cits !!a er 1. The city manager is authorized and directed to .y administer this program. He may issue adminis- trative directives and instructions, not inoon- J sistent with this program, t%explain and clarify the provisions thereof, and to t•aoilitate We im- plementation. 2. The city manager shall take appropriate diji0�p=~ • Iinary action against any city *Vloyee wbo ri0 `•,"J `� ' r -' �1 late* the spirit or intent of gay provislWat. �.. tho city ' a affirmative action pro or Idw • �. harasses any empl"oe, in protected classes .>to" _ j �, ;.• 1rs> w ' s. � � .'^. gains mployment or remedy 0 . hrwsh the c i t�'s . �fwa: - :,•'*, •.. affirmative action progrean. -. `� '. ••••'-••_.-+':•yam rc, If there is a violation of the city'# affirmao !�• ,'�;'' Live action requirements as outlined in section' �:.•, `°•4a 7111, the city manager may take action to ter- • ` minabe &M contractual a reemshb betvsen the ... ; .4' • , +. •=, city aid the offend' contr&c tor, vendor or enD• . �,, ;�: ' v w . oontractor. '' •!1 'Me ' ., .. _ 4. cis er Mall establish arams.1' 'rags •+sale !br • . , . r the mpialmeot or protected suss embers In, eee- . � :�� • 41: ' �!' sulation with Va perbannal dirottar ad1.4spa1N` ,, � r '+, •t .' sent heed. ►. •.., ..�.�: 1. Berle as Van sits s �.►.�',�jr� '� equal woloymeab opportunity • ,4j 'r „q -22 - coordinator, or appoint a person to administer M. 2. Interpret the city's affirmative action program to all city employees and interested minority groups, women's organisations and other oom- munity groups. s. Conduct training seaalons with managerial and supervisory personnel to explAsise the impork tanoe and high priority of the affirmative � •' . action program. ' b York olosely with adainlstrative and supervisory � °l•� UZ1,,, personnel to 1"ure their support of and ecW11- ano• with all provisions of the oity's arti#w- •' •�a' live aotion s. 4 Develop and maintain 400munioation chamois with :1- ' ag rg c/eP!!r int proleatod enoies or organizations seat ' classes oonoerning all e>ap107ment vaoanoies. !'`•' b. Conduoe ongoing analysis of **sting pr000dures :.•�;ri and all other aspeots of the reorultmen! aad "I- otioo Proses& to insrre lhrN•, W11fioial earriere . . to hirieg or praeotun,lprets,~ -*lass MbWe an me-asistsot� d • ° 'f Ppe"As ovanNl nl to ail UW%ires tl1.PrMeUMOML' . 0-1 ( Awv� irg to Pm�oles"a elaseeo'N p o"'�eto, :br •• "slsslish trai"" Programs "tw au ietwsstod -?3- 9. Include in al.i job specifications for sut)erviaory positions a section describing responsibilltien i related to affirmative action. 10. Include it the performance evaluation for super- visory employees reference to the super•.•iscr's compliance wish and support of the city's affir- mative action program. 11. Provide smployeea and applicants who have sot- �. plaints of allcged discrimination with copies of their rights under provisions of the C_ Al Rights Act of 1964 he amended by the Equal IDmplOyment Opportunity Act of 1972 as well as their legal ."�. options for registering a OOtplaint. a' As outlined in the City of Orono pbrsordWl Volley y 4A '- established May, 1975, employees are expeotsd to /tit` vii . t E r. • rsJogniae the organisation structure is their grievances to their ismodiate supervisor, department head. It is the policy of the City to prevent the oeour ` anon of griavanoes and to dMl nrosPtly With thole a Mbea a gpievanos o.tes :0 the attention of any 6%"rri.aory employ" of tb! Q11fj the Mwervicsr ` d *ban di""S �►],l le1l�aDt alrasagaoNa t ,tb the •` 'y+ , ssrpioyee (soe 1�ur.:�+wat�..k�t''f��asr.•> + 'i ' and a t ode" MW' r*04a"�tt' t tea t b! s' K 1. A. '• 'Yjr .,M• • • tit .., +•-y r T f! j +• , i • p -?4- r If the grievance cannot be settle at this level, it should be reduced to writing and signed and submitted to the Department Head. The Department Head will discued the grievance with the employee , and give his written decision to him within tares (3) days. If the employee is not satisfied with the deeis- ionof his Departwent Head, he way request a meet- '41 ing with the City Administrator, He shall subidt r . his grievance in writing and sign it. The City �. Adaini s tra for shall espl o re the nature of the *• J-y� grievance and discuss all relevant olrounsraoeos with the employee ant sake an Investigation Into,. the nature of the grievance. fte City dais- . ,;•;••i' trator shall give his decision Within thr"", (3) working days in writing unless a longer time is agreed to by the parties. It shall be Ohs poliey of the City that full and free opportunity for dissuasion of grievaaoes is , saooureg"O No punitive "Mon Will be tape& anal. ne t an aW loyeo who s ulii is a gri evanoe in good fai th. � 1rollow40 on all eosplaines or diserimdnatioo. ;" I btabli sh amial L siamss geals'•ttir tde Mola r- r 1•�� meat of ceder -mills" alma' awkwo in •wager- ation wi tr "Ps"MWf aM 'divlaia�' lragewy " ' ��' Conduct fsile" letarrieWe oitr all soft 'up" •� j 79 sib Moloyses belewging to Noteeeed classes is .� T•1 _2 determine if any npocial nroblemn have developed and if such omployenn nro nronerl,i maned and trained. 15. Interview all emnloyeoc wno resign from the city's employ to determine whether unfair treatslent or discrimination was a factor in their leaving. 16. Maintain an annual audit and monitoring program as outlined in section X which will measure the effectiveness of the City's affirmative action program. Review all salaries and fringe benefits yearly for uniformity. maintain and review data relating to the city's affirmative action requirements of contractors, sub -contractors and vendors and note those not In compliance. Receive reports of any direct violation or vio- lation of the spirit and L-ont of the city's affirmative action program for 17. Review all salaries and fri"e benefits yearly e for Imiformity. 18. Maintain and review data relating to the city's affirmative action requiresenta of onatm%ors. '- "�,19. Receive reports of aq;dLr %.► AO1G l0�t"W,V10- ,.� ,. it� ' lotion of the sniritind UMEW 01`1 1WAstp'a • .�'� ",`' affir katiw actim Pr"M ' limos„ 4 ►,y ,ITt 'figs„ `�.' oipliaar'�► actibn�;. :. - ',.., � f' . >, l' '` t M -26- 20. Meet periodically with the Orono Human Rights Commission to discuss the progress of the af- firmative action program. 21. Be responsible for posting and maintaining the required federal equal employment opportunity Fosters and a copy of the city's affirmative action policy on all city bulletin boards. C. Department Heads shall, R c 1. Be responsible ror underst oqual 1 ecra' ay�at opportunity laws and all provisions of the city's 14P affirmative action program. Y M' 2. Report violations of the spirit and intent of the city's affirmative action program to the, city manager's office for disciplinary action. 3. Cooperate wit' the city manager to determine ' those areas of employment where protected olaase,a ,.�%r;+�' are under-utilised. a , 4. In cooperation with the city manager, establish annual minimum goals for the amployment of under- utilised protected class members. S. Infom departmental employees of the city's af- firmative aclinn program. 6. Explain the affirmative action program whm In- . ` terviewing candidates for appointment or Drono• .�•R •�' tion within taw department. "• }'. V1- THE EMPLOYMENT PROCUS Recruitment, examination, selection, and promotion Procedures shall be continually examined to insure con- pliance with the federal law and judicial mandates re- garding equal employment opportunity. All phase" a of • rs� employment and promotion process shall conform tot the following guidelines s (1) Job qualifioatibos and muireasnts,1,ahaYl '�(L realistically relate to • tb• a0 ' , „i «: t • •• . ,' . tYa1'dlitiN J . . ;W4 ,to be performed an the • . • .p ,'.,,• ,. r., ,. (2), EMployment procedures and standards shall' not be arbitrary and shall hawk ' Offset Of blockI.Ag prV%SOtOd "' • ,•f.r 'i . to A. Job Sp"I"MUM The Oity manager aball OOL'IUMAlly rerifv� anQ , �'• • ..A.� ' as necessary, reria• job speoifioitaoos toes" FH, ` poaiticos to insure that job qualifications are dir- i `ctly related to the actual nods of the po"ti•o. raftew►, ailall, &.`sic PtO Oliawto" all .='eifloilh ,� •. barriers to ^eMlo>Mt and pranoUan. � �'„l� �. • � ' 1 • w,1�.'re0rilll�l; l�Oltlbdi"'�id' Ll�-� � , be + ;Zj. , �� ed preso ted *I&" aUaa ly are -28- include: job title and brief description of duties; starting salary; education, training or skills required; closing date; copy/copies of application form. 2. Notification of job openings and employment t ads shall be placed in all media resources listed in Appendix B. All employment notices and/or ads shall prominently display the words "An Equal Opportunity Employer: and/or "An X. , :r Affirmative Action Employer". \'. 3. All job announcements shall be posted an all' ��` �• city bulletin boards for a s�inim n 69, ed OAWS 4. Supervisory staff at all levels shall ba�ia: '�'s•'�, "•, ~'� � ,, courted to actively recruit studsots belonsino to the protected classes for ploy�ed!�'fbr BUN-',, +�:•?�►! mer, internship, and after-sohool eopioyt. ., programs. Application lords shall include only fob -related inforoation. Other infon ation about the aypli- `: cant my be mqueirted oR,4 aeparata forte vhiohAQ is not to be used in the IMloY10e10t seleatioo proosawto ,4 .• ., 'Cis W� lift t a *4,, .• ty,�' �1 �.. '1� ,(ram 4� 4 ,4 ;,�' t�i�tr{L1 . With 2 e�arQ ,.* . to pub31e 404 srt ales or Delouse of '''" -29- failure in a previous examination. 2. Examinations for like jobs shall be given under like conditions. 3• Exam content shall be confined to measurer:-�t of knowledge, skill, and abilities necessary to perform specifically defined job related tasks. 4. Examination methods used shall be assigned the following priority, beginning with the most �•` desirable and progressing to the least: AA . a. perforwpnoe testing - Content validated ' performance testing shall be inst:tuteC where- •� ever possible. Emphasis &hall be placed on .� this method, particularly where a special ski1X * i �,� ,;_;•.. or expressed ability is required to perform a �*' .,#. �w •�;` ;�: defined group of tasks. The job structure Mau 411 be scrutinised to identity areas where the use, of performance testing say be maximized. b. Written test - Written testx shall be used when they presents a prectics neaas of de- ,,,wa tetelaing ability necessary in the performance of defined tasks o. +Biiid.�►1i�1� Rated interview may . ., be used &$ M &MU=41 determioat*, of employ- , i``..' f•` ` f _ Nili.ali tiii�, ' Mr perfat% woe and written ! 'j •• 'ice �• tests oeffmt feW measure the abilities neoess•. , '{ 7 f , • 3 ' at�!to perVW dutise suooessfully. Oral a ; M qt,' j .v 'A.►• . —30— ' interviews shall be limited to asking only ob- r. .► • jective questions that are specifically job re- lated. Applicants rejected on the basis of oral interview shall be given a written $tate- �` 1 .. went of such rejection. ,'• S. Uniform grading standards shall be applied to ••.... • each individual eras without regard to radar.,`"~ color, creed, religion, national origin; po .rN foal affiliation+ disability, marital shatuaj�- status with regard to public usistance; seat, or sae. - x� -Aj., There; shall be periodic' review 'of. teatiuw . '. s �•,. msthoes to determine it such "" in the o!. Drat�oto4� 1=,.', • ►• ' a disparate effect aa*loymant '� :0, class members. ` ' '••.a,�1 .K �. "•;; ,' " ,... ,••• • D. Saiaotion and ilia ' r ; � l , .,',, • .' 1. In a, specific area of I::! �', :,� • • )' city shall make every good faith e#0rt;to•�`' _. • r • ., -s^ meet its hiring goals and ob jecti�' ��;'� , - �j :..pro 2. iaoh re�eoted appliban� in o shall •re001".�writtee Mute of his/h r Js`e,1e0-. A rN; AI• the rearen(e) for rejection* a►M� 'ie� • ,time to beoom$ alig*q for tee �$,y,' , 10 81SQ -o itlieri In ,the futaft 4; . .:, •, � i b sU ot, poor ►" ' 't:� . ',•qi � �t�. 3•+iMj �� I .vet,,,., + a. � ., •. � �.' ' . .. { •. " � t . Shell have the Oppork - • !. . •f • I'� f I,.l� M�• •w 1 1/� 1f�.. �•�. � , � y'IF l•. -1 •��1.f.�•'i L� i' .�'' . -31- 4. Every effort shall be made, by all person( • involved in the selection process to make i applicants, particularly protected class mem- birs, feel comfortable and velomee 5. Applicants will not be barred from employment due to a conviction record unless,the =mber, nature, and recentness of the mcord"Wo" r cause the applicant to be un91t.fOr,:thq,POaj4-.,.*j tion. E. 'Probati P 2aaaeriod *a te 1. Performance #�pralsals used during tibnarZ perled'sh&ll be ob 46 did'% Jot' A, effect. OFFV WOW - � t t -r!-. V T - T, with -can" deraua.11"W to their IMMOVI .1 9. '. .. ... . .. . , ,•- 1). -Affix. appu OW A A tun. 4 • 40 put JV. LV 47a tod 4e, _32- �'A`,�'�`•� followed by a reaeonabll opportunity to correct 1 • "'� these deficiencies. b. A written warning and specific euggeetione for the improvement of deficiencies followed :r by a reeeonabl0 opportunity to correct these deficiencies. �r • c. A written notice of dismissal. - ' �'r . • d. An opportunity to have his/her• disEltNl; ;~'i' tfi.' ;' A , reviewed by the city mEnarr to deterllDo'..w�, � disorisinatory praotioes Were laotors it1 hiert;'': r •S�..� , . bet' dismissal and to re00rend a .r 3uistilied 'L ��1 - I.� , i �• •1�, �yi'.�'�,♦ram►t.• ♦. 44N once seibers Of a �d' a'�' .. L im, hired, the fOUOwing ti provide for their suooesa!'ul.Nd oantiawd VMW Q t= 1. The 411W MhW phasise its ftm Oos�i , v y •�°�' ,'.' Y . motion pro" in all p=+�tatiaa Nsa�liN, , �-�t 1 1 .1 ///' ! , sty �j �. ,,�� •.. .J. 4lf%��.+ -33-�, , Wr methods to enable such employees to suocessfull rev: a deal with any possible problems. 3• Follow-up interviews shall'De conducted period- ically by the city manager with protected olus employees to determine if aoy epsolal proDlees a"rw? have developed, and that the employee Lase beeo.' propI►rly placed and trained. �'�-` , , -•< z. t"� 4. IDtit interviews shall be oonducted 'by.the of `�S� `h • 'f ety • .witb'all terminating and dismissed pro- y�' �'� �`'.�1��.'�'i�i•1li�'mertS�ra.td`..'a�ylori.iaiis6�is`�'`�-- •;� .« .'�1, or dismissal' end to • correot ort ,11141111194, �f NW, discriminatory treatment' it it realstm: - ' 44 r 11 a ••+� .•R: .j f.'.a\ .r 1, fir, wl . . t f •• • �taititt ':\ • • �` � ; ' '�' r 1 i r `11i. M � it' • "w �' ' 1 • l � 1 i6 . • • . , . , � y ,, �.; y�' ',fit y a. � �1 ' +• .. '� • `'• .. ,�.'�'� i,4.. 111 cPh VIA 4r + •�'� _` VII• NTNcj '' } •w.. A. All train F " ing programs shall be axta�ded to all employees, � if the program is job related and would result in better ^• work performance. No employee shall be restricted from . - k , attending such programs or courses because of race, re-.,'' .�igicn. creed color, national o rigin• political attili , 1 r• n.� t4�. .. M.RF�t _.� aLion. disability, marital status, states with regarQ to public ' assistance • sex • or age. special efforts ' shall be made to include and .• ....;. encourage employees is •t• •� protected classes to attend such programs and courses." _• 8k,;;.h-aio1og programs shall be eade available to fioilii &ft ' ; �- ' . ►�': *. ,' ,oaf . nobility for all city $0914* 9s. AlteoLla w ,+`;:rr,��: • �ti w �'�0 the � Ohu' Preparet m ot. s@plo�s {fft*mobi'lttj, occupational ' lie`ids • +r !yv�:rlw� /+ 1 wai a loyees• Particularly protected class ms sbers WkkU ,be imbrued of the r�i and o'PPo aoosas+�bd ... 'r take career courses aed/or torsal .`` ,, : 4r�. a .:r ! • t r . related tralmingl'•' ,t Information ce the city' a polio :rye 1 y gutting tuitlan rs: ,• •,•"'��,� •. .. ,fix• 0 inburserant abail be widely dissealnated.iV ` for ij#&$*misor! stalt`Q�Vwrqmmwww '.'FPO '� ► _ .�{t . ,�� ` with provisions and goals, of the ' oity's at�irstiw, , f k. , ^�; •/ ,.. :/ice ��,.1 •��•' ► .: 11.'��ft{t''� 1 �• 4{ tiA ., i a0liao '�ls ll la03Yde an GOPW . 10 • �*� • 4,-'.'ti:.•'`iftiiMtiaata'tear a.r�..ti�ri :et{jem pro- 'ley ` ' IV c. Supervisory responsibilities related to affir- mative action. d. The legal options available to a person mskiag , ♦•r'k�y!..t a complaint of alleged discrimination.AZI t e. All city departments shall consider the imple— mentation of a apprenticeship trainlzWlo! pr►o X �'lipit tected class members, and employ tbosiube''suo—� •oesslully complete an apprmtioesUp•;training pTogtr.whenever possible. .!' ...�y f ` ` •�''f+. `� • ,1 � ' � r. AEI t . .rTl�, �s �'' .. _ •,tn^ 1� •••ira f ti`t` •'. i .� Ila �i• l.a`.- r _ ,.fir. t.•,d . r -36- ' • VIII. CARMM ADVANCEMWT (TRANSFER AND PROMOTION) A. All Qualified city employees shall be encouraged to con - older career advancement through promotions and/or trans- ' fern. 8. All job openings shall be posted on all city bulletin • ,r,' . 1'. boards. No present employee shall be discouraged or,. •+ revented from applying for P any vacancy for which he • ' �': ';� AO is qualified. .. "� t •� xr Z; C. A combination of education, past work experience. sad' � �• '` 01"rlence gained in the oity'!�Rlgy shall b44eausid- �3.•+ •. ;�;. ; y'�L�.r Bred in Weasiag the 'qualifications of an epDlioeo!` �•t siarllnarrow, job'.requVM=ts whioh . fit14Wp- rc. • - •�'R ;` .;' dime competition for promotion across deparlme"Ior <<: ,:•�r� ;Y division lines or w1 thin the '+lpar',t�b%'{ �1:� !�► . ' aball be eliminated • D. Protected class members employed by, the �clty„!re° ergPik ` 1 increased their skills and job j potential shall be an •Y , ;, 1; 00wvaed to apply and compete for Oramotim,r �' j.• : ! j.. .R , sue, j ' �-,�' 'r J , ' �, r,•„ ivy'`'• . sf.,�r 'w�l«�. •• •I t � i Vr ''KI �' �f � ,r �+e+,r•�t'' . . "A r. ,t - 27_ Y tiJ , Ix. CONTRACTS It fA the policy o, the ,ity r-)f '. not t,) use public funds to further any violation: of ntnte or federal equal employ- ment law. The city's firm commitment to this policy shall be de- monstrated through the affirmative action requirements of the con- tractors, sub -contractors ant! /endors With whom V, ity does busi- ness. These requirements are - A. All bid specifications prc,.)sala and contracts shall require all contractors, sub -contractors and vendors to submit the following: 1. A signed statement signifying that the contractor, M sub -contractor or, vendor fully intends to comply with the standards of equal employment mad sati- A discrimination as cited in Uw Civil Rights Act . , •_ 1 of 1964 as amended in 1972 by the Equal; Employa_ `•'' , ��;;�_+� •ent Opportunity Act. .y`•, _ `k, rA , ✓ � 4' A completer' Equal Employment Opportunity.Report."1, (Appendix L) r` B. The city's practice of awarding000ntracts to the low- %•;.':,ar t . 1 eat bidder shall be followed prodded the bidder we i the city's afft active action requiremants. It`• can- treetor, r0-oontractor aark.V"dor doos not comply AM the ietest o! the oity►'s 49i MMveftootlan moire- ; menu, as list" �t1�e fett'sotmq be award" to f the am% 10""S M Mtt�vith the wN prooftirs applylAS 4 06 if it is r OrwCast c omtractor is in violation iq E. , I:- �� of state or federnl equal employment opportunity lawn or has no affirmative action program or has not shown good faith in taking corrective oteps or is not will- ing to comply and carry out the city's affirmative action requirements, the city manager may immediately s 4 request that the city attorney iasue a "letter of r show cause" requesting the contractor, sub -contractor or vendor to provide the city manager with intorsation , showing whf the city should not terminate the contract. 4 The city shall • -p a regularly up -dated 11st of local ,jr s'r and national p ted class firms with which the city might do busiriss. The city shall notify the appropri-t J f ate firm(s) whenever the city accepts bids for goods or services. , v f! ' The wor-Is "Equal Opportunity Lmployer" shall be printed on all invoices, contracts, leases, stationery, etc. This will be done with a rubber stamp until new suppli" are ordered. Ir -Two, 4k io* 741�1 "AA 14 a � • e;, � t�f .� s 41. -39- 0 X. AMTING AND MONITORING In order to successfully evaluate the implementation of the city's affirmative action program, the following data shall be maintained by the city manager: A. Pecruitaent Sources. Data shall be maintained regard- ing all recruitment and media sources notified of city'•*�.' job vacancies. B. A=licMt Floc+ DLta. Data shall be maintained that in-% : dicatee, by job classification and ENO-1 oategory,.the X,V Mal number of applicants interviewed, those offered positions, and those hired in order to determine the. •' effectiveness of the city's recruitment process and to :. assess the city's progress toward resolving the prob less identified in Section XI. C. Annlicmt Referrals. A file of applicants belonging to protec:*d classes shall be mainta:•zed i. order U- J notif; -utl ai -lioants when vrycWXd*4 OOOur for Which ,'yr• ! 77, they would be Quali. )d- Training Activi iea. Data shall be maintained indioat- w!w•", zS, by job classifioation and 8ZG-I category, the a=- ' ,,,, j• beg' of _ • :y ea; j'. orgies partio!►DGUM isu►all city '-tt A Sta*8 and tuition reimbursement programs.= A$ 1'- -kit* shall be regalftag Vftmotions and ln"�- *-:irs.( by jop 43jassifia4ktiae and ig0-'1 category, those espler W '_ to are PM --)ted � , x emu be rOV'JOWed 4" 46 `,. .� -' 1` ♦ •sue ;r• .v ,I:�• - - .r 'E, `�. �; ► : ..�+. �. fir►, A .: I S compared to assure that no disparity exists regarding merit increases betwLen city employees belonging to protected classes and other city employees. 0. Terminatigna. Da*a ah:all be maintained on all termina- tirnya by job classification and EEO-1 category, includ- A. ing the reasons for termination. This date will be used Ar to determine if a disproportionate number of employees belonging to protected classes are terminated. .�. �► H, Data&14ne and Diaciplinarx Actloa&. Documented data • , `ti-. shall be maintained on all demotions and disciplinary actions, including reasons for such actions. Nit N .s , 1 P. ..: 04.Ak Yip 'h; •y 1 • /ta • .1T �•• •• . .� (�,. •,,, •.tiL rT i • 1• r ,, 1q 1 • 41 1 L� ' ►� L }• „ '11�1.' •,. „ "' -. a ,* +�'.;r' . 44 � :.'' ►��..�•r�.r + E :�. ter, .•ti�l�-'• ,, •� ,0, ,�, r , , � -41- XI. UTILIZATT^N ANALYSIS The City of Orono recruits its personnel primarily from f within the Minneopolis-St. Paul Standard Metropolitan Statisti- cal Area (STISA). This area includes the five counties of Fienne- ! pin, Ramsey, Dakota, Washington, akal Aroka. The following data }r. was obtained through the Minnesota Department of Manpower Services :1., • 14 t and From the 1970 United States census. • ,',' ���` 'i :. ' A. Work Force Data (1973 Averages): '. •' To_ F4Sih= Minorities ''•y : ;, Civilian Work Force 910 .,•.; .300 375.200 300400 - • mtployyed 878,100 360,600 28,400 lArployed 31 ,100 14,600 2 000 _ . - _� w> ,aw • q�as� ormt Rate 3. 4% 3.9% E t' % , '2 -A. '''•r"��,;;:•ilssim by Race and Sthnio Grcvn (1c»o) • * 0,�f •'_i•!, • . ��y^:� i, • ;;fir 1' .� _ ,�,�`.�t , TOW 1,813,647 �,�� 100.0 Y Rao": ' fit' •` ,. ' ►': White 1.763.769 . ' 97.2 ' r;:• Mack32,118. `4. .,t.8 v �, American Indian 99852. "� .r 0.3 Oriental • s,684 684 K• - 0.3 •.'� Spanish-American 16,..`.;' 0.9 .. r Other Races 2,Z22 0.1 • t�/> , Total Minorities 66 3.7 a:•,r'�'` � t'. ?' ` Ott I t'frl•- • �IiYNe� Q�ese, RilipiM, Havailan, and Korean. • .: #� of Gil Nlwr races axoi �i`' adios white, • Olaok, 1lasrioaa•?Adian. � oil N f , lih .. M •. OWN i -42- r' C . �vaao vw�w auu ♦aaq% - CASUAL liar 1y16: 22supational gatesorlee M.ls Female Where Minorities Professional 67.0 33.0 92.6 8.1 ♦.•'.. Technical 76.8 23.2 98.5 2.9 Managerial 83.0 16.2 97.3 3.3 Cler cal 23.9 76.1 93.4 7.1 Sales 50.7 49.3 96.6 5.2 .••:�' Semice 51.3 48.7 85.5 16.0 F Forestry, �wr �iaheries 91.7 8.3 92.2 9.8 Processing 75.7 24. 3 9C.1 11. S .' ;�,..; -a oe Machine Trade 87.0 12.2 92.5 Bench Work 37.0 63.0 89.3 Structmral 11.9 • �97.3 2.7 90.6 10.4' . Mioce+eow 81.9 18.1 e 5. 2 13.1 . ;=ie '''4� i ; ' Tab" lies prepared using data on job applicants ragistered with ►,• Miums0ota De artaent o! P Manpower Services. Definitions are avail - able tram the Department of Manpower Services. _ MW percentages :#* are not additive due to roundLog errors., �� ,,..r• '` �,• tie t���,• � '" it , '` ''�.F fy J: ', , v �.�yyw�� r/r . A t• -! at �, r� •t 1 . 4 tw114 r t r. -4j- D. Utillratipr. At.rlysin Chart...(dnnandin Q) The City of Orono is a suburban community located west of Minneapolis in the Twin City Metropolitan area. The 1970 census showed a population of 6,787, which has grown to an estimate (by the Metropolitan Council) of 7,020 in May of 1975. The average family income in 1970 was S19,528. Orono is primarily a single family residential community with o very small limited industrial, commercial area. Of the total population 6,758 were white (99.57%), two were Negro (.03%). four were Indian (.C6%), and 23 were member& of other, races (.34%). This represents a total of 29 minorities or .43% of the total population of Orono. Minnesota 1970 percentiles wer ; : t''l: `►� .1 7v. hito .91% Negro, .60% Indian, and .28% other races in;.-, terms of racial characteristics. The unavailabilicy of ainorities within the immediate Ormo�'�, area Le the primary reason for the fact that few minoritiqar ,e .,•W�'' . A , 1 ��*!•`.`''�-`.7,�, employed by the City of Orono. ;'•.••, Within the city : recruitment area there are 3.7% ai.noritiess the population di.arcribution of minorities based upon the 1970ta • . census data indicates the travelDW distance (about 15 miles frog`"''``. "J'*d' oWtvmn Minneapolis) and inoonvaUsnoe rrguirad to roach Orono r .. (a�'aass .transit service) may be two factors in e=lain ilK iby +► ,, Orwo may not be considered a praotioal . job location by as w .ct .' ., the minorities in the TwU City Astrepolitan, area. It simply has ` poor soc ass to man r ,aieoriU08 in the area. �44 •' . ��, t ' _ r a ,, 1, me ate tistlo 4 utilisation w alyais ohar ",, r.'• • indicate that currently t1N!'N L Ma minority person esiployed by � t the City of Orono. Ae indicated above, this is due in part to the location of Orono within the metropolitan area and the lack of convenient transportation for many minority people. Based upon the availability data shown on the utilization analysis chart, the job categories of Protective Service worker, Service Maintenance and Craftsmen would appear to be the areas in wb.ich there is the greatest under -representation of minorities. The utilization analysis chart indicates that non -minority "o °ywmen are primarily clustered in the Office and Clerical job cats F'�1'Y Reviewing the availability data, it would appear that non-miaoi°ity women are underrepresented in the job categories of officials and Managers and Professionals. F. 22AM It is acknowledged that certain areas are identified by vtill"tion analysis chart, and it is the city's intent to toward the resolution of these problems through the city"s ' ,affjmtiv* action program. In order to guide the malty iu .the resolution of its prob- . as are as , go a 1 s shall be e stabl i shed in January or soon Year _ "-• ` t fir tho employment of members of protected classes in job clus- � itioations in which there is an anticipated vacancy during that Tao!'. these annual goals sha3.1 be detbr;ined by the City Maoager':•��`�i�► ' in ea madtation with the departmt beds.. TM sacoess whiob tM . ' °• , �,�< - +ems.. • oity realizes in M00"li 'Sam goals' VLU be iMaMIA 1A r ' 4 term of the der of VINO ASe'lust Gov 13y 000ur. it,.,�,i - N. •,,�,: + �• ; ., t�drrstood gat it fib: nit►' desdM&rata■ rft= n2g t4ith eMES *.A .Mw1o„ ...hers of ereteeted alasaea for seleoted Job _olstsifi- .k w sees, v; 4 !11 a 0 ., -45- "tions , but in unable to do no in aufticient number■ to1;4*21 eetabri shed noels, the city is ot subiect to any 4anctIMA. The city's affirmative action goals for the period July 1, 1976 to December 31, 1976 are reflected in AppevAix E. *' :�t•"'r iS�, t �s� �• 1 U+ i ' ., •*. tit•. At Y w ,-t • , fir: i` ,. ' ',, ` ,r,h; i` • �w�w M�' y 1 . M 'Y.�► j ` J! 1 fir. Ri APFFNP • RECRUI= SOURCES • i Mlinnea olta Urban League 12 W uienwood Avenue Pilot City Employment office Minneapolis, MN422 917 Plymouth Avenue North ' { 55Minneapolis, MIN 55411 r Midwest American Indian Center AM[ICUS V, 2 7 Portland Avenue South • 1141 Plymouth Building -+��' Minneapolis, MN 55407 12 South 6th Street Minneapolis, MN 55415 ss v. Bureau of Indian Affairs A 1 Mto t Assistant Office ~' ,3outhn 4th Street, Room 200 ' Minneapolis Model City Offle y' ltLnnea�olis, NN 5540! 2648 ParkAvenw South . a }. Minneapolis, MN 554M Moran Crooks �,y•� 3bekopee �amMds-Vak-aa-tan Sioux Pro Labor` Education .,, an COunity '1gram 210 Glenwood Avenue North r •.�'�"Xt A1 , pies 5,� Minneapolis ► M N , 55422 ' r ;' Shakopee, hN ,3� , r' , , "r`• Ll Xlial lis ?ouch Concentrated �1or,r,.; sapo Opportunity Center pro {,�2 �+ , t t • �'� •. `; • i�[n°epin Avw5 13 26-Xioollet AV�ti ►a �: , ''', Mpo1 !s Minneapli s , MM 2.1 AL.'saesota Departwnt of Manpower Services ,f ' 301 East Lake Street limapolis, M 554O7 s 'r 'k Ana Cities Oppportunities Industrial Center' ' 834 North 7th Street a+,`;.. ....;'. ' Mlnnoapo l l s , MN 55411 •� i 1 IlkV ' •. ,/• � „1 '„ ' ... ', �'�� � ' wry , ♦ A r .. s VA • ' •'~, -- { ,w �g it it t1/ r .� ♦ y .i . 1♦ A. 44 -47- APPMDIX 8 NEWS MEDIA Sun Nmmpapers Twin Cities NOW 6601 W. 78th Street 427 - 4th Street S.E#204 ' Edina, MN 55435 Minneapolis, MN 554i4 aoldllowwr, Women's Free Press Twin City Observer ;�•';� ; P.O. Boat 8341, 23 South 6th Street• t Lake Street Station Minneapolis, MN 35415 1� Minneapolis, MN 55404 ;�'s, -' c Women's Clearinghouse f; .< �� • IL Minneapolis Spokesman 1507 University Avenue S. E. �d 14k 3744 - . 4th Avenue South Minneapolis, MN 55401 r W a Minneapolis, MN 55401 2< The Trprail r•���1•�- " P P.O. Box 19206 2533 zUNiper aoll•�Avanlbdiats Center ,-,��r•; •, ;., A ue ..,, '. Diamond Lake Station Minneapolis . MN 55407 s '= Mier -.olis � MN 55419 ,to �, n.r ► a•"Minnesota Minnesota women's Political "Caucus Newsletter � • � �:. ` �j 1130 Niaollet Avenue JC•'` ' • Room 100 Minaespolis, M'1 55415 iy, •' "Twin Cltlii Courier • 84 .South 6th Street w;-�•,�,. • e•1A1tlnewlis. MQd 55515lo' . kihibeapolis Star and Tribune ••'p ► w= '�'' :: �• j ,..4Z3 Portland Avenue • ;. , . Xinneapolis, MN 55415 all Vlpw IA w %r r� N 7 1 r. 1 •� �• •+ v 7 t: ..,rr � �sa ,i .�.t1r '�'���. • ��� .�, b ,,� .r y.esjr ill • i '..Ob APPENDIX .f� t Equal Employment Ownrtlmlty Report !, or Contractors. Sub-Zo tractors and Vendors tal Employment S of Total.a:: le Femle Minorl 1 f 10 1 h Workers ' Clerical fts killed ties srn11-s Med ` 4 VOW-0. 41 6 EMU 1 1 •'te�r,t��r L . .. ` Ihlbz`�,Oe�ci'i tons of - Job - • oR Categories are attached. '.•'t7rehOratlo requlrea all contractors, sub- contractors stldK�' t0 pt'ortde lntontitlod concerning their efforts - in the MplQysisn4 of��.'• ' . • ties ' an romen . P1 eate� AnsMer• the fol l oM1 nt auNt tons : �4AIMA-Plt, rttsd- • coA'nt E� 6p16ystsnt 4Pip!'tuMtJ► inforrttMi Mport Nsi; .f'lntistief�ihed.sa •sft� ' �+ R• It�sl�Y��sctlat.propre�t YES' r•:..' + f ptsba txplsins � , �, .•""'_' �• , z''d6vany News: Telephone 606wo Mines w01 o Address '`'�,�t._ ,t„�,r•,��..fi.' ''\. �� ,I '� . �'t �� ss ttnt chart t � ~� � '�' � � • ��'� 1't tle + .Y: 10 �•1 Jj � ' �S! TAL Officials and Managers -49- Occupations requiring administrative personnel who set broad policies, exercise over-all responsibility for execution of these policies. and direct individual t departments or special phases of a firm's operations. Includes: officials. executives, middle management, plant managers, department managers 'and superin tendents, salaried foremen who are members of management, purchasing agents and i.Otp►ers, and kindred workers. h9fessione 1s 4, •1 Occupations requiring zither college graduation or experience or_ such kind and ;i"amount as to provide a comparable background. Includes: accountants and auditors. r� ' airplane• pilots and navigators, architects, artists, chemists. designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural I.'�- scientists, registered professional nurses, personnel and labor relations workers# physical scientists, physicians, social scigntists, teachers and kindred workers.'}y;� chnJ cjans . }A, Occupations requiring a combination of basic scientific knowledge and manual;"". A, Occupations be obtained through about 2 years of post high schoO educe such as is•offered in mary technical institutes and.1junior colleges. or thretpA equivalent'oar-the-job training. Includes: computer progralmners and oprratprs.� Mitsisa1;!Onginevring �ideL, Junior engineers, mathesrt cal aides, licensa�'g�y ' tigj;bf'..vocational nurses, photographers, radio operators, scientific •:. �� istsrrtt•surveyors, technical illustrators, technicans (medical, dental. Y i y` +�T ' r �lrsAft%pltysical $cianus) and kindred workers. '��^�y lief , �.: . •• , � `��+ Occupations engaging wholly or primarily in direct selling. Includes: Z: At advertising agents and salesmen, insurarce agents and brokers, r•eai estate a is and brokers. stock and bond salesvan,. demonstrators. salesmen and sales • Clerks, grocery clerks and cashier -checkers, and kindred workers. ►�` `o-fln And -Clerical •' • � •'' "`•,::��' � *e���. Plicludes all clerical -type work regardlesv of lawsl ofidifficulty, where the , , ,�. a , .activities are prtdaeinantly non -annual though spa» manual Mork not Directly T. involved Muth alltering or transporting the products. is included. Includes: .t. r' kkeepsrt, coshiers, collectors (bills and accounts), messengers and officer• U boys, office'machine operators, shipping and receiving clerks. stenographers, . typists and secretaries, telegraph and telephone "orators, and kindred workers. •. ,. IL. • P r ° ..!yam; �•''.r.,r • ;�.e` r'' 16 *Mai workers of ge relativelyr•'Aigh skill level having a' thorough and cam�reM�siw . knowledof the processes, involved in their work. Exercise considerable independent judgment and ui,,ally receive an extensive period of training. lKlud"1 ' tho buildi►l trade$, hourly paid foreman and leadmen who are not siis Mrs of ;.�� `"• mano"ment, mechanic$ and repairmen, skilled machining occupations. compositors -�, and typesetters, electricians, engravers, job setters �mata ), motion picture •ma�yy '±, . ►;;, r projectionists, pattern and model makers, stationary engineers, tailors •nd tai loresses, and kindred workers, !` 0_peratives se+niskiiI(A) ._ i•a Workers who operate machine ­essing equipment or perform other factory - type duties of intermediatc a1 which can be mastered in it few week; and require only limited t ludes: apprentices (auto mechanics plumbers, bricklayers, carpet. _tricians, machinists, mechanics, building trades, metalworking c, printing trades, etc.), operatives, :•'., attendants (auto service and parking), blasters, chauffeurs, deliverymen and. routemen dressmaker: and seamstresses (except factory), dryers, furnacemen, , heaters tmetal), laundry and dry cleaning operatives, milliners, mine operatives: and laborers, motormen, oilers and greasers (except auto), painters (except construction and maintenance), photographic process workers, stationary firemen. , `�.. truck and tractor drivers, weavers (textile), welders and flamecutters, and -`: �.•ti�4 kindred workers. ►, Laborers (unskilled) n which generally require no special training. •n Yorkers 1n manual ocrs.r.cio s g Y req Perrone elassentary ducles that may be learned in a few d ys and require the r� application of little or no independent judgment. Includes: garage laborers.`. %;ar washers and greasers, gardeners (except farm) and groundskeepers, long '' lumbermen, raftsmen and wood choppers, laborers W11i* �'horeewen and stevedores, rming lifting, digging, mixing, loading and pulling �perattons and ed workers, rke ' rkersin both protective and nonprotective service occupations. Includes: ,•��.`,► � - r t`•-'attendants (hospital and other institution, professional and personal service, Including nurses aides and orderlies), barbers, charwomen and cleaners, cooks , , s ai, a. (except household) counter and fountain workers, el"ator operators, firerA ,� send fire protection, guards, watchmen and doorkeepers, stewards, Janitors, pollam and detectives, porters, waiters and waitresses, and kindrewd rorkbrs;46 It .. • ,.f •.x s{'tom � • � _ ,era,,- Ti • �.1• - .�►1►sAMON .� -1- 6 1 -T j. Period e Protec ive Lisp Worker + +a Major o gary Total Anticipat- AnItticiDa Hires -i ti ons Job Classifi- Employees Minority ad Open- o r 1 1 e in a e emal e • eme� e 1 Police Officers i 1 [Police Ser eanta 1 Technicians Major Job Cat; -gory job Classifi- Total Employees 1Unority Anti cipat- ed Open- Antici ated Hires Total MinorityTotal Ici: ..ed -,z-jw i cations Male Female Male Female inxs a�emal a F•. .Appraiser 1 Building Ia.s ector ! r , it of &LOAM 4 ii!fr' v ,t Ai i i �YMi l� . j Offi Kajor Job Category ZI- ' f Job Classifi- Total Employees Minority Anticiprt ed Open- t TO c ions Total cations Male Female Male Female ings Kai# e_ City Manager/ City Cleric 1 Finance Direc*-)r Treasurer Assessor v ♦da-niis*rator Public Utilities' ckmervifio 1 Police Chief 1 Public Yoricr Kaix- tenance Superviscr 4 - quor Store Kan&xer Golf Course Superintendent Deputy Treasurer 1 V Y NNA AFFIRMAnyt GOALS s - ?-I=Z§ So 1 34-77 Period very C,- •Major oCategory Tote Anticipst t ed tic oti Job Claaaifi Employeez Minority ed Open- t cations u � Clerk City -- Account Cleric fusessing Clerk i 2 t N Li �T rk 2 Skilledt .4.a3or Job Cm%,egory :"otal Anticipa` 1 i a ed lfli Au ci ;Job Maaaifi- F�mpioyees Niaority ed Opem- _ --� Strr-vt Mainten- Me►ch&n l c PaIntemAme - •:--'*�+'��'^'N•-►•►�!.:-;�..�.!'�t -�, t..,.-'•fit �.' Z�,� • , J�}''t `.. •• -^tom i'. _ . ���,,,/ �• GITIr 4i► t7i0lIQ UTILIUnow AM -TUB r�lER2 •J ii.. .yam •'i - ' ��,�. - \.j� ,ti Ka jor EEO-1 Job Category Total or of 11-Time loyess Total Number of Vales Total Number of Total Minoritymd on-Kinrity Noma a 5 b al pUc, •its attar a oi�.' flea s.M.B.A. b7 se+ sand ■iawlties Rieoritieq �_umbe-yno. _. `lleoriti� L-,,t employer« : �.,,. =' bale pesale Officials and Managers 10 8 1 2 18% Technicians 2 2 F:-otective Ser- vice Yorkers 8 8 - -. � Officc and Clerical 8 8 100% 6.2 .2 Skilled ' Craftsaen 8 8 7.5 1j,y T0lAL 36 26 10 27.7% 18.9 123.4 NOTE: The statists.-- provided above are those effective July 1, 1976. Information ah,-wn under the column entitled Occupat:.on of Employed Persons was obtained from the M'-nnesota Department of raployment Services as derived Van data on job oWlicaets re- gistered with the Department of Emp?oyment Services. a ti 4 42988.3 V`- TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato t DATE: April 29, 1988 SUBJECT: County Road 15 - Street Lighting ATTACHMENTS: A. County Road 15 Memo Dated 3/21/88 B. County Road 1' Memo Dated 4/21/88 ISSUE 1. Presentation to Council of information regarding the County's administrative charges as it relates to street lighting. 2. Presentation of updated financial information regarding County Road 15 prior to the pub*.ic hearing on May 23, 1988. 3. Review of a r+--tjest by staff for approval of a portion of the street lightin; OTCJect prior to the puhlic hearing. 4. Information regarding payment to Hennepin County. INTRODUCTION - At the Counci l's last meeting the Council .,cted staff to set the puhlic hearing for the 23rd of May Lur the possible assessment of property for the street lighting along County Road 15. DISCUSSION - Issue 1. County Administrative Charles The best information the City has been given at this point is that the County desires to exercise an 8% contract administration charge, which is slightly less than the 10% they have a right to and also less than a 10% charge levied against the City of Mound. This totals $9,083 and makes the total for the street 1 ightiny project to he $122,624.22 plus $4,500 for the feasibility study. The City however, could choose to reduce the scope of the project as it goes east of County Road 19 -:s noted on Attachment C L_ ' ,cing the project cost by $2,300. Issue �2. Financial Infr rmation as Amended by tho Rer-ent Project Costs both Proposed and Modified. 3/21/88 'Memo Present Net Difference ;Pneral/MSA 384,000 414,123 30,123.25 Special Assessment 0'9,00; Y10 Total ,000 511,123 30,123.25 Issue 3. Partial_ Project Approval - The contractor has indicated that in order _ to save money on the project it would be best that the City authorize four crossings of cable for a total of $1,184. Should the City not be able to do that and having to wait until after the 23rd, the cost is going to be $2,463. This portion is independent of the balance of the project if the City chooses to go ahead with it, however, this portion could not be assessed to the public. Issue 4. The County has finally transmitted a bill to Orono for the 10% deposit as outlined in the City's agreement with the County. This is 10% of the construction. (Right-of-way costs will be billed later.) This is included in this claims payment for $24,910.71. ALTERNATIVES - ISSUE 1 1. Receipt of information 2. Direct reduction of the project size 3. Direct staff to further attempt to reduce the cost 4. Table the matter until the 23rd ISSUE 2 Financial Information 1. Accept information 2. Suggest alternative financing arrangements ISSUE 3 Cable Crossing Authorization 1. Approve as presented 2. Table 3. Reject ISSUE 4 Down Payment 1. Acknowledge 2. Table RECOMMENDATION - It is recommended that the Council direct staff to wtrk_further with the County regarding the administrative charge and down payment, and discuss the possible reduction in the plan size, that the ",-ricil accept the financial information a•.d approve a project v:) lay underground cable at four points along -ounty Road 15 for a total of c 1, 184. P'(OPOSED MOTION - Moved by _ seconded by _ , that the Council o eirect staff to work further on reducing the cst of the project, authorize the cable crossing of four cables as an independent project and acknowledge payment of the down payment for the project ac agreed to in the County 15 Agreement. Ayes __, Nays 42188.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administratoo DATE: April 21, 1988 SUBJECT: County Road 15 Street Lighting - Design Engineer Report Attachment: A. Engineer's Report - County Road 15 Street Lighting - Ehlers and Associates B. County Rc•,d 15 Lighting and Financing Memo Dated 3/21/88 (No Attachments) C. Engineer's Proposal (not included) D. Lighting Layout Plan (not included) ISSUES - i. Determine if the City desires to further pursue the issue of City owned liqhting on County Road 15. 2. If so, setting of a public hearing date. 3. If a public hearing date is set, determine preliminary amount to be assessed. 4. Determination as to whether she Council desires to go out for bid or accept this as an addendum to the Hennepin County contract with the lighting company. INTRODUCTION - MEA CULPA - At the March 28, 1988 meeting the Council approved the undertaking of a feasibility study by Ehlers and Associates for the street lighting on County Road 15. At the time the estimate was $92,090 for the lights plus $4,590 for the feasibility study. For a total of $97,000. As noted in the rep.:rt this has changed. DISCUSSION - The current amount proposed for the contract is _ $113,720. This is almost $20,000 more than had been originally anticipated in the preliminary estimate. Despite a 2% decreaae by the bidder for amending the contract Ehlers had not estimated cabling on both sides in order to allow the lights to be on alternate sides of the road. This amounted to about 95% of the increase in expenditure. In addition, as noted the County now has indicated that as this is a County contract they have a right to an additional $11,300 if they choose to exercise their contract administration provision. At present we do not have a response back from them as to whether they would actually enforce this or if they had charged this amount against the City of Mound in their street lighting. We hope to have an answer for you on Monday night. I Should the City choose to go out and bid this project out rather than go with a contract addendum, it may have an impact as to whether it will later be able utilize the proposed contract price as an addendum. If the City chooses to bid it should have it bid by the date for the public hearing, although enough time exists to have that done. The City of Spring Park's estimate on the feasibility was $25,000 over what they had previously been given. Apparently for similar reason. (It should additionally be noted that NSP has been contacted and would be willing to bury most of the electrical lines along County 15 for the "reasonable" price of ($200,000)). ALTERNATIVES - Issue 1. Determination to go ahead A. Agrae to go ahead at the higher price B. Choose to do nothing further C. Table Issue 2. Set a public hearing date if going ahead A. Set a date for May 23, 1988 B. Table Issue 3. Preliminary financing A. Choose to assess $113,000 plus a portion of the 10% (This would raise the estimates in Attacnment B by about 20%) B. Assess the $97,000 and have the City pay for the overage e:;...er through MSA or general tax funds C. City pay for the entire amount of street lighting D. Not go ahead Issue 4. Determination as to bid A. Make this as an addendum to the present contract B. Bid to see if we can get a better price than the current contract in existance C. Table RECOMMENDATION - It is recommended that despite the increase in coat the City go ahead setting a public hearing date for May 23, 1988 to assess $97,900 of the total cost with the balance to come out of MSA/General funds. PROPOSED MOTION - Moved by seconded b , that the City �t May 23, 1988 as the public ea ring date for assessing $97,000 in street lights costs frith the balance to come out of MSA eneral funds. Ayes F.Ays cc: Ehlers and Associates 2 ROBERT A. ELLER ASSOCIATES, INC. CONSULTING ENGINEERS (ELECTRICAL) EDINA OF7.10E • 5513 VALI- Y LANE • EOINA. MN 55435 • (612) 941 21186 MINNFTONKA OI7.1CF. • 144071ICF:ISION RIND • M7XA. MN 55345 • (612) 431.0190 April 19, 1988 Mr. John Gerhardson Mayor be City Council City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Gerhardson: Attached is a copy of the bid price for the street lighting on County Road 015, submitted by Killmer Electric Co. , Inc. who has the contract for street lighting and traffic signal owrk on the County Road 015 projects. In general, the bid prices are a little over 251, less the bid prices in the City of Mound on the original contract. This is because of the incrt,tee in quanities of lighting units and the large amount of underground wire. Hennepin County has added on tho cost, $800. 00, of an additional light and mast arm at the traffic si) vial installation of C. S. A. H. 015 and #19. Also note that the City is subs ct to a 1001 contract administration charge by Hennepin County. It is recommended that the City accept this bid by Killmer Electric Co. I do not think that the City would receive better bid prices by going to the competitive bidding process. If you have any questions on this, please contact Mr. Robert Eller or myself. Robert A. Eller Associates ames E. Regan CITY OF ORONO, MINNESOTA COUNTY ROAD 015 STREET LIGHTING UNIT PRICE SCHEDULE Lighting 'Units Type 8D-35 Service Panels Type PM 1 1/2" RSC Conduit 1 1/2" Non Metallic Conduit 2" RSC Conduit Undrgrd, Wire 1 Cond. No. 6 Undrgrd, Wire 1 Cond. No. 12 Light Bases Design M Additional Lighting Unit On ea ea. LF LF LF LF I.F ea L 4 660 1180 262 56442 3960 36 Signal MA 2 at CSAH 19 ea. 1 * Total Price If pad mounted services are required, add to service panel price $300.00 each. If bases are icutalled without lighting units, add $45.00 each to Design N bases. //79.Ao gAyep•Ge a410.06 JoY71•as Al.yo R9°yam 3 377G•aa ,S• yfo / N � yl • lf6 d �7 37p Q.� 6C a. ae 960. o+ 800.00 800.00 $113,540.94 • Subject to a 10% contract administration charge by Hennepin County as per City of Mound agreement. 32288.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator` DATE: March 21, 1988 ` SUBJECT: County Road 15 Lighting and Financing Attachments: A. County Road 15 Memo Dated 2/8/88 B. County Road 15 Memo Dated 10/22/87 C. City of Mound County Road 15 Memo D. Resolution for Feasibility /(r ISSUES Issue 1. - Street Lighting - A. Determination as to the type of lighting the City would like on County Road 15 B. Means to finance the lighting C. Selection of design engineer to undertake the project if the City desires to do project _Issue 2. - County Road 15 - Financing - Determination as to method of financing the project. INTRODUCTION - At the Counciv s rebruary 22, 1988 meeting the issues regarding lighting and financing were discussed. The issues were tabled at that time as councilmembers wanted more time to consider the issues related to lights, together with more time to think through the ramifications of the financing. 7n a L, 'Pw c the financing on the prod~ct as to appropriate dates regardi ayuired actions, the staff has come to the determination that the City Bill not be able to use special assessments for the portions being done by < ti,e County as the contract has been awarded before the City held its firs: formal special assessment hearing. This limits the City's options on that portion to General Fund and Municipal State Aid monies (which w&s originally contemplated as noted in Appendix B) together with an impact on bonding and special levies. The City could still use special assessments for the lighting if it chose to do such. DISCUSSION - ISStJE NO . 1 - STREET LIGHTING A. Joint City Project - There is a savings of approximately $1,000 per City shou_.d the City of Spring Park and Orono jointly use thl same design engineer for their project. The City of Spring Pr_rk is interested in such an arrangement any' at their March 21st meeting they decided to go ahead with such a project. County Road 15 Lighting and Financing March 21, 1988 Page 2 of 4 B. Design Engineer - As noted before the City has contacted Mr. Robert Eller, Consulting Engineer, to do the electrical design. His initial indication for the City of Orono that it would cost $5,500 to do the design. A joint effort of the two Cities of Spring Park and Orono would save approximately $1,000 for each one. The cost to have the engineering work done by Bonestroo is in the range of $6-7,000 as opposed to the $4,500-5,500 figure we are looking at from Mr. Eller. Mr. Eller is also tie one that did the design layout for the Mound system. C. Financing - The cost of the lights can either be done by a special assessment or could be done through general or MSA financing. The City of Mound assessed 50% of their cost of street lights, which totaled approximately $127,400 for their project of whicn approximately $64,000 was assessed at a cost per foot of $14.58 for commercial property and $9.72 for residential •.roperty. (This is for a 100 foot spacing between lights.) The adopted proposal would run the lights from Commerce Boulevard to Fairview. They did not choose to run it from Fairview to Bartlett although they are now contemplating additional lights by Seaton Bridge. Comparable costs for Orono is $97,000 which would result in a commercial assessment of about $3.50 for residential and $7.00 for commercial at the 50% assessment level. (The 100% assessment for this project would alternatively be $7.00 and $ 1 4.00 for the project.) The higher cost in Mound is due to the closer 100 foot spacing versus the 140 foot proposed here together with the fact that approximately 30% of the front foc.tage to be assessed was owned b, he City and therefore not assessed. The City of Mound used MSA furci. :or their share for the balance of the 50%. D. An example of the current lightinc; exists both on Commerce Boulevard in Mound together with Carlson Parkway north of Highway 12. Utilization of this lighting system would remove 7 of existing wooden poles along County Road 15. The poles remaining would the north side of County 15 between Navarre Avenue and the City limits. Issue No. 2 Financing - To t.,,: extent the City is not going to specially assess for its expenses on County Road 15 to at least the 20% level financing will have to come from internal or MSA sources. '3hould the Council choose to assess the $97,00" amount, the range of options are as follows (other combinations within the range ar#_ also possible): County Road 15 Lighting and Financing March 21, 198F Page 3 of 4 (Annual Cost/General) General Fund (10 r 6.58) it 384,000 53,500 i2 284,000 40,435 #3 184,000 25,600 #4 100,000 13,900 A5 0 0 ALTERNATIVES - Issue 1 Street Lighting Special Municipal (Est. Assessment State AO Net Doss of M_SA) 97,000 0 0 97,000 100,000 (14,200) 97,000 200,000 (21,750) 97,000 284,000 (30,800) 97,000 384,000 (42,000) a. Citv owned street lighting Adopt Amend and adopt Table Reject b. Consulting design engineer Appoint Table C. Financing Adopt recommendation Amend and adopt Table Reject Issue 2. Method of Financing - County Road 15 Sources Adopt recommendation, order feasibility, and set hearing schedule Allocations Amend and adopt Table Means of Financing Finance through MSA Internal sour^es RECOMMENDATION - Issue I - Street Lighting a. Type �of Lighting - 't is recommended that the t:: : with the City owned lighti.n. to replace the existing wooden poles. b. Consultant - Consulti_.nn besign Engineer - It is recommended that the City go with Robert F.11t. in conjunction with the City of Spring Park to do the design of the project. C. Method of Financing - It is recommended that the City assess the total or $97 . nn County Road 15 Lighting and Financing March 21, 1988 Page 4 of 4 Issue 2 - Method of Financing A. Sources of Revenue - The following is recommended as a source of revenue .for the project: Project Costs - $481,000 Financing - General Fund 184,000 Municipal State Aid 200,000 Special Assessment 97,000 $481,000 PROPOSED MOTION - Moved by r, seconded by that the Council direct staff to make the necessary preparation for C- y owned lighting projec': on County 15 and finance the project by $,_ from General Fund - internal sources and $ from its MSA monies direct ng the feasibility study and setting a hearing date. Ayes _, Nays _ 5488.5 T'O: ,yor and City Council4. , Bernhardson City FROM- s L k y Administrates DATE: May 5, 1988 3 i SUBJECT: Ord i nanc.e Amendment - Noisy Parties Attachments: A. Kilbo Memo Dated 5/4/88 B. i'ophan Haik Letter Dated 4/21/88 C. Pophain Haik Letter Dated May 2, 1988 D. Chief Kilbo Letter Dated 2/24/87 F. Or(li nan( a No. 9.2() and 9.21 ISSUE - 1. Presentation of -1,rategy to deal wit" large parties by underage individuals. "_. Adoption of one Plenent to he;1 deal with the prohlpm. INTRODUCTION - The police department has been frustrated in their efforts over the years to deal with -arties in which there are larg- numbers of otten underaged individuals who are engaged in alcohol consumption. Part of the problem revolves -round: 1. The fact that un'ess there is probable cause the officAr Is not ahle to enter the pr,�mises, even w--ih a st rch warrant. 2. It is often difficult to prove nnsumption of alcoholic beverages by minors. 3. That they have been situations w,iere parents have actually b-.:;i home when consumption has been taking pltice and either claim that they are unaware of it or that they thought that it was legal to undertake such when the minors parents were not 1.resent. DISCUSSION - The objectives that the police department is trying io- ach e-ve eventually in a comprehensive -nanner is to: a. Appropriately resprnl to c-omplaints of noisy parties rr-' +here appropriate, break those up. Reju-v the op},-rtunities for consumptior, of alcohol by minors in '.arae gatherings. c. Limit the number of intoxicated drivers, na ,ticularly those Under age. AS noted in lktto :,it•nt B the first means to get at chi., is to put a sirs decini`iv#- noise policy in the ordinance. P.-esent:y under Ordina--�cv section 9.20 there is only very genet al langu-ge 1 regarding noise control and this more specific ordinan( , which nas been used by several other communities, gives police officers a definitive handle in the cise of noisy parties. The police department is working on further efforts to develop or.linance language to get at the individuals who do permit the consumption of alcohol by minors. ALTERNATIVES - 1. Presentat'.on of strategy a. Accept b. Re^ommend changes c. Table 2. Ordinance amendment - noisy parties a. Adopt b. Amend and adopt c. ",I -le RFCOMMrNDATIO_N - Tt '.s recommended that the Council adopt amendraer.ts -.n Ordinarce No. 9.20 and 9.21 as outlined in Attachment C to more specifically lay out means by which tc -gulate noise often generated by large parties. PROPOSED MOTION - Moved by , secondetl by , that Council adopt Ordinance No. , Second Series as an amendment to Section 9.20 and 9.21 to more definatively .egulate parties which generate an inordinate amount of noise. Ayes Nays cc: Brian Czawford, Popham Hein DATE: May 4, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police SUBJECT: Noisy Party Ordinance The Police Department and our City Attorney have been working on a "party" ordinance for several years. We are concerned about the proliferation of house parties in our jurisdiction involving juveniles and minors drinking. Several citizens groups have talked to the department about our response and the law controlling this r .onse. I have reviewed the p..t.rsed ordinance and the change to the current Orono Public Nut -sauce Statute (section 9.21) as needed tools for our use and will continue to work with our attorneys to refine the issues and our response to it. I request that the Council pass these two pieces of legislation. WATNE G.POPHAH RAYMOND A. HAIR ROGER W.SCHNOSRICH DENVER KAUFMAN ROBE AT A. MINIS" ADLIC A. WOROEN O. MARC WHITCHEAO BRVCC 0.'N1LL13 Fa EOERICK S. RICHARD$ O. RUBE AT JOHNSON G ARY R MACOM BER ROBE RT K S. sup M UGH V. PLUNK[TT, III F R[DEA IC C. BROWN THOMAS K.BERO JAMES R ST CILCN JAMES ! ,0CK HART ALLEN W. HINDERAKER C LIFFORO M. GREENE D. WILLIAM KAUIMAN M ICHAEL O.FREEMAFI HOWARD SAM Mr F. PS. III LAPRY D. ESPEL JANIE a. MAYERON THOMAS J.BARRETT P0PHAI . HAIK,SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFF RAY TOWER MINNEAPOLIS. MINNESOTA 55402 JAMES A. PAYNE TELEPHONE D. RANDALL 1L'''r- It DAVID A. JONE$ 612-333-4800 BRIAN N. JL1.'. S0" LEE E.SHEEHY TIMOTHY W, KUCIL ALAIN ,R[CON TELECOPIER CAROL B. SWANSON tESLIC GILLETTE 1331812^]]I.2n7 BRVCC A. PCT[RSON MICHAEL T.NILAN I]P1 a12-7]4-2791 JULIE A. SWEITZER ROBERT H. LYNN THOMAS C. MICLf NHAU SEN T HOM AS M. SIPKINS 13II6Ii-374-2503 MICHAEL O. CHRISTENSON ROBERY C.IAOILANEN J MIC' AEL SCHWARTZ THOM AS F. NEI SON TODD M �OHNSON THOMAS J RADIO SUITE 2400 )EFFNEY P. CAIRNS DAV1D L. HAS MMALL 1200 SEVENTEENTH STAILET LOUIS P. SMITH K ATMLEEN M.MARTIN DENVER. C0L0RADO 00202 H. LITTLE J OHN G. CI+•LDS TELEPHONE 303-a93-1200 'BCE MARK F. :A "A RUS$ELL S. PON[SSA DOUGLAS r' SEATON THOMAS E. SANNFR TCLECOPIER ]07-09]-2194 BRYAN L. CRAW♦ORD R I CHAPD A. KAPLAN MATTHEW C. DAMON BRUCE a. MC PHEETERg SUITE 300 SOUTH JOHN W. PROW SCOTT E. RI _MTER Ia00 M STREET, N. W. ELLEN SUE PARKER PAUL J. UNSTROTH WASHINGTON, D. C. 20036 GREGORY O. BROOKER SCOTT A. SMITH TEI_EPHO,:[ 202-826-5700 WILLIAM M. OJILE. JR. 00NAL0 M. LEWIS TERRANCE A. COSTELLO [L12ABCTH A.TMOMPSON TELECOPIEP 202-a2B-S]19 JOSEPM O. VA$3 K[I TM J. MALLELAND DIRECT DIAL NUMEiER BR IAN W. OHM MARK a.PETCRSON STr:V[N A. CHCLCSNIK 334-2E87 April 21, 1988 ,lames Ventura, Esq. KOEN.LG, FOBIN, JOHNSON & WOOD 730 East Lake Street Wayzata, NN 55391 GREr.ORY O. SCOTT RJSANNE 0. 2AIDENWC8ER RODEaT C•CASTIE• T'IERESE M. HANKCL JULIE FLEMINU-WOLFE DEBORAH A. DISON LACMERY ..JONES BENSON K. WHITNEY KATHRYN M. WALKER GEORGEJ. SOCHA 5"AN9 R. KELLEY SUSAN M. WEI$ MARK F. TEN EYCK it C) NE R, NOECA . OF COUNILL IRE. L.MORRISON .AOMITTLO IN IOWA . ADMI TTLO 1N ILL1M01• Re: "Noisy Party" Ordinance Dear Jim: Fnc_loseli is a copy of a proposed "pdoisy Party" ordinance. This is very similar to the nloomington ordinance we reviewed earlier. Hie should be ready to submit a lroposalto the city council on April 2E. The current Orono noise ordinance is also enclosed (Section Q.20). I reconmend that the proposed "Party" ordinance be kept separate but that the current ordinance also be left intact. Also, I have enclosed a change to the current Orono Public Nuisance Statute (Section 9.21) which may also provide us with a means of r_cmhattir.q minor consumption at "regular" party spots in Orono. Please give we <a call and we can discuss this further. Very truly yours, 1 E31,yan I.. Crawford BI,C: srp: 32311, enclosure f Police (w/enc.)�cc: Melvin Nflbo, Chiefo�- Arlo VandeVegte, Escl. (w/enc . ) Thomas J. Barrett, Erq. (w/enc.) PROPOSED ORONO CITY ORDINANCE SEC. 9 PARTICIPATION IN NOISY PARTIES OR GATHERINGS (a) No person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet, or repose of other persons. (b) A police officer may order all persons present at such party or gathering other than the owners, residents or tenants of the building or place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this ordinance. (c) Arii owner, tenant or resident of the buildinq c, place who has ki,owledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this Division. 3198L 5 9.20 SEC. 9.20. DISORDERLY CONDUCT. It i, unlawful for any person, in a public or private place, knowing, or havirj reasonable grounds to Know, that it will, -)r will tend to, 'harm, anger or disturb others or provoke any assault or breach of the peace, to do the following: (1) engage in brawling or fighting; or, (2) disturb an assembly or meeting, not unlawful in its character; or, (.-) engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others; or, (4) willfully and lewdly expose his person or the private parts thereof, or procure another to so expose himself; and any open or gross lewdness or lascivious behavior, or any act of public indecency; or, (5) whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when said waters are not properly supervised by trained life-saving personnel in atten- dance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public; or, (6) urinate or defecate in a place other than (a) if on public property then in a plumbing fixture provided for that purpose, or (b) if on the private property of another then in a plumbing fixture provided for that purpose, or (c) if on private property not owned or con- trolled by another, then within a building; or, (7) cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or • other vehicle horn; or, (8) use a sound amplifier upon streets and public property without prior written permission from the City; or, (9) use a flash or spotlight in a manner so as to annoy or endanger others; or, (10) cause defacement, destruction, or otherwise damage to any premises or any property located thereon; or, (11) strew, scatter, litter, throw, dispose of or deposit any refuse, garbage, or rubbish unto any premises except into recepta-cle-s provided for such purpose; or, (12) enter any motor vehicle of another without the consent of the owner or operator; or, (13) fail or refuse Lo vacate or leave any premises after being requesced or ordered, whether orally or in writing, to do so, ty the owner, or person in charge thereof, or by any law enforcement agent or official; pro- vided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present t`er-ion at that time as part of his official duty, nor shall it include the wife, children, employee or tenant of such owner or occupier. SEC. 9.21. PUBLIC NUISANCE. It is unlawful for any person to maintain a public nuisance by his act or failure to pertorm a legal duty, and for purposes of this Section, a public nuisance shall be defined as any of the following: (1) maintaining or permitting a condition which unreasonablf annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or, (2) interfering with, obstructing or ren,leriny dangerous for passage, any street, public right -of. -way, or waters used by the public; or, (3) any other act or omission declared by 1aw to be a public nuisance. ORONO CC 213 (4-1-84) 5 9.22 • SEC. 9.22. PERMITTING A PUBLIC NUISANCE. It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the same to another knowing it is to be so used. • 0 Source: City Code Effective Date: 4-1-84 (Sections 9.23 through 9.29, inclusive, reserved for future expansion.) ORS CC 214 ( 4 -1-04 ) SEC PUBLIC NUISANCE It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty, and for purposes of this Section, a public nuisance shall be defined as any of the following: (1) maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public; or, (2) interfering with, obstructinq or rendering dangerous for passage, any street, public right-of-wpy, or waters used by the public; or, (3) keeping, permitting or being present in a disorderly house or place of public resort kept for illegal purposes, including but not limited to prostitution, illegal gambling, illegal sale or consumption of intoxicating or nonintoxicating liquor, or illegal sale or use of controlled substances; or, (4) any other act or omission declared by law to be a public nuisance. 3198L -3- WA'INE G.POPHAM RAYMONO A NAIR R DOER W SCHNOBRICH DENV [R KAUFMAN Po BE RT A. MINISH ROLFE A. WORO[N G. MARC WHITEHEAD ■RUC[ O. WILL•5 FR EDEMICK S. RICHARD& G. ROBCRT JOHNSON G ARr R. MACONeER ROSE RT S BURR NUGN V. PLUNKETT. III FREDE R ICK C BROWN T Now AS K. BERG JAMES R,STEILCN JAMES B. LOCKNAPr ALLEN W. MINDERAKER CLIFFORD M.GREENE 0. WILLIA.I KAUFMAN MICMAEL O.FRCEMAN HOWARD SAM MYERS."I LARRY O. ESP(L J ANI[ S. MAYERON Y MOM AS J. BARRETT POPHAM, I"' IAIK,SCHNOBRiCH 6 KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 JAMES A. PAYNE TELEPHONE D. PANDALL SOYER DAVID A JONES 612-333-4800 BRIAN N.JOHNSON LEE E. SHEENY TIMOTHY W KUCK ALAIN iRECON 7[LLCOPI[R CAROL B. SWANSON LESLIE GILLETTE 1331618-334-27L3 BRUCE A. PETER5014 MICMAEL T.NILAN 13&1618-334-276. JULIE A. SWEITZER ROBERT M. LYNN T SOMAS C. MIELENNAUSEN THOMAS M. SIPKINS 1341 Oil -334-2503 MICMAEL O.CHPISTENSON ROBERT C. MOILANEN J-MICMAEL SCHWARTZ T NOMA8 F. NELSON TODD M. JOHNSON THOMAS J RADIO SUITE 2400 JEFFREY r. CAIRNS DAV 10 L.NASNMALL 1200 SEVCNTEENTM STREET LOUIS P. SMITH K ATM -([N M MARTIN r NVER. COLORADO 40202 BRUCE N. LITTLE J ON C. CH IL DS DOUGLAS P. SEATON TELEPHONE l03-ee3_1200 MARK F PALMA PUSSELL S PONESSA THOMAS E SANNER TEL[COPI ER 303-093-2194 BRYAN L CRAWFORD RICHARD A. KAPLAN MATTHEW E. DAMON BRUCE B.M<PHEETENS SUITE 300 SOUTH JOHN W.PROVO SCOTT C. RIGHTER 1600 M STREET, N. W. ELLEN SUE PARKER PAUL J. LINSTROYH WASHINGTON, 0. C. 20036 GREGORY G. an 0OK[R SCOT, A.SMITH TELEPHONE ROP-62e-6300 WILLIAM M. OJILE. Jr. DONALD M. LEWIS [L12 AB[TN A TMOM PBON T[LECOPI[R 202-e(e -S316 TERRANCE A. COSTELLO JOSEPN D. V45S KEITH J.MALLELAND DIRECT DIAL NUMBER eRIAN W. OHM MARK S. PETERSON STEVEN A. CHELESNIK 334-2687 May 2, 1988 GREGORY G.SCOIT ROSANNE G. 2AIDENWE SEP ROBERT C. CASTLE• THERESE M. MANKEL JULIE rLEMINO-WOLFE OEBORAM A. DYSON 2ACHERY M. JONES BENSON K. WHITNEY KATHRYN M. WALKER GEOPOE J. SOCNA SHANK R. KELL[Y SUSAN M. WEIS MARK F. TEN EYCK DUANE R. NOECRER OF COVNSEL FRED L.MORRISON •AOMITTEO 1N IOWA 'AOMITT[O 1N ILL1M01111 Melvin Kilbo, Chief of Police Mark F. Bernhardson City of vrono City Administrator Orono Police Department City of Orono P.O. Box 86 1335 South Brown Road Crystal Bay, Minnesota 55323 P.O. Box 66 "rystal Bay, Minnesota 55323 Re: City of Orono "Party" ordinance Gentlemen: I am enclosing some additional information with respect to Orono's proposed "party" ordinance. Specifically, I have included examples of "noisy party" ordinances enacted in several other local communities. Alsc, I have enclosed another version of the proposed ordinance which includes subdivisions (d) and (e) for your consideration. Lastly, I would ask that you consider amending the current disorderly conduct ordinance to address the noisy party problem directly by adopting a new subdiv.sion 8 to read as follows: Usinq of operating or permitti q the use or operation of any radf receiving set, musical instr phonograph, pagirq system, m, -t or CE0M[s��, D MAY -3W 4i May 2, 1988 page 2 other device for the production or reproduction of sounds in a distinct and loudly audible manner so as to distrub the peace, quiet, and comfort of any person nearby without prior written permission from the city. I will be contacting each of you to further discuss this matter prior to the upcoming city council meeting on May 9. Please call me with any questions you may have. BLC:srp:3305L enclosures Ver-yt,truly ours, ryan l PROPOSED ORONO CITY ORDINANCE SEC. 9 PARTICIPATION IN NOISY PARTIES OR GATHERINGS (a) No person shall congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature to disturb the peace, quiet, or repose of other perso,is. (b) A police officer may order all persons present at such party or gathering other than the owners, residents or tenants of the building or place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this ordinance. (c) Any owner, tenant or resident of the building or place who has knowledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this Division. (d) Any person violating or failing to comply with any provision of this ordinance shall upon conviction thereof, be guilty of a misdemeanor. (e) This ordinnnce shall be in full force and affect from and after its passage and publication according to law. 3198L F:n:�•_�n�� 'III 01 C i t `, of ORONO Is..% ., lit, V ,,,, . I.x • .. � ' • \t Uri tile, korth S1,or,• of Luk, 11ic.Irru r=.1 February 24, 1987 Scott Richter 4344 IDS Center Minneapolis, Minnesota 55402 Dear Scott, all '3 �,f+y MJ1. Kll Brs I am writing to you in preparation of our meeting in Marc, I am particularl;, concerned with our departments approach to tE age party calls. Here are some thoughts to consider when we meet. Issues They disturb the neighborhood because of parking problems, nose and subsequent litter. Underage drinking and drug use. Property damage to home and surrounding area. Contributions to chemical abuse. DWI charges/legal or underage. objectives Breaking up disturbance in residential areas. Discourage parties in home/outside drinking in cars. Discourage chemical use. Not allowi,ig driving while tinder the influence. Reasons to enter residences Noise - ordinance - noise meter Owner invitation Underage - spotting suspected drinking DWI arrest in area Special events ordinance/private party limitation IAmi tat ion Threshhold issue for entev Reason to enter house or curtilege Manpower Page 2. Parents or guardians not available. Understanding of the problem'•bv the court. Procedural guidelines Survey primary party time, Friday/Saturday nights. Directed patrol in areas that are problems. (Prior parties 6-8 months) Reserve Strength? Response on complaint Talk to people at house. Possible tips from neighbors -parents. Attempt to gain access if party does not break up. Means to gain access. Back up to "seal" streat if party breaks up. Note obvious drunks - from walk to car, talking to people leaving - underane drinkers ID'd. Ticket to party giver. If party does not break up and unable to gain access Noise - all parties involved become guilty. Monitor parties entering/leaving for age/level of intoxication/fo.LiOW *hem Look for alcoholic beverages/other drugs. Detain teens for illegal drinking/possession of alcohol. Bring to station - call parents. If unable to bring home, letter to follow - parents to respond. After a few successful party breakups, go to classes with permission of school to classes with kids ID'd and released. Tools *Persuasion at door *Letters to patents or homeowners citing development of pattern. *Detention - parents pick up kids/follow up with letter and citations. 'Citations for: underage drinking permitting underage to nkINK DWI possession of alcohol/drugs Curfew noise Appearance of officers involved - in schools of kids ID'd/non-threatening/ educational way. Monitor liquor outlets 5 - 7 hours in advance of parties Page 3. Assistant Hennepin County Attorney, John Tiernev, in a discussion, sug- gested we watch the activityaround the house - listen for loud noises, remember what you see or hear. However, under Payton vs N.V., the officer has no right to enter unless he sees or hears a crime occurring. Also you cannot make an arrest on probable cause alone (homicide). The officer must gain permission to enter the house - by search warrant, arrest warrant or consent. Once in the house, you can arrest for probable cause. I hope we can find some guidelines to assist us this summer. I am also sending you a draft copy of a proposed policy change for handling chemical abuse complaints during the summer. I will need vour advise, assistance and cooperation of our four prosecutors and the court to make it a success. I look for your comments. Sincerely, Melvin Kilbo Chief of Police MK:cjh enc. 1 P.S. I am also including curfew and harassment information for your review. 41588.7 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato)\\ u DATE: April 29, 1.988 SUBJECT: Amendment to Ordinance No. 9.05, Subd 14 - Waterfowl Attachments: A. 1972 Shadywood Memo Dated 3i23/88 R. City Attorney Mento Dated 4/22/88 C. Draft Ordinance Language ISSUE - 1. DetP-minatinn of approach regarding regulation of waterfowl feeding. 2. Adoption of language to undertake the direction. INTRODUCTION - At the Council's March 28, 1488 council meeting _ the staff_was directed to further pursue the matter regarding the feeding of waterfowl and as a first step presents an ordinance amendment to better define violations relating to the feeding of waterfowl. DISCUSSION - The City Attorney has outlined in Attachment B an approach to the regulation of the waterfowl not only on the property in question, 19-72 Shadywood, but generally in the community. Attachment C includes draft language for the implementation of staff's recommended direction. staff recommends a variation on the Attorney's office thought of 3 total or bay by hay restriction. This variation prohibits feeding within 200 yards of the lake. This should lessen the gathering in a problematic manner at the lakeshore. The migratory periods are from mid September to 1 December and from 1 March to 30 May. The 10/1 to 5/1 prohihition is to encourage such migration. The type, arrount anil frequency of feedings attempts to allow only apprcpriate feed on a non -routine basis to discourage regular pattern feeding by the birds. These prohibitions should he reasonably able to be enforced. Dr. Cooper at the University of Minnesota, who had assisted at the trial, roncucb this as a reasonable approach to limit congregation of waterfowl and their effects. Continuous feeding of ducks by ­�umans creates not only congregations that are unhealthy but a dependence on humans for their feeding is detrimental to their long term survival. While certain waterfowl can be observed to cluster naturally for limited periods of time on the lake this is generally onlyof a week ur two period during migratio I ALTERNATIVES Issue-r.� Selection of Regulatory Approaches for Ordinance 1.-Defermiriat�on as to whJ6 a. roach-(s)--fs most beneficial. 2. Table. Issue 2. Adoption of ordinance Language 1. Adopt ordinance language incorporating the desired approaches. 2. Amend and adopt. 3. Table. 4. Choose not to adopt any change. RECOMMENDATION - It ;s recommended that the Council adopt an approach through the appropriate ordinance language regulation of waterfowl feeding by restricting feeding. a.) During the migratory season. b.) Limiting it to a specific distance off lake to protect water qucA 1 i ty of the lake an,, reduce the degree of feeling co,icentration. c.) Limit feeding by amount; type and frequency. PROPOSED MOTION - Moved by , seconded by opthat the Council arlopt Ordinance , Second Series amending Ordinance No. regarding the feeding of waterfowl. Ayes , Nays ° To: Mayor Grahek & Orono Council Members c `�- Nrom: Mark E. Bernhardson, City Administratu�l�l Gate: March 23, 1988 Subject: 1972 Shadywood Road Attachments - A. Fredrick Brown Memo Dated 11j28/77 B. 1972 Shadywood Road Memo Dated 2/4/88 ISSUE - �1. Provide Council h information regarding the outcome of the jury trial for the violation of Ordinance 9.13, Subdivision 14. 2. Presentation as to further courses of action the City way choose to take. INTRODUCTION The property at 1972 Shadywood Ruad has been the subject of complaints commencing in 1977 regarding the continuous feeding of waterfowl by the resident at this address. At that time, the judge in the matter imposed a one year sentence that would be stayed providing that the resident must not engage in any feeding during the stay or be charged with any other violation of public ordinance, as noted in Attachment A. In 1982, he was again cited for violation of the public nuisance ordinance, but in a stipulation signed in 19811was given an ariount that he was allowed to feed. In 1984, the City passed Ordinance No. 9.13, Subdivision 14 that limited the feeding of water fowl in a manner that it would precipitate their congregation, cause problems with excrement, or alter their migratory patterns. During the spring of 1987, the City received complaints and d!xrina the summer of 1987 twice cited the resident of the above property for feeding the ducks. (The City only cites a violator twice for a nuisance type complaints before they are taken to court as judges generally dislike a series of tickets for the same violation prior to it being heard in a court.) After a couple of preliminary motions in front of the judge during the fall and early winter thin went to a jury trial on March 11, 1988 and the trial was concluded after five hours of deliberation on March 15, 1988. In a discussion with the jury foreperson, the City attorney was able to ascertain that neither the stipulation nor the fact of the congregation of ducks created a problem was an issue for the jury but the decision pivoted on the fact that there were only two instances cited for the feeding the clucks. The jury apparently did not feel that this constituted enough ferdrngs to create the nuisance that exists. The City did on its behalf have three neighbors together with Dr. James Cooper, r noted migratory water fowl expert from the University, testify indicating that thc, actions of the resident of 1.972 Shadywood Road were detrimental to the propertit•s owners with ter. Cooper testifying as to the dstrimant to the birds themselves. 1972 Shadywood Road March 23, 1988 Page 2 of 2 DISCUSSION - The + im of the ducks continues and at least one of the residents ill the is, fo).;owing the trial decision, again asking the City to resoZv iblem as the large congregation of ducks which is detrimental to the tl,`:- property and to the lake in front of their property. RDTERNAT r A. The City at this point could take the posi-.on that it is unable to demonstrate successfully to the judicial system that this is a problem that is creating a nuisance under its ordinance ar:d do nothing further. - 2. The City could amend the ordinance to more clearly delineate that the violation is the feeding not just the long term effect. 3. The City could further pursue the criminal route by having several observations, citations and warnings of the property owner continuing to feed the ducks to establish the pattern of multiple feedings over an extended period of time. 4. The City could pursue the civil injunction route as it had done successfully with the person who was using the trailer in Navarre to slaughter deer. This wou13 involve arguements in front of a judge anti if granted violations would beat the judges order rather than a City ordinance directly. 5. The City could look at other avenues for removing a nuisance such as having the University of Minnesota gather up the water fowl in the area and transport them to other places. This is generally limited to geese and the problem at 1972 was not only geese but a large congregation of ducks. This avenue as 1 understand it does involve substantial City expense for the gathering of the birds and there is no guarantee that they or other birds will not return to the site, particularly if the feeding continues. 6. Repeal of Ordinance No. 9.13, Subdivision 14 as a ban on water fowl feeding. R. Meeting Action: 1. Direct staff to undertake one of the avenues listed above. 2. Table. RECOMMENDATION - _ It is recommended that this issue be tabled for further consideration by Council and staff before undertaking further action. VROPOSFD MOTION: Moved by , seconded t:,y __, that the Council table + !+i s'� tem for f%�rther consideration. Ayes , nays cc•: Scout Richter, City !Attorney 2488.2 TO: r-layor and City Council FROM: Mark Bernhardson, City Administrator DATE: February 4, 1988 SUBJECT: 1972 Shadywood Road Attachments: A. 1972 Shadywood Road Memo Update B. Ordinance Section 9.13 ISSUE -Provision of information regarding the citations issued at the above address. INTRODUCTION - The issue addressed by the resident at last meetfng _ dates back to at least 1977. The City in 1982-83 proceeded to prosecute the case under a general nusiance ordinance. This was settled by the attached stipulation. Subsequent to the stipulation the City adopted Ordinance 9.13 Subd. 14 as noted in Attachment B. Following complaints in the spring of 1987 the City pursued a violation of this ordinance and as noted in Attachment A will also pursue violation of the stipulation related to efforts to discourage. The amount of feeding allowed in the 1983 stipulation appears excessive to try to accomplish the purpose of "efforts to discourage". In addition the subsequent ordinance is now being violated. The City's prosecutor is amenable to a negotiated settlement within the guidelines outlined in Attachment A. RECOMMENDATION - That Council accept information related to the citationLLat T972 Shadywood. Staff will have the City Attorney reiterate the desire to settle the matter short of trial with the resident's Attorney if it is within the guidelines outlined. PROPOSED MOTION - Moved by _, seconded by , that the Orono Council accept the information regarding the ordinance violation at 1972 Shadywood Road. Ayes _, Nays 5 9.12 les". than five regular business days. A regular bu:;in­;s day" is one during which the Pound is open for t= :s iness to the public for at least four hours between 8:00 o'clock ..A. and 7:00 o'clock P.M. Impoundment records shall be preserved for a minimum of six months and shall show (1) the description of the animal by specie, breed, sex, .approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and, (5) the name and address of the person to whom any animal three months of age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the cz�rcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Sectior. 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available t my such institution but may be destroyed after the expiration. of the five-day period. Subd. 11. Other Unlawful l 'ts. It is unlawful for the owner of any dog to (1) fail to hav �r icense tag issued by the City firmly attached to a collar wo '1 times by the licensed dog, or (2) own or keep a dog whi angerous (any such dog which has caused injury to persons tin{ operty shall be deemed "dangerous"), or (3) interfere with police officer, or other City employee, in the performance of his duty to enforce this Section, or (4) fail to keep his dog from barking, howling or whining, or from emitting loud or unusual noise, or (5) fail to prevent his dog from defecating in or upon public property or the premises cf another, or (6) permit solid waste of a dog to accumulate on his premises for more than twenty-four hours. Subd. 12. Immobilization of Dogs. For the purpose of cnforcement of this Section any peace officer, dog catcher or otter person assisting a peace officer or dog catcher may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Warning of Vicious Dogs. The owner of any dog known to be of vicious habits shall place in plain view of the entrance to his premises a sign no smaller than 12 inches by 14 inches which shall reaJ: "Beware of Vicious Dog". SEC. 9.13. ANIMALS AND FOWL - REE- ING, TRANSPORTING, TREATMENT, HOUSING. Subd, 1. Definitions. As used in this Section, the following definitions shall apply. A. "Owner" - Any person who owns, harbors, feeds, boards, keeps, or otherwise possesses an animal, and who is the head of the household of the residence, or the owner or manager in ORONO CC 208 (4-1-84) g 9.13 charge of the establishment or premise:3 at which an animal remains, or to which it returns. B. "Farm Animals" - Cattle, horses, mules, steep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees. C. "Animals" - Includes farm animals and all other animals, reptiles and feathered birds or fowl except aogs, domestic cats, gerbils, hamsters and caged household birds. D. "Dangerous Animals" - Any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term "dangerous animal" also means and includes any domestic mammal, reptile or fowl which because of its size or vicious propensity or other characterictic, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in accordance with the Zoning Chapter, or, (2) animals kept as part of a show licensed under the City Code, or, (3) animals used in a parade for which a permit has been issued, or, (4) animals kept in a laboratory for scientific or experimental purposes, or, k:)) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. Subd. 3. Animals in Transit. It is unlawful for eny person to transport animals unless they are (1) confined within a vehicle, cage or other :Weans of conveyance, or, (2) farm animals being transported in a portion of the City zoned for rural purposes, or, (3) restrained by means of bridles, halters, ropes or other means of individual. restraint. Subd. 4. Treatment. It is unlawful ror any person to treat an animal in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal in any structure infested by rodents, vermin, flies or insects. Subd. 6. Trespasse!;. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. Subd. 7. Permit Required. it is unlawful for any person to keep a farm animal in any portion of the City without a permit therefor from the City. ORONO CC 209 (4-1-84) 9.13 Subd. B. Impounclnent. ;any animal found run,, at large :hall be impounded in accordance with Subdivision to of Section 9.12. All fees or expenses incurred for capturing and impounding shall be paid before release of any animal. Subd. 9. Special Permit Required. It is unlawful for any person to keep or maintain any dangerous animal without a special permit therefor from the City. No such permit zihall be issued for a period exceeding one year and such permit shall specify the conditions under which such animal shall be Dept. The Chief of Police shall issue a special permit for the purpose of keeping or maintaining a dangerous animal if it is found that: A. The animal is at all times kept or maintained in a safe manner and confined securely so that the keeping of such animal will not constitute the danger to human life or property of others. B. Adequate safeguards are made to prevent unauthorized acc•-ss to such animals by members of the public. C. The health or well --being of the animal is not in any way endangered by the manner of keeping or confinement. D. The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. E. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health. F. The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so constructed that they may be kept in a clean and sanitary condition. G. The applicant for such special permit proves his ability to respond in damages to and including the amount of $100,000.00 for bodily injury to or death of any person or persons or for the damage to property owned by any other persons which may result in the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Chief of Police a certificate of insurance stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the City a surety bond, r-pproved by the City Attorney, in the amount of $100,000.00 conditioned upon the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or uond will be made unless ten days written notice is first given to the City. Subd. 10. Investigation Required. The Chief of Police in investigating any applicant for a special permit under this t Section or any enforcement of this Section, is authorized to consult with and seek the advice of the ;society for the Prevention ORONO CC 210 (4-1-84) S 9.13 of Cruelty to Animal;, the Humane Society, any representative of the Animal Control CentQr of the County if there be one, or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals. Subd. 11. Permit Fee. Upon compliance with all provisions of this Section, a special permit shall be issued for an annual fee adopted by the Council by ordinance, provided that such permit shall not be issued for the keeping of more than two dangerous animals at any single location. Subd. 12. Exception. The provisions of this Section shall not apply to the keeping of dangerous animals in the following cases: A. The keeping of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or show holding a permit issued by the Commissioner of Natural Resources pursu4nt to Minnesota Statutes, Section 97.6111. B. The keeping of such animals in a licensed veterinary hospital. for treatment. C. Dangerous or poisonous reptiles may be maintained by a bona fide educational or medical institution for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Chief of Police. Subd. 13. Regulation c.: Horses. A. The term "horse" as used in this Section means any breed of horse, pony, mile or ass. B. It s unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. C. It is unlawful for any person to ride or drive a horse in any public park, beach, golf course or other public property, except within the right-of-way of public streets and highways, and in areas duly designated as a trailway or hitching area. D. The City Administrator shall designate and sign- post those areas in public lands, parks and beaches whero horses may be ridden and driven. drawn vehicle provisions of vehicle, except application. E. Every person riding a horse or driving a horse - upon a public street shall be subject to those the City Code applicable to the driver of a motor those provisions which by their nature can have no ORONO CC 211 (4-1-84) 5 9.13 F. It iS unlawful for any person to int,_,rfere with any hor!:c being ridden, driven or kept in a lawful manner. Subd. 14. Feeding of Waterfowl. It is unlawful for any person to feed or provide feed for any non -domestic ducks, geese or other waterfowl in a manner that results in the accumulation of a sufficient number of waterfowl so that the excrement of the waterfowl accumulates in such a way as to cause a danger to the health, safety and welfare of the public, or in such a way a- to induce the waterfowl to alter their natural migratory pattern, or in such a way as to cause the waterfowl to congregate for extended periods of time on any -neighboring or nearby property or water. SEC. 9.14. CURFEW. Subd. 1. Curfew - Minors Under the Age of Fifteen. It is unlawful for any minor person under the age of fifteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the following day. Subd. 2. Curfew - Minors Between the Age of Fifteen and Eighteen. It is unlawful for any minor person over the age of fourteen years but under the age of eighteen years to be or loiter upon the streets or public places between the hours of 12:00 o'clock midnight and 5:00 o'clock A.M. of the following day. Subd. 3. Curfew - Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied ty a person of lawful age having such minor person in charge. Subd. 4. Curfew - Places of Amusement:, Entertainment or nefreshment. It is unlawful for any person operating, or in charge -f, any place of amusement, entertainment or refr?shment, or .3ther ace of business, to allow or permit any minor person to be or :::,ter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 5. Exceptions. Such curfew shall not apply to any students under the age of eighteen years who are lawfully f attending, going to or returning from school, church or community sponsored athletic, musical or social activities or events. t Sources City Code Effective Oates 4-1-34 1 (sectionn 9.15 through 9.19, inclusive, reserved for future expansion. ) ORONO CC 212 (4-1-84) MEMORANDUM TO: TJBarrett FROM: KWalker RE: Orono Civil Ordinance Concerning Feeding of Waterfowl or Animals DATE: April 22, 1988 In this memo, I have set forth ideas for the drafting of an Orono civil ordinance which regulates the feeding of waterfowl. These ideas are based on other city ordinances which regulate the feeding of animals or waterfowl. Attached please find those ordinances. My though*s in regard to the drafting of the ordinance are as follows: 1. A statement of purpose, or findings, should be included in the ordinance regulating the feeding of waterfowl. This statement of purpose should include findings that the presence of waterfowl have been determined to be a nuisance, and inimical to the health and welfare of the public. The statement of purpose should not include lanquage that the waterfowl are a "dancer" to the public, however, as than statement may be too extreme. 2. The ordinance should place an outright ban on the feeding of waterfowl. This ban would ensure easy enforcement, and preclude arguments as to what amount of feeding constitutes compliance with the ordinance. Further, this would prevent arquments that the ordinance allowed for feeding at a particular time of year. If, however, the council decides that an outright ban is inappropriate, some restrictions may be placed on feeding, such as what time of year feeding is allowed, and where the feeding is allowed. During the seasons of migration, spring and fall, however, no feeding should be allowed. This should help ensure that the ducks will continue to migrate, rather than stopping at the point of feeding. Further, the council may want to ban feeding only at particular bays. If the council decides that feeding should be restricted by location, I suclgest that the Statement of Purpose reflect that the council has determined that it is in those particular locations that the waterfowl are causing a nuisance. Caution should be exercised, however, so that the ordinance does not become too specific. The problems which result when waterfowl are fed excessive amounts may arise in the future at a different location. The ordinance may provide fqr an exception to the prohibition on feeding. This exception could allow for individual humane acts of nurturing a wounded waterfowl. 3. I suggest that the ordinance be written so as to clearly prohibit the feeding of waterfowl, rather than attempt to prohibit feeding that causes certain consequences, such as the accumulation of ducks on property. This should allow for easy enforcement. 4. The ordinance should provide that either the city or an individual may bring an action to enjoin violations of the ordinance. In the case of an individual bringing suit, this provision should ail._ a successful plaintiff to recover attorney's fees, costs, and liquidated damages from the defendant. ;. The ordinance may also want to provide for an escalating fine structure. Thus: the first violation would incur a fine of $50, the second violation would incur a fine of $150, and so on. 6. The ordinance should provide for enforcement by the department of police or the department of health. KW/njc/2205X INFORMA11014 SERVICE League of Minnesota Cities 183 University Ave E. St. Paul, MN 55101 THE i! TU ►R(mwl THt R►jHI♦THE((1 }+A\fit%S 7br t[ W iM! .\Ul, G I. NAITlR lluc fqy CounrUT (OD, S+r mi a+t' ° ordama t/r Coo) et 4tl Coal' to 4hb)f aVelrr of lbr to rood L1C[NSES �L pEN ANTI[ { MITS . J ANUIh[4 ULiT10RSEU Lb dtrfato° [. Murelie..euo �efu 4Leaa as 21 3.wn.•u.e INr. p� It4((1(W�t pA�l�fflO. r.r •talc Nr.e'n •.u •byHl/f T!p M: ( : Ter. er•e�►u�q^•we. 0 0 �wi•�w1 •rlr rl.ell••. Ir..r•f •.e.•. •r rN•r• Oth f. wrr •ll:l r•1. w'� '•r •Ir • 11 r:r e• .(w 1e .er rrnN, w• N•r rerrN•. (�hmbr:e�ic eOeVtaW lea t AHNt JA JW S L)%041 Io,TNOYPSO 190»r A pre.rd It(OU&Ct) ILOf'D & OLbON CRY Alter,,, Ilan 0 'oft , /Lar Classification 0 :- 4 Municipality 'miili Date '1,1 L icl., t"10 Subject 1NFORK,TION SERVICE Teague of Minnesota Cities 183 University Ave E. St. Paul, M% 55101 LPublic Notice A1 OXD1%A%Cf. S&2 An Ordinance Prohlbiting The Faeding of Naterfu l The City Council d the City of New London ordain, a, foilm, SECTION 1 No person shall feed w cause to be 1%J any duck, geese a aher waterfowl to the City of New London bo eea the month, of September 1 and April 1 SCi(.'TION 2 No person Nall Pis" feed, food. or other ikm, wl„ch could be consumed by d,1ct, gaeae a other waterfowl between thc a+ooth, of Se ember 1 and April 1 Any teed OF food placed for birds or Mhrr anemal, mull be placed 1n a fender umcuapble t( witMowl SECTION 3 The fital .,o"(W Of this Ordinance Mao at.o ct U1c hotator to a fiat of up to fJ Any aabaaqueot >ndaUoa ah.11 be trY;od u e ttuademeaeor and tub)eo M such peYft,e, for a nuaderneeoor as are Or"a� ,by tht law, of the Stale of SrC-nOK . In addit,ua to the fore I�eenalaea, any persnr,, or ni ,o the Cny of New loaduit busatedy or ha or a t,°°�c�nUoo •,ta,oeu ,a Use C. oflondeor n. or aey goaernns aul body ha,ing ltatad,a,as wuh,t the City of New 1 on, laclud,ntr but sat tueuted to the ( 11i la of rr` Losbo WAY bring an sarnr or the • me bee, or q, own a1 U,e City of New 441"a any du, O+d,Ysu19 the event Lhim a� rafuacu- Is granted pursuaa to 1h;s Oita"-. The pia,oi,n bnad,ng sad+ ne acoon shalt be OWUed 1,., 1Oulvet ULM" disbursement, n'aaosabk Warea y , far, sad h9u,dated damages ,n as aatouot a..+ to ex'sad %%UU ils C1a111Yact beconse, enema war Y rYaage Yd prrbi,tauoa a w°o,diie a wmh iaw t,t�Cauaue Patted by tht DacatttYw, INL 1e dsy of C+t y of Nw ��a laws M1ss (�,liti t+1Mtt11br g, INb/ Classification « Municipality Date DF'� Q.148 Subject 40 IJ•tu.s � rR, It .. . UIT FLF.DiNG WILD GEESE) Randulph Twp. Pup. 17,828 1985 �0 AN ORDINANCE TO AMEND AND SUPPLEMENT w 'I CHAPTER 13, 1111',TH AND SANITATION, BY THE ESTABLISHMENT OF A NEW ARTICLE 5, FEEDING OF 1.11LD WATER FOWL, OF THE "REVISED ORDINANCES OF THE TOWNSHIP or Pi" DOLPH, NEW JERSEY" Bi: IT ORDAINED, by the Township Council of the Township of Randollh, in the County of Morris, and State of New Jersey, as follow,: t:t 'TION 1. Chapter 13, Heal,.n and Sanitation, is hereby anended by the establishment of a new Article S, Feeding o Wllc.1 water Fowl, to read as follows: "Article S. Feeding of Wild Water Fowl. 13-19. Statement of Purpose. It has been determined that the presence of large numbers of wild wate_ fowl on and around ponds and lakes in the Township of Randolph c,,unes a public health nuisan^e in and around I said ponds and lakes, including the surrounding III beaches and properties, which is, inimical to the health and general welfare of the public. The purpose of ttlis Arti,.l(.- is to µ went such conduct that may attract such wild water fowl t properties in the Township. 1)-20. Feeding of Wild Water yowl Prohibited. No person shall feed, cause to be fed, or provide food for wild water fowl in the Township' of Pandolph, on lands either publicly or i privately owned. 13-21. 6xceltions. This section *hall not be construed to prohibit V! humane acta tuward; wi d water fowl rn in,iividual� I cowls, such as the temporary nurturing of a i' woun"d bird on one's owu 1•r"Tlses. :PC I / 13--22. Enforcement. The Department of Police and the Department of Health of the Township of Randolph are hereby authorized and directed to enforce this Article." SECTION 2. All ordinances of the Township of Randolph which are inconsistent with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance. SECTION 4. This ordinance shall take effect immediatei 1 ly upon final passage, approval and publication as required by law. ATTEST: Dct;s M. Ryan, C I erk TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS, STATE OF NEW JERSEY By_ GVQL gc J. Szatkowski, Jr. Mayor 3 t4 . 5388.5 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.13, SUBU. 14 ADOPTED APRIL 1, 1984, AND ENTITLED 'FEEDING OF WATERPOWL." The City Council of Orono ordains: Ord ina:ice No. 9.13, Subd. 14 adopted April 1, 1984, and entitled "Feeding of Waterfowl" is amended to read: Subd. 14. Feeding of Waterfowl. It is unlawful for any person to feed or provide feed for any non -domestic du^.ks, geese or other waterfowl: A. Between 1 October or before May 1st of any year. B. Within 200 yards of any lake within the community and, C. If not prohibited under A and B of this subsection; 1.) Using more than one pound of feed per occasion. 2.) Using feed other than cracked corn,, .:rushed oats or crushed soybeans. 3.) Feeding from the same property more often than once every three days. This ordinance becomes effective from and after its passage and publication on 1988. Passed by the Council this day of , James R. Grabek, Mayor ATTEST: Dorothy M. Helen' C'�ty Cier�C - TO: Mark Dernh?rdson, City Administrator PROM: John R. Gerhardson, Public Works Director 1,1AY 19�i DATE: May 5, 1988 ,� 16 SUBJECT: Equipment Purchase Golfcourse We have rece ved two formal quotes for a greens aerifier for the Orono Golfcou, s(-. Dakota Turf 6,360.00 North Star Turf 6,250.00 For 1988 we budgeted $7,000 for this purchase. Recommendation To purchase one greens aerifier from North Star Turf for an amount not to exceed $6,250.00 PROPOSED MOTION: Moved, Second, to approve the purchase of one greens aerifier from North Star Turf for an amount not to exceed $6,250.00 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator Forwarded recommending approval. 5488.4 n i %j NCIL WETING TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato �i:� rrAr 9 19c3 DATE: May 4, 1988 ViOF Who SUBJLCT: Westonka Public School District Recreational Facilities Master Planning Attachment A. Westonka Outdoor School Facilities Plan Final Draft Dated 4/20/88 B. Westonka Recreational Facilities Memo Dated 12/21/87 ISSUE 1. Provide information to the Council regarding Westonka District's master plan for its recreational facilities. 2. Determination as to any action the Orono City Cou;icil ma,, desire to take in this regard. INTRODUCTION - As noted in Attachment B the Westonka School had undertaken a master planning process for its outdoor recreational facilities. Following that meeting 7ohn Gerhardson had been appointed as liaison to participate on the City's behalf on any master planning committee that they may desire plus provide information to them. The City did provide information, but was not requested to sit in on any further meetings until we were invited to a meeting of City Managers and Administrators on April 21, 1988. At that meetinq the master planning groin presented their schematic layout and narrative that they were ;.iroposIng to the School District. DISCUSSION - The plan outlines a long term master plan for development of an organized sports facility complex together with planning at both Grandview and the Community Center. This complex approach is opposed to the type of postage stamp "neighborhood park" found in the first ring suburbs which traditionally had a small playing field t�_-gether with playground equipment. Even in communities that have developed these neighborhood parks there has been more of a demand for organized rather than pick-up sports. Amore centralized facility lends itself to scheduling and organization of such sports together with heing able to sharing of selected organizational facilities when placed in a common area. In the master plan presented by Westonka this arrangement would allow for utilization of common faciliti s hoth within the school and outside with items such as a conseEsion stand for a wide range of sports and activities. At the meeting the City Managers and Administrators were asked to assess each of their individual communities as to their support of such a plan. The following is a summary of the Orono position 0 presented at that meeting. A. Master Plan - The idea of a master plan for development of the facilities appears to be an excellent idea and should be encouraged, regardless of whether the timing of such a development is a near term or long term depends or the tyF,� of funding and level of interest for such a facility. The only concern would be the change in either types of recreation or types of sports that the public uses over the long term. To the extent that happens, the master plan should have the flexibility to allow for-e-.amping of selected facilities to accommodat -nging needs. B. Westonka/Orono School District Cooperation - It was -------- ----- ------------------------ again reiterated that any facilities work by either school district would be best if done on a cooperative arrangement between the school districts in a manner similar to that which was done with the Pond Arena in order that there would not be duplication and overlap with each school district attempting to provide what they percieve as needs. Since Orono is substantially split between those two school districts it is anticipated that condition for any support by the City would require work cooperatively between the two school districts. C. Financing - It is th,-� desire of the committee to not only seek private financing for selected areas where such could be undertaken, but also look for support either financial or policial support for additional capital and operational needs from the Cities. The political support would come in the form of each of the City Councils supporting a referendum if needed for Westonka to fund the facilities laid out together with the appropriate operational funds to keep them up. The ratior al for requesting such support is that since none of the Cities really provide an extensive park and no recreational system that the voters should be willing to support such through the school district. On initial reaction, there was concern expressed as to City providing direct support to the school district for either capital or operations and concerns were expressed regarding referendum support particularily by Orono if this was not to be a coordinated effort between the two school districts. While the committee desired to have an indication of support that meeting none of the Cities felt in a position to give ti- the kind of support that they were looking for, but an indicat:. that when the school district had even a preliminary approval of the prnc,�ss that perhaps at that point desire to market their idea -.,4ith each of the communities. ALTFRN/ TIVF.S - 1. Accept the information. 2. Discuss and propose any thoughts or ideas that should be communicated to the district. 3. Table for further consideration. RECOMMENDATION - It is recommended that the Council accept the information and provide comments they sriay have in relationship to this particularily if these are different than outlined to the Westonka District on the 20th. PROPOSED MOTION - Moved by Eormation s , Nays , seconded by , that the Council regarding Westonka recreational , 2765 Casco Point Road 3 FINAL DRAFT OUTDOOR SCHOOL FACILITIES PLAN The analysis by the school's outdoor facilities committee has produced a comprehensive set of recommendations addressing the current recreation facilities which serve the school district and residents of the Westonka area. It is evident in our community that the school district provides the major recreational facilities, programs and maintenance of those facilities. The committee solicited information/suggestions and future p'ans of many of the users of the recreational facilities, such as hockey, soccer, softball and baseball, etc. in an effort to plan the use of the existing facilities to meet the future needs of these users. The complex nature of the proposed changes (recommendations) requires the understanding of the concept site plans as well as the explanation and timing recommendations. The major areas of change and facility additions will occur at Mound Westonka High School and the Community Center Field Complex in downtown Mound. Other additions to or removal of facilities at Grandview and Shirley Hills are illustrated on the site plans for each school. An important issue to understand when reviewing the plans is that the inter -relationship between all of the facilities and the timing or phasing as well as the funding for those facilities requires significant coordination of effort. Fnr example, if a hockey rink is removed from one location and constructed in ano-:her, it may require the removal of a softball field and a new construction of that field at another location, thereby tyinq the reffloval of an existing facility with construction of two or more relocated facilities. Some basic planning principles used by the committee are as follows: 1. To consolidate active recreation facilities in locations where they make the most sense .and can be maintained efficiently. 2. To locate major lighted facilities, such as football, softball and baseball fields, at a location that will reduce the impact on adjacent properties. 3. To locate major traffic generating facilities with good access to major collector roads and to provide adequate parking for those activities. Shared parking between existing parking areas and newly constructed ones is to be encouraged. 4. To locate school -related athletic facilities in proximity to Mound Westonka High School where locker room and and other support services currently exist. Also, this would reduce the transportation demands for extracurricular activities offered after school. 5. To reduce costs, we will utilize existing fields and make improvements to those fields where practical. 6. to consolidate lighting of major recreational facilities within one general area to decrease cost and provide a focal point or identity for the major recreational complex. 7. To tie the recreation facilities together with a trail system throughout the school property which does tie into the City of Mound and Minnetrista's overall trail plan Tor non -vehicular pedestrian/bikes. 8. To provide other recreational facilities, such as picnic areas, exercise course, tot lots or free skating rinks (in the case of hockey), adjacent to major recreational facilities, such as soccer, softball, and football, thereby encouraging family use. 9. To provide facilities that meet the demands of youth athletics, school district sports programs, as well as adult recreational needs. THE HIGH SCHOOL/HILLTOP COMPLEX The attached plan illustrates the proposed long-term development for the High School/Hilltop areas. Major components of the plan include: a. Develop a lighted complex north of Sunnyfield Road, including lighting the existing baseball field, relocation of the varsity football/soccer field with bleacher and concession construction, and the construction of two lighted competition softball fields for high school, youth and adult programs. One softball field north of the wetland is proposed if needed. Additional parking would be provided for baseball and softball to compliment the high school parking lot. b. Additional soccer/football fields are proposed south of Sunnyfield Road so that all high school football/soccer practices and games may occur at the same location for school district programs. This also provides for soccer/football fields for :e throughout the year by youth and adult organizations. c. Retention of the JV baseball field south of the running track and the ext^nsion of parking south of the tennis courts will provide better access to that field. Removal of the existing two hockey rinks west of the high school and relocation of those to the Community Center Pond Arena area will free up space for sand volleyball courts, track and field activities, and parking space. d. The existing practice football fields/youth soccer areas south of the high school will be retained with the softball field in that location as a physical education and practice facility. The existing girls softball field north of Hilltop will be retained as a small competition softball field that may be used by the ,chool district as well as community recreational programs. The future softball field 04 that may be constructed as neededin the future is shown (adjacent to the wetland area) north of Hilltop. e. Throughout the High School/Hilltop site, a trail system is proposed to link the facilities as well as to provide a recreational running/walking trail system throughout the site. Along that trail system, an exercise ,-ourse would be established to provide for phy ed/community use. This trail system is designed to connect with the 11innetri sta and Flo,ind trail routes. f. One new tot lot/family picnic area is proposed north of the lighted softball fields to compliment the existing Hilltop tot lot. g. Lighting of the nine existing tennis courts. h. No change is proposed for Hilltop Elementary school playfield, and phy ed space, nor are changes planned for the track area at the High School. COMMITY CENTER/FNDDORF FIELD COMPLEX Community Center/Haddorf complex is proposed to be changed in the following ways: a. Haddorf football/soccer field will be retained as a lighted youth/adult soccer, football and track facility. The Babe Ruth baseball field will be retained and improved with dugouts and a baseball practice area west of the field. Improvement of the parking area in the northwest corner of the site is also proposed. b. A major need surrounding the Pond Arena and Community Center is that of additional off street parking. The plan provides for approximately 250 parking spaces in the area by the Pond and Community Center by re -designing the existing parking area, and construction of Iwo new parking lots. C. The relocation of the Grandview and Hilh School hockey rinks is proposed in the area between Haddorf Field and the Pond Arena as illustrated on the plan. Also an open skating rink and warming house are proposed north of the hockey rinks providing for family skating and recreational use. The location of the hockey rinks adjacent to the Pond Arena and the central community location will provide an excellent skating facility with access to restroom, concession, and warming areas currently existing in the Pond/Community Center. Also, the site is central in the community and will allow more extended use of the rinks by kids and adults. d. To make better use of the hockey rink area during the off season, paving of the rinks will provide lighted use for hard surface activities, such as roller skating, roller blade and dryland hockey, skate boarding, basketball and other court games. e. The retention of the tot lot play area for small children using the Community Center as well as some open game field space for them is proposed. GRANOVIEY MIDDLE SCHOOL The major change in the Grandview complex wv�,lj be the removal of the hockey rink located adjacent to the public access to Dutch Lake. Additional major improvements to the playfield existing at Grandview are not anticipated at this time, however limited improvements to the phy ed (and neighborhood playfields) space is anticipated. A connection with the trail system along Dutch Lake is proposed, hopefully through the adjoining properties north to the high school as part of the Minnestrista/Hound trail plan. The connection south to the Community Center/Pond Area along existing streets provides an excellent pedestrian corridor. SHIRLEY HILLS Shirley Hills improvements involve retaining and improving the two softball fields adjacent to Bartlet Blvd. and construction of one or two sand volleyball courts. Parking for the softball fields used for the adult leagues could be provided by using, with permission, the Mt. Olive Church parking lot. c 41kiM vui7"r coWIMI 1 r 1 FTFT IMP 12 13187. 2 / TO: Mayor and City Council �I' FROM: Mark Bernhardson, City Administrat0rV DATE: December 31, 1987 SUBJECT: Westonka Public School District Recreational Facilities Master Planning Attachment A. Westonka Memo Dated 9/18/87 Master Outdoor Site Plan B. Westonka Public Schools Memo Dated 11/30/87 C. Northwest Lions Club Letter - Proposed Recreational Facility Dated 12,/18/87 ISSUE - A. Providing information to the City Counci 1 regarding Westonka District's planning process for its recreational facilities. B. Determination of City Council's interest in involvement in this process. INTRODUCTION - At a meeting held December 30, 1987, at which the City-Minagers and Administrators from the communities in the Westonka District were invited to attend, District staff laid out their initial thinking and process regarding their master plarni,ig for School facilities, specifically recreational facilities within the District's boundrys. Generally recreational facilities apart from school specific sports in many parts of the Metropolitan area are City responsibilities. This is not cnly in the development but also the maintainence and programming together with the long range punning. The Lake Minnetonka area howeveL, is somewhat unique in that the Cities around the Lake have minimal involvement in park development and maintenance and do not actively plan or program utilisation of these facilities. Unlike most suburbs it is the School districts not the Cities around the lak(, that work with volunteer groups that are active in providing the softball, hockey, soccer, tennis, baseball etc. The master planning process for Westonka District envisions taking a look at the needs not only for the school but also for the Cities and volunteer organizations who utilize these facilities. In addition they will determine what each City presently has, what the District has and what facilities are beina planned for the future. It is the intent that the master pla -ould coordinate City, District and volunteer efforts to estaolish/improve, maintair and program recreational facilities for the long term. The principal reason for the long term coodination and needs aasessment by the Westonka District has been, a.) the higher lr, -e' of usage by their facilities, b.) the increasing conflict between different sperts and c.) lack of facilities for things, such as hockey (hockey players having to go to places like flutchinson and Litchfield for ice times). In addition is a short term proposal, as outlined in Attachment C, that the District needs to evaluate. It is the feeling that the time lines for approval and construction duriag 1988 may be rather ambitious and that it should be brought through n master planning process. Ir. addition there would -•:)e the n-c y local government land use reviews which proposal r,iy be!_L, i fit into a 12 to 18 month time period. DIS_CUSSI.O_N - The intent of the meeting was to determine the level of City interest in participation in this process and giving the option of three levels of involvement: A. Active member of the committee B. Coordinating member (attendiig meeti nd staying abreast of developments) C. Corresponding member - An crgani2ation person receiving mailing-, without active attendance. (The initial indication given was Orono would be happy to provide information as to its programs and its parks and comprehensive plan as it relates to parks and also work to see if there are other beneficial arrangements tt- taxpayers in both the. Orono and the Westonka Districts.) It was suggested that such planning would be much more valuable to the City of Orono if it were a joint plan to be done by both Westonka and the Orono School Districts. Additionally it was recommended that when a preliminary master plan was developed by the committee that it be sent to all communities involved to get their rea-tion and that once the District formally adopted it, it again be ;rnt to Cities for their acceptance and .approval and that any .levelopment be subject -:o public hearing and local land use regulati -)n. ALTERNATIVES -- Policy A. Agree to allow the participation at one of the following levels: A. Active committee member B. Coordinating member C. Corresponding member R. f)ecline the offer to participate Action A. Acceptance of information R. Selection of level of involvement Decline olviment D. Table RECOMMENDATION - It is recommended that the Council accept the information regarding the Westonka plan and that the City's level of participation be that of a corresponding memher with John Gerhardson actiny as liaison for the City as his familiarity with the City's recreational programing of both Westonka and Orono and his staff work with the Park Commission. It is additionally recommended that the Orono Council strongly recommend that any master planning he a joint effort of ttie Orono and Westonka Districts. PROPOSED MOTION - Moved by-Q �, seconded byf , that the City Council accept the information regarding Westonka's master plan and the z it appoint John Gerhardson as the lia+s-)n to the committee and encourage thu Distlrict t�do a joint plan effort with the Orono District. Ayes t/, Nays cc: John Gerhardson, Public Works Director Don Ulr.ck, Westonka Community Education Director Dick Putnam, INotvENDINCE TL WESTONKA PUBLIC SCHOOLS MEMO TO:. Dr. James Smith L4'. FM: Gene Zulk, Victor NiZka, and Don Ulrick \4 DT: September 18, 1987 RE: MASTER OUTDOOR SITE PLAN FOR DISTRICT #277 PROPERTIES ORONO IARx We, the above, strongly feel that a comprehensive plan must by developed for the long range use and development of all outdoor school property sites. The recent discussions regarding a softball, baseball, acid general activity complex on school property, has raised the importance of this issue. The continued growth of adult, youth, and the considered expansion that the aforementioned complex would generate mandates that a Master Plan be developed. Our facilities are regularly compared to the finest Metro area locations. Mr. Richard Putnam, involved in both youth soccer and hockey, has volunteered his professional expertise towards the development of a district wide plan. Mr. Putnam previously was employed by the City of Eden Prairie and worked closely with the school district to develop their joint recreational facilities. He current', is in private practice as a planner and developer as well as a development consultant. his experience and knowledge will assuredly help us now and in the future. A planning committee appears to be an appropriate vehicle to accomplish the tas". Appointment or se'-^tion of persons, numbers of members, ratio of public ar - al staff, might well be defined by either the Chairman or the Board or Superintendent of schools. We sense that there are a number of active citizens interested in the overall development of a master plan. The expertise, knowledge, and experience of these taxpayers can be a valuable support for the final product. The groups involvement could also consider the financial burden of ongoing maintenance program costs. This fits into the mix of resolving our ability to deliver field maintenance while experiencing budget cuts to our citizens for high quality facilities for their use• Including these active booster fans in the process gives them a sense of ownership and pride in our facilities. Master Outdoor Site Plan September 18, 1987 Page 2 The purpose of the Committee would be to review all properties, their present usages, and develop a plan to be recommended to Administration and ultimately to the Board of Education. Accompanying the plan might be the option of a funding plan to cover all or part of the costs of ongoing maintenance. Inherent in the plan would be the need for site preparation and the related costs. By resolution of the Board, the committee v,ould be terminated at such time the plan is conceptually approved by the Board of Education. we are seeking your support of our request that the Board of Education affirm our need for a master plan. In summary, this memo does not suggest our objection of resistance to any development either currently being considered or one which might be considered in the future. Rather, we.are responding to our responsibility as administrators to be prepared to respond in an intelligent manner to all proposals. we would appreciate your timely reply, so the committee might begin its work before the snow covers the ground. GZ/VN/DU/lc cc: Gene Zulk Victor Niska Don Ulrick Richard Putnam WESTONKA PUBLIC SCHOOLS Mound, Minnesota 55364 MEMO TO: Gene Zul k FROM: James L. Smith, Superintendent RE: OUTDOOR FPCILITY PLANNING COMMITTEE DATE: November 30; 1987 As per our earlier discussion I am asking that you chair the newly appointed Outdoor Facility Planning Committee. Committee memhers are: Victor Niska Don Ulrick Rod Pitsch Pat Chelberg Chick Ramien• Richard Putnam Mike Callahan Rod Wilkins You are asked to convene this committee and function: ,GCA perform the following ssigned Cl Sir Examine adequacy, location and needs regarding outdoor !` AC''� athletic and recreational facilities of the school 0 district. Develop a long-range master plan for outdoor athletic and recreational facilities. C r X�O,N I Consider the Lions Club proposal for a softball Facility r in view of the long-range facility needs and plans of the district. Make recommendations to the Board of Education regarding all of the preceding. Thanks to you and members of the committee for their interest in the work of this committee. I look forward to hearing from you the results of your efforts. r s L. Smith, Ph.D. Superintendent of Schools cc: Rod Pitsch December 18, 1987 Don Ulrick 3003 Bluffs Lane Mound, MN 55364 Subject: Joint Meeting for review of the Northwest Tonka Lions' Proposed Recreational Facility on January 4, 1988. Dear Don, I would like to take this opportunity to congratulate you on your appointment, for it is an honor to represent the Mound-Westonka schools and community in evaluating the school's sport facilities. I would also like to introduce myself to those of you who do not know me; I am Craig Wolfe a Mound graduate, a long time resident of the Mound-Westonka school district, and a member of the Northwest Tonka Lions Club. Approximately one year ago the Lion's club appointed me to chair a committee made up of the following Lions members: Stan Drahos Stan Mierzejewski Skip Johnson John Wilsey John Ecc.es Ery Stevenson Harlan Brue Tom Sincheff We were given the objective to evaluate the recreational needs of our communities (Navarre, Spring Park, Mound, and Minnetrista) and report back to the club. After months of research and evaluation, the committee and the club have decided to construct a recreational facility. The complex we have envisioned will eventually provide a great number of sport activities (ie: softball, baseball, tennis, volleyball, horseshoes, etc.) and provide a family atmosphere for those adults who have children. and/or grandchildren.' The complex .,ill be designed on an outdoor park theme. To create this family atmosphere we want to include picnic areas, children playgrounds, and nature trails. As you should know there are some 48 adult softball teams in the Mound-Westonka area now, that are playing on inadequate facilities, and as it has happened in many other communities that have provided this type of facility, we anticipate the existing softball leagues to expand greatly and many new leagues to be formed (ie: adult moderate leagues, over 30 or 40 or senior citizens leagues, and etc.). This will give our club the opportunity to provide a very needed and useful facility for a very -large segment of our community- The Lions have also recently decided to support a Westonka men's baseball team for the spring of 1988. In our search for property to construct this complex, it has been brought to our attention, by school board members, that the school district may have property available for this purpose. It is our intentions to ask the school board to lease school property (located on the north side of Gunnyfield Road extending from the bus garage on the west end to the easterly boundry abutting the Babler's property) to the Lions Club for development and use. The Lions Club would then improve the high school baseball field to include lights and a new concession stand, contruct 4 softball fields with lights and a concession stand, develop a picnic area with playground, provide parking, and other misc. future developments at no cost to the school district. The Lions would, in turn, lease the use of the facilities to the -school for school activities such as boys high school baseball, girls softball, and other school related athletic activities. The Lions Club would benefit, as would the school district, from establishing a leasing arrangement for the school pr-perty versus having to purchase private prop,3i•ty. This would free up more dollars for immediate completion of the complex rather then having to tie-up money in the purchase of property. Either way the Lions Club has committed itself to the completion of this project and has already made some plans to begin construction this spring. Because of the spring construction time schedule and other considerations I would like to express the urgency of your committees' investigations, decisions and recommendations to the school board on our proposal. We presented our ideas and interests to the school board at a meeting last summer and our plans now are to attend the January 25th school board meeting for round table discuRsions about our lease and development proposal, and also we will be requesting that our proposal be put on the Febuary 8th agenda for a vote. I extend an invitation to you and encourage you to attend a joint meeting for the purpose of discussing the above mentioned proposal with myself and the Lions Committee at the Mound Legion Club on January 4, 1988 at 8:00 pm. in the Fireside meeting room. We look forward to hearing from you and thank you for your considerations. Sincerely, A/ f-7-W . Wolf Lions Committee Chairman 472-1122, 471-9504 MEETING WITH CITY MANAGERS/ADMINISTRATORS Orono, Minnetrista, Mound, Spring Park December 29,1987. 7130 A.M. Country Kitchen Cafe, Spring Park SUBJECT: ISD 027Z COMPREHENSIVE PLAN FOR OUTDOOR RECREATIONAL FACILITIES AND ITS RELATIONSHIP TO CITY FACIITIES, CURRENT AND FUTURE. Agenda: Introductions INVOLVEMENT: 1. Participation by city staff or others 1. as an act!ve committee member? 2. or a corresponding member? 11. Inventory of city facilities 111. Level of cooperation for use of current facilities. 1. Opt in to wr ^xn? 2. User expansion plan? IV. Current facility needs, adequate and/or meets your needs? V. Future Needs, your c`.tys determination VI. Future facility plans, a master plan and timetable? Vll. Willingness to cooperate financially? VIII. Other Issues? IX. Adjcurn ""e iJn�l O TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: May 5, 1988 SOHJRCT: Metropolitan Waste Control Commission Easement During discussion and negotiations with the Metropolitan Waste Control Commission regarding the Orono Minnetonka Beach interceptor improvements, it was decided thrt a MWCC lift station would be placed on a platted unimproved right of way adjacent to the North Arm boat launch. In addition to an easement for the lift station the MWCC is also requesting a temporary easement for City owned property across from 1760 Shadywood Road. Reco�endation: To approve the permanent easements for the MWCC lift station on platted unimproved right of way and a temporary easement for City property accross from 1760 Shadywood Road, and to authorize the Mayor and City Administrator to sign the easement documents. PROPOSED MOTION: Moved, second, to approve the permanent easement_s_ N,W for the CC_ lift station on platted unimproved right of way and a temporary easement for City property accross from 1760 Shadywood Road and to authorize the Mayor and City Administrator to sign the easement documents. To: Mayor and City Council v FROM: Mark Bernhardson, City Administratow� Forwarded recommending approval. cc: Carol L. Linde, Metropolitan Waste Control Commission ,. Metropolitan Waste Control Commission � ^ till 1**Icuo Square Building. 7th and UC���Ia 5510) , f! 222-842 7�_ IMSApril 26, 1988 � Mr. John Gerhardson Public Works Director City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Subject: MWCC Parcel Number OR-16 Dear Mr. Gerhardson: Re: Oron^ Interceptor MWCC Project Number 85-67 It has recently come to my attention that the City of Orono is fee title owner to property described as Tracts A and B, registered Land Survey No. 702, Hennepin County. As part of the above referenced project, the Commission is requesting a 10' tem- porary construction easement on the property. I have enclosed a copy of the survey sketch and description for your use. Also enclosed are two copies of the proposed easement agreement. Please have the two copief signed by the City and return one copy to me, along with the Torrens Certificate No. 283183 for recording. Also, with regard to Parcel OR-11, I am enclosing two copies of a consent form to be signed by the City allowing our lift station to be located in road right of way (Cherry Avenue). Both copies should be signed and one returned to me for recording. I have not yet received the revised signed easement on this parcel. If there is a problem with that easement please let me know. If you have any questions or concerns with these documents, please let me know. Sincerely, Carnl Linde Adminiotrative Assistant Rights -of -Way Section CLL:sma L39 cc: J. K. Mat:rass, MWCC K. B. Eckhardt, MWCC ff �)o t9.18-11088 Skelch Of7d Oesci'l;0fi0o ,roe: Melro Wasle Conlrol Commission Oronc Inlereeplor Arojecl /1/0. BS- C7 of Easemenl across Trocls A IS., G'. L. Sr. No 702 . Properly IdM li f'Ca/1-on No. 17• :17 - P3. 21- 000c / 0007 A/o/e : This is no/ a boundary Svrvey. Areas have been eompu/fod us/nQ sealed dl/nensiOns rote, County maps and p/a/c . arcs/ descnolionc have been prvvlo%d by the Orono 1 ® deno!es lemporarj Co+7s/. esm/. O Area o,' Oarc e / • 107, Area o' lempor pry m 7' 2 Consf. e� Orono IntcrceDtoe t1YLe Project >to. e5-67 Easement :es,ription llo. 16 Pas Ovncr: 5tate Land Department, city of Orono a temporary con-tructlnn eascmont ovrr under and atroZ: the ea^trrly 10.00 feet of Tr�-'- I and D, Pceistcrco Lana ., rvay Mo. 70:, Ilenncpin Cuun1, Mlnneaota. Said temrorar-y construction easemeal 1. to ex{ lre OC'tober 31, 1990 ,cCle /•< CQ !.hlrrby C[rlti #,a/ this �t5urv�ty or rrpor; NOs IJrYQOrt�7i E. G %�if() SONS lNC 1 by me ne un� m direct supirrtf�on and 160 / nm o duly JA,vo Suvvt rows t4lsttrfd Lorid !w"' 'I r Vn r the /aws 0" 1 1K S/a/ems of- 9%0 Cer,r4/on Ave N rb#9 ,N"fIntsolo Doled /h,s. -Tddby or'&'gttt�_! /l..lw- Jc .1ln�t AMA 3501/ Inh Ab IM0 ,r' `r- g _ P,.r..lrnl,nn No MAO 7f / VC - 51;er ORONO INTERCEPTOR, MWCC Project Number 85-67 EASEMENT DESCRIPTION NO. OR-16 STATE LAND DEPARTMENT', CITY OF ORON,'. A temporary construction easement over, under and across the easterly 10.00 feet of Tracts A and B, Registered Land Survey No. 702, Hennepin County, Minnesota. Said temporary construction easement is to expire Crtober 31, 1990. OR-16 EASEMENT OR-16 TORRENS CERTIFICATE NO. 283183 THIS INSTRUMENT, made this ____day of , 1 9 ___ _ , by and between The City of Orono sota Municipal Corporation, Grantor, and the Metropolitan Wastc %-rol Commission, a duly consti- tuted agency of the Metropolitan Council created and organized pur- suant to Minnesota Laws 1975, Chapter 13, Minnesota Statutes §473.503, Grantee; WITNESSETH, that Grantor, in consideration of One Dollar and other good and valuable consideration, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey to Grantee its successors and assigns, the following described easement fur sewer and utility purposes: A temporary construction easement over, under and across the easterly 10.00 feet. of Tracts A and B, Registered Land Survey No. 702, Hennepin County, Minnesota. Said temporary easement is to expire October 31, 1990. The above described Easement includes the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said sewers and utilities. Grantor covenants that it is the !owner and is in possession of the above described premises and has lawful right ai,u authority to convey and grant the easement described herein. This conveyance is exempt from State Deed Tax pursuant to M.S.A. 5287.22. IN WITNESS WHEREOF, the said Grantor has caused this Easement to be executed as of the date noted above. Ine_City_of_Orono__`____________ _ By Mark Bernhardson, City Actninistrawr By James R. Grabeck, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF ) On the day of _ 19 , before me a notary public within and for said County, personally appeared Mark Bernhardson, City Administrator, and James R. Grabeck, Mayor, respec- tively, named in the foregoing instrument, and that said instrument was signed on behalf of said City of Orono, A Minnesota Municipal Corporation, by authority of its City Council and Mark Bernhardson and James R. Grabeck, acknowledged said instrument to be the free act and deed of said City of Orono. Notary Public DRAFTED BY: Jeanne K. Matross License No. 68615 Metropolitan Waste Control Commission 350 Metro Square Building St. Paul, Minnesota 55101 (612) 222-8423 162058 14'9 31 HENNEPIN Cam. MINN. 19 ///vE 4t t1k TZ. 0 o oLo' _9wl ,_ _� 06 A& - Al. CONSENT OF CITY OF OPONO TO CONSTRUCT AND MAINTAIN SEWER FACILITIES WITHIN THE LIMITZ OF CHERRY AVENUE .AS PLATTED KNOW ALL MEN BY THESE PRESENT:; that the undersigned bein, owner of Cherry Avenue, a platted road i,. 'he City of Orono, Cou►. Hennepin, and recorded on the plat k:,own as Crystal Bay View, as Document No. 162053 in the office of the Register of Deeds on November 7, 1871, in and for Hennepin County, hinneso'a, covering the premises lying and being in Hennepin County, Alinnesota, as shown o:, said plat, attached as Exhibit A, in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby ack;iowledged, hereby consents t~.) the construction and maintenance of sewer facilities on said property by the Metropolitan Waste Control Commissior. a duly constituted agency of the Metropolitan Council Treated e.;.: organized pursuant to Minnesota Laws 1975, Chapter, 13, Minnesota 3�-atute,• §473.503. i. hITNESS WHEREOF, the undersigned has c_a se3 this agreement to be duly executed this _ day of , 198_ CITY OF ORONO !dark Bernhardson City Administrator 'ames R. Gr,�beck `Iayc STATE OF MINNESOTA ) ss. CGrINTY OF HENNEPIN ) On the _ day of _ , 19 rc me, a ncLary public within and for saiu ..ry, personally appeared _Mark Bernhardson, City Administrator, and_. R. Grabeck, Maycr_ , ,espectiveIN, named in the `iregoing instrum.. and that said instru- ment was siy �d on oehalf ~-,id City -f lro.u,, a Minnesota Municipal Corporcfilon, by authorit� 17 uncil _ and _ Mark Bernharl dbeck acknowle3ged said instrument to be the fr.,- said City of Orono. P'.xtA; � public DRAF', 7r` Ft*, Jean• ft. A,tross L' ce No- f 3615 M •tropL' itan Waste Control .ommion 3:,j Metro -quare BAlding St. Paul, MN 55102 (612)222-8423 J 5488. 3 f • , � : �. w.., 6';'�!:�. I ill TO: May( r and C i ty -ounr. i 1 ` _ NOW FROM: Mark dernhardson, City Administrato DATE: May 3, 19eo- SUBJECT: Board of Review Reconvening - Wednesday, May 18, le68 at 7:38 P.M. ISSUE - Information regarding reconvening date fur the Board of Review INTRODUCTION - At the last Board of Review the City heard appeals from 28 appellants. The Assessors have been attempting to schedule appointments with the individuals and are intending to do site visits starting on Friday, May 6, 1998. Additionally there is a list of 49 people who had called the Assessors prior ;.o the Board of Review whc ha3 been told they need not come but that the Assessor would visit their property. They have had calls from new people since the Board (-.' Review and once the people who were at the Board of Review have been contacted they will work to try contact those people. It 's ant_cipated that their recomr2ndations will he delivered to Councilmembers by either Friday, May 13, 108b rr at the latest by Monday;, May 16, 1988. Because of the la' a appeI Iants on this it may be appropriate that all :.ate appeals be referred to the County with no action taken by the Council. cc: Rol '.So. _;sess(>r Da. .: , .. —essor Rii ian, Assessor r CITY of ORONO Post Office l4ox 66•Crystal Kay, Minnesota 5 323*Municipal Offices On the North Shore of Lake Minnetonka May 4, 1988 Commissioner of Revenue Attn: Mike Wandmacher Department of Revenue Local Government Services Mail Station 3340 St. Paul, MN 55146-3340 Dear Mr. Wandmacher, On Wednesday, April 27, 1988, the City of Orono held its 1988 Board of Review meeting. At that meeting the Council -,:ted the Assessor to review several properties and report bnc.'c to the Council. Because of the number of parcels to be reviewed by the Assessor and conflicts with other scheduled meetings, the City of Orono is asking for an extension on the time limit in which the Board must reconvene. The trity is requesting an extension to accommodate a reconvening on Wednesday, May 18, 1988. Please feel free to questions on this matter. Sin l rely, of by 1 n City Cle� call if you have any comments or cc: Mark Bernhardson, City Administrator Rolf Erickson, City Assessor Don Monk, Hennepin County Assessor BUILDING A ZONING - 473.7357 • ADMINISTRATION R FINANCE - 473-7358 • PUBLIC WOR' 7359 ASSESSING TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Police Chief;���;fir}Iisi� DATE: May 2 , 1988 6�1� SUBJECT: Salary Adjustment - Kurt Erickson Because of his longevity increase for service over 8 years, Kurt Erickson's pay is to he adjusted S15.919 hourly 1987 top patrol rate with 5% longevity step rate effective April 18, 1988. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate Forwarded recommending approval. PROPOSED MOTION - Moved by , seconded by _ , the Orono City Council approves the pay adjustment for Kurt Erickson to $15.919 per hour based on top patrol rate plus 5% longevity effective April 18, 1988. Ayes Nays __ I V� City of ORONQ.,,j, 4 -0) RESOLUTION OF THE CITY COUNCIL NO. 02 qj 9 RESOLUTION OF RECOGNITION OF OFFICER JAMES MOROWCZYNSRI WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono does take the opportunity to recognize its outstanding employees, and WHEREAS, Officer James Morowczynski is an officer of the Orono Police Department, and WHEREAS, on April 12, 1988, Orono Police received a call about a house fire at 1155 Heritage Lane, the Jorgen Viltoft residence, and WHEREAS, when Officer James Morowczynski arrived on the scene within three minutes, he found the entire hack of the residence engulfed in flames with thick black smoke bellowing nut. He was told someone had gone back into the house, and WHEREAS, Officer Larry Toms -heck went into the house two times to different areas of the house to search for the person, and WHEREAS, Officer Larry Tomcheck, with his partner Officer James Morowczynski, went in a third time, crawling on their Utomachs to avoid the thick black smoke, found the owner Jorgen Viltoft in a bathroom, and WHEREAS, Officer James Morowczynski with Officer Tomcheck, took out the bathroom window, assisting Mr. Viltoft out the window. Officer Morowczynski then assisted Officer Tomcheck, who had inhaled a large amount of smoke, out of the window, and WHEREAS, Officer Larry Tomcheck was treated at the scene and subsequently at the hospital for smoke inhalation, and WHEREAS, the actions of Officer Jim Morowczynski was instrumental in saving the life of Jorgen Viltoft. NOW, TBT?REFORE BE IT RESOLVED, that the Orono City Council commend Officer James Morowczynski for his courage, bravery and unselfish devotion to duty for his actions the night of April 12, 1988. Adopted by the Orono City Council on the 9th day of May, 1988. ATTEST: --------------- ----------------------- James R. Grabek, Mayor norothy fit. Hallin,-City Clerk City of ORONQ�= RESOLUTION OF THE CITY COUNCIL (r�A•i 9 19,,3 NO. 1-17 L130 RESOLUTION OF RECOGNITION ° J OFFICER LARRY TOMCHECR WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono does take the opportunity to recognize its outstanding employees, and WHEREAS, Officer Larry Tomcheck is an officer of the Orono Police Department, and WHEREAS, on April 12, 1988, Orono Police received a call about a house fire at 1155 Heritage Lane, the Jorgen Viltof.t residence, and WHEREAS, when officer Larry Tomcheck arrived on the scene within three minutes, he found the entire back of the residence engulfed in flames with thick black smoke bellowini out. He was told someone had gone back into the house, and WHEREAS, Off icer Larry Tomcheck went into the house two times to diff,?rent areas of the house to search for the person, and WHEREAS, Officer Larry Tomcheck, with his partner Officer James Morowczynski, went in a third time, crawling on their stomachs to avoid the thick black smoke, found the owner Jorgen Viltoft in a bathroom, and WHEREAS, Officer James Morowczynski with Officer Tomcheck, took out the bathroom window, assisting Mr. Viltoft out the window. Officer Morowczynski then assisted Officer Tomcheck, who had inhaled a large amount of smoke, ovt of the window, and WHEREAS, Officer Larry Tomcheck was treated at the scene and subsequently at the hospital for smoke inhalation, and WHEREAS the actions of Office: Larry Tomcheck was instrumental in saving the life of Jorgen V i 1 tof t. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council commend Officer I,rry Tomcheck for hie courage, bravery and unselfish devotion to duty for his actions the night- of April 12, 1988. Adopted by the Orono City Council on the 9th day of May, 1988. ATTEST: _ _ _ __ ---------- James R. Grahek, rdayc•r Dorothy M.-lIa in, City Clerk P-1 s ass TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardsor., Public Works Director DATE: May 5, 1988 SUBJECT: Spring Clean-up D-Ay I On Saturday April 30 tLe Public Works Department conducted the f irst of a two day spring c iaan up. We f i 1 led ten containers ranging from 40-30 cubic yards each. We also received six,five cubic yard dump truck loads of leaves and grass clirrings that were transfered to our composte site. The last spring clea;i up day will be Saturday May 7, 1988. TO: Mayor and City Council \ FROM: Mark Bernhardson, City Administrator�� v Forwarded for informational purposes. No action requireu. PROPOSED MOTION - Moved by _, seconded by to acknowledge information regarding Spring Clean-up Day 1. Ayes Nays _ 41588.9 TO: Mayor and City Council FROM: Mark Bernhardson, City 1, d m i n i s t r a t o 19 ~� DATE: April 27, 1988 SUBJECT: Wayzata Inspection Contract Attachments: A. Draft Contract City of Wayzata ISSUE - Determination as to whether the City of Orono wants to formally adopt contract for provision of its Building Inspection services solely on an "as needed consultant basis". INTRODUCTION - As you may be aware from June 1986 to March of 1988 the City of Orono provided in a phase out program Building Inspection services to the City of Wayzata as their in-house person, who had some background, developed to the point that he could be certified by the State as a Building Official. This program has worked out quite well for both communities and for the City of Orono has generated $18,500 of building inspection fees in that period of time. DISCUSSION - The City of Wayzata still has an ongoing need for occassional consulting services particularly as it relates to commercial. The 3ailding Inspectors without any formal arrangement have on occassion exchanged services to cover when they are unavailable, on vacation or otherwise overloaded. This has been done without any formal agreements covering 1 iabi 1 ity, etc. Because of the potential liability it is felt that such a contract, at least, between the City of Wayzata and the City of Orono because of our previous contracts would be appropriate but these services would be strictly on an "on call basis" with the City of Wayzata at a substantially reduced level of service than had previously been received and would be billed solely on a per hour basis. ALTERNATIVES - 1. Adopt as presented. 2. AmPnd and adopt. 3. Choose to allow an informal exchange of services without formal contract. 4. Not allow exchange of services. RECOMMENDATION - It is recommended that the inspection service contract be adopted as presented in order for the City to be reimbursed for time it would spend in Wayzata as the City of Wayzata could not provide a comparable type of service to Orono on an exchange basis, as is the case with Medina and Mound. PROPOSED MOTION - Moved by , seconded by , that the City of Orono agree to enter with the City of Wayzata regarding the Building Inspection services contract as outlined in Attachment A. Ayes , Nays cc: Al Orsen BUILDING INSPECTION SERVICES This agreement is made and entered into this _ __ day of , by and between the City of Orono, Minnesota (hereinafter "Orono"); and the City of Wayzata (hereafter "Wayzata") is made under and by virtue of Minnesota Statues 1971, Chapter 561, Section 16.861. Witnesseth: WHEREAS, Wayzata is desirous oi- contracting with Orono for the performance of the hereinafter specified building inspection services within Wayzata; and WHEREAS, Orono, has agreed to render such services on the terms and conditions hereinafter set forth; and WHEREAS, an agreement such as this is authorized under and by virtue of the provisions of Minnesota Statutes Section 16.861, Subdivision 1 and 2. NOW, THEREFORE, Orono agrees that it will provide building inspection services for Wayzata subject to the following terms and conditions: 1. Definition of Building__ Code. The "Building Code" administered and enforced under the terms of this agreement shall mean the current edition of the Minnesota State Building Code as adopted by Minnesota Statutes Sections 16.83 to 16.867 including the following rules and codes adopted by reference therein; and including revised or updated editions of said rules and codes as may from time to time be duly adopted by the State: A) 1985 Edition of the StaF.e Building Coop ("SBC") rules identified as 2 MCAR 1.0101 thrr t 2 MCAR 1.18901, including SBC Appendix "A". Techn Requirements for Fallout Shelters, and SBC Appendix "F", variations in Snow Loads. B) 1985 Edition of the Uniform Building Code, ("UBC") as adopted by the State of Minnesota, including Appendix Chapti�rs 32, reroofing; 35, Sound Transmission Control; 49, Patio Covers; 55, Membrane Structures; and 70, Excavation and Grading. C) 1981 Edi,.ion of the :rational Electric Code, identified as "NEC"; D) 1978 American National Standard Safety Code for Elevators, Dumbwaiters, Escalators and Moving Walks, identified as ANSI A17.1-1978 and Supplement ANSI al7.la- 1979; Page 1 of 6 E) Minnesota Plumbing Code, identified as Chapter 4715 extracted from Minnesota Rules 1983 including amendments adopted January 7, 1985. F) "Flood Proofing Regulations". June, 1972, Office of the Chief Engineers, U.S. Army; G) Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Rules Chapter 1345 Extracted from Minnesota Rules 1983 as in effect July 31, 1986. H) "Design and Evaluation Criteria for Energy Conservation in New Building, Additions and Remodeled Elements of Buildings and Standards for Certain Existing Public Buildings", identified as 2MCAR Section 1.16101 through 2MCAR 1.16107; 2 MCAR 1.6007 through 1.6008. I) State of Minnesota Mobile Home Installations Standards 1982, identified as 2MCAR 1.90103; and J) Standards of Performance for Solar Energy Systems and Subsystems Applied to Energy Need of Buildings, 1977 Edition, identified as 2MCAR 1.16101 through 2 MCAR 1.16108. K) 1982 Uniform Fire Code as adopted by the State Fire Marshals' office. 2. Adoption of Building_Code. Wayzata agrees to adopt by ordinance the Minnesota State Building Code as defined above, and to keep such adoption current as new model code editions subsequently adopted by the State. Wayzata may adopt standard fee schedule or any alternate schedule as provided by 2MCAR 1.10111 (UBC 304 a). Orono shall inform Wayzata whenever the ordinances of Wayzata must be revised to include a new or revised code edition. 3. Level of_Buildincj_Cfficial_Services _(hereinafter _"services"). _ The level of services rendered shall be on an as requested basis by the City of Wayzata sppcify:ng the types of work to be done. Specifi7ally excluded are any services relating to administration or enforcement of the National Electrical Code which is under the jurisdiction of the State Board of Electricity. The services shall be performed by a certified Building Official of the State of Minnesota, or by a qualified building inspector working under the direct supervision of the Oron-) Building Official. Page 2 of 6 4. Administrative Procedures. This section is set forth to clarify the responsibilities of each participant and to establish procedures for issuing permits and performing inspectional service. A) Res onsibilit of Wa zata. 1. Administer and enforce all zoning requirements including but not limited to approval of site plan, building size, location and use, and general performance standards. 2. Administer all contractor licensing requirements. 3. ?-,sue all permits and collect local permit fees and stat: or regional charges including Metropolitan Waste Control SAC charges and State Building Code Surcharges. 4. Wayzata issues the Building Permit, collects the plan review fee, the local and regional fees and notifies Orono of th,2 permit day, number and other pertinent information. 5. The Permittee commences construction and calls for all required inspections. 6. The Orono Building Official performs required inspections requested by Wayzata and notifies Wayzata of monthly progress, any violations, and final completion. 7. Wayzata issues the Certificate of Occupancy. 8. Maintain permanent records. 9. Complete all periodic reports and governmental surveys. 10. Prosecute all violations. 10. All services. B) Res onsibilit of Orono. When requested by Wayzata perform any of the following requested sci---ices. 1. Perform preconstruction building plan reviews. Page 3 of 6 ?. Perform construction inspections required for Building Code enforcement. 3. Provide inspection reports and other information for the permai,..nt records kept by Wayzata on work done by Orono. 4. Assist in Building Code violation prosecutions with the Orono Building Official's time, records, and expert information when assisting in a citation. 5. Administrative Responsibility. The daily administration of the building inspection services rendered to Wayzata shall be under the sole direction of Wayzata. The degree of services rendered, the standards of performance and other matters relating to regulations and policies shalt remain under the control of Orono. Headquarters for the services rendered to Wayzata under this agreement shall be located at the City offices of Wayzata. Orono shall submit to Wayzata a monthly report of services rendered and charges due, in such form and detail as Wayzata may reasonably require, as well as periodic suggestions regarding other matters relating to the inspectional service. 6. Communications, _Eguipment_and Supplies. Orono -:)all provide the necessary supplies, equipment and vehicles to the Orono Building Official, except Wayzata shall provide any necessary supplies which must be specially printed for Wayzata such as permits, form:, etc. 7. Personnel_, Employ�es_of_Orono. Personnel assigned to perform the building inspection services for Wayzata shall be emr loyees of Orono which latter City shall assume all obligations -irising out of the employment relationship, including but not limited to salary, workmen's compensation, P.E.R.A., withholding tax and health insurance with respect to such personnel. Wayzata shall not be required to furnish any fringe b— fits or compensa�'on whatsoever. 8. All Personnel to be officers of Wayzata. Tha Orono bui. .ig Inspector assi_gned to duty within Wayzata shah be provided specific authority to administer and enforce tree Building Code as provided by this agree: Such authority `call be granted by proper action of the Ci -)unci 1 of Wayzata through adoption of an ordinance specifying authority. Page 4 of 6 9. Enforcement. Enforcement policies shall h•- ose of Wayzata with Orono only providing a support role a^ ;.rested. Orono personnel assigned to duty in Wayzata shall en -_e the Building Code regulations fir Wayzata. The Orono ;personnel will. not enforce any other local, state or federal regu_ations, including the sections of the Minnesota State Building Code not included in paragraphs 1 and 2 above, zoning or other ordinance or statute within Wayzata unless such enforcement is otherwise specifically provided for by written contract. 1©. violations and Penalties. All violations occurring within Wayzata shall be charged in accordance with the ordinances of that city and shall be subject to the penalities provided therein. Prosecution of such violation shall be by the Prosecuting Attorney of Wayzata. All costs and expenses incurre� by said prosecution shall be paid by Wayzata. 11. Cooperation_ and Assistance. Wayzata shall provide f_ 11 cooperation and assistance to Orono, its officers, aa_ents ar,d employees in the rendering of the Building inspection services, and the Orono Building Inspi ctor shall fully cooperate with all officers, agents and employees of Wayzata. Any problem resulting from the performance of these building services by the Orono staff shall be referred to the Oror.0 Building Official who must respond to the Wayzata City Administrator within five days of such notice. If the Building & Zoninq Administrator fails to respond within the specified time, the entire matter shall be referred to the Orono City Administrator for immediate action. 12. Cost to --Wayzata. For and in consideration of -he rendition of the servces described herein, Wayzata shall pay Orono as follows: See Appendix A. 13. Effective Date - of Service. The effective date of ser ..ce shall be on the 1st day of April, 1988. 14. Hold Harmless andWayzata shall _Indemnifi� on_A�reement. indemnify and hold harmless the ity, the City Council, and the agent nd employees of the City of Orono from and against all claims, damages, losses or expenses, including attorney fees, which -he Cite, City Council and agents and employees of the City may suffer or foi which it may be held liable, arising out of. ,:).- resulting from the assert'on against them of any claims, debts or ooligations in conseque of the performance of the Orono Building oep:rtment in the enforcement at.d administration of the Building Code e the directive of Wayzata. Page 5 of 6 15. Termination -of -Agreement. This agreement shall remain in force and effect from the effective date of service until cancelled 1)y either party. An,: such termination shall also conform to other applicable provisions in this agreement, and shall be subject to Wayzata paying ary and all charges due for services rendered orior to the termination. A) Cancellation by Wayzata shall require 30 days written notice to Orono. B) Cancellation by Orono shall require 30 days written notice to Wayzata. Wayzata agrees to pay to P, ^,o any expenses, including reasonable attorney's fees, incurred t rono in enforcing the termrs of this agreement. Page 6 of 6 APPENDIX A - AGREEMENT FOR BUILDING INSPECTION SERVICES BETWEEN ORONO AND WAYZATA The following appendix outlines the services available for request. Nothing written here shall prohibit its continuation by mutual agreement of the parties. 1. PLAN REVIEWS AND BUI_LD'NG INSPECTION SERVICES - Orono will charge trees on a per tv :eie.__Thls includes all building, structural, mechanical ^lumbing. The time starts whenever the Inspector crosses the t7cder into Wayzata and will continue until such time as they cross out of Wayzata excluding any breaks the Inspector may take or any time spent in the community for office hours or plan reviews. Orono is responsible for all mileaqe and fees for the Inspector. The following hourly rates apply: Plan Review $60.00/Hour Construction/ $35.00/Hour Pre Construction Meeting Building Inspections and $25.00/Hour Office Hours Additionally as the need arises Orono will utilize the Wayzata Inspector to cover inspections in Orono (but not in any of its other contract communities of Spring Park or Minnetonka Beach) and these inspections will be charged out on the same basis as Orono charges Wayzata and the rate for the Inspector will be $12.50 per hour. Plumbing and mechanical inspections will follow the same phase as residential building inspections. 2. ELECTRICAL INSPECTIONS - All electrical inspections will be done by the State. 3. FIRE CODE ENFORCEMENT - The Building Inspector of Orono will work_with_Wayzata's__Fire Marshal on all pre -construction, construction and violations as part of the regular services. 4. PERMIT ISSUANCE - All permits will be issued by Wayzata through their offices and all fees will be collected by Wayzata at their offices. 5. OTHER INSPECTIONAL SERVICES - As need be, the Orono Inspector will assist Wayzata inh c^er inspectional services for items such as hazardous buildings proceedings, etc. which will be billed out at the normal inspection rate. Appendix A Page 2 of 2 6. CLERICAL FEE - For all correspondence prepared by Orono's clerical_staff, Wayzata will be charged in fifteen minute Increments at an hourly rate of $15.00 per hour. This will cover clerical work done over and above that related to plan checks, will be for correspondence done on Wayzata letterhead for violations, building inspections, etc. 7. HOURLY RATES maybe changed by Orono after January 1988, upon 45 days written notice to Wayzata. In no case will this rate increase exceed 101 per year. IS WITNESS WBM=F, the parties have executed this agreement in duplicate this and shall remain in effect until 31 December cancelled in accordance with Section 15 of this agreement. ATTEST: Dorothy M. Rallin, City Clerk James R. Grabek, Mayor ________------- _________________ City of Wayzata TO: Mayor and City Council , I FROM: Mark Bernhardson, City Administrator L:�if 9 19 DATE: April 4, 1988 (7 SUBJECT: Administrator's Information t,li l rr'Pi1Jl9(% 1535 BOHNS POINT ROAD - It is anticipated that a permenant certificate of occupancy for the balance of the house will be issued on June 1, 1988. A pre -inspection checklist for corrections was prepared on March 23, 1988, The final certificate of occupancy will not be completed until the appropriate landscaping has been completed on the property. DARE _PROGRAM_ - Attached please find information regarding the Drug Abuse Resistance Education program. As noted in the attached memo the City will be sending one of its officers to attend this course together with officers from St. Boni/Minnetrista and Mound in an effort to focus a drug awareness program on the pre -teen group. CITY FAC_ILITI_ES - SITE_ ANALYSIS - The staff has reviewed the inI"tial site analysis inEormat�on given by the consultant and will be making their comments to the consultant within the next week. The Planning Commission is scheduled to review this information at a special meeting held May 18, 1988. The special meeting is also called for consideration of the city's zoning amendment that relates to buildings on lots which started life as an accessory building ordinance. MINNESOTA CITY MANAGERS CONFERENCE This is to inform you that I will be attending the Managers Spring Training Conference at Cragens Resort from Wednesday, May 11 through Friday, May 13th. During my adsence John Gerhardson will be Acting Administrator. COMPREHENSIVE PLAN AMENDMENT - The Metro Council's Community Development Committee, based on a staff recommendation for approval of Orono's Comp Plan, has recommended approval of the plan at their meeting on Thursday, May 5, 1988. It is anticipated that this will be considered by the full Council at their Thursday, May 12, 1988 meeting. Attached please find a copy cf the staff report. MARINA LICENSING - Mike Gaffron will be making on -site inspection of the marinas this month. Based on those inspections a recommendation regarding the licensing process will be forthcoming for marinas with no changes since the last license, those with land use plans and those with corrections that have not been made since the last licensing. GOALS -AND. -OBJECTIVES - See attached. DATE: May 4, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Hilbo, Chief of Police SUBJECT: Drug Abuse Resistance Education "D.A.R.E." D.A.R.E. is a primary prevention program aimed at children who have yet to have their first drug experience. It's goal is to reduce the incidence of drug abuse by children through the pre- sentation of a prevention curriculum by specially selected and trained uniformed police officers. A summary of the program and an evaluation report of the D.A.R.E. pilot program for your re- view. The Mound Police Department, the St. Boni-Minnetrista Public Safety Department and the Orono Police Department have confirmed space for these officers at the school in Illinois on October 3 - 14, 1988. Officer Friendly, James Cornick, will participate in this project which will be a cooperative venture between three police depart- ments and two school districts. ,ga01Ai jnCiuS <„J41111(tit PUBLIC SAFETY DEPARTMENT Craig A. Anderson Public Safety Offices Chief of Police PolicelFirelAmbulanee 7701 County Road 110 West Emergency 911 Minnetrista, Minnesota 55364 Dispatcher: 544 9511 612-446-1131 Crime Stoppers. 45-CRIME 1.1 E M U Fug Chief Len Harrel l a�Chlef Mel Y.i Ibo FROM: Craig Anderson DATEi April 28, 198t1 RE: L-.A.R.E. Enclosed is the information sent to us by the Illinois State Police. Our registrations were confirmed by phone and the signed forms mailed. The Illinois State Patrol is in the process of writing a grant that may pact up all of our expenses for our officers to attend. Please let us know, if you receive any correspondence from the Illinois State Patrol and we will do the same. CAAi fah Enclosure 'SEE IT, HEAR 17, REPORT IT • Illinois State Police Division of Administration Strategic Development Bureau 201 East Adams, Suite 300 Springfield, Illinois 62701 (217)782-5227 • DARE Drug Abuse Resistance Education Program Background In January 1983, Chief Daryl F. Cates of the Los Angeles Pclice Department (LAPD) approached Dr. Harry Handler, Superintendent of the Los Angeles Unified School District (LAUSD), expressing concern about drug problems facing society. As a result of this meeting, a task force comprised of LAPD and LAUSD personnel was appointed to develop a drug abuse prevention program for elementary school children. During the development of the curriculum, numerous drug abuse education programs were examined. Task force members agr^ed that a prevention program was best suited for the targeted age group. Existing prevention models which emphasized an understanding of peer pressure, self -management skills (decision -making, values clarification and problem -solving), positive lifestyles and alternatives to drug use appeared to be experiencing the highest degree of success. As a result of this study a cooperative LAPO/LAUSD drug abuse prevention program called "DARE" (Drug Abuse Resistance Education) was developed for presentation to fifth and sixth grade students. DARE curriculum focuses on peer resistance training, self-concept improvemcot, and value judgements about respect for the law and personal safety. In September 1983 the DARE pilot program was introduced in selected Los Angeles City Schools by 10 LAPD officers. Before entering the classroom the officers participated in 80 hours of training, including curriculum on teaching technique, elementary school operation, preparation of visual aids, officer -school relations, communications skills and child development. Since its inception, Los Angeles DARE has grown to 53+ who reach students in more than 300 elementary schools in the city. Teachers, school e r strators, parents and students report positive results directly attributable to DARE instructs...:. The program is so successful that it has become a model for police agencies throughout the country. DARE LESSONS 1. PRACTICES FOR PERSONAL SAFETY - Used to acquaint students with role of police and review practices for safety of students. 2. DRUG USE AND MISUSE - Helps students understand that there are many consequences, both positive and negative, that resuit from using and choosing not to use drugs. 3. CONSEQUENCES - Helps students understand that there ore many consequences, both positive and negative, that result from using and choosing not to use drugs. 4. RESISTING PRESSURES TO USE DRUGS - To make students aware of kinds of peer pressure they may face and help them learn to say no to offers to use drugs. 5. RESISTANCE TECHNIQUES - WAYS TO SAY NO - Teaches students ways to say no in resisting various types of pressure. 6. BUILDING SELF-ESTEEM - Helps students understand that self-image results from positive and negative feelings and experiences. 7. ASSERTIVENESS: A RESPONSE STYLE - Teaches that assertiveness is a response style that enables a person to state his or her own rights without loss of self-esteem. B. MANAGING STRESS WITHOUT TAKING DRUGS - Helps students recognize stress and suggests ways to deal with it other than by taking drugs. 9. MEDIA INFLUENCES ON DRUG USE - Helps students develop the understanding and skills needed to analyze and resist media Presentations about alcohol and drugs. EVALUATION OF THE ILLINOIS STATE POLICE PILOT DARE PROGRAM EXECUTIVE SUMMARY Prepared for the Illinois State Police June 16, 1987 By: A.H. Training and Development Systems, Incorporated Dr. Ralph B. Earle, Jr. Jackie Garner, M.S./Ed Nancy Phillips, B.A. V O r D.A.R.E. EVALUATION OF THE ILLINOIS STATE POLICE DARE PILOT PROGRAM In January 1487 the Illinois State Police (ISP) contracted with A.H. Training and Development Systems, Inc. (AHTDS) of Spring- field to help the ISP conduct an evaluation of its pilot Drug Abuse Resistance Education (DARE) program. The DARE program teaches resistance skills to fifth and sixth graders through a curriculum of 17 weekly one -hour lessons. Th• unique aspect of DARE, which sets it apart from other school - based drug education orograms, is the fact that its curriculum is delivered by a uniformed (unarmed) police officer and not by a classroom teacher or other school employee. The evaluation of the DARE pilot program, therefore, has three major areas of investigation: 1. Is the DARE officer accepted in the classrocm by the students, teachers, and principal? 2. Is the DARE program accepted by the community? 3. Does DARE effectively teach resistance skills? AHTDS agreed to provide technical assistance in the design of the evaluation, and to collect and analyze survey data obtained from police officers who taught DARE, teachers, principals, alcohol and drug abuse service providers, community representatives, law enforcement officials and the DARE students themselves. AHTDS staff videotaped DARE students in role-plays designed to show whether the students could demonstrate refusal skills. Three judges from outside the State of Illinois rated the students' re- sistance skills. The surveys showed that the DARE pilot program won broad accep- tance from the law enforcement community, from community representatives, and from teachers and principals. More than 901 of each of these four groups felt it was either "very appropriate" or "somewhat appropriate" for a state police officer to teach the DARE curriculum. Alcohol and drug abuse service providers, however, generally did not find it appropriate. Only 40% of this group responded "very" or "somewhat" appropriate. Despite this high degree of support for the appropriateness of a state police officer coming into elementary classrooms to teach DARE, a majority of four of the groups surveyed felt that, in most communities, it was more appropriate for a local police of- f icer to teach DARE. Teachers were the exception to this opinion; only 42% of that group felt that it was more appropriate for a local officer to teach DARE. With the exception of the service providers, overwhelmingly those surveyed felt that classroom teachers would not have obtained the same results, if they had taught DARE. Only 84 of the teachers themselves thought they could have accomplished the same results. None of the law entorcement officers thought so, and only 5% of the community representatives and 5% of the principals thought SO. But about half (551) of the service providers did think that the teachers could have done as well. While only One in three service providers would recommend DARE to their fellow professionals, all of the law enforcement officials, all of the community representatives, and all of the principals would recommend DARE without any qualifications. Of the teachers, 87% would recommend DARE without qualification. The first four charts on the following pa,-jes summarize the gener- al acceptance which DARE has received from these five groups. It should be clear from these charts that the service providers do not share the positive view of DARE which the other groups have. The ISP should also note the large and significant difference of opinion between the law enforcement officials and school princi- pals on the one hand and the teachers, of the other, as to wheth- er it is more appropriate for local officers to teach DARE. In view of the ISP's plans to expand DARE over the next two years, this difference of about 70% vs. 40% suggests that the DARE classroom teachers may foresee problems for local officers teach- ing DARE which others do not. Students in five schools were asked whether they "liked the DARE program." Because some students may have been reluctant to an- swer "No" directly, we used a method of surveying called "randomized response," which gives students an extra level c' confidentiality. We also administered this survey twice, in the middle and near the end of the term, to allow the students to be- come accustomed to the method and the extra protection it gives. Even with this protection for negative answers, the overall re- sponse was extremely positive, averaging over 90% "Yes" responses, and never lower than 80%. )These results are shown in the fifth chart following this summary.) Because of their critical roles in the success of the DARE pro- gram, we surveyed teachers and principals at some length. In both groups over 961 agreed that DARE has made a positive impres- sion on C:e children, that DARE is a valuable program, and that they would like to have their school participate in DARE in the future. This support for DARE was corroborated by a survey of the DARE officers themselves. On the average, the teachers helped the of- ficers 85% of the time and hindered the officers only 61 of the time. Principals were helpful 77% of the time and hindering only 7% of the time. Parents of DARE students were also surveyed, at meetings held by 45 of the 86 schools. Of those who expressed an opinion, fully 99% felt that they would be able to communicate better with their children after the meeting, that they would like to attend other meetings, that they would recommend the meeting to other parents, that the use of a uniformed officer to teach DARE is a good idea, and that they supported DARE's goals. Finally, as to whether the DARE students can successfully resist peer pressure to use tobacco, alcohol or ugs, the evidence from the videotaped role-plays is very encouraging. We cannot tell whether the role-plays are truly comparable to the real -world situations in which students might be pressured to try drugs, away from the watchful eye of the camera and the evaluators. But, as the last chart shows, the judges scored 87% of the students as demonstrating full refusal skills after the fifth week of the DARE curriculum. After the fourteenth week, 92% of the students demonstrated full refusal. In adOition to teaching refusal skills, according to 80% or more of the teachers and the principals, DARE had also had the follow- ing positive result,: 1. Students are more willing to talk about problems relat- ing to drugs; 2. Students are more likely to say "no" to negative behav- ior; 3. Students have more positive attitudes towards police officers; and, C. Students have more negative attitudes about drug use. In summary, except among other providers of alcohol and drug abuse services, the DARE pilot program has received very strong acceptance from all those touched by it. DARE students are con- sistently able to demonstrate refusal skills, at least in front of a video camera. Those most directly involved with DARE do not think that classroom teachers could obtain the same results, but there is an important difference of opinion as to whether local officers should be teaching the DARE curriculum, instead of state police officers. If you would like a copy of the total evaluation, please write to: Illinois State Police Strategic Development Bureau 201 East Adams, Suite 300 Springfield, Illinois 62701 Percent Who Feel It Is Appropriate. for State Police Officers to Teach DARE woe Percent Who Feel It Is More Appropriate - for Local Police Officers to Teach DARE hire iI I I I 42s I ' I I War ' I I I I j rtV •Per�.nrd dr �Ewnl �rw • r..e. cr "In Percent Who Feel Classroom Teachers Would Have Obtained the Same Results* Percent Who Would Recommend- DARE to FelbW Professionals loci ,oca ioo: Gr,u,:, Sa:e;ed •:'i�,rrd' WrtrnJW ACV crt CS Rz. ", Percent of Students Who Like DARE Percent of Videotaped Students Who j Demonstrated Complete Refusal Skills ,;.. ,ccx ! I ^e I JUJ66 G Jw o C. ALL THREE vdk.x i '.L.j-la, r.. End pl Ibr., STRATEGIC DEVELOPMENT BUREAU DARE TRAV4NQ REOIJEST Debt —il In 10AA — Authorizing Signature: Address: Po Box 86 Contact Person: Civstal Bay, MN 55323 - Chief Mel Kilbo 612-473-7710 �AiNrS C'oLN cG Number of Training Slob Requested: 1 --troi.rri rl+s{, it Preferred Month for Training: October 3 - 14 1988 Comments Reservations made by phone by Chuck Walerius St. Bonifacius - Minnetrista PSD 612-446-1131 Send Completed Application to: Bureau Chief Timothy I DaRosa Illinois State Police Strategic Development Bureau 201 East Adams Street, Suite 300 Springfield, Illinois 62706 g; ILLINOIS STATE POLICE Jeremy D 6fargoh, April 14, 1988 D,.,. Juvenile Officer Chuck Walerius St. Boni facius/Minnetrista Police Department 7701 County Road 110 West Minnetrista, Minnesota 55364 Dear Officer Walerius: Thank you for your interest in the Drug Abuse Resistance Education (DARE) program. the Illinois State Police is very proud of this program and happy to share the enclosed information with you. DARE is a primary prevention program aimed at children who have yet to have their first drug experience. Its goal is to reduce the incidence of drug abuse by children through the plesentation of a prevention curriculum by specially selected and trained uniformed police officers. The curriculum itself focuses on the concept of peer pressure resistance training, self concept improvement, personal safety and value decisions concerning respect for the laws. Having uniformed officers instruct a primary prevention program has produced results even greater than expected. Enclosed is a summary of the program and an evaluation report of the DARE pilot program for your review. Since Its inception, DARE has served as a model for agencies throughout the country. Illinois' pilot program has received excellent reviews from teachers, parents and law enforcement officials. The demand for DARE increases on a daily basis. As a result of this demand, the Illinois State Police have received training on how to present the DARE training course. The Loa Angeles DARE program has been extremely helpful and Indeed encouraged Illinois to provide DARE officer training to help meet the demand. � gy rn rr •- The next ISP training session with space available is October 3 - October 14. One space is being held for your agency for this session. Please complete the enclosed application and return to the address listed to secure this position. If you have any questions regarding Illinois DARE, please feel free to contact Me. Linda H. Lang, DARE Educational Consultant, at 217/782-5227 or write the Illinois State Police, Strategic Development Bureau, 201 East Adams Street, Suite 300, Springfield, Illinois 62701. Very truly yours, Jeremy D. Margolis Director By: Timothy J. DaRosa, Chief TJD:lm Strategic Development Bureau Division of Administration Enclosure Do,mon or Admimurarion 21sr Armon Budding — Spr ngheld. Illinois 62706 1217) 7824424 I METROPOLITAN AND CO FA MITY DEVELOPMENT CONFAMME MEETING May 5. 1988 2:00 p.m. Council Chambers AGENDA I. Agenda II. Approval of Minutes of April 14. 1988 Ill. Meadowood on Marcott Environmental Assessment workshest. Referral File 14447-1. Council District 15 Discussion Paul Smith Action IV. Production Assistance Grants Recommendations - Discussion Linda Hennessey - Action V. 1988 Title IIIB Interim Period Grants - Discussion Jim Malley - Action VI. Stone Ridge. Maple Grove, Referral File 14440-I. Council District 9 - Discussion Audrey Dougherty - Action VII. City or Orono. Highway 12 Corridor Study Comprehensive Plan Amendment, Referral File 14023-2. Council District lj Discussion Paul Baltzersen Action Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 16121291-6359 700 291-0904 Metropolitan Development and Investment Framework The original Metropolitan Development Framework proposed including a large portion of eastern Orono within the M.e•ropolitan Urban Service Area. The city in its comprehensive plan submitted to the Council in 1981 chose to maintain a rural residential character and to not request sewer service beyond a few locations that were experiencing onslte system failures. The addition of the proposed 258 acres, while not of the magnitude of the earlier service area envisioned for Orono, is consistent with origi nul Council intent. The city is proposing the addition of 245 acres north of the city of Long Lake. This includes 124 acres which the city assessed in 1967. A smaller area, the 13 acres, is located between the city of Long Lake, which Orono surrounds, and the city of Wayzata. The areas proposed for service are contiguous to existing serviced areas and in the case of the larger parcels provide service to the north side of Highway 12 compl menting existing service on the south side. With the proposed amendment the supply of land will exceed the demand plus overage forecast by the Metropolitan Council. The Council's demand, however is based upon continuation o.^ Orono as a solely rural residential community, not as a city with an urban survice area. The 1980-2000 demand with five year overage is estimated at 3:35 acres with estimated supply of 220 acres. A review of the city's vacant avai::able land shows only 50 acres of developable land within tbeurban service area. The additional 258 acres should be approved to give the city a critical mass for an urban service area. The city permits residential development in the rural area on two acre lots. This is inconsistent with the Council's recommended density for the general rural area of one housing unit per ten acres. The city should consider lowering its permitted deisities in the rural area which is more supportive of the investments it is making in sewers. The Council will consider progress the city is making in reducing rural area density in any subsequent requests for expansion of the urban service area. Sewers The city of Orono by choice had limited sewer capacity allocated in the metropolitan sewer system. The request for additional service required the Metropolitan Waste Control Commission to investigate available capacity. The MWCC has determined that sufficient capacity can be provided (see attached letter) to serve the propcsed development of 500 residential equivalent units. The MWCC will need to add a third pump to the Long Lake lift station. With this improvement the commission will have sufficient capacity for the development and still be able to provide the currently allocated capacity to upstream communities at minimal cost to the commission. Transportation - Steve Alderson The Orono plan amendment is consistent with the Council's transportation policy plan. The proposal that frontage roads be paid for locally is commendable. Also the strategy will allow some development to occur and provide for safety improvements. In the longer term, this may be only a band -aid approach to what is truly needed - preservation of sufficient right-of-way for eventual upgrading of the roadway. Minimum right-of-way of 100 to 150 feet not counting frontage roads should be preserved by the city. Housing - Joanne Barron This amendment proposes planned unit residential development for portions of the Highway 12 corridor, consisting of single-family and multifamily housing. Because Orono currently has very little multifamily development, this plan would increase opportunities in Orono for a variety of housing types, enabling greater choice of housing in the city. The amendment proposes multifamily densities of up to 10 units per acre. The city may want to consider allowing higher densities of up to 20 units per acre, to allow greater flexibility of housing types and the potential for more affordable housing. FINDINGS 1. The city's proposed urban service area addition, while in excess of Council forecasted demand for land, is consistent with original Council intent for service to Orono. The 258 acres will provide a critical mass for an urban service area in the city. 2. Orono permits development on 2 acre lots in the rural area which is inconsistent with the Council-s recommended density of 1 housing unit per 10 acre and which is also not supportive of the investments the city is making in sewers. 3. The Metropolitan waste Control Commission has indicated that the metropolitan sewer system has adequate capacity to serve the proposed development in Orono with the addition of a pump to the Long Lake lift station. The commission will be able to provide currently allocated capacity to upstream communities at minimum expense. 4. The proposed amendment is consistent with the Council's transportation policy plan. It is recommended that the city preserve a 100 to 150 foot right- of -way along Highway 12. 5. The proposed amendment is consistent with the housing guide chapter of the Metropolitan Development Guide. It would provide for multifamily housing, would increase opportunities in Orono and enable greater choice. RECOMMENDATIONS 1. That the proposed amendment expanding Orono's urban service area be found consistent with the Metropolitan Development and Investment Framework and other chapters of the Metropolitan Development Guide. That the city consider reducing its rural area density to one housing unit per ten acres consistent with Council policy. 2. That the city consider preservation of 100 to 150 feet of right-of-way along Highway 12 for future improvements. 3. That the city consider allowing higher densities of up to 20 units per acre, to allow greater flexibility of housing types and the potential for more affordable housing. PB113A/PHLPA166 1967 NUSA ADDITION k l'�' ��� <AZAY7 1910 YOP.f ORONO )00 MUS • +. e .K A� 1 APP ..,....... Ad 51910 NP. 966 1letropo6tan haste t-ontrot t,Ommtsslon 350 Mom Square Building. 71h and Aoben. St. Pau_ Minnesota 55101 March 14, 1988 Mr. Mark Bernhardson Administrator City of Orono Box 66, Crystal Bay Orono, MN 55323 Dear Mr. Bernhardson: This letter is a followup to your meeting March 2, 1988 with staff members of the Metropolitan Council And the Metropolitan Waste Control Commission regarding the available capacity in the Long Lake interceptor for the City of Orono. It is the Commission's understanding that there is remaining capa- city in the Orono -Long Lake -Medina trunk sewer to allow for the development of 116 residential equivalent units from the City of Orono. It is also our understanding that the proposed Highway 12 Corridor development and trunk sewer improvements will provide additional capacity for approximately 500 residential equivalent units, some of which may be allocated to Long Lake. During our meeting it was indicated that the Commission's Engineering Department had just finished a report on the up- grading of the Long Lake lift station. The results of the report indicate that with the addition of a third pump, the Commission can increase the pumping capacity of the station to 2750 gpm or an average flow of 1.32 mgd. This is very close to the total allo- cated capacity of 1.39 mgd for the Long Lake -Maple Plain sevice areas. The report also indicated that the lift station capacity could be further increased by changing the size of the impellers, altering the piping arrangements within the lift station and adding larger pump motors. The study did not review the impact that these further modifica- tions to the Long Lake lift station would have on the Orono lift station-forcemain system. However, it would appear that there is sufficient capacity available for your proposed development with- out a major improvement being required. The Commission will notify the Metropolitan Council that with the addition of the third pump to the lift station the Commission will have sufficient capacity to provide for your proposed development and still be able to provide the currently allocated capacity to upstrer.m communities at minimal costs to the commission. _1= Ilk .) U rears Mr. Mark Bernhardson Page Two 3.14.88 If we can be of any further assistance to the City, please call. Sincerely, ✓r Walter K. Johnso Director of Planning WKJ:DSB:blm cc: John Butford, MC Paul Balterson, MC John Almo, MWCC Ed DeLaForest, MWCC Bill Blain, MWCC DW. S.PPOc =QUMD MD M E.� CPR aU®IwM11 1 wr lm - M A.M. 190 '87 M - 1987 Cmntll Strategic Pla mini Sbort Tern Mjmtive .88 m - ♦;ds Siam Term objective Aunt mlif. AI®1 ®iRTM' 1. Ca..iRm DEWLOP14N[ HigMal 13 '87 M A. Co:prebensive Plan am daent 13 (5/87) Receive [rock from Met C it Pi.1 Plan approval Zmiy areMAmta - Draft - Plaming Ccma�iasim cmcideratim - Caucil cmaideratim Megmiatioma m utilities (1.a9 take-Ikdi.) uarr Vi./BB 5/15/08 p:teomim to 5/15 grantad to Mtro Ccumil faloming 4/8/M seeting re: Urban L d s Mtici,ste aetim m 5/12/68 by Metro Cartli 6/15/BB 6/15/&. N rently being drafted T/l/M Cmtae< SNPdlom regardirq awiaunx in devalc.eent 8/1./88 88 SID S. C rridrc Selxtim Study M me Task Puce l./l/M Ad 8m Task Patty - 1st aeetiN 5/19/88 Complete paa 1 I A18A m1L sum. ®,6[TIg6 uft� sa5if8 .. caefrtim awnpia2+r cmt. Navarre Wweltpeent -88 SM Engage camultants 3/25/80 rapaeeted Wotetion - Plamim 7b Ee detaesMri fro. J. BMrdla tegatdlaq cost to - Ixgel do aaater plan develapamt for etas. 7e .eat 5/6/68 Itiate Goal/Oojeetiw 18/3/88 S ' --Inq process ,Be Sm Coosider M farastim 6/15/88 2/88 paguaat Attotaey audios Solicite ideas/p,apusls pratm tatpitetl m cst lien C.. if Oeaide to do 9/1/88 3/l/88 retsWscl arflines E. mtaClisiaent of 6P11. Staff ,evfealig fot event ' 87 SIG Canty 15 Oevelga t '00 sm Oetemine desIrW 5/39/88 Issue aE lighting to 2/22/88 total attvap.pim Council .eetin3 Imf,rmeae is 2/22/88 C.il owllers lighting Public Nta,lm 5/23/88 Ca it ptesentatim 19/26/87 to prassat initial recvertlatlwM 11/23/87 Pi.im Plan 5/30/88 Cmrsptual approval 1i/14/87 Pi.ial revi.l. ptapoee! 2/22/ee 3/29/88 taold to 5/23/08 Coaplete oonstruatim 12/1/08 3o manse 4/15/89 '87 M Community 'Itenap¢tatfan Plan Nefine capital f¢weamt 7/1/80 -88 sm Program Prior to 89 W63et mter.ine otid, o laoameat SAM pro,ram Coatimed aalynis pt'lic/Private O.Wim tvaluete Cty 116 7/1/80 3/17/86 rsaivad repast it= Medal 6/25/88 Cai U elects not to 9u t eaacLution .87 = Bto.0 Nate, 1Maa9ament Plan Be SM AI®d Coil. AWk 1. c@9aRirrr tF.yHM4'Nf tort. cam Iry - Directim and prrgrem 88 M ]. dMTRyB6.erWd. PPOIS W 187 M stubby Bey -88 M solid Neste Namgeamt Neviev advisctvpoli y bodies role/Pepemsibillties Aevlea a rev ion as necessary sniff/edviaory/Polity body process for demlcpeent revlev I eaQutim vorkin8 tomads servioe a results oriented 'No so,"i- " prose® sroa. fettive tmtrol m sermon Coaplete reeds nmmeanc Project femibillty-[verge beteraine ammment area interest Pimreing gtiaa Consider develaPent a¢atoriu If Appr riate - tnitlam peojact - project bid vee S/88 8/68 IB/86 Wee I@/" wee - Crmxrce project I2/86 - Aaeem Project B/69 - cos lets project 11/69 Hamm recycling efforts m goal 6/88 Aaaem otter, amour m met 9m15 6/88 ireludinj loal coaposting envier mgulationa regarding 9/68 solid rum saplora otgan'_ma Collection 6/BB 4/11/08 presented to C il. 1b be reviemd by Plaonirg Cowiaalm Mtieipate reeds mammmt 11:ft/B peamted S,aitred egmgt for feasibility lity %,dam tvt Presently etploring cptiam with City Att¢my's offla AREA 1. OaCADL]ATIOB Divela>t1t2a 1989 C.il Goal Betting Caavme T/BB Complete Wes 1989 Budget Pr¢eaf Maessvene Board of Le tw 9/m 6/27/88 initial sting imld. Anticipate omeloal. on 5/9/88 Capital budget Adrytlm 8/88 Budget Adcptim 9/36/BB 1989 Legislative ProBraa Co. 1g/m foam wilding Staff 11/68 Cmncil - coasider Poamats 2/89 1Adertake if deaired 8/99 s. S' CE DEWWRY lb PLmlm C issim for review 5/18/88 '87 M Pxilities Study 6/88 -88 m PM. 11 Completion Imteaermt aty recandatime 7/88 '87 M Lang Parge Pinarclal Polity Draft polity tt m it 7/89 2/22/89 Initial draft capital budget disaeeed Ccumil adoption 6/88 Golf Course bevel peen[ a fatalness 7/87 strategy Mimal Cartrol Valuate prograa B/W raoaadadrL ice E egetadu BeaoD-1988 •ake/ep mJ t 5. INPN Pt50pAB cc p nsatim 6. MMIh m tkplate iettovv B/BB F.1 plan to 2/88 I.ti. as sitndu ronal plan n aajosraenm to copenutlan plan ptewntW 2/27/88 y/n/BB plan adWoW 4/l3/BB cop w to tepott .WttW to Smm City lnto�etiw Oeyar's uticlea Ongoing M lettet ¢ alntlm a[ sys a/" Msyors's utlele tout to t ntlnue to S/BB to< nett evalntioi O'CONNOR 6 HANNAN Ikl\ M�r� I'I� I ATTORNEYS AT LAW ...... r _ •i °Y a:" 3000 IDS CENTER :°p e`�p •`+:'w`:S:". o�'�' �•^`•^,�: BO SOUTH EIGHTH STREET w w.. •:cwP: e' °: oiun- bo.� �•q. ,:r. Yu.+• MINNEAPOLIS, MINNESOTA 55,1022254 ••! ° 4: :°.'.. eel 1.3800 w�ii, `, ��S e:Pa: eru,,,F .eeu•n,N 'O.Y:%'iiws(e", • •� TELEX 2e-05B4 a�o:�aiQ Paw.�vw.w.•,w � 'e�le �w �' ••., tELECOPIER I601343-1256 u3i4ti %7w. ' .�..�... ..,,., ,. r NA X `Pw . a• INCLUDING THE FORMER FIRM MKINTO!M 6 CONNERS pi .! ^�•' w s:; DIRECT DIAL NUMBER ``""T.•„" ••,•` `O"""'a..,.ro.. u. MEMORANDUM TO: Lake Minnetonka Cable Commission City of Mound, Minnesota City of Waconia, Minnesota City of Belle Plains, Minnesota FROMi Thomas D. Creighton DATE: May 1, 1988 � RE: Request for Approval of Transfer of Ownership in Cable System and Transfer of Cable Franchise Please find below a summary and analysis of the proposed transaction regarding a request from Dowden Communications, lic. ("Dowden") to the Lake Minnetonka Cable Commission and the Cities of Mound, Waconia and Belle Plaine (together referred to as "Cities") to approve the sale and transfer of its cable system and cable television franchise to Triax Midwest Associates, L.P. ("Triax"). The purpose of this report is to provide the :es with an understanding of the transaction and the star.. Tr reviewing whether to approve it. I. INTRODUCTION At the time of awarding the original cable communica- tions franchise, the Cities considered and approved the technical ability, financial capability, legal qualifica- tions and character of Dowden, as well as other appropriate factors. These same qualifications are to be considered and reviewed as part of the transfer request as they relate to Triax. The sources of information used in examining these factors include information provided by Triax in its Response to Request for Information as well as supplemental written information provided by Mary A. Smith, Regional Manager of Dowden and James C. Vaughn, Director of Operations of Triax. II. DESCRIPTION OF TRANSACTION Triax Midwest Associates, L.P. is a limited partnership which has been formed by Triax Communications Corporation, as general partner, for the purpose of acquiring certain cable television systems, among which are the systems serving the Cities. Upon closing, Triax Midwest will own cable television systems serving approximately 105,000 subscribers in eight states. Upon the approval by the Cities, and further upon the payment of the Cities' expenses in this transfer and the activation of Regional Channel 6 in all Cities except Belle Plaine, Triax will execute franchise documents currently in existence with Dowden as Grantee, and Triax will be obligated to all terms and conditions of said - 2 - existing franchises including, but not limited to, the remaining terms thereof. Our review of the purchase agree- ment between Triax and Dowden shows no adverse terms or conditions as it relates to the Cities' interests. III. STANDARD OF REVIEW The Cities' task in this process is to review the infor- mation provided regarding the transaction and to decide whether to approve or deny the transfer of the franchise and system. The franchises provide the Cities with the express right to approve or disapprove the transfer of ownership of their franchises and systems. The standard of review is that the Cities' consent shall not be withheld without a showing of good cause. For the purpose of determining whether they wall consent to the change in control and transfer of the system and franchise, the Cities have made inquiry into the legal, technical, and financial qualifica- tions of Triax, as well as other appropriate factors. In analyzing the transaction, the Cities must consider whether Triax meets all of the criteria originally considered in initially granting the franchise to Dowden. Note, however, that this analysis is not a comparison between Dowden and Triax to determine which is more quali- fied. Rather, the analysis is an application of the same factors to determine whether Triax satisfies the stanc3rds to the reasonable satisfaction of the Cities. MM The Cities should focus upon the fol owing factors in determining whether to approve or deny 'ne transfer to Triax: 1. Legal and character qualifications of Triax; 2. Technical ability of Triax; 3. Financial stability of Triax; and 4. other appropriate factors. IV. ANALYSIS Each of the factors will be analyzed separately, although they are not necessarily exclusive. A. Legal Qualifications The legal qualifications standard relates primarily to an analysis of whether the entities involved in the trans- action are duly organized and authorized to own the cable system and franchise. Certain entities, such as certain television broadcasting stations, national television net- works, and certain telephone companies, are prohibited by federal law from owning, operating, or controlling a cable television system. Although these restrictions are primarily a concern of the companies involved, we have reviewed the federal cross -ownership prohibitions and have determined them to be inapplicable. We have been provided with necessary documentation which shows that Triax is duly organized and authorized to own a cable system and franchise as described above. We will reserve the right to review the final partnership documents - 4 - prior to the effective date of the transfer to be assured of the validity of the legal qualifications of Triax. The character qualifications of Triax, as well as the general partners of the organization, are satisfactory. Since Triax is a newly -created entity, it is necessary and appropriate to review the character qualifications of Triax Communications Corporation and its principals. Triax Communications Corporation has provided information showing that neither it nor any principal has ever been convicted in a criminal proceeding regard.ing any crimes against character. Based upon our review of the information provided, it would appear that the cities could not reasonably withhold artroval of the transfer basad upon the legal or character qualifications of Triax, Triax Communications Corporation or its principals. B. Technical Ability The technical ability factor relates to the technical expertise end experience of "riax in operating and maintain- ing a cable system. This analysis focuses upon the current and former experience of the proposed Transferee. Since Triax is a newly -created ent:.ty, it has not directly owned or operated any cable system for a sufficient period of time to establish a reputation for technical ability. Therefore, the ability of its managing principals must be reviewed. Information has been provided concerning such individuals' and entities' experience in owning, operating, and managing cable systems. Triax is a limited partnership whose managing general partner will be Triax Communications Corporation. The Chairman of the Board and Chief Executive Officer of Triax Communications Corporation is James DeSorrento. Mr. DeSorrento has been involved in the cable industry since 1970, holding various operational and management posi- tions. He has been affiliated with such cable television operators and financiers as Daniels and Associates, U.S. Cable Corporation and Viacom International, Inc. He has been Chief Executive Officer of Triax Communications Corporation since its formation in 1982. While his connection with the Cities' cable systems will be as an executive as opposed to little, if any, "hands on" connections, Mr. DeSorrento has sufficient background in cable television operations to permit him to understand and administer any technical issues as executive of the Company. The direct link between the Cities' cable systems and Triax is Mr. James C. Vaughn, Director of Operations. Mr. Vaughn has held positions (among others) with Tele- Communications, Inc., Cox Cable, and Viacom, all major national cable companies. In these capacities he has over- seen start-up cable television operations throughout the country. de possesses superior technical engineering back- ground. Suffice it to note that the ownership and manage- - 6 - ment of Triax Communications Corporation has sufficient technical experience to allow you to reasonably approve the transfer based on technical abilities. Since parent corporation experience does not always insure local expertise, a review of local personnel is rele- vant. This office has been informed that Mary A. Smith, formerly of Dowden's Minnesota operations, will head Triax, Minnesota. Additionally, existing local personnel will be retained for the foreseeable future, pending analysis by Triax of future staff requirements in light of staff support and efficiencies which may be provided by the new parent Corporation. Mrs. Smith has been involved with Dowden since the inception of the Cities' franchises. Mrs. Smith and her staff have a long and very positive reputation of working with Minnesota municipalities in cable television. Based upon our review of the information provided, it would appear that the Cities could not reasonably withhold approval of the transfer based upon the technical ability of Triax or its principals. C. Financial Stability The financial stability factor relates to whether Triax has the financial resources available or committed to not only acquire the system, but also whether its financial plan as presented is reasonable and economically viable. The Cities have engaged Mr. Kevin P. Cattoor, Financial - 7 - Communications Consultant, to undertake a review of this factor. Mr. Cattoor has reviewed the financial capability and financial resources of Triax. He has prepared an independent report of his analysis, and the Cities are referred thereto. Note should be taken in the financial analysis that this is a highly leveraged transaction. While there will be a high level of pressure on cash flows for debt service, Mr. Cattoor has concluded that the Cities do not have a reasonable basis to withhold approval of the transfer based upon financial criteria. D. Other Relevant Factors Other appropriate factors which have been reviewed for the purpose of determining whether to approve or deny this transaction were contained in the Request for Information. The most significant factor to be considered is whether the cable franchise will be transferred intact, and whether Triax will agree to comply with all existing franchise requirements. The information which we have reviewed indicates that Triax is not currently requesting any franchise modifica- tions as a condition of the transfer. In other -. ,rds, the system is to be sold and the franchises transferred "as is". Consequently, Triax will agree to receive transfer of the franchises intact. Your approval should be conditioned upon Triax's agreement to assume all existing franchise obligations. - 8 - The reception of Regional Channel 6 is of major concern to the Lake Minnetonka Commission, Mound, and Waconia. (While Belle Plaine also has required by franchise the reception of Regional Channel 6, both Triax and Dowden have stated that its reception in Belle Plaine is technically not feasible.) The Cities (absent Belle Plaine) have informed Dowden at this time that Regional Channel 6 is an issue which must be addressed in the transfer. Mr. James C. Vaughn on behalf of Dowden and Triax has informed this office that a technical solution for the receipt of Regional Channel 6 can be accomplished. The Cities should make it clear in any transfer approval that failure to deliver Regional Channel 6 was a condition of franchise non- compliance which existed before the Request for Transfer. Therefore, any approval of the transfer should not be effec- tive until the delivery of Regional Channel 6 is accomplished. With respect to the franchise requirements regarding the existing service area and line extensions, Triax has indicated that it will comply with the existing franchise requirements and obligations. The construction practices of Triax regarding aerial and underground installation and standards will also conform to existing franchise require- ments. Triax has not proposed any modif.::,9-ions to the channel capacity or system design, and it is assumed that Triax will assume all existing franchise obligations regarding future activation of channel capacity and upstream capabilities, interconnection, performance testing and system maintenance policies. Your approval should be conditioned upon Triax's agreement to assume all existing franchise obligations. Triax does not propose any addition or deletkon of any programming services. In the area of community access programming (i.e., local programming and all types of access), Triax must agree to assume all existing franchise commitments, including equip- ment, facilities and staff. Triax additionally does not propose any additions to the access commitments. With respect to proposed rates, Triax is not proposing any changes in the applicable franchise requirements and presumably will operate consistent with federal law in setting rates. Triax has stated that, upon acquisition of a franchise, it conducts a complete rate review to insure that all rates are fair and equitable to ail Triax customers. Every cable company has different pricing philoso- phies. Additionally, the industry trend is to increase rates for basic service (higher perceived value) while lowering or maintaining rates for premium (HBO -type) services. Current Triax affiliate rates range from $12.50 to $16.50 with most rates nearer the $16.19 to $16.50 range, ranges consistent with industry norms. For those rates - 10 - which are deregulated under federal law, Triax is permitted to charge whatever it desires. Triax must comply with all federal, state, and local laws relating to discrimination, equal opportunity employ- ment programs and affirmative action programs. Based upon our review of the information constituting other appropriate factors, and noting the uncertainty as to future judicial interpretations of the 1984 Federal Cable Act (which substantially reduce,' the Cities' regulatory authority over cable), it does not appe -..iat there is any legally justifiable cause for the Cities to withhold approval of the transfer to Triax in the areas of legal or technical qualifications. V. CONCLUSION The Cities should approve the transfer of ownership and transfer of the franchise to Triax Midwest Associates, L.P., which should not become effective until Dowden has accomplished the activation of Regional Channel 6 in all cities except Belle Pl ine, and further conditioned upon the payment of all Cities' fees in the transfer process, and Triax's acceptance of all existing franchise ordinances. Following the approval, the Cities will need to initiate a process to formally transfer the franchise ordinances through an ordinance amendment process. 3(� COUNCIL MEETING MAY 9 1983 LIST OF LICENSES FOR COUNCIL APPROVAL ,•:{e. n 1yn POP MPFTING OF May 9, 1988 ' y F Septic System Installers - Quickway Excavating Route 3, Box 3 Rockford, MN 55373 Coppin Plumbing 2300 Chateau Lane Mound, MN 55364 Garbage < Refuse Collectors - Blackowiak and Song - 1195 Sunnyfield Road North. Mound, NN 55364 Noodlake Sanitary Service, Inc. 4000 Hamel Road Hamel, MN 55340 East Tonka Sanitation P.O. Box 242 Long Lake, MN 55356 CITY of 010N0 C,,.Wi IISY, Mi.m WOW lit: I, DING A 7081N6 - 4)]7357 ASSISS64 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification or Home Sewage,_ Treatment workshop attendance must accompany this applicar:cari All applications are subject to a ten (10) day approval pbfYa3.1':�. 1. Business or trade name b� "• rr O1' .,. ti... 2. Business address K�3 Y7 /1 �x G•f i.{t, 3. Business phone fi I%-_`; �%Residence phone 4. Name of applicant or rpmpany representative holding 14PCA certification < <• .o.u4' S. Type of certification heldl Installer _ Pumper Site evaluator System designer Is this a Provisional —Certificate? _J)V Certificate No.2,,,J. 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediatel: prior to the current construction season. 7. Have Iou ever held a Septic System Installer license in Oronc before? `r•, Most recent year J7 iiqECX 8. Have you ever had a license revoked? /1_'1 When? Where? _ 9. Do you do Municipal Sewer hook-ups? Yes_K No iN SUBMITTALS REQUIRED: 01= ✓ 1. $25.0r license application fee. �-r-C e.'l �•� �2• $2000.00 license and permit bond naming City of Oconp-•es-c'(r .i obligee. The State Plumbers Bond will not be acceQted.` o-.r, ,K ✓ 3. $10-50-100,000 minimum Certifi ate of Insurancaj-'1500u) ) o .n. C14 V 4. Copy of current MPCA Certificaue or evidence of attgprJgpce,,(;5y at On -Site Sewage Treatment Workshop held imme"ely TL prior to current construction seasor. ireCE , T-„ i In LICENSES WILL NOT BE PROCESSED UNTIL ALL ITLMS ARE RC: TJ-ivV .,, List persons other than applicant who are authorized byp you to apply for permits under your license I;ok •" (Srr:l The undersigned hereby makes application to the of Vo1��t1 Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordin ces of the City of L Oron``o11 . Date `i-%�-� ;-� Applicants Signature �"•91'° Staff recommendation Approva)G� Denial Date '? CITY _ _✓✓ Reason for denial: USE City Council Action Date Approved Denied ONLY _ Date license mailed ® C".Wl 11.y'Mi.-'-w MOM SEPTIC SYSTEM INSTALLER LICENSE APPLICATION suarnnc a yonlrvu - analsz ASSESSING VYMAllapplications ust be answerd. License fee, bond, certificatend evidence of MPCA Certification or Home Sewageshop attendance must accompany this application. are subject to a ten (10) day approval period. d 1. Business or trade name C xc t�� 2 2. Business address a O O - 3. Business phone 4-)l.- L to Residence phone 4. Name o£ applican or comps representative holding MPCA certification o ., ne 5. Type of certification held: Installer _ Pumper �' p Site evaluator System designer r Certificate No./P �a Is this a Provisional Certificate? _ G exv (490 6. If no Certificate is held, provide evidence of attendance at N one of the On -Site Sewage Treatment Workshops held immediatel X prior to the current construction season. 7. Have you ever held a Septic System III taller license in ?= Orono before? � Most recent year C: rY' Cr fci' — S. Have you ever had a license revoked? Ll� When? ;,g %CF7 i Where? 500000 0. Do you do Municipal Sewer hook-ups? Yes_ No Af r"4 5. A0 i SUBMITTALS REQUIRED: fi'I.:IAr�rH,AVF; i'L'J.� _ Y1 11 SA P1 ;f�; u9:Jf 1. $25.V license application fee. z_11_�9 2. $2000.00 license and permit bond naming City of Orono as pP obligee. The State Plumbers Bond will not be accepted. �3. $10-50-100,000 ' imum Certificate of Insurance. pjfP iz- 4. Copy of curre MPCA Certificate -or evidence of attendance at On -Site Sew !-ifof cishop held immediately . prior to current construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the ordinances of the City of Orono. Date L} 11 6 Applicants Signature Staff recommendati Approva /A!§a Denial _ Date y 2 7- 8t, CITY Reason for denial: USE City Council Action Date Approved _ Denied ONLY Date license mailed ciUV L� CITY OF O— ,,I II License Year ` . �d 9 Bo 66 P.O. Box 66 U Date Received Crystal Ray, MN 55323%21:;i Fee Paid _ O Initials 473-7357 _--JI T GARBAGE & REFUSE TOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Business/Firm Business Phone Number 472-3398 Applicant's Name Frank 82aokawLak Address 1155 Sunng6jeld Rd. N. Mound M( (Street) (City) (S Phone Number 472-2911 Check One: Individual X Partnership Number of Vehicles to be used in Orono Description of Vehicles (attached list if more): CITY OF ORONO FINANCE OFFICE R — 60.00 TL 40.00 .079130 C001 Loaded Loaded Year Mfgr. Gross wt. Rear Axle wt. Size/Yards License Number 1976 (BACK 56,000 34,000 25 ude. VX 17268 7987 MACK " _ " VX 17269 1983 BUCK VX 17270 General area of City served alp o6 Olmno except north n6 Fox St. Schedule of Collection charges/ dates 6 daW a week $11.25 pen month _ Approximate number of customers in Orono Location of dumping area Louidvitte. Chaska and Vonak. Maple Lake ------------------------------------------------------------------"'----- IN ORDER FOR THIS APPLICATION TO BE COMPLETE, YOU MUST ENCLOSE THE FOLLOWING: Surety bond in the amount of $1,000. Proof of insurance in the amount of $100,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). -------------------------------------------------------------------------- I am the owner and operator of the above business and I have paid all license fees and taxes required by law. The above information is correct. Applicant Date -------------------------------------------------------------------------- POR ITY USE ONLY: After review of application, staff recommends: APOK00018.1 Denial Other (specify) 5-.1-n Si nature of VA Official Date CITY OF ORONO License Year t P.O. Box 66 Date Received Crystal Bay, NN 55323 ` I Fee Paid ; - ni ialS 473-7357 GARBAGE 3 REFUSE COLLECTORS LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. - - A n 0 Address `f—-- -Y (Street)(City) Business Phone Number 7 Check One: Individual Partnership Corporation Number of Vehicles to be used in Orono IL Description of Vehicles (attached list if more): Loaded Loaded Year Nfgr. Gross Wt. Rear Axle Wt. Size/Yards J- 28 3 `1 o-o� / 61?44c / 9�— �7 / se 0v0 / Y t•I qkv SY • - ^ Ott & o go y -1 eneral area of City served 0-tQe " ScheduAe of Collectnion chjLr�ges/ dates , Vvv License Number / 3 Approximate number of customers ��in��Or//��ono �'o Location of dumping area '7'10- ^-A- ________________________________________________ _______ ----------- IN ORDER FOR THIS APPLICATION TO BE COMPLETE, YOU -UST EN LOSE THE FOLLOWING - Surety bond in the amount of $1,000. Proof of insurance in the amount of $100,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a $30.00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). __________________________________________________________________________ I am the owner anZ24� of the above business and I have paid all license fees and taxes ed b law. The above information is correct. Applicant Date __________________________________________________________________________ FOR PITY USE ONLY: After review of application, staff recommends: 7fgn�atepp-f va Denial Other (specify) SC'ty Official Date �. CITY OF ORONU License Year � Y P.O. Box 66 Date Received Crystal Bay, MN 55323 Fee Paid y5 Ini t.ia is 473-7357 GARBAGE L REFUSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Business Phone Check One: Individual Partnership Corporation Number of Vehicles to be used in Orono / (eme, Description of Vehicles (attached list Loaded Loaded Year Mfgr. Gross Wt. Rear Axle Wt, IQ " 010 *' if more): Size/Yards License Nunber �- a CITY Cf 05J.10 General area of City served Schedule of collection charges/ dates 0.f Approximate number of customers in Orono ^ Location of dumping area LAr'CEf:O %I 17gA /O _____________________________________________ IN ORDER FOR IBIS APPLICATION TO BE COMPLETE, YOU MUST ENCLOSE THE FOLLOWING: Surety bond in the amount of $1,000. Proof of insurance in the amount of $100,000-$300,000-$50,000, and 10-day cancellation clause. Annual fee is a S30.00 flat rate fee, plus 515/truck, and a $30.00 transfer fee (if applicable). _________________________________________________ I am the owner and operator of the above business and I have paid all license fees an taxes required by law. The above information is correct. _ sl pp1 ca ---- _______________________ FO ITY USE ONLY: After review of application, staff recommends: rov 1 Denial Other (specify) tur 5-3-68 Signature of 'ty Official Date ` �J P A V R CITY OF ORONO f Y-T-D • - - - EXP/ALLY ME ME DIV CROSS CROSS 1 EMPL-PL-NO li 8L 71 1E745.19 Ie73.Se. Uh41L . EETTIpp NOER90N ERNHARDSO ME 1E 1735S.64 1928.41 OOZIER aA 31 T9E1 85 865.14 14AY 9 1989 OanA IL le 4174.11 458.0E 7' - OYLAN so 93 420.76 246.63 .1,�_ OF OR+M 's1 SRINKHAUS JF 42 13789.13 1579.91 :!T( CHEBNICK CB 31 1e745.49 1418.00 _ Goi CORNICK IL 31 11011.03 1419.08 DENNESON RJ 35 1830.90 244.80 ENGLISH II I4 31 11174.14 1220.04 ERICKSON DJ 13 6a.es 68.85 ERICKSON KR 31 le636.3E 1300.58 FISCHENICH DT 31 10486.10 1197.94 _ gg �E FRITZLER JM 31 12649.24 1460.56 GAFFRON M► 33 104at.66 1166,40 GERHARD60N JR 42 14705.66 1636.OS GREGORY JO 4E 10673.73 1288.66-- MALLIN DM 1E 9ess.01 1030.00 HANSEN 8C 42 9491.90 1103.08 �e __. HANBING CJ 31 4036.62 49E.93 MOOGeNAKK! JE 31 336.00 0.00 € JACOBS TJ 33 10482.65 1166.40 141 _ _ JOHNSON 8F 31 111!74.04 1249.80 KILSO MH 31 15786.79 1760.00 1 .. KIRNYCZUK M 31 4439.!!_ C43.56 �N KNOTT MJ 33 0.00 0.00 MNUTSON CA IS 6362.35 661.12 KUEHN TM 15 1442D.91 1604.49 LINDSTROM DJ 93 0.00 %.. 00� MABUSTH JA 33 12747.65 1418.E4 MEYER MA 35 28.05 0.00 MIKELSON RA 15 7856.62 822.96 MILLS JR NH 93 333.00 211.SO MORAN MF 31 13384.14 1651.79 MORONCZYNS J 31 12337.43 1286.24 MORROW JS 31 3174.60 384.15 NAAS TL 12 7181.58 566. 08 201.68 OAS 00 93 315.68 OMAN LE 33 8706.64 964.08 PALMER PB 31 475.00 0.00 PETERSON PL 12 4213.67 486.49 PETERSON RW 93 0.00 0.00 PETRAN JC 33 0.00 0.00 OUAST WA 92 9984.47 1191.36 ROSS JA 93 29.25 0.00 SASS JJ 42 9430.43 1103.08 SCHAUSS CR 31 8343, 88 928.74 SKREEN 05 42 9460.70 1103.09 SMITH JR 92 7706.6S 0.00 i� BTEFFENHAG RE 93 9642, 69 1072.80 STEVENS SG 93 362.50 205.00 is CITY OF 0 4 00 P A Y R E ENPL—NO NAME a a STILES THOMTON • TOMCHECK •__ TOMCZYK _ VAL8M _COVNT_ . 6 � PAID 00.05 3 TAL 000 t TOAAL PICA_TAX OR �yy 01 A • GROU Y—T—O • — — — — - • DIV GROSS 94098 EXPJALLW_ RC 61 0.00 0.00 MR 31 9692.14 1091.60 ' LF 31 9341.78 1052.19 ' MN 31 11415.34 1249.20 XL 31 0.09 0.00 RAND _ 65xOCS.18 _ __ 5 TOTAL P D Ott • _l79tN.77,__ AMPLOYMS PICA WEALTH It1AN'i WALTVFLAir-- CROG$/BLUE SHIELD AL CENTER PLAN ENTIQ .—_. . HEALTH CARE EBOTA HMO i-ANER I CA—W—. ERB LIFE AL SERVICES AL OF OMAHA OYEE'S BENEFIT M • AETNA xx ��� - ---- - --if NICOLLET El TEL - -- 0 • LEAGUE OF CITIES P a METROPOLITAN HEALTH PLAN 0 SHARE Z • HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S 1 e5-09-60 FACE 1 CHECK REGISTER 1 F 1988 CITY OF OPJHO ITEM DESCRIPTION ACCOUNT MO. INV. 0 1.0. 0 MESSAGE CHECK N0. OA'E AI10ENT VENDOR E i0.N ACRO-MINNESOTA INC OFFICE SUPPLIES 01-9210-019-1E 01-9l10-051-15 f I]0006 IS/0./BB is/09/BS 6A9 AGO-n IMME SOTA INC OFFICE SUPPLIES SUPPLIES 01-9[10-ON-15 I30006 130006 05/0./eB /5.09 ACRO-MINNESOTA INC OFFICE OFFICE SUPPLIES 01-IY 10-1H-01 i f 130006 OS/01/BB 45.09 AGO-MINNESOTA INC OFFICE SUPPLIES 01-It1G-179-]] I30006 05/O9/BB 105 ACRO-MINNESOTA INC ACRO-MINNESOTA INC OFFICE SUPPLIES 01-1210-Nf-It i 1 ]0006 OS/O9/eB N 360.61 . E ...u. 11.N AT&T IWO 517Ta1 7401110NE 01-13l0-175-39 I30010 OS/01/68 14.56 . i ...-Ge l: ALL STAR EL5CT5tt IMIMT NTN PLANT ]t-9N5-SH-91 C C noou os/01/e9 IIS.16 415.14 A - ---____ ..._as t c ...... 1 APPLE VALLEY AGENCY Lid-Lim ins 7I-9]70-590-9] 130027 05/04/08 ::;;.;� . C ...-CMS 1 T INFO SYSTEM DATA PROCESSING 01-II10-079-1t 170070 _ os 19.17 AT AT f T IWO SYSTEM DATA PROCESSING 01-1310-059-14 17e070 104/es os/O9/es H.O I T IWO SYSTEM DATA PROCESSING 01-9090-OE9-1S 7 /70070 0510./e5 19.0 AT A T IWO SYSTEM DATA PROCESSINe 01-9N0-1H-]1 170970 05104/ee /7.So AT AT 0 T IWO ETSTET DATA PROCESSING 01-9710-179-37 � 170070 OS/o.IBe 19.1] AT e T IWO S9STU1 NTA PROCESSING 01-1390-999-I9 C 170070 OS/D4/55 19.43 I.4S . ...-GS ' l 5 ...... 0 t-o5s-1 t9-71 ` 17007E 05/04/e0 YS 65 ANDENSON-BRVCE AMDEReOM-BRUCE MILEAGE MILEAGE 01-I1ef-1S1-71 � 17NIe OS/04/88 - !]9. 59 . ...-GAS i BURY S CARLSON INC STREET MINT SURLY 01-q7f-NT-i! '.S I3aN7 05/04/68 I96.00 BURY G CARLSON INC STREET MINT SUPIL 01-9l7Y5e7�e5 170041 05/04/04 -- iN 00 • NS-tltB u� - • e5/N/N N•7t---�IYIMi1NLISM[NG --�7iN11G ---�-'��— "� 17011E IIR71MOe H-IR5-159-71 �• __ •� 1NIH�1/N I9.SB gl[NIC1I/GMY I/.BE 5 - •'• 9NSN lBR _ APO e011it5 NM7N-eee-17 ' I7U31_ _ K/N/N—.—._____7R.ii-_ __COIBIgCt10--RQ5 L ... _. ___.• _ .. - .� ._.-�.�-�-r •1-.._ i1N CITY GR GROW C1tGR N[OItTA os-09-06 PACE [ CHECK No. SAYE AMOUNT YSGRGR ITM GRSGRIPTIGR ACCOUNT N0. INV. • P.O. 0 MESSAGE r 170171 OS/H/ae 264. GO CONMACIAL OLDS MT AM sAYIGR 01-4749-129-71 • • ....CMs • ...... 13014S 05/04/88 37. 16 COONIEN/IAMEs --- -- IROTINaa 01-47SG-129-71 • I30145 05/04/Oa .3.05 CORMICK/LAME[ HILL"[ al-GN1-199-71 • so.2o • .... Cgs • ...... 130177 OS/44/80 657.71 GOLDEN PLNK a MTO - IMINT M?ft LINES - 72-47OSi9-91 • 653.71 • • .. _ ...-CMs 130190 us104169 743.97 SOL U DAY S ww _- — alloMlga. MINT SUPPLY _ 74-427141, -s9o-n 343.97 . • t]0202 OSIO4168 T.SS a7MIGR ant" toCONC[MIOOO atbALO 70-IO02-SIO-93 • 7.56 . • ....CMs • ...... 130212 OVO4/O8 14.15 EXPRESS MESSENGER POSTAGE 01-4]21-1740] • 1..15 • .... Cgs ...... • • 130267 0510.188 896. 00 GOLF CM MIDNEST EQUIP RENTAL 74-4311-690-97 996 00 • • •u-CNa • 13CE69 OS/04:68 $2. 00 GOVT TRAINING $ENV SCHOOL 01-43S6-069-15 • 130269 05/04/08 12. 00 COVT TRAINING $ENV SCHOOL 01-43E6-129-31 2.. 00 • • ...-Cgs ♦ 1]OE75 05/04/as 4O6.17 GROUP KALTN INC NO" INS MAY 01-.151-121-]1 _• 170275 OSrH/A 504a7 LDpy, t�.Tl�[Ne MoaP IRS MY 01-41s1-In-31 130275 05/$4/GR __ 75:" GROUP INIALTN INC NOSP INS MY 01-4151-174-7I 130E75 OW64180 176.s1 GROIN mmw INC NOSP INS MY 74-4I51-590-93 '• I ]0282 NGROIMa. CAaOL--- --CLOWINS tl-OA1-Ip-71 IS/H/B 0.GR • is.0 . AS 17oE9T 95/1O/N _ _ __ _.iliss M4a1 CTT CM[ON K11C RIgOL al M7ih1OO-71 ___. 1908 CITY OF ORONO CHECK REGISTER 05-09-05 RACE 3 CHECK NO DATE AMOUNT VEND" ITEM DESCRIPTION ACCOUNT N0. INV. 0 P.O. 0 MCS844E Rn.9e . _.. ._ _._- .... Cgs ...... • 130300 05/04/88 ITB.W _¢POI CTT_EIIER I FF OPT___ JAIL CMYOEP_. ITE.B9 • 130330 95104.89 01.96 ECM sevow em EOM O//S TO Stl 01-u.0-0H-1[ • ....CAS • •..... 130335 O5/04-68 49.00 lLL(p E BOR •iRQT MINT BYPPLT 01-4833-949-42 N.SO • • .... CRS • 130363 05/0. /BB 37.E iEU_FCIB). __ - _ -- -UIE[ABE_-- 01-I301-114-]] n.00 • ...-CAB I30397 os/04/00 3E.IS NWDtTHOMA* HIL[WE APRIL 01-0391-019-IS • 110393 05/04/80 •.70 KWMM-THWAS _ _ EILiAM APRIL 01-4301-I14-33 130317 OSIO4186 4.70 MCENN-TMOIMS HIL[AM APRIL 73-4301-569-9e A5.35 • • _. _. _. .... CA0 o.... C 11040. 05/04/88 $3.00 THE 1.AAEA -- - -AUCTION AUCTION 01-3790-000-00 130.0. 05104/09 61.30 THE LAND 01-432e-039-1e _ 130404 OS/0./00 14.76 THE LAEM PUBLISHER* 01-4388-059-14 • 130.04 05/04/ee 02.97 THE LAP= _ PUBLISHING, _ 01-4329-e49-4e 209.67 • N0-QB 130.e3 OS/0./S8 10.00 LEAGUE OF IM CITIES 1.9111LATIVE CONF 01-035i-039-1* • NMCES ..� ...... 130435 OS/04/88 114.05 LOGIN - BUITE 3B0 LQIMIT POMU - ' 130435 05/04/60 aO. Oi LOON - WIT[ 360 61-N10-1T0-03 01-N10-E19-N :,• 13045 OS/0./90 e25.5I LWII - SYITE NO 1MINT CDNTIIACTS SAINT 01-0300-039-1[ ' 130435 OS/e4/80 3.0.01 --LO*tB Wnt 780---MAENT CONTRACT- 01-410-174-23 ..e 130435 OS/04/80 aft. 91 LBQ* - WIT[ 309 LWIS ADMIN MARCH •1-AlSt-0{9-IB 130435 05/04/84 197.17 _NIT[ 7Op____LwI8 AWin gwom _ •1-A]E!-1e1-31 130.35 i5/04/88 e06.07 _-Imlt LWIS - MITE 360 LOSE* ADVISE MARCH 91-03St-174-33 130435 05/04/98 437.00 LWIS - MITE 300 DATA PROC MARCH 01-03SS-069-15 • 13043S os/1./*e 223.41 LOSIS - WIT[ 306 DATA PAOC MARCH 01-8365-199-31 - 130435 05,01/84 361.42 LOGIN- Win IIW- - -WTI MASI MANOR 01-4355-170-73- 13043S 0510-1108 WAS LOGIN - SUITS 360 LUCIA ADMIN MARCH 723E-549-91 I 19SS CITY OF ORONO CWECK RESISTER f CMFCK NO DATE AMOUNT KMOOA ITEM D[tCRi►TIOM f 13043S as/04/88 e9.e1 LOCIS - MITE 300 DATA MOC MARCH 130435 05/91/80 I47.10 LOCIS - SUITE 390 LOsle ADMIN WCH 130435 05/0+/68 +5.06 LOOU - SUITE 300 DATA MOC KNOW E 3.I19.6t . o.o. • I30437 05/04/08 50.40 CITY OF LOIN LANE UTILITIES 13043T os/04/00 6.452.50 CITY OF LONG LAME SOV11T SERVICE • 6.502.10 . I10468 OS/04/88 2.413.51 NUITIMt NAVARRE ft F0.1C[ AUCT lOM 2..1].51 . • • I]0.67 05/04/88 76.+0 WED CTR WEALTH CARE MESF INS MY 130467 05/04/60 T1.40 AND CTII WEA.TM CAMS Map INS MY 130467 OS/04/86 e43.51 MED CTR WEALTH CAME NOW INS MY • 130467 05,0.,8E I76.01 MILD CIA HEKTH CAME HOtF INS MY 130469 65/04/68 ]se.0e WED CTR HEALTH CME MOH INS MY gas.N . • • OO.r. OS/04/88 1+,65e.11 MIND MASTS CONTROL MAY SERVICE 16652.11 . 130490 OSY04188 ]I.RS MIISECASCO UTILITIES • 130490 05/04/ae e2S.Ee HIMESAICO UTILITIES 130490 05,04/ao ),IT MIMWEOMCD UTILITIES e6).2. . • • 1]0.95 OS/0+/88 L 60 HM BENEFIT AESN LIFE INS T.00 . I30522 05Y04188 SSs.60 MTI DIST CO MINT MIsC EQUIP • SSS.60 . • 1105P5 O5/04/01 70s.09 MIMN FUND U.C. STILES 130st5 IC.60 MIMY ut FUND, Me U.C. [MCCOMMRC • t]OstS 05/04/60 OS/0./1S 2.P60.10 MIMM UC FUND U.C. HCCOWM e.9u.a . as-n-eS FACE + f ; ACCOUNT W. [1N. • F.O. ! WESMC[ �+• i T!-+ass-St9-91 73-4m-st9-9! n-t3s5an-+e • • 61 r]e.-1n-n u-+ass-s+9-n ...Cu • 01-1710-900-06 • n. ...-CES 01-+151-029-12 • 61-+151-661-I5 01-4I51-In-11 01-4191-174-33 • 01-+151-249-49 Us T3-1288-000-00 0Y ...-CKS • 61-03t0-IH-31 r!-+3t+-561-11 • 1]-+]04i61-99 f 01-41 sl-111+- ...-CES a 7+-0302-510-1I h ....CKS 01-150-99-tl 01-415+-891-12 '- 01-+I5.-P19-T! p / 1988 CITY OF ORONO CHECK REGISTER 05-09-68 PAGE 5 f CHECK N0. DATE AMOUNT VENOM ITEM DESCRIPTION ACCOUNT M0. HMV. • P.O. • MESSAGE . 6 130536 OSIO4168 229. 05 MOTOROLA INC MAINT RISC EQUIP 01-6362-176-33 130534 0510.188 1.229. 95 MOTOROLA INC MAINT MISC EQUIP 01-6]69-549-42 0• 130534 05/04/08 172 96 MOTOROLA INC MINT MISC EQUIP 11 70-636l-SAS-91 g0536 OS/06/8B 269.41 MOTMOLA INC _ MINT MISC EOVV 73-6349-GN-92 1.921.79 • 110559 05/06/88 19S.50 LISP UTILITIES 01-6326-129-31 1305S9 OS/06/88 I55 09 Nap UTILITIES 01-4326-949-1t 130559 OS/06/08 11.90 MBP YTAITIN 01-0310-1/0i1 • 110S59 OS/04/88 87.60 MAP UTILITIES 73-0318-5N-Ot �• ISO. 28 • _ _ ---__. .._ _ __ 9RR-CNE • 130566 OS/06/80 52 38 NORTHWESTERN BELL m"HONE 01-4310-039-I2 ♦ 130SSS 05/94/00 52. 18 NORTHWESTERN BELL TELEPHONE Ol-07H-959-10 • 13OS66 05/24/68 E6 19 NORTHWESTERN SELL 91 M30"69-19 13OS68 OS/06/86 181 20 NORTHWESTERN BELL -T6EPHNE T6EPHONE 01M320-11/-31 ♦ 130568 OS/04/80 52 38 NORTHWESTERN ESLL TELEPHONE 01-0320-114-33 • 130568 05/04/88 63, 40 NORTHWESTERN BELL MEPHONE 01-A300-170-70 130S68 OSIO4184 52. 38 _ NORTHWESTERN BELL TELEPHONE 01-010-241-M _ 1B 130563 05104108 10.41 NORTHWESTERN SELL TELONOK 72,4319-E99-91 • 130S60 05/04/88 1S.TE MORTHW[9TERM BELL_ TBLEPH0IE T7-4700-N1-1t 130SGS OS/06/90 E06.E3 NORTHWESTERN BELL TELEPHONE 70 4="90-13 ♦ 130568 05/04/86 10- 60 NORTHWESTERN BELL ABYNTIGIRG TA-4303-990-97 • BI6 IS . PRMCRE • ... ..6..- 30597 05/04180 81.25 PU0.1C EML PET ASSN PERA 6/6 TO 4117 0•-4141-031-I2 30597 OS/06/58 1 56 PUBLIC EMPL ACT ASSN PENA 6/4 TO 4/17 01-0161-0159-16 30597 OS/06/BB 116.69 PUBL1: EMPL PET ASSN PENA 6/6 TO 6/17 91-4141-961-15 13CS97 05/EPA/88 7.69 PWBLE: UPL BIT A08N 'ERA A/A TO 9/I7 91-/1/1-999-IT i• 13GS97 .5104/80 1,S16. 65 PUBLl4 EMPL MET ASSN PENA 6/6 TO 4/17 01-4141-111-21 • ,30S91 CS/06/68 72. 66 PW l: EM L MET ASSN PENA 4/6 TO 4/17 91-0H1-115-]1 130517 05/04/88 595. 61 P•,BLtC EAL NET ABU PENA 4/4 TO 0/I7 01-A1A1-I11-31 •' 130597 05/06/BB 356.59 PUBLIC ERL MET ABU NBA 414 TO 0/17 41-6T01-116-31 • 130597 05/04/88 241,30 PJBLIC E1•L Ilk' ABU PENA 4/4 TO "IS - 01-4141-114-33 13OS97 05/04/86 163.69 PUBLIC EMPL MET MU --OESA 414 TO 0/IT O/MHIiN-I1 �- 130591 05/04/60 41 12 PJSLIC EMPL MET ASU PNA 0/4 TO 4/17 01-4141-E99-61 r 130599 05/04/80 67. 16 ENPL SET ABN PPS_4/9 TO 0/17 72-0/41-1N-01 -_ 13OS97 05,06/88 99.]5 _►WRLIC PUBLIC EMPL BET ASSN INS A 4/4 TO 0/I7 T 4144-E411-// 130SS7 OS/06/e8 90. 86 PUBLIC R1♦L EST AEU PNA 8/0 TO GMT 7M01N1-510-93 • o.-OWE • 130413 05/06/08 217.49 P931ETO TRUCE R00[R POLICE MICTI011 01-rnOMN-N - - 017.011 A • �wR6P �. 170N1 K(N/!B 01-387/-N0-00 1998 CITY OF ORNO CHECK RECISTEN 05-61-64 PASS CHECK W. DATE AMOUNT VEMIN1 ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.0. 0 MESNL[ 006e1 OS/09/68 456.SS PHYSICIANS HEALTH HOW INS MY 01-91S1-039-19 130621 OS104/98 3Se.00 PHYSICIAN! HEALTH NOW INS MT 01-4151-060-I5 130621 OS/09/66 430. TS PHYSICIANS HEALTH NOW INS MY 01-4IS1-196-31 130621 4S/04/00 1.006.75 PHYSICIANS HEALTH MOW INS MY 01-4151-1t9-51 1306e1 OS/00/66 860.511 PHYSICIANS WALTN MOW INS MY O1-4151-174-33 130621 OS/00/06 700.00 _ PH ICIAN NNLTN NOW two MY 01-0151-249-42 110621 05/0A/N OI.N PHYSICIANS HIMTH MOW INS MY Tt-4151-509-91 1006EI 05,04/00 N.TS PHYSICIANS NIIALTH MOW INS MY 73-4ISI-561-92 4.610.73 . . ...... 130675 OS/04/00 3.310.61 ROLLIS OIL CO GA00LIHE O1-lew-96o-oO 31310.61 . I107.0 05/04/88 eST. TS STMTaMIS AIIO 01-4e52-1t9-31 130740 05/04/00 cs.69 SIMICNOS ROLL OAR COMYODOION 01-4SSO-129-11 211.56 110514 OS/0./N - OLN --aS RTzaLURR-IYCiO1.UllO1t-- 01-0320-199d1 ST.N 170o21 0s/04/ae I1.60 VILLA" COIOROLIT MIST "To SNIP n-a.1-569-9e 31.60 . _ 1]0a41 '510.160 791.26 INTER PROONCTS CO 1ITIL MINT •PPCT 7R-Ie34-S19-91 791.e6 • 130866 45104/66 619. 00- YtMS MOO MINT LIS•S 7e-4540-S49-91 130866 . 'M'86 619. 00 MISSION M!! MINT Linn 7I-4344-549-91 130666 96 69. 00 NIMS !Roll MINI VAT" LIMS 7L-34S-599-91 619. 00 . -- - _-" 130675 OO/NA8 6-es MI•T HIM OLOCIRIC 11TILITin 01-078/-041 Y 6.e8 . _ 130901 K/N%N---- It.IL NPLIS MMNIN MINIM 01-4)ee-174-I] N.65 13090!----K%N/N- --- - - 70.44 --P/Qr'£ill�--IQIOTN[Of�IO�-01-aQ-ITS-0. To.N • 4L HIM CITY OF ORONO CHICK MO P•TE 130903 05,04/96 I10904 0! /BB 1 }0905 05/04/00 130906 05.../BP os/ovea 'c./as ..vea 0;/o./as 1 .. I5114/06 21 '0ua6 110911 '04/0P I1091. 04'^ 1301i1S 05114.0E CHECK REGISTER 65-09-66 FACE 7 AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. IU<. 6 P.O. A MESSAGE 16.te0.00 MOTUM EQUIPMENT INC 4-0MN ILONO 14-4550-611-00 16.720.00 16.10 ALDINSOM INC _ _ eM11FNYR _ 01-4870-I11111-71 19.10 6.60 POSTIIA6Tp _ _ N 141L_9I7_IIRII ___fit--0H0-1e9-71 _ _ ;.so 7e.00 MOTO ROOTIG,__ MINE lilp__ 77-07�MS60-fN_- _ _ Te.00 41.00 T01101<CII6MRY _!Pl1SIIlIf� _!t`_ t-1SM71. 69.e0 70.65 TOSS so to __ IEL_OIIS6E11N11(40_�IK771S1� M -.—. _ 0t-7»NH-H_ ?0.60 AM "An" PAIPJ � _IONIC[ .LCf I061 01-77SS-SSNE__ _.. _ + Y 1\ .. IP6J_I MTN_MDT__-- . le .7.65 Mo:-CAL 0 VNMEM IMIOn SQI:IP _.. E11-O.7Y-1H-al HT.65. 4/e.70 1C0 NNTomsomp ___—OIg 69e.T0 H.06 WARM AI/111 nsWt IUD 90L7erva ue 01-7146-00"t 20.04 e6.9t0.71-_, IV CO T1IEAWRq.__901"( VA 94.9110.711 o•-CR e9. Ho —to P0110 01 TOTAL —ft"AL HINC -- 16.7e6 00 FNND 14 TOTAL IOMFe s EQUIP OUTLAY F 06.916J1. . _FWD 041 TOTAL _ _Pg@SR IIOWW.[.IINoLviw r- 1.5a0.70 FNM 76 TOTAL NAM O►ENIITIM FUND I15.071.95 FUIO 77 TOTAL 0111Y OP611ATIM FUM _ - 4.490.61 FWOO_71_TOTAL i0✓ C0 u OOATIM Pill 100.934:57 -MAL 14 Coov1ct I PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORM-7TON REOUESTF.D BELOW FOR OUR CITY RECORDS. NAME OR NUMBEP. NAME (please print) ADDRESS PRESENT FOR (from agenda) 1. -7Yv LoGr: J�:riZ7 < ice,:• c. „�,-- 3j a KrAAe Iq (0 w wct NE..,s ti , s. ?6 / 6. 7 G e<� vC��(�.-.Ji✓�- jL�L4 R-N � 0•�l4 '�'�__y..i :.Y �.. a c��r �s 1. 2. 3. 4. S. 6. 7. E. 9. 10. PUBLIC ATTENDANCE C C)u KX I L FFF CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBS. NAME (please print) ADDRESS PRESENT FOR (from agenc OC 2. LL 'f c [J V-2Z' C. 5. 6. 7. 9. 0. 1. 2. 3. a. s. 6. 7. B. 9. 0. Ems' cam," ci 1 COUNCIL MEETING MAY 9 19N8 € ITY OF OHUNO (A" vt�l?►i !i. Mi-OiNG f,.fw s jse MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 16, 1988 ATTENDANCE 7:11 P.M. The Planning Commission met on the above date with the following members present: Chairman Kelley, Johnson, Hanson, and Cohen. Brown arrived at 7:17 P.M. Bellows was absent. The following represented the City staff: Assistant Planning 6 Zoning Administrator Gaffron, Building official Jacobs, and City Recorder Peterson. Mayor Grabek and Councilmember Callahan were also present during the meeting. t1218 ESTATE OF RUTH SMITH 187 ORONO ORCHARD ROAD SUBDIVISION CONTINUED REVIEW 7:12-7:IS Gaffron reviewed staff's continued recommendation of denial of the two plat application finding the information is incomplete concerning specifically the necessary septic information for Lot 1. Attorney John Krenn, representing the estate, was present for this matter. He referred to a letter from Attorney Larry Berg, who represents Cedric Dettloff in this matter, which acknowledges the responsibility for relocating the on -site septic system on his property if the tests being undertaken should disclose that the on - site septic system encroaches upon proposed Lot 2. He noted that they anticipate that the testing will be done prior to the April 25th Council meeting. He stated that the estate is anxious to finalize the purchase agreement for the property and requests Planning Commission make their recommendation at this meeting. Chaicnan Kelley noted that during the November and March reviews, Planning Commission indicated that they would not recommend approval prior to the necessary septic information, and felt that nothing has changed in this respect. It was moved by Cohen, seconded by Johnson, to recommend denial of the application per staff recon,. andation. Motion, Ayes 4, Nays 0. (Brown not present for this vote.) t1233 MICHAEL HALLEY HOMES INC. 2715 PENCE LAND CONDITIONAL USE PERMIT i VARIANCE FINAL REVIEW OF REVISED PLAN Planning Commission held this application until the end of the meeting waiting for the applicant or a representative to be in attendance. It was moved by Chairman Kelley, seconded by Cohen, to table any discussion in this matter until a representative was present. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 91255 ORVILLE FISHER 1991 FAGRRNESS POINT ROAD VARIANCES PUBLIC HEARING 7:16-7.28 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas. Orville Fisher was present and explained a drainage and ponding problem in his driveway which he plans to solve in conjunction with this construction. He noted that he needs storage area because the residence has no basement. He stated that he is in agreement with the staff recommendation except to relocate the shed to maintain the 101, setback because the alternate location would not be aesthetically pleasing. Chairman Kelley noted the the overall actual hardcover will be reduced approximately 28 with this proposal. There were no comments from the public regarding this matter and the public hearing was closed. Cohen stated that although he found no problems with the plan he felt that a drainage plan should be submitted and approved by the City Engineer prior to Planning Commissions recommendation. Mr. Fisher explained that the planned drainage improvements will not affect the Rezabek property and he noted that he was made aware of the need for a drainage plan in staff's memo received just this past weekend. Chairman Kelley read into the record a letter from the adjacent neighbor, Allan Rezabek of 1989 Fagerness Point Road, stating his concern regarding the storage shed and requested the shed to be moved to conform with the required setback. Mr. Fisher did not understand why the existing location of the shed would be of concern to Mr. Rezabek, especial.; since Mr. Rezabek stores his boat next to the shed. He also noted that if he relocated the shed to the alternate site, Mr. Rezabek's bay wirdow would look upon the shed. Chairman Kelley asked about the status of the willow tree recently removed within the lakeshore yard. MINOTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 i1255 FISHER CONTI*= Mr. Fisher stated that he has an extensive landscape plan which includes two large ash trees to replace the lost willow tree, which split in two and fell onto his dock. Chairman Kelley and Cohen in viewing the property did not feel relocating the shed would create any visual impact when entering the driveway, as was stated as a concorn by Mr. Fisher. Applican Ld contractor, Fred Royle, was present and showed photos of the site to the Planning Commission. It was moved by Chairman Kelley, seconded by Cohen, to table this application pending the drainage plans being submitted and approved. Motion, Ayes 2, Nays 3. Johnson, Brown, and Hanson voted nay stating they could recommend approval subject to the drainage plans being submitted and approved prior to Council review. Motion fails. it was moved by Brown, seconded by Johnson, to recommend approval subject to the drainage plans being submitted and approved prior to Council review, and per staff recommendation except condition t6 requiring the relocation of the storage shed. Motion, Ayes 1, Nays 4. Kelley, Hanson, Cohen, and Johnson voted nay. Johnson stated he felt the shed should be relocated per 'he neighbor's request. Motion failed. Mr. Fisher asked if he could eliminate the shed and add an addition the same square footage as the storage shed to the house to compensate for the needed storage area? Planning Commission seemed agreeable to that suggestion. It was moved by Hanson, seconded by Brown, to recommend approval subject to the following conditions: 1. Submit a grading and drainage plan to be approved by the City Engineer prior to Council approval. 2. Relocate the storage shed to a location meeting the required setbacks; or remove the shed and allow the construction of an attached storage structure the same square footage as the existing storage shed. Motion, Ayes 3, Nays 2. Kelley and Cohen voted nay objecting to recommending approval prior to reviewing the drainage plans. Motion carried. MINUTES OP THE PLANNING COMMISSION MEETING HELD APRIL 18, 1968 11259 WILLIAM C. ODDEN 3450 NORTH SHORE DRIVE VARIANCE POHLIC HEARING 7:50-7:52 William Odden was present for this matter. The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request for hardcover variance to construct a three stall detached garage. He noted that in 1977, the City Council approved the proposed garage and additions subject to the driveway being gravel, which at that time was not considered hardcover. A variance is required due to the extreme length of driveway hardcover in order to serve the proposed garage. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Cohen, seconded by Johnson, to recommend approval per staff recommendation incl:ding the condition that no additional future hardcover be approved for this property. Motion, Ayes 5, Nays 0. 01260 JO N NYQUIST 1432 BALDUR FARE ROAD VARIANCE PUBLIC HEARING 7:53-8:09 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained the request to tear down an existing detached garage and construct a new detached garage requiring variances as follows: Hardcover - 0-75' No change 75-250' Existing 40.9% Proposed 53.8% Side Setback - Required 10' Existing 2' (existing garage) Proposed 5' (proposed garage) Street Setback - Required 30' Existing 3.8' (existing garage) Proposed 20' (proposed garage) Gaffron noted that in 198?, the applicant, without approval, constructed the currently existing patio, with after -the -fact direction from staff as to how it would have to be reconstructed in order to remain. 4 MINOTW OF THE PLANNING COMMISSION KRETING HELD APAIL 18, 1988 #1260 NYQOIST CONTIN= John Nyquist was present for this matter and stated he has owned the property for 11 years including during the period in 1979 when variances were granted for other changes to the property. Chairman Kelley questioned what has occurred on the property since that time. Gaffron reviewed the changes made on the property since that time, noting that the variance granted in 1979 reflected a less rigorous method of hardcover calculation in use at that time. Staff recommendation for this application, per memo, is that the plastic under the landscaping areas he removed, the sidewalk be cut down to a 2' width, and driveway cut down to 20' width resulting in a final 75-250' hardcover of 42.8%. In addition, staff does not see an obvious hardship to allow less than a 10' side setback for the garage. Mr. Nyquist stated he is agreeable to staff's recommendation except to maintain the 10' setback. He noted that many of the neighboring properties have a garage setback comparable to the proposed 5' setback. He also noted that if a 10' setback is maintained he would have problems gaining access to the well on the property. He stated he is agreeable to removing the plastic around the house and is open to suggestions for its replacement in conjunction with solving the drainage problem into the house crawl space. Chairman Kelley felt the garage size and driveway could be cut down to reduce the hardcover an additional 2% so there would be no increaec 75-'50' hardcover from what currently exists. There were no comments from -ne public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Cohen, to recommend approval of the side and street setback variances as proposed, subject to removal of plastic within 0-75' that is not necessary to protect foundation/crawl space, and 75-250' hardcover not to exceed existing 40.9%. Motion, Ayes 5, Nays 0. MINUTES OF THE PLANNING COMMISSION MEETING Mm APRIL 18, 1988 #1261 JOE RAUSCRBNDORFER 3895 SHORELINE DRIVE VARIANCE PUBLIC HEARING 8:12-8:30 The Affidavit of Publication and Certificate of Mailing were noted. Gaffron explained that that applicants were encouraged by staff to submit a variance application since the upgrade of Cty. Rd. 15 will have a major effect on existing structures and fence on their property. The applicants existing planter box will he removed as part of the Cty. Rd. 15 construction which will be replaced by the County, but only to the extent approved by the City of Orono. Part of the planter box and most of the fence are within the county road right of way. Applicant requests direction as to what restoration is allowable and how high a fence will be allowed. Additionally, applicant is proposing a phased upgrade, beginning in 1989, of the existing house including the reconstruction of foundation walls and construction of an addition on the lake side of the house and construction of an attached garagL. Joe and Sandy Rauschendorfer were present for this matter and reviewed their future plans and stages to be done. Regarding the replacement of the fence, applicant would like to construct a 6' high privacy fence. Chairman Kelley felt that because applicantc !o not intend to start work until 19890 Planning Commission should only address the planter box and fence issue at this time. Mr. Rauschendorfer stated that they would like souta conceptual direction from the Planning Commission regarding the extent they can _ae their property in order to decide if they want to remain living there. Chairman Kelley stated his major concern with any property improvements would be staying within the existing or less hardcover amounts. Regarding the proposer? garage, Planning Commission felt the 10' structure-t•, structure -setback was necessary for safety reasons. Mr. Rauschendorfer stated that in order to build an adequate sized garage with turn around the required 10' structure -to -structure setback could not be maintained. There were no comments from the public regarding this matter and the public hearing was closed. MINUTES OF THE PLANNING COMMISSION MEWING OR APRIL 18, 1988 41261 RAUSCRENDORPER CONTINUED It was moved by Chairman Kelley, seconded by Cohen, to table this application until June for additional information and further consideration. Motion, Ayes 5, Hays 0. Regarding the planter box and fence, Planning Commission conceptually approved the plan per staff recommendations, noting that the fence at a maximum height of 6' above the road crown would not need variances. 81262 CURTIS RAGlORS 1412 HAiDUR PARR % AD VARIANCE PUBLIC HEARING 8:34-8:48 The Affidavit of Publication and Certificate of Mailing were noted. Curtis Hagfors was present for this matter. Gaffron explained the application involving major additions to the existing house and replacement of the existing garage with a new double garage. The intent is to lift the existing house and move it into the 0-75' area temporarily (1-2 weeks) in order to put in a new foundation, then construct house and deck additions to the house and also construct a new detached garage. Variances requested are as follows: 75-250' hardcover - Allowed - 25% or 2572 s.f. Existing - 25.2% Proposed = 35.3% or 7294 s.f. Per staff's memo, this hardcover variance request is consistent with recent hardcover approvals on the adjacent properties to Rither side. wide setback for house addition - Required - 10' Existing house - 9.6' Proposed addition extension = 9.6' Variance - 0.4' Garage street setback - Required = 30' Existing - 12' Proposed new garage = 17' Variance - 13' Chairman Kelley noted that the major issue was the hardcover variance. There were no comments from the public regarding this matter and the public hearing was rinsed. 7 MINUTES OF THE PLANNING COMMISSION MEETING KRIM APRIL 18, 1968 91262 RAGPORS CONTINUED Planning Commission felt that if the plan was to lift the house and replace the foundation, that the house could be moved over and back to meet the 10' required side setback and back so that the proposed deck does not encroach the average lakeshore setback line. It was moved by Johnson, seconded by Hanson, to recommend approval subject to the following conditions: 1. Lowest floor elevation must be 932.5' or higher. 2. House may be stored for up to 6 weeks in the 0- 75' zone. 3. Replace house to meet required setbacks. 4. Variances approved: a. Hardcover 75-250' - 35.3% allowed. b. Garage street setback of 17' allowed. c. Lot area/width variances. Motion, Ayes 4, Nays 1. Cohen voted nay opposing the hardcover increase. 91263 JAMES RIVERS -WINDWARD MARINA 1444 SHORRI.IEE DRIVE CONDITIONAL USE PERMIT/VARIANCES/ COMMERCIAL SITE PLAN REVIEW PUBLIC MEANING 8:46-9:26 The Affidavit of Publication and Certificate of Mailing were noted. James Rivers was present for this matter. Jacobs reviewed the proposal to build two new structures on the property. Reviewal of variances as follows: Parking - The property is 7 parking spaces short of the required number, which has previously been approved including a conditional use permit for commercial overflow parking in a re• �ential district. . change to what _.rently exists proposed. Of the 72 parking spaces provided, Planning .ummission felt that 6 spaces should be designated for retail use 12 mont� of the year, and 66 spaces designated as seasonal -ces from May 1 - September 30 of each year. This wa, ed on requirments of the retail space of building. Minimum Landscaping__ ;.plicant is requesting ••arance to the lakesho:x, side yard. and front ndscaping section due to the parking requirements, :e of the structure, the size of lot, and roadway sough middle cf the property. MINUTES OF THE PLANNING COMMISSION MEETING RRIM APRIL 10, 19BB i1263 RIVERS-MINDMARD MARINA CONTINUED Chairman Kelley stated he was sainst granting any variances for landscaping. Mr. Rivers noted that there is a t",sding legal case with the Col.inty regarding the righ.-of-way issue whereas he is requesting the County vacate property they have never maintained. Jacobs reviewed the right-of-way issue noting that the County stated in their report that nothing is to be done within the County right-of-way. Planning Commission felt they could not make a recommendation involving the right-of-way until the matter was resolved between the applicant and the County. Lot Area/Lot Width - No change from what exists. Street setback - Planning Commission felt that the required 15' setback should be maintained. Lakeshore setback/Lakeshore hardcover - Jacobs reviewed the hardcover variances requested from Tanager lake and Browns Bay; and reviewed the proposed 30' lakeshore setback where 75' is normally required. Currently a 55' setback exists, however it is all hardcover, and the current proposal consists of a 30' grass area along the lake in front of the building. Planning Commission found no problen. with the hardcover as proposed. Chairman Kell-y felt that the setbacks should be maintained, building square footage should remain the same as it exists now and move it toward L•;c Tanager Lake side and then if necessary come baca with a variance request for a lakeshore set:,ack. It was noted that .:pis issue could have a different impact if it was tabled pending the outcome of the right-of-way issue. Commercial Site Plan Review - 1. Access - The City Engineer recommended c median, howev,' Planning Comm-ssion felt a median would presen, access proNlems for large boats and suggested a mobile median device or none at all. The Hennepin County Transportation Dept. recommended turn laves, however, etaff excluded them from their recommendation, as it is not feasible since it would require work on neighbori-.g property. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 01263 RIVERS-MIMMARD MARINA CONTINUED 2. Drainage - The City Engineer is requesting drainage plans and details to control the st3rm water run-off. The plan shows arrows for runoff but not how to handle it before it enters the lake. 3. Building 6 Screening plans - Jacobs reviewed these plans as outlined in .staff memo. 4. Signage - Per staff recommendation, applicant plans to reduce the size of the lettering. 5. Fire Code, per i SAC Charges - Reviewed and accepted per st-.r memo. 6. Landscaping plan - Plan must he provided. Staff recommends that the area south of the crane be made into green area. Planning Commission also wants 10' of green area in the front of a building on the Tanager Take side of the property. There were no comments from the public regarding this matter. It was moved by C' ':man Kelley, seconded by Hanson, to table this applic, until the right-of-way issue has been resolved with County and advising the applicant conrider comments made by the Planning Commissiuc, in developiry this comprehensive commercial site plan. Motion, Ayes 5, Nays 0. 61264 TOR i CHRIS SMIRIA 20 CYGNET PLACE VARIANCE PUBLIC HEARING 9:28-9:38 The Affidavit of Publication and Certiil.-Pt[• nt Mailing were noted. Tom Smieja was present for this matter. Gaffron reviewed the request for lot area and lot width variances as follows: Lot Area - Required 2.00 acres, Existing 1.31 acres Lot Width - Acquired 206•, Existing 193' alc:r{ Cygnet Place Staff r, lends approval baseu on the :icdings that the lot size .:onsistent with existing developed let sizes in the general area, the lot can support a:.+table primary and alternate drainfiled sites, and no adja a*nt property is available for purchase to make tha conforming l,:t. 10 MINUTES OF THE PLANNING COMMISSION MEETING BRED APRIL 18, 1988 #1264 SMIEJA CONTINUED 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 lot area and lot width variances per staff recommendation and conditions. Motion, Ayes 5, Nays 0. #1211 GMa LD NESLUND/JAMES MCCAFFERY 1225 ORONO OAKS DRIVE COND?I'ft-P'r, JSE PERMIT/VARIANCE FOR DR. q THROUGH WETLAND REQUBST _•r2 ANVISED LOCATION I1F'OiR11A?lam ONLY Gaffron explained this matter where the applicants were previously granted a conditional use permit and variance to construct a driveway directly through a wetland in order to access the property on Orono Oaks Drive. As construction progressed; it became evident that the wetland was not as stable as had been thought and would not support the construction of a driveway. Therefore, applicants are proposing to remove as much of the placed fill as possible, a! lowing the wetland to return to its previous state; and relocate the driveway further west on an easement over Lot 8 owned by Gerald Nes lured. Planning Commission accepted this information and staffs recommendation as presented. APPROVAL OF MINUTES It was moved by Chairman Kelley, seconded by johnson, to approve the Minutes of the March 21, 1988 Planning Commission meeting as submitted. Motion, Ayes 5, Nays 0. PLANNING COMMISSION RRPRESENTATIVE Chairman Kelley was appointed to attend the May 9, 1988 Council meeting. ADJOURNMENT 9 : 4 2 P.M. The Planning Commission meeting adjourned at 9:42 P.M. 11 It MINUTES OF THE MEF71 OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON APRIL 11, 1988 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, April 11, 1988. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the consent agenda was approved as follows: - approved the minutes of the March 14, 1988 regular meeting; - approved a variance request for Casey Owens, grade 7, to complete the 1987-88 school year at Westonka; - approved the following coaches for spring sports: Brian Bergstrom, assistant baseball -boys; Kevin Sharpe, assistant baseball -boys; Ray Falls, golf coach -boys; Scott Zeidler, assistant softball; Amy Luesebrink, assistant softball; Bill Greenwood, assistant track; - approved the appointment of Lynne C. Bryant as high school business educa- tion computer clerk effective April 4, 1988 for the remainder of the 1987-88 school year; - accepted the resignation of Erika A. Matzen as short hour kitchen aide at Orono High School effective April 4, 1988; - approved the contribution of $150.00 to the Orono Education Association to offset costs of the recognition/retirement breakfast held at the end of the school year; - approved the following new Community Education class for summer, 1988: Lake Area Leadership Institute; - approved the bills as covered by vouchers 058744 through 058828 and 058012 through 058187. Dr. Mich reported that on April 6 teacher/administration/board representatives participated in a rally at the Capitol in support of the House bill on aids to education; that on April 4 he had the opportunity to speak to real estate agents from Edina Realty regarding the Orono School District; that a Board Workshop would be held immediately following tonight's meeting; that a special Board meeting will be held on April 14, 1988; that the high school play had success- fully concluded the previous weekend; the he and Bill Fenholt had met with Marge Gasch and Mary Johnson regarding HTI and its relationship to our school district; that the Parent Meet & Confer committee will meet on April 18 at 7:00 p.m.; that district administration will host a breakfast meeting on April 13 for area clergy; that the elementary school had a successful mini -course program on April 8 with over 30 adults providing mini -course opportunities for students; that the elementary school had a physical education demonstration evening on April 5 with excellent participation by families; that 125 students and 13 adults spent the week of April 5 - 8 at Camp Isabella; that the Volunteer Recognition Breakfast will be held on April 27 from 9:00 to 10:00 a.m, at the middle school cafeteria; that he has asked Community Services to tape the National Honor Society and Scholarship Awards evening to be rebroadcast on Cable TV; that a successful dance was held for the middle school students on April 8 which is part of the continuing growth of social activities for these students; that Dr. Harry Wong from California provided an exciting presentation for faculty on April 1. Jim Franklin and Dave McKown reported briefly on the Nationel School Boards Association Convention which they attended in New Orleans, Louisiana, March 26 - 29, 1988. Dr. Mich summarized the progress/activities of the long-range planning commit tees to date. UPON MOTION by John Maresh, seconded by Kitty Crosby, the Board of Education approved the Chemical Health Policy as follows: .� CHEMICAL HEALTH POLICY The Board of Education of School District 278 recognizes its responsibility to establish a viable chemical health program which includes a student assistance component. The main goal of such a program is to systematically and pro- fessionally help students to develop the skills needed to meet the challenge of dealing effectively with chemical use. The Chemical Health Program will provide a structured and organized approach for students in order to assist them with problems which may place them at high risk for chemical abuse. This policy recognizes the responsibility of the school in responding to student problems. It also recognizes the school's role and responsibility to promote health as part of a comprehensive educational program. The following requirements apply to the implementation of this policy: 1. Students will be encouraged to seek assistance in times of personal stress, struggle, or crisis or in cases where there is concern about chemical use. 2. The cooperation of parents and guardians to resolve student problems will be sought. Parents and guardians w4,1 De contacted as soon as possible when appropriate. 3. All records and discussions of personal pri ,lems will be handled in a confidential manner. 4. Prelininary assessment of student chemical use problems and referral will be encouraged if appropriate. Costs for diagnostic and treatment services outside the school are the responsibility of parents or guardians. 5. Supervision of the educational programs of students in treatment facili- ties and assistance in the adjustment of students returning from outside placements will be provided. This policy does not alter or replace existing administrative practices, disciplinary procedures, contractual agreements, or state law, but serves to assist in their utilization. Dr. Mich presented the pupil staff ratio policy to the Board for a first reading. He informed the Board that the State Board of Education Rules provide that local school boards must adopt a policy if the local school district is to exceed the pupil teacher ratios established by State Board Rule. He stated that they do not intend to exceed the pupil teacher ratio as established by the State Board but it could occur for a variety of reasons, therefore the necessity for adoption of this policy. Final approval will be sought at the April 25 Board meeting. Member Kitty Crosby introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE TERMINATION AND NON -RENEWAL OF THE SUBSTITUTE TEACHING CONTRACT OF Laura Johnson A LONG TERM SUBSTITUTE WHEREAS, Laura Johnson is a long term substitute teacher in Independenr3m7o District. BE IT RESOLVED by the School Board of Independent School District No. 278, that the teaching contract of Laura Johnson a long term substitute teacher in Independent School str c s hei4y terminated at the close of the current 1987-88 school year and 1s not renewed for the 1988-89 school year. BE IT FURTHER RESOLVED that written notice be sent to said teacher regarding termination and non -renewal of his/her contract and that said notice shall be in substantially the following form - NOTICE OF TERMINATION Ms. Laura Johnson U4 a zitn AM S.E. nneaoo s. Dear Ms. Johnson You are hereby notified that at a regular meeting of the School Board of Independent School District No. 278 held on April 11 , 1988, a resolu- tion was adopted by a majority roll call vo terminate your contract effec- tive at the end of the current school year and not to renew your contract for the 1988-89 school year. This action is taken because of the return of the person for whom you are substituting and/or decrease in enrollment. Yours very truly, SCHOOL BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 278 r-te it Fel of the Sch Board The motion for the adoption of the foregoing resolution was duly seconded by member Don Anderson and upon vote being taken thereon, the following voted n favor ereo : Kitty Crosby, John Maresh, Lucie Taylor, Jim Franklin Don Anderson, Dave McCown and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. Member Kitty Crosby introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE TERMINATION AND NGN-RENEWAL OF THE TEACHING CONTRACT OF Betty A. Heitke , A PROBATIONARY TEACHER WHEREAS, - BettyA. Heitke is a probationary teacher in Independent School Dis r c o. 278. BE IT RESOLVED by the School Board of Independent School District No. 278, that pursuant to Minnesota Statutes 125.12, subdivision 3, that the teaching contract of Bettz A. Heitke , a probationary teacher in Independent oo District No. s ereby terminated at the close of the current 1987-88 school year and is not renewed for the 1988-89 school year. BE IT FURTHER RESOLVED that written notice be sent to said teacher regarding termination and non -renewal of his/her contract as provided by law, and that said notice shall be in substantially the following form: NOTICE OF TERMINATION Ms. sett Heitke rn n s . on9 Lake, Dear Ms. Heitke You are hereby notified that at a regular meeting of the School Board of Independent School District No. 278 held on April 11 , 1988, a resolu- tion was adopted by a majority roll call vote to term pate your contract effec- tive at the end of the current school year and not to renew your contract for the 1988-89 school year. Said action of the board is taken pursuant to M.S. 125.12. Subd. 3. You may officially request that the school board give its reasons for the non - renewal of your teaching contract. However, such request must be received within ten days after the receipt of this notice. For your information, however, this action is taken because of the discon- tinuance of your position; namely, because of the uncertainty of staffing needs and/or financial resources. tours very truly, SCHOOL BOARD OF INDEPENDENT SCHOOL DISTRICT NO. 278 e k Of the School Board The motion for the adoption of the foregoing resolution was duly seconded by John Maresh and upon vote being taken thereon, the following voted in favor thereo Kitty Crosby, John Maresh, Lucie Taylor, Jim Franklin, Don Anderson, Dave McKown and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. UPON MOTION by Don Anderson, seconded by Jim Franklin, the School Board will engage the services of the Institute for Environmental Assessment as consultants to insure compliance with the Federal Asbestos Hazard Emergency Act. Lucie Taylor MOVED, Jim Franklin seconded, to increase the lunch prices by ten cents for 1988-89 for student and adult lunches. Pricing scale follows: ORONO LUNCH PRICES 1988-89 Grades 1-3 10 lunch tickets $10.00 (1.00) Single $1.05 4-8 5 " 5.50 (1.10) 1.15 9-12 10 " 11.50 (1.15) 1.25 Adults 10 lunch tickets 17.50 1.75 Student Milk - chocolate 20t, white 20t Malted Milk - 6 oz. 25t Lucie Taylor auestiuned the necessity of increasing lunch prices at this time in light of the figures that were presented and stated that she would like to see price increases deferred for one year. Bill Fenholt explained that the deficit will continue to accelerate and that needs to be arrested beginning next year; that our price structure in comparison with other districts is low; that another variable would be the settlement of salaries under Comparable Worth mendates. Johc Maresh MOVED, Lucie Taylor seconded, to amend the motion so that the price for malted milks will remain at 25d. The question was called on the amendment to the motion. Carried unanimously. The question was called on the motion as amended. Nay: Lucie Taylor. UPON MOTION by Jim Franklin, seconded by -itty Crosby, the Board of Education approved the Memorandum of Understanding as prepared by the Hennepin County Attorney's office. Memorandum of Understanding follows: 1_ /'. /87 FINAL MEMORANDUM OF UNDERSTANDING WHEREAS, Independent School District I (hereinafter, District) and the Police Department oar —the City of (hereinafter, Department) recognize that ere is a drug problem among our youth that interferes with their behavior, learning, and fullest possible development; and WHEREAS, the District has implemented a Drug and Alcohol Policy and a chemical health program of prevention, intervention, referral and aftercare, thereby assisting in the prevention of chemical abuse among students and providing appropriate services to those students whe become involved with drugs; and WHEREAS --recognizing that chemical dependency is a treatable illness --student drug problems should be handled in the first instance within the school or community rathrr than through court intervention, unless the drug use is a(,c:,panied by other criminal activities; and WHEREAS, Court -ordered treatment of juvenile chemical abuse ahould be reserved for those individuals who commit crimes in conjunction with the use of drugs or who require Court intervention to enhance the likelihood of successful treatment; and WHEREAS, enhanced prosecutorial efforts are appropriate where juveniles having a history of chemical abuse commit criminal acts other than drug or alcohol use, and thus an awareness of a student's repeated chemical use is r relevant factor for law enforcement to consider in evaluating cases presented to them for investigation; and WHEREAS, Minn. Laws 1987, Chapter 295, requires the establishment of a pre -assessment team for each school within the District and, further requires the adoptiun of a Memorandum of - ---Understanding between the District and the Department providing for an exchange of information in order to further the District's policies for the prevention, dete(:tii)n, and treatment of chemical abuse and to facilitate mutual capabilities for addressing criminal activity by students involved with drugs; BE IT HEREBY AGREED between the District and the Department that, in accordance with the provisions of Minn. Laws 1987, Chapter 295, the following exchanges of information are agreed upon and authorized: I. The school administration representative on each school pre -assessment team shall give written notice to the Department with jurisdiction at the site of the school and to the law enforcement agency with jurisdiction at the student's residence, if the different agencies involved are signatories to this agreement, of all violations of the District Drug and Alcohol Policy involving the unlawful use, possession, or sale of drugs or alcohol. II. The Department shall give written notice to the District for the student's school pre -assessment team whenever an incident occurs within the Department's jurisdiction in which a student is involved in a violation of: A. The provisions of Minn. Stat. Section 340A.503, Subd. 2 or 3, regarding the possession or purchase of alcoholic beverages, or B. The provisions of Minn. Stat. Section 152.09, Subd. 1, regarding the possession or sale of a controlled or simulated controlled substance, or C. The provisions of other statutes which are specified as reportable to the pre -assessment team in future -enacted amendments to Minn. Laws 1987, Chapter 295. These violations shall be reported to the appropriate school's pre -assessment team regardlsG: o: whether the incident will be referred to Court by Department personnel. With regard to a matter reported to the Department by a school pre -assessment team, upon :+ determination that probable cause exists and 11111e-�s the interests of justice require otherwise, the Department shall refer the matter to the Hennepin County Attorney's Office in the following instances: 2 A. Any case involving the illegal sale or distribution of drugs, simulated controlled substances, or alcohol. a. Upon student's third violation of school reuiation.s concerning use or possession of drugs or alcohol on school premises or at school -sponsored events C. Upon a student's second violation of such regulations if there has been a previous failure of the student to cooperate with the District's drug and alcohol policies, or if other circumstances dictate Juvenile Court intervention to facilitate assessment or treatment. D. Upon a student's first violation of such regulations when, within the previous year, the student has been Adjudicated delinquent with regard to one felon -;-level offense or two or more misdemeanor or gross misdemeanor level offenses. IN WITNESS WHEREOF, this Memorandum has been signed on the dates below -indicated by the following District and Department representatives, and will continue in effect until superseded by a new Memorandum or specifically rescinded in writing: INDEPENDENT SCHOOL DISTRICT f By: By: Its: Its: Dated: Dated: POLICE DEPARTMENT Jim Franklin provided explanation of this memorandum stating that this enables school districts and public safety officers to exchange information relative to the student's violation but does not allow release of academic information or educational records of the student. Kitty Crosby MnVED, Don Anderson seconded, to approve the 1987-88 final budget and the 1988-89 preliminary budget as set forth in the Budget Document. Lucie Taylor requested that the vote on this item be delayed as she felt that she had not had the time to devote to the study of the budget and would appre- ciate more time to study the document. Dr. Mich stated that the approval of the 1987-88 final budget is approval for what has actually transpired in the 198748 year and in the preliminary budget the Board is setting forth, for planning purposes, a skeleton by which the budget is built for the 1988-89 year and corrections/changes will be made during the year depending on the legislature, salar-Y settlemer.*s, etc. Bill Fenholt provided background information regarding the development of the budget and answered questions from Board members. The question was called on the motion. Abstained: Lucie Taylor. Motion carried. Lucie Tay'or stated that her abstention was due to the fact that she `-Ols that she doesn't have enough knowledge, at this time, regarding the budget .ld also requested that the budget document be distributed enough in advance of a Board meeting to allow adequate time for study of the document. UPON MOTION by Kitty Crosby, seconded by John Maresh, the School Boar authorized the administration to purchase a van for handicapped transportation for 1988-89. Discussion ensued regarding the number of vehicles the district has, use of those vehicles, drivers, etc. Lucie Taylor requested information regarding the total cost to the district for this van and Bill Fenholt responded that this could be done after a full year cycle had passed. Kitty Crosby expressed appreciation to Ceorge Stubbs and Bill Fenholt for the budget preparation and the hours of work involved. The Board had received information from the Guidance Office on a follow-up study of the Class of 1986. The Board requested further information in order to pro- vide clarification/explanation of this study. The Board briefly discussed the rubbish removal cost increase for the district. Administration will check into the possibility of recycling rubbish materials. UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the meeting was adjourned. C Katherine P. Crosby, C er Approved: , aveDMcKown, Chairman LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE May 1988 Thursday 5- 5-88 7:00 p.m. Board of Directors with Metro Parks and Open Spaces Commission - Systems Committee Gray FreshWacer Biological Institute, Navarre Wednesday 5-11-88 5:00 p.m. Advisory Committee of the Comprehensive Plan for the Management of Lake Minnetonka Tonka Bay Village Hall Thursday 5-12-88 6:30 p.m. Special Meeting of the Board of Directors LMCD Office, Wayzata Saturday 5-14-88 7:30 a.m. Water Structures & Environment Committee LMCD Office, Wayzata Monday 5-16-88 4:30 p.m. Lake Use Committee LMCD Office, Wayzata Wednesday 5-25-58 7:00 p.m. Public Hearing: Al & Alma's Supper Club On -Sale Beer & Wine License 7:30 p.m. Regular Meeting, LMCD Board of Directors Tonka Bay Village Hall, 4901 Manitou Road (Co. Road 19) 4-29-88 11 f E MEMO TO: Board of Managers Minneh.`. Creek Watershed District FROM: Eugene A. Hickok and Associates DATE: April 21, 1988 Rya _ [q n T RE: Lake Level, Flow and Precipitation Summary for February 1988. Lake levels in Lake Minnetonka have remained at approximately 928 in March 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 was not measured during March. The 30 year average precipitation for March at the National Weather Service station in Ma le Plain is 1.52 inches. The actual precipitation recorded in Wayzata fog March was 1.51 inches. A summary of precipitation follows. PRECIPITATION SUMMARY Actual 30 Year Average Maple Plain March -- 1.52 Minneapolis -St. Paul Intern'l Airport March 0.30 0.85 Wayzata March 1.51 -- 930.00 929.80 929.60 929.40 929.20 929.00 928.80 9211.60 925.40 928.20 928.00 927.80 927.60 927.40 927.20 LAKE MINNETONKA Woter Levals 1987- 1988 NOHW(929.4) RUNOUT ELEVATION(928. 927.00 T..... I . I ....... . ..... 09-Jon-87 13-Apr-87 01-Jul-87 31-Jul-87 31-pug-87 16-Oct-67 05-Jaii-d8 GE-Apr-Bd DATE ---------------------- ME4 Water Elevations - Lake Minnetonka Date Elevation Flow Late Elevation Flow Date Elevation Flow Date Elevation Fla 09-Jan-87 929.30 0.00 06-Jul-67 927.46 0.00 08-Sep-87 928.52 0.00 17-Feb-68 927.94 0.00 21-Jan-67 928.37 0.00 14-Jul-67 027.43 0.00 14-Sep-87 928.48 0.00 25-fvb-88 927.96 0.00 30-Jan-67 928.38 0.00 16-Jul-81 7.37 0.00 12-Sep-81 928.53 0.00 07-flar-88 927.96 0.00 05-Feb-87 928.40 0.00 21-Jut-67 927.71 0.00 21-Sep-87 929.47 0.00, 15 Mar-88 928.00 0.00 18-feb-87 928.35 0.00 22-Jul 87 927.71 0.00 25-Sep-67 920.44 0.00 24-Mar-88 928.06 0.00 26-feb-87 928.34 9.00 24-Jul-67 928.62 0.00 26-Sep-87 928.42 0.00 30-Mar-88 929.06 0.00 06-Mar-87 928.35 P.00 27-Jul-67 928.75 0.00 05-Oct-87 976.32 0.00 04-Apr-88 928.14 0.00 13-f1ar-87 928.34 0.00 28-Jul-67 928.73 0.00 12Akt-87 928.13 0.00 06-Apr-BB 929.16 0.00 26-Mar-87 928.37 0.00 30-Jul-67 928.79 0.00 16-Oct-87 928.16 0.00 11-Apr-88 928.;4 0.00 06-Apr-91 928.28 0.00 31-Jul-87 928.81 0.00 20-Oct-87 928.15 0.0U 13-Apr-88 928.16 0.00 13-*-87 928.25 0.00 03-Mg-67 928.81 0.00 26-Oct-67 920.12 0.00 18-Apr-88 928.20 0.00 21-W-87 M.20 0.00 06-Auq-87 928.78 0.00 02-Nov-87 928.06 0.00 27-Apr-67 93.22 0.00 10-4uq-67 928.79 0.00 09-1ov-87 928.04 0.00 04-41ay-67 928.22 0.00 It-Aug-87 928.77 0.00 16-iov-87 928.04 0.00 12-May-87 920.23 0.00 17-Aug-87 928.85 0.00 24-Nov-67 728.00 0.00 21-f1ay-87 927.94 0.00 18-Auq-67 928.83 0.00 01-Dec-81 928.10 0.00 28-May-87 927.93 0.00 19-Aug-61 928.79 0.00 07-Dec-87 928.08 0.00 03-Jun-67 727.89 0.00 24-Auq-87 928.72 0.00 14-Dec-87 9n.OB 0.00 15-Jun-87 927.66 0.00 26-Aug-67 928.65 0.00 05-Jan-BB 927.86 0.00 23-Jun-67 927.67 0.00 31-M-87 928.65 0.00 19-Jan-88 727.88 0.00 01-Jul-87 927.35 0.00 01-Sep-87 928.64 0.00 03-feb-88 927.96 0.00 F W V Z 0 l= a U W cr a SIX MONTH - RECIPITATION RECORDED 3 2.8 2.6 2.4 2.2 2 1.8 1.6 1.4 f.2 1 0.8 0.6 0.4 0.2 0 OCT. 87 NOV. 87 DEC. 87 MONTH ® MAPLE PLAIN AVE. JAN. 88 FEB 88 MAR. 88 ® WAYZATA ACTUAI 511 MONTH PnFCIPITATION RECORDED MPLS. AIRPORT MPLS. AIRPORT MAPLE PLAIN WAYZATA AVERAGE ACTUAL AVERAGE ACTUAL OCT. 67 1.85 0.6 2.06 0.84 NOV. 87 I.i, 2.07 1.46 2.37 DEC. 67 0.87 1.25 0.86 0.79 JAIL. Be 0.82 1.37 0.84 0.96 FEB. 88 0.85 0.3 0.78 0.19 MAR. BB 1.17 1.33 1.52 1.51 It Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (6312) 474-5539 31988 Date: May 2, 1988 To: All LMCC; Directors From: Holly Hansen Re: Upcoming Meeting There will be a meeting of the full Commission on Tuesday, May loth at 5:00 pm Please note that this meeting will be held in the Excelsior City Council Chambers and that each member city should send two representatives to this meeting. Important items on the Agenda include Dowden's compliance with the Regional Channel requirement of our franchise, and the transfer of ownersh p to Triax Communications: Ourattorney, Tom Creighton, and I met on April 22 with Jin. Vaughn, Director of Operations for Triax, to discuss the Regional Channel situation. Also present were Mary Smith, Dowden attorney Lee Sheehy and Eric Olson, an engineer for Triax. Mr. Vaughn proposed that the Regional Channel could be delivered to the Lake Minnetonka system via a hard -wire interconnect to Brooklyn Park. Included is a copy of a letter I received from Mr. Vaughn regarding this solution. The LMCCC's annual election of Officers and Executive Committee members will also take (' ce at the May meeting. The fc Towing individuals are running for office: Chair - Dennis Haggerty Deephaven Vice Chair - Thomas Anderson Medina Treasurer - Jerry Roehl Medina Secretary - Lesley Hughes -Seamans Tonka Bay There are three openings for the Executive Committee at large, the following people are running: Barbara Brancel Shorewood Tim Adams Orono Jim Olds Excelsior It is imperative that we have a large quorum to conduct the business scheduled for our May meeting. If you cannot attend, please contact you•city's alternate as soon as possible. Also, if you cannot attend this meeting, please let me know no later than 5:00 p.m. Monday, May 9th. If you have any questions regarding this meeting, please feel free to contact me at any time. 1 A G E N D A LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE Tuesday, May 10, 1988 5:00 pm Excelsior City Hall 339 Third Street Excelsior, MN 55331 I. CALL TO ORDER II. APPROVAL OF MINUTES III. REPORTS (A) Officers (B) Administrator (C ) Dowden IV. PUBLIC HEARING 6:00 PPi V. CONSIDERATION OF DOWDEN'S COMPLIANCE WITH REGIONAL CHANNEL 6 REQUIREMENT OF FRANCITISE VI. DOWDEN SALE TO TRIAX VII. ELECTIONS OF OFFICERS AND EXECUTIVE COM11ITTEE VIII. UNFINISHED BUSINESS IX. NEW BUSINESS X. AJOURN Cl 114 U 1 t J LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION 5:00 P.M., EXCELSIOR CITY HALL TUESDAY, APRIL 12, 1988 I. CALL TO ORDER Chairman Haggerty called the April 12, 1988 meeting to order at 5:10 p.m. P O T.T. r A T.T. Directors Present Dennis Haggerty Jim Olds Dean Johnson Tim Adams Lesley Hughes -Seamans Tom Anderson II. APPROVAL OF MINUTES Motion 4.12.88.1: Johnson moved, the minutes of March 15, 1988 as IIT. REPORTS A. OFFICERS Motion 4.12.88.2: Just Claims: to approve Just Claims as written unanimously. Others Present Holly Hansen Tom Creighton - O'Connor & Hannan Mary Smith - Dowden James Vaughn - Triax Lee Sheehee - Dowden's Attorney Shelly Quaas seconded by Anderson, to approve written. Motion carried unanimously. Olds moved, seconded by Anderson, on appendix A. Motion carried B. ADMINISTRATOR Administrator Hansen referred to the Just 1--ims, she explained to the Commission that she took out two (2; Certificates of Deposit through the State Capitol Credit Union instead of putting the money in a preferred Share Account. One Certificate is for 90 days at 6.5% interest the other Certificate is for 18C days at 7.0% interest. Hansen would like approval from the Commission to open a safety deposit bo:c at the Bank Excelsior for $12.00 a year to keep the Certificates of Deposit in. Up to three (3) people can be authorized access to the box. Motion 4.12.88.3: Anderson moved, seconded by Olds, to open a safety deposit box at the Bank Excelsior for $12.00 a year. Motion carried unanimously. The three names to be used for signature to have access to the safety deposit box will be: Jerry Roehl, Dennis Haggerty and Holly Hansen. Hansen informed the Commission that a new employee has been hired at the studio, her name is Monique Basart. She will be working approximately 15 hou::s a week. Next month is election month. Hansen would like Commission members to let her know if they are interested in running for office or the executive committee. Johnson and Anderson are willing to be the nominating committee if replacements can be found for them. C. DOWDEN CABLE SYSTEMS Mary Smith introduced Mr. James C. Vaughn to the Commission, he is the Director of Operations at Triax. M. Smith reviewed her monthly report. Connections 244 Disconnects 144 Net Gain 100 M. Smith is pleased with the net gain as it is the slow time of the year. APRIL 12, 1988 IV. REGIONAL CHANNEL 6 Administrator Hansen attended an interactive demonstration of a Japanese language class between Edina and Richfield high Schools and a meeting on training fire fighters in a similar way. This training is in a pilot stage and plans are being made to carry this program on Regional Channel 6. The Osseo School District is also using Regional Channel 6 in its community education program. Hansen feels community organized and institutions are becoming more aware of the value of Regional Channel 6 and are using it more. Hansen feels Lake Minnetonka is missing out on these benefits to the comm>nity as Dowden is not hooked up to Regional Channel 6. M. Smith explained that Dowden has basically exhausted a method of interconnection with the microwave because there is nu ]LInre of siyiLc available. Smith also explained that fiber optics would be expensive, j she had a quote of .67t per foot. Hansen mentioned that Bill Leto of Hennepin Technical Centers said he could get fiber for .15Q a foot. D. Johnson asked if it would be a problem with the phone companies to hook-up with them for purposes of cable. Lee Sheehee, Dowden's Attorney, felt leasing with the phone companies should not present any problems. Administrator Hansen feels that the Commission needs to make a decision about Regional Channel 6 and Dowden's compliance with the requirement. Tom Creighton informed the Commission that a $5,000.00 check was received for transfer expenses. Creighton had a meeting with M. Smith and Jim Vaughn. Creighton made it clear to them that Regional Channel 6 is very important to the Commission. The Executive Commission members feel that if Dowden is found in default over Regional Channel 6 this decision should be made by the Full Commission. If a default is found Triax may have the opportunity to back out of the transfer. Motion 4.12.88.4: Anderson moved, seconded by Olds, to direct Administrator Hansen and Tom Creighton to negotiate and bring a recommended solution back to the Full Commission, and to also put it on the May Agenda to consider if Dowden is in compliance with Regional Channel 6 requirement of the franchise. Motion was discussed. Mary Smith was asked if Mr. Vaughn was aware of the problem with Regional Chan -.el 6. Smith stated that he was. Mr Vaughn of Triax explained that he was aware of the problems with Regional Channel 6, he basically thinks that it is more of financial, business and political problem than it is a technical problem. After discussion the motion was carried unanimously. V. PUBLIC HEARING - DOWDEN SALE TO TRIAX The Public Hearing was opened at 6:17 p.m. Mr. Vaughn of Triax gave a brief explanation of Triax. Triax was formed in 1982. Jim DeSorrento is the President, a 20 year veteran in the cable industry. Mr. Vaughn feels that the management at Dowden will remain intact. Mr. Vaughn said he has been in cable about 25 years, and started in the technical area. Adams aked if rates would be going up. Mr. Vaughn has no intentions of raising the rates, but he can't make any guarantees. Hansen asked about line extensions in less dense populated areas. Mr. Vaughn feels that Triax will be more aggressive than Dowden is. -2- APRIL 12, 1968 V. PUBLIC HEARING - CONTINUED Chairman Haggerty asked about Pay Per View (PPV). Mr Vaughn said PPV may be possible. The system must be partially addressable or tiered to allow PPV based on different converters and tiering. Mr. Dick Lewis of Orono is interested in line extensions in the less dense areas. Mr. Vaughn explained that it depends on how many subscribers are interested and the actual capitol costs per customer. Triax would like to make the system available to as many homes as possible. Mr. Vaughn feels Triax is an aggressive company and if a request is made to obtain cable, they would check it out to see if it is technically possible and how much interest there is in an area. Mr. Lewis is also concerned about the rates. Motion 4.12.88.5: Anderson moved, seconded by Hughes -Seamans, to continue the Public Hearing on May 10, 1988 at 6:00 p.m. Motion carried unanimously. Tom Creighton inEnr;ned the Commission that Kevin Cattoor completed a financial analysis of Triax. T. Creighton said that four (4) areas are to be analyzed. They are: -Technical Ability -Financial Ability -Legal Qualifications -Character of Company Of these four qualifications, T. Creighton feels that the financial analysis is the most important. It was asked how Triax compares with Dowden. T. Creighton feels that Triax is a more financially aggressive company then Dowden. VI. ADJOURNMENT Motion 4.12.88.6: Olds moved, seconded by Hughes -Seamans, to adjourn the April 12, 1988 meeting at 6:58 p.m. Motion carried unanimously. RESPECTFULLY SUBMITTED, Shelly Quaas -3- LMCCC JUST CLAIMS 3/16/88 - 4/12/88 CHECK N DATE PAYABLE AMOUNT ACCOUNT 1631 3/15 N.F.L.C.P. S 29.00 Misc. Video 10074 3/31 Holly Hansen 741.18 Payroll 10075 3/31 William Strohm 95.69 Payroll 10076 3/31 Patricia Ward 111.57 Payroll 1632 3/31 P.E.R.A. 85.94 P.E.R.A. 1633 3/31 State Capitol Credit Union 43,000.00 SCCU 1634 3/31 PI Audio Design 1,152.00 Equipment Fund 1635 4/12 MN Suburban Newspapers 26.00 Miscellaneous 1636 4/12 Laker/Pioneer Newspapers 18.16 Transfer Expense 1637 4/12 Weekly News, Inc. 16.44 Transfer Expense 1638 4/12 S.W. Suburban Newspapers 22.68 Transfer Expense 1639 4/12 Crow River News 19.75 Transfer Expense 1640 4/12 O'Connor & Hannan 573.75 Transfer Exp. 403.75 1641 4/12 Bank Excelsior 562.33 941 Taxes 1642 4/12 -I N.W. Bell 53.13 Telephone 1643 k/12 Metropolitan Council 1.50 Miscellaneous 1644 4/12 Paychex, Inc. 27.62 Sect'l. Svcs. 1645 4/12 Shelly Quaas 60.00 Sect'l. Svcs. 1646 4/12 Holly Hansen 27.57 Mileage 1647 4/12 William Strohm 3.15 Mileage 1648 4/12 Holly Hansen 262.23 Health Ins. 1649 4/12 Cinequipt, Inc. 158.79 Misc, Video 1650 4/12 N.F.L.C.P. 120.00 Memberships 1651 4/12 U.S. Postmaster 47.50 Postage TOTAL CLAIMS $47,215.98 BANK EXCELSIOR Beginning Balance $ 5,946.27 Total Claims (47,215.98) Fr. Fee Deposit 60.494.83 Interest 30.34 Pv ENDING BALANCE $19.255.46 1/7 STATE -CAPITOL CREDIT UNION Balance 3/31/88 $ 6,256.29 C.D.'s 90 day @ 6.5% $23,000.00 180 day @ 7.0% 20,000.00 r regulatory ow r at stake in cable tri Rolla se 9p . Paul Gustafson t use public rights of way can accum- :af f Wnter St. Paul, losing bidder have battled since 83 modate only so man utility lines. they say. lillions of dollars and the power of cently testified before a congressional lawyers have been ar;uing over that sobered in 1986 by a U.S. Supreme ties 'to regulate cable television are subcommittee that his firm, also a question frequently since Farrow Court decision in a case Farrow Though the officials maintain that stake in a legal dispute between the defendant, has spent S 1.5 million made it a cornerstone of several law- brought for Preferred Communica- cable franchising is legal, city officials ity of St. Paul and an unsuccessful preparing for the trial, which is ex- suits brought on behalf of cable com- sons Inc. against the city of Los in the Twin Cities area and across the able -franchise bidder scheduled to petted to last eight weeks. panies that either lost in franchise Angeles. In a unanimous decision, country will be watching the battle to trial today in federal court in St. competitions or have been denied the court found that cable-televi- between Nor -West and St. Paul. aul he legal battle between the city and or -West Cable Communications annership has been raging since 483. when the St. Paul City Council -versed its decision to grant Nor- .'est a cable franchise after a veto by layor George Latimer and instead Mardcd it to Continental Cablevi- on. : has been a complicated, conten- ous and costly fight that is likely to _come more so bclore the end of the -ial before U.S. District Judge Don - Id Alsop. I Ieadiiigs in the case form a stack --vcral feet high, and include a 53- age lit;t of the I.650 exhibits a team f Nor -West attorneys lead by Har- Id Farr w plan to enter as evidence. .ccorbing to a communications ade publication. Continental ('able- ision.chairman Amos Hostetter re - Hostetter attributed the Nor West lawsuit and similar ones in other pans of the country to a "renegade fringe." Alsop last week rejected a request by the city to outlaw the use of certain words by attorneys during the trial in order to keep the proceed- ings civil. But the judge did admon- ish attorneys to restrict their com- ments to reporters at least until a jury is selected. At a pretrial hearing last month. AI - sop told the attorneys: "This is pretty heavy and complicated stuff. And 1 have two of the national experts on cable television at one —ble, and the multinational law fin the other table, and neither of vu„ agree as to what this lawsuit is about." For all its complexity, the outcome of the trial may hinge on the answer to one question: Should cable television be treated like newspapers or like broadcast radio and television? permission to compete with cable sion's activities "plainly implicate firms already holding franchises. First Amendment interests" and sent One such observer is attorney Adnan the case back for trial. Herbst, who unsuccessfully sought Cable television. Farrow has said, is nothing more than an electronic newspaper. And like newspapers, he has argued in other lawsuits, it is protected by the First Amendment from government interference. Farrow has argued that cities should not be able to limit the number of cable -television companies that oper- ate within their bo.;ndaries any more than thev can limit the number of newspapers. .And cities shou!d not be able to re- quire cable companies to pay thou- sands of dollars a year in franchise fees, fund public -access programming or provide free public -access chan- nels, he has said. City attorneys who had given little credence to Farrow's First Amend- ment attack on cable regulation were permission to submit a bnef suppon- Since then. Farrow has won at least partial victories in several other cases brought on behalf of cable companies that either lost municipal franchises to other companies, or that want to operate without city franchises. Despite those victories, most cities and their attorne,3 maintain that ca- ble -television operators are more akin to broadcasters than newspaper publishers and c- n be regulated by municipalities. Municipal officials note that regula- tion of broadcasters is necessary be- cause there is a limited number of radio and television stations that can operate without interfering with each other's signals. Cable television, too, must be regu- lated because the utility poles that ing the city of St. Paul on behalf of one of his clients, the Northwest Sub- urbs orbs Cable Access Corporation. That group, which produces public - access programming shown on a ca- ble system serving suburban nnnh- west Hennepin County. fears a Nor - West in St. Paul could lead to elimi- nation of its public -access funding and channels, Herbst said. -If this case is decided for (Nor - West), it's possible that all existing cable franchises in the state could be invalidated, and existing cable opera- tors mignt seek concessions or chal- lenge the terms of franchises on Firs Amendment grounds," he sai,). 4ax Multichannel News — April 525. 1988 TC1 Exec: Access Shows Need Industry Support By Lairry Jeff" WASHINGTON — A joint cable industry effort is needed to help create and improve the programming on public access channels, according to Robert Thomson, vice president of goi,ernmental affairs for Tele- Communications Inc. Rogers Plans To Sell All U. So Systems By D"o Narrod DENVER - After a decade of high visibility in the U.S. cable market, Rogers Commu- nications Inc. said last week it is pulling out, putting its 525,000-subscriber U.S. oper- ations on the block with Morgan Stanley d Co. as bro- ker. The move was precipitated by Canadian television rules that earlier forced Rogers to buy back 14 :million shares of non -voting, U.S. stock to keep Rogers it Canadian - owned . firm, said Graham Savage, Regers senior vice president, investments. The buyback cost some S350 million, bringing Rogers' debt to more than $1 billion (Can- adian), he said, with much in See Rogers, page 56 Mr. Thomson made his re- marks at a recent two-day con- ference here titled Telecommu- nications d the First Amend- ment, which was attended by 125 people and sponsored by the National Federation of Local Cable Programmers and the Telcommunicat ions Con- sumer Coalition. Rogers Continued from page one short-term bridge financing that must be paid off quickly. "After a lot of soul -search. ing," Mr. Savage said, Rogers decided to sell its five clusters of U.S. systems to pay off the debt. Morgan Stanley is hoping to get between $2,000 and 33,000 a subscriber for the properties, said managing director Steve Rattner - or fit billion to 31 .5 billion. That's the going price for cable properties, he said, refering to reports that M. L. Media is talking about paying 32,700 for Prime Cable Corp.'s Prince Georges Coun- ty, MD, system. "The market is as strong or stronger than ever," Mr. Rat- tner said. Morgan Stanley is still compiling the offering nrn- terials and will sell the com- pany for stock in an auction process, he said. The systems being sold are in San Antonio, TX; Min- neapolis and its euburbs; Portland, Oil, and its suburbs; Orange County, CA; and Laredo, TX . By closing, the operations are expected to have 525,(X) subscribers, fol- lowing, Mr. Savage said, "a "Nothing would make its happier than if all of the pubic access channels we are re- quired to carry are fully pro- grammed," Mr. Thomson said. "For many reasons, that is not the case now." Support for access opera- tions is on industrywide issue, he pointed out. Because most cable companies, under local franchise agreements are re- quired to buy equipment, pro- vide training and build stu- dios, it makes sense for the industry to make sure the lot of internal growth" in the past year. Penetrations at the systems range from 34 percent in Min- neapolis and 36 percent at one of the California systems to 63 percent in Laredo, Mr. Savage said. Average penetration is 47 percent. The systems were mostly won through franchising ef- forts in the early '80s, and Mr. Savage conceded the cities' "ordinances are tough." The operations are largely in cities where the municip..,ities are active in the cable process, he said. "The process is never automatic in these situations," he added. In San Antonio, the city itself is weighing a buyout of the system (ace AVIti- channel News, April 4 1 im , p. 14). Rogers, the largest caul, erator in Canada with million subscribers, enteicd the U . S. market in 1978 with the build of Syracuse, NY, system. ",.t.: ve created some value," Mr. Savage said, "and, 1 hope, contributed to the growth of the business. And, with great regret, we're leaving. " In Canada, besides its cable holdings, Rogers has interests in Centel, Canada's national cellular telephone company I-] the uiels are being used and full', programmed, he added "Both of our interests are the same," Mr. Thnm-A)n said, adding that access chnn- nels are really local broadrnst stations that can be a valuable resnurce for cable systems. No single cable company can improve system access re- lations notionally, Mr Thomson pointed out. "Bat if `PCI can be the catalyst to help public access live up to its po- tential, then we're willing to do that," he added. NFLCP spokesperson Sharon Ingram said the con- ference's attendees were "en- couraged" by Mr. Thomson's speech. "It came as a very big surprise. We haven't had a cable person give that message in a long time," she said. Public access advocates were also optimistic about their future after a lobbying session with Rep. Edward Markey ID-MAI, chairman of the House's telecommunica- tions subcommittee, the day alter the conference. Ms. Ingram said a del- egation of 30 conference at- tendees met for an hour with Rep. Markey, who waa "very supportive of public access." The congressman, following up a public hearing he held in Melrose, MA, last March, said it was "plain unfair" that sev- eral cable systems have told subscribers that rate hikes wouldn't be as steep if several access channels are given up, according to Ms. Ingram. "Congressman Markey said access was one of the only con- cessions the cities got" from the Cable Act, said Ms. In- gram, adding that the law- maker said access channels shouldn't be put in jeopardy as bargaining chips to hold down rate increases. In audition to Rep. Markey, the attendees met with aides in the offices of about a dozen other con- gressmen and six senators. ❑ FCC Allows CA Telco To Build Cahle System By Jeannine Averse WASHINGTON —The Federal Communications Comm- miRRlon last week waive(' riles against telephone companies owning cable systemF ar.d gnve General 'Telephone Co. of California permission to build and maintain a broadband coaxial cable television facility in the I os Angeles suburb of Cerritos. National Cable Television Association president James Mooney called the agency's decision preposterous. " In the $7.5 million, 170-mile cable plant, 275 N111z of the broadband facility will be used solely for cable tele- vision service, while the remaining 275 NIIIz will be used for experimental "video -on -demand" services, which may See Cerritos, page 66 Cerritos Continued from page one include interactive video ser- vices, pay -per -view television, home banking and home secur- ity services, GTE Corp. said. GTE Corp. is the parent of General Telephone. NCTA and the California Cable Television Association, which both vigorously opposed General Telephone's appli- cation, promptly criticized the agency's ac,.:on . Both or- ganizations said they would appeal the decision. They have 30 days to do so. "We. . will not rest until it is in fact reversed," Mr. Mooney said. The waiver to federal law and rules which generally bar telephone companies from par- ticipating in the cai-le business was granted by the FCC's Common Carrier Bureau after a proceeding that lasted nearly a year. With the FCC ruling, Gen- era! Telephone will b.ild and maintain the cable system for Apollo Cablevision, holder of the cable franchise for the city of Cerritos. Apollo will lease 275 Mllz of bandwidth from General Telephone and will operate the traditional cable services. GTE Service Corp., a corporate affiliL:e of General Telephone, will lease LIce other half of the facility to test the so-called video�n-demand ser- vices, the FCC said. Although the FCC is allow ing GTE Service Corp. fa 09 various video services, tha permission does not allow th company to offer these service itself, the agency said. GT Service Corp. said it woul sublease the telecommunica tions network to other corn panies that want to provid those services. The FCC has in the pas granted waivers to cross -own ership rules when it was con vinced cable television servic would not be available to community ut..ess the tele -hone company is involved i the venture. "The Common r.ac-ier Bu reau has flatly viow.• d Con gross' intent in the Cable Ac to establish very narro grounds for a waiver of th cable telephone cross -own .•rship rules." said Mr. Moo ey. "The bureau's conclusio that cable service could n exist in a highly populate suburban areh without finan ing from the telephone co pony is preposterous on i face," he said. Similarly, CCTA called t bureau's conclusion "absolut ly astounding." Explain Michael Morris, CCTA vie president: "Cerritos is nearl in the center of an urban arc which, expect for Cerritos, fully served by independent cable operators The area sur- ronnding Cerritos is served by 75 cable systems I hose sys- tems pass more than 3 4 million homes, and currently serve almost 1.5 million cable customers. This is clearly not an area where cable service will not be provided unless the phone c�impany is involved." But the FCC disagreed. "The record shows that Cer- ritos conducted an exhaustive proce-is to select a franchisee to provide cable service to its 16.00^ nomes," the com- mission said. "Its fir;; solicia- tion netted no viable responses. Its second, modi- fied (request for proposall yielded three submissions... . t Only one set of prposals was t found to be 'legitimate' by the e independent consultant hired s by the city to make a rec- ommendation ...that provided d by Apollo." In fact, said the FCC . - Apollo offered the city of C:er- e rilos three proposals, two of which the city rejected• before t nrcepting the cable television venture between Apollo and General Telephone. e The financial arrangements a in that joint venture drew fire - from N(71'A In rel. Rtvd n arvienents to the mmmiaaMm, ed NCTA chargthat the - financial agreement between General Telephone and Apollo t vinlatee FCC rules.reeThat `" agtAertt provides that Gen- e oral Tek,pme advance i7500)0 to Apollo's parent, n- T. L. Robak Inc., the subcon- n tractor that will design and of build the broadband facility. d "General (Telephone) offers c- no reason to believe that the m- S7 50,000 could not be obtained Ls from some source other than General ITclephone) — for ex - he ample from a Irrding institu- e- tion," NCTA said. ed e While the FCC made no specific comments on this finnnrinl arrnngment in its final opinion and order, it did rerlidre that General 'Tele- phone follow certain FCC nc- eounting rules to Ituard nLainst crow -subsidization between General Telephone and its cus- tomers. Apollo and GTE' Ser- vice Corp. "No costs associated with the construction, operation or use of the Cerritos cable sys- tem shall appear in any Gen- eral GTE service rate hose or as a regulated expense without prior authority from the com- mission,"the FCC's order stated. The FCC also directed Gen- eral Telephone and GTE, Ser- vice Corp to submit annurt) progress reports to the agency. General Telephone will need to detail conortirlion progress as well as total operational hours of the C.erritoi system and the amount of bandwidth rm- ployed by all users. GTE: Ser- vice Corp will have to detail ell tests and experiments cun- dueled, purposes of those tests and conclusions of the tests. GTE. Service Corp. also is re- quired to make publicly avail- able texts cf any discussions concerning the use of the facili- ties. Parent GTE Corp. t !raided the FCC's acti.)n. It said con- struction will soon begin on the roa•.;a) network. The com- ne-: % said the system will be user for the largest and most advanced test of voice, video and data services in the United States. "We are very pleased the FCC has approved GTE Cali- fornia's application to operate a broadband network in Cer- ritos.... We look forward to the opportunity to test a wide range of telecommunications services to.benefit consumers," said James Broadhead, a senior vice president at GTE Corp. and its president of tele- phone operations O Multichannel News — Apil 11. 1988 Section I ?r Acquire Van.dv� gable Inc . CIIICAGO -- Triax Comtrtu- nicationR Corp. hem reached no agreement to acquire Van- tage Cable Inc., said James DeSorrento, Triax chairman. 'Perms weren't disclosed Vantage Rrrves Rome 24,000 subscribers in lows and Minnesota, Mr. DeSorrento said, fitting in well with Triax's other Midwestern properties. Vantage was rep- rewnled in the deal by Bruce Dickin•tm. Daniels A AR- Rocistea Ini-, vice president, financial Rervicee. Triax has also recently agreed to acquire 50,000=sub- scriber Dowden Communicn- titpta Inc. and is expected to move to Denver this summer lace Multichannel Neu..i, March 7, page 11. F1 vowaeri seeKs approvai -to sen came system by Christopher Burns Dowden Cable Systems wants to sell its cable operation to Triax Midwest Ansc%ciates of Il- linois. The sale must be approv- ed by communities the company serves. Triax signed an agreement in February to purchase all of Dowden's cable systems in five states, including Minnesota, for $91.5 million. The proposed sale is now being reviewed by six west suburban cities and the Lake Minnetonka Cable Com- mission — a consortium of 14 DOWDEN: From Page 1A the Legislature established a regional public -access channel and required cable operators in the seven -county metro area to make the program available to its subscribers. The Twin Cities Regional Cable Channel (TCRCC) began broadcasting Regional 6 in Oc- tober of last year. Twenty-one institutions provide programm- ing for the channel. Live telecasts of the Minnesota Senate, hearings on light -rail transit, and programs from the University of Minnesota and the Metropolitan Council are some of the things Channel 6 offers. TCRCC sends Regional 6 out on a microwave signal from the Pillsbury Center; but Dowden cannot receive the signal, Smith said, because the Northwest Center blocks it from Dowden's Mound and Long Lake towers. Smith said Dowden is in favor of Regional 6 programming, but the company has no economical- ly feasible way of receiving it. She maintains it was irresponsi- ble for TCRCC to transmit the channel the way it does. She noted there are other cable systems in Washington and Scott counties that can't pick up Channel 6 because the range of microwave signals is only 25 miles. Smith said she is concerned that the Regional 6 issue could be used to block the sale of Dowden. The franchise agreements Dowden has with each community call for the company to provide (;hannel 6. Mary Smith communities with a single fran- chise agreement with Dowden. Smith said Regional 6 and the Dowden sale are two separate issues. She said it would be un- fair for local communities to declare Dowden in non- compliance, because she believes Dowden has done a good job and it is not the cable company's fault it can't receive Regional 6. "We get along very weL with our communities, We've delivered everything. I think we've been a good cable opera - lion," Smith said. Smith said Dowden has looked into running tapes of Regional 6 but it could not work out an agreement with TCRCC. Unless TCRCC changes its distribution system, Dowden would have to find another, more costly, way to pickup the programming, she said. "If I have to go out and spend several hundreds of thousands of dollars for Regional 6 it doesn't make sense," she said. Dispute could Impact sale Gary Moore is executive director of Northwest Cornmuni- ty Television, the company TCRec contracts with to broad- cast Regional 6. Moore said the burden for getting Region 6 pro- gramming falls on the cable company and not Regional 6. "It is the cable company's respon- sibility to figure out how to inter- connect," he said. Moore said there are no plans to change how Regional 6 is broadcast. Mary Smith, regional manager for Dowden, said the sale will mean little change in service. "Triax Midwest is merely taking on the respon- sibilities Dowden has and agrees to do everything," she said. Smith said there would be no change in funding of publir.- access programming. "The whole idea is to keep up the level of performance. We have com- mitments to honor and we take that seriously." Triax might consider adding a new channel to its basic Smith said she was upset by the potential of having Dowden declared in non-compliance as a result of Regional 6. "In our history, we have never been cited for noncompliance; to me that would be a black mark on our record," she said. Both the Lake Minnetonka Cable Commission and Mound said Regional 6 is relevant in deciding whether or not to ap- prove the sale. The Cable Com- mission — which represents Ex- celsior, Shorewood, Greenwood, Tonka Bay, Minnetrista, Orono, Deephaven, Long Lake, Woodland. Minnetonka Beach, St. Bonifacius, Medina and Spr- ing Park — has passed a resolu- tion expressing concern over failure to resolve the Regional 6 issue. The Lake Minnetonka Cable Commission resolution states .. failure to propose an ac- ceptable resolution to the Regional Channel 6 issue will seriously impact the commis- sion's ability to adequately con- sider the proposed transfer of ownership." After holding a public hearing package, something like the "Discovery Channel," Smith reported. Dowden raised its rates six months ago, and Smith said Triax has said it does not envision "... an immediate rate increase — that's not to say over time there won't be one." Regional Channel 6 One issue that has emerged in the Dowden sale involves Regional Channel 6. In the i7ft, DOWDEN: To Page 11A on the Dowden sale, the Mound City Council directed City Manager Ed Schuleke to draft a letter of concern to Dowden along the same lines of the Lake Minnetonka Cable Commission resolution. The Council will again discuss the Dowden sale at its April 36 meeting. The Chanhassen City Council gave conceptual approval to sale of Dowden at its meeting April 11 and will not hold a public hearing on the transfer. Final approval for modifying the franchise to allow the transfer awaits a review by Chanhassen's city attorney. The Wayzata City Council will hold a public hearing on the Dowden sale at its meeting May 3. Representatives from the Cable Commission were scheduled to meet with Dowden officials April 22 to discuss the Channel 6 issue. The full board could vote on the sale agree- ment at its meeting May 3. Excelsior Mayor Jim Olds, a member of the Cable Commis- sion, said Dowden and the com- mission are in a"non-combative situation." Olds said the com- mission does consider the Chan- nel 6 issue important but has not decided yet whether to declare the company in non-compliance. Apart from Regional 6, Olds said Dowden has no black marks against it. "I think the general attitude of Cable Com- mission representatives is, we have been generally satisfied with Dowden's performance," he said. i00014AAT ROAD BARRINGTON. !LLINOIS 60010 312,382 6801 T E L E COPIE A 3121382 6163 April 29, 1988 Mr. Thomas D. Creighton Legal Counsel to Lake Mirr etonka Cable Commission and the Cities of Mound, Wacon.ia and Belle Plaine, Minnesota c/o O'Connor & Hannon 3800 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Ms. Holly Hansen Cable Administrator Lake Minnetonka Cable cmuu nications oo mission 443 Oak Street Excelsior, Minnesota 55331 Dear Mr. Creighton and Ms. Hansen: T R I rZ- aX COMMUNICATIONS CORPORATION This is to confirm the details of the agreement in principle reached at our meeting of April 22, 1988. If you have any questions, do not hesitate to contact us. Otherwise, we would ask that the Lake Minnetonka Cable communications Commission approve this agreement by resolution at its meeting on May 10, 1988, and that the Cities approve it at their respective meetings to consider the approval of the proposed transfer. At the outset of our meeting, Mr. Sheehy outlined for informational purposes the formal legal position of the cable operators, including Dowden and Triax, concerning the obligations for the operation of the interconnection and the Regional Channel. Mr. Sheehy will be summarizing this information for you under separate cover. Since our meeting on April 22, 1988, we have refined the specifics of the proposed hardwire interconnect from Brooklyn Park to the Mound Headend to provide i ion and Regional Channel 6 (hereinafter "Hardwire Link") as set forth in "Option #1" presented at the meeting. As you can see, the Hardwire Link provides interconnection and the Regional Channel 6 for all the c mmmities which you collectively represent, except Belle Plaine. It is my understanding that the City of Belle Plaine is not requesting interconnection and the Regional Charnel. 6 signal at this time and, further, acknowledges the technical and economic difficulties in providing them. 'Thames D. Creighton, Esq. Ms. Holly Hansen April 29, 1988 Page ZWiD The Hardwire Link proposal is expected to provide a signal and signal quality within FUC and franchise standards. As we've indicated and as you are aware from curmersations with representatives in other communities, there is a region -wide concern regarding the quality of the Regional Channel 6 signal quality. We will provide the best signal quality available given the signal provided and the performance characteristics as set forth in the proposal. In oorsideration for the implementation of this proposal, it is our understanding that the entities you individually and collectively represent agree to aeoept the Hardwire Link in Pull and complete satisfaction for all State and franchise req irements pertaining to interconnection and to the Regional Channel. Rzther, it is my understarkling that the costs of implementing and maintaining the Hardwire Link fully discharge any and all financial and other obligations under the proposals submitted to the Lake Minnetonka Cable Ominission and individual cities represented by Mr. Creighton. Finally, this is to ocnfirm that acceptance of this proposal by your clients discharges any and all claims, known and unknown, relating to the intexoorim3ation and Regional Channel against Dowden and Triax, except for claims which may arise out of the implementation and maintenance of the enclosed proposal. I trust that you will appreciate the need for such formalities. Claims of nonocmplianxae at this critical time in this substantial transaction could have dire consequences for all parties. We are grateful that we have been able to reach agreement so as to put this issue behind :Ul parties. Again, thank you for your time and attention to this matter. r . Vaughn r of operations JC17/fin W: {l/Matt' Smith, Dcwden Kent Sharp, Dowden Nancy Wood, Dowden Lee E. Sheehy. Esq. w GRAY, PLANT, \100TY. MOOTY v BENNETT, P. A. LAW OFFICES ••wolo o c••.• ww.-.w•n 3.100 CITY CENTER t,etrt . o•l. 11I1R fY TFIRF.F. SOUTH SIMH vrREET tacr . N..aor •r(s . •oeruo r..D . roo.a ,. ,. A t.•w � , ou , JOr N,r r91,• .:t .•Veto MINNESCITA 51402 woat., [ w•wD•NO a.(OOw. • r[wt r e..•... •oot. - ... ..a a.or MI\\EAPOLIS. a.Yw...C," . D..: ..1.11. lwt/I.f IO rta' - l.wt� rOw•Or .l .'. .li+ r.l♦1I worl ww,.N (. at..C. .Yf.[11 •• at.-C., ._.. ..ert• m♦ PELEPHO�IE 812•34J-2800 r.wON l fw.Nl r•cc I .rVs.so. =1= C. N.Or • fG-.OtOtw ..tl. N r[w. if -t NN[f» • tlC.L wt .. OIC..N.ON ec...o . c•Il•..r..w �•or•s D•n.ra 7F.LECO%ER 812•3JJ-0088 (n. t s•..t soN w.q.ca . •w.a.�N •r[a • f.rOr(ON JO.N r Nlc.Ol( �t •G glO - 5`V -2778 ■.0 r.wD a .w.».N 1•Vw. J fC»O[NUYtw w.C.•w0 N II.Nf •..w•r• • +.N O[ +[.. `u� •[NMt r ..(.L vwle w.t . w•60N(• c Vwt.a D "me.YNO . at'. o.00. •rC• . OV.ItI[w.Yr r.ca.+ •. ..D[ o. �D N reor• w.ay.r J nl»sw l •vcc O ewVal•N0 _ ••D ...0 •[•• C.rO• r ..t.lt ...(... •.... ....... C 6,11". •.1a0. .�..•..r O .lt.w .•wO.N.. lt..a[wl /w•N.al. C Jtll[.Jw JGwN t CwpVC» f�f.r a fte•1 OCO•at • w000 6. 6 t sc:zt1l JeMN l ..trN •..w. rJtll[ OlacN .. [Ow.C C... tr•t• r»( C a•.N1[• Jerv:c, O l.t. V NOIt. • •..rf eN O.v ID r CO.N( 1. wN l NOl•NO O. aOYr.tl wtsr»tr w. [.ot .clew t tc.s•wor woltw/ 1 .c.HND •la[.• .-omt.l.J• Jar D O.YOIct(w1.J• N•OIN[ C r•r0[l O.N.i1 O Y[rtwL l..w. N atI • Ilt• .•f»1(eN a t.11OfbM N•Net aat•r•r r&Nc[I •coca- / alc,: D•N.tl w frV _ M.C..tl C •10r OV(NIIN • ­ ..00. J.10.1" O3ND19 a1NDOY.af r.C..t. w CYNNIra... O•r.0 c a.»1f ftwl Clltr or, .f Or well. 6 s..[w DIRECT DIAL 343-2834 April 21, 1988 Chief Melvin Kilbo Orono Chief of Police P.O. Box 1285 Crystal Bay, Minnesota 55323 Dear Chief Kilbo: As you may recall I had the chance to ride with Officer Mark Moran on his shift from 3 to 11 last Saturday afternoon. accompanied him from 3 until about 8. While the shift was apparently not as active as some are, the City and its officers were still dealing with the later effects of the fishing contests and the grand opening of Sullivan's service station in Navarre. Matters ran from guarding and transporting cash from the Orono Golf Course to a problem the Black Hawk dinner train was experiencing with young people trying to jump on the moving train, and from a domestic violence call to various automobile violations, and getting an ambulance for a little girl with a broken arm. Officer Moran was very pleasant to be with and was courteous and informative about his duties, and about the actions he was taking and why. He was clearly observant and alert to his surroundings and to activities going on, on the roads or in the neighborhoods we were in. He kept moving continuously between incidents and maintained contact with other patrols to see he was not overlapping their areas. He issued a number of citations for traffic and for vehicular violations such as improper plates, or lack of insurance. Ha was clearly justified in each case, and only one person even attempted to argue with him. But he was in each case friendly, courteous, Chief Melvin Kilbo April '1, 1988 Page 2 and specific about the violations. He did not seek to exaggerate the violations or give citations merely -for the sake of giving them. I thought he used great common sense in his activities and that they would :,ct as a deterrent to those stopped rather than a source of irritation. It was clear that he knew and took pride in what he was doing. He followed specific F ocedures in handling the violators, which I judge were the ones called for by your manuals, and designed to mini!ize risks to the officers or the public, as well as to be sur,-, those who were stopped could not run away. In the two cases where he called for a back up, he had obvious reasons for his actions. Though neither proved serio,is in the end, either could have. And any caution was well justified. If trouble had occurred, a single officer could have been in severe difficulties. Finally, it seeme. to me that Officer Moran had developed and was attempting to develop a further knowledge of the City and the potential areas of difficulty or the individuals who might for one reason or another be habitual sources of unrest. I was also impressed at how the dispatcher and the cars on patrol and the reserves on duty (of whom there were quite a few) worked together to see that the entire City and the particular incidents and traffic control problems were covered constantly to the fullest extent possible with the equipment and personnel available. Officer Moran 1 department. He did and pleasant for me. arranging the trip. EJC:ct 3940y .ved up to the reputation of your an excellent job. He made it informative And I want to thank him and you for Very truly o rs, r � Edward J Callahan, J . CITY of ORONO Post Office Box 66 • Crystal Bey, Minnesota 5=1 • Municipal Offices On the North Shore of Lake Minnetonka May 3, 1988 Mrs. F. E. 4415 North Mound, MN Setterlund Shore Drive 55364 Dear Mrs. Setterlund, As a follow-up to our telephone conversation today, please call: Bev Abbott Out Reach Worker Westonka Senior Center 472-6499 She should be able to assist you on information regarding the "R.?verse Mortgage" program. If you are interested you may then want to discuss it with your daughters. You may also want to discuss the tree and brush removal with Bev as they may be able to contact people who may be of assistance. If you are unable to reach Bev please call: Cathy Bailey Westonka Senior Center 472-1600 extension 247 As discussed, I did call Rolf Erickson of the Assessor's office to set up an appointment with you. It will probably be next week before they can come visit you. If you have any questions please feel free to contact me. �pincerely, Ma k Ber rd-on City Administrator cc: Mayor and Council Bev Abbott, Westonka Senior Center Rolf Erickson, City Assessor BUILDING& ZONING - 473.7337 • ADMINISTRATION & FINANCE - 473.7358 • PUBLIC WORKS - 473.7359 ASSESSING CITY of ORONO Post Office Box 66aCrystal Bay, Minnesota S53T.3•Municipal Offices On the North Shore of Lake Minnetonka May 3, 1988 Mayor Tom Anderscn City of Medina 2652 County Road 24 Hamel, MN 55340 Re: County Road 116 - Resolution Request Dear Mayor Anderson, As you are aware the City of Orono at its April 25, 1988, Council meeting, on a 4 to 1 vote, decided not to support the resolution that the City of Medina had requested regarding County Road 116. Last summer the Council indicated to staff that should staff feel that County 116 is in the best interest of Orono it would again be considered by the Council. This remains unchanged. It was also clear from the discussion that the City of Orono desires to stay in a very positive working relationsh-p with the City of Medina on this and other issues and that future discussion of the issue by the two cities is not precluded. On behalf of the Mayor and City Council, I would also like to extend our appreciation for the attendance by you and members of your staff at that meeting. Sincerely, C94 wa t� Mark Ber dson City Administrator cc: Mayor and City Council Donna Roehl, Clerk Treasurer JoEllen Hurr, Zoning Administrator BUILDING & ZONING - 473.7357 • ADSHNISTRATION & FINANCE - 473.7358 • PL'HLI(' WORKS - 473.7359 ASSESSING Emers end Assoc�eInc. LEADERS IN PUBLIC FINANCE A BIMONTHLY PUBLICATION OE( ICES IN MINNEAPOLIS AND WAUKESHA • 501 Maiquelle Av,nue • Minneapolis. MN 55402 1255 • 612 339 8291 VOLUME 33, NUMBER I F ILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members May, 1988 Interest rates continue very erratic, moving within a fairly wide trading range, with tax exempts underperforming the U.S. Government bond yields. In fact, the BBI (20-bond, 20-year bonds) tax exempt yields are over 90% of those on taxables. There are two "whys": 1) gross uncertainties about the exemption from federal taxes; and, 2) an oversupply of tax exempts. Otherwise, municipalities could borrow for 5% versus 8%, saving over $400,000 on a $1 million, 20-year issue. REVOLVING LOAN FUNDS Cities and counties are keenly aware of cuts in federal and state economic development programs. For that reason, communities committed to economic development are working with Ehlers Capital and Development to establish and finance development programs. Revolving loan funds (RLF's) are considered by many to be the ecos;;,mic development tool of today, and many communities have them -- or want them. With the growing use of RLFs comes a need to ensure C that such funds are used effectively and efficiently with a complete understanding of their complexities. It is vital to establish well -formulated goals and strategies and engage a range of skills ne:.essary to complete a successful program. Guidance is now available to identify capital market gaps, design and manage effective RLF strategies, blending elements of financial institutions and public development programs into a comprehensive economic development. Ehlers Capital and Development and Ehlers and Associates (The Ehlers Companies) can help your community make informed, sound development decisions, in identifying various funding sources and reviewing their requirements and restrictions. To effectively compete for economic development with RLFs and other developmental tools, call Mike Grossman or your Account Executive at (612) 339-8291. Outside Minnesota, call (800) 328-4367. INTERESTING INTEREST Several interest rates are being quoted which borrowers should know to make sound financial decisions. Net Interest Cost (NIC) has been the standard for computing and comparing the interest costs on bond issues. li the issuer constrains discounts and the pattern of interest rates, prohibiting or limiting higher rates on later maturing bonO3, NIC works very well. It simply computes interest on the various principal amounts to maturity, adds any (limited) discount and subtracts any premuim bid. Some advocate using True Interest Cost (TIC), which measures the value of time when interest is paid, recognizing that a dollar paid early is worth more (more expensive) than one paid later. Using TIC is said to prevent bidders from compressing interest cost into the early years. But the same protection can be had using NIC, limiting interest rates on later maturing bonds and discounts. Calculation of T IC requires a specialized computer program. UTIC: An Untrue True Interest Cost (UTIC) [our term], limiting investment iy gilds in advance refunding issues, does not include issuance or discount expenses. Applied to future savings. this lower UTIC produces a greater "present value saving" which some advisors use, without subtracting issuance and discount expenses, to prove refunding savings. In judging advance refunding proposals the issuer needs to know whether a TIC or UTIC is being used. In a refunding for which we were competing we found that the "saving" used was before deducting front end issuance or discount expense. When these costs were subtracted the quoted savings became marginal. "IMPLICIT" INTEREST RATE: Leasing is a way to acquire equipment and buildings. But advisors and lessors quote an "implicit" interest rate which is net after deducting investment income. When we do a lease financing we figure a net interest rate (N1C) in the same way as with a bond issue which adds coupon interest on each serial installment and any bond discount or subtracts -ny premium. But "implicit" interest rates are sometimes quoted as if they are interchangeable with NIC. Not knowing the difference can lead to expensive mistakes. Interest is inter eitirg and the issuer/borrower/leasee needs to be interested if he is to protect his interests. Interestingly yours, jHL N ASSOC7T, rt L. Ehlers We'll see you at the following events: WISCONSIN ASSOCIATION OF SCHOOL DISTRICT ADMINISTRATORS -- May 2 and 3 in Oconomowoc MINNESOTA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS (MASBO) -- May 4-6 at Arrowwood. MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION -- May 4-6 in Holland, Mi. MINNESOTA CITY COUNTY MANAGERS ASSOCIATION -- May 11-13 at Cragun's. NAHRO -- May 18-20 at Breezy ',oi, MINNESOTA LEAGUE OF CITIES -- June 7-10 at Radisson St. Paul. MINNESOTA MUNICIPAL UTILITIES ASSOCIATION (MMUA) -- June 19-22 at Arrowwood. WIS. CLERKS AND TREASURERS & FINANCE OFFICERS -- June 22-24 in Superior. 0692a 0 SUMMARY OF AREA BOND SALES Bad Bad wt WyK AWL Moyer mmnicipal ity Qate floe of Bonds Amount ReWrity Rate Inde. Pet ime Fimicldelitr 2m lot of bids Mint ly�ily 14te In*- 4jjm Iw Sauk Rpidt 02/0&/M G.O. Improvement Nods 0654 1990-19" 6 tot I'M A Sauk Rapids 02/0B/M 60. lbstawter Treatment bads MM IW9-i00B 6 90% 1. aft A Oaaian 02/01/98 Go lads 130R 1989-1991 6.63% 1.51s tee 1 S 0. N51 (Fairecnt) 02/09/80 '0Tax Anticipation tarts. I.W 1989 5.096 / a99 w tnrth Fayette 02/09/M Capital Loan Notes 600" 1919-1998 6.2R 1.491, 1R1 I S.a AM (Wayzata) 02AR M G 0. tax Anticipation Carts. 2, S25R 1989 5. 12% 1 an K1 Carter Lake 02/16/M C.O. bonds IOOR 1969-1991 6.62% I.406 0 1.S 0. 62/1 (Bloomington) 021" G-0 tax Anlicipa a Carts. a,9SOR 1989 a.91% 1 "t R1G-I W.erly-Sliatl Rock,02/16/M Capital loan NotesI,000R 1989-1995 6.16% 1 40s 16a1 I.S.O. •1A (Eft Ri.er) 02l09/M G 0. la■ Mticia on Cents. 2,0001 1989 S. let 1. a9t tee can S/D S.S D of (Minneapolis) 02/O9/M G.O. Tema Anticipation Cant 31. DOOR 1989 a.9at V4091, RIG-2 rat Branch 02/16/M G.0 lapro emenl Bads SM 1WO-19W 6.35% i.AN i 1.S.0 RIIB 02/11/M G.O. Ise Anticipation Corti am Ia89 S 35% / 496 nR State Board of Argents 02/I1/88 parking System Re.w.nr gads 9,20014 19B9-1002 6.096 I.40s AAM. (fir-Lanpille) Orange City 02/11/08 G.O. Lpro•mnt lam 34M IWO-2003 6.65% 1. a0► A I.S.D. a831 (Stillrter) 02/11/88 G 0 Tema Anticipation Carts. 3,WA Ite9 5 OIL 1 44 p DrArw City 0211 I/M Street IV. Sp. wslassawts Bonds 550 INEI-1991 1.006 I.4M A I.S.D. !3 (Forest take) 02/16/B1 G.O. Tu Anticipation tern 2.640 1989 5.on / adl kA She.urdoan 02/23/0 G 0. Silver Or.ww Bads SOON 1t19-Ml 6.9R ).SSs M Pap1e lake 02/16/M G.0 Grant Anticipation Bonds NOR 19W 5 an I an bon Waco Community S/0 03/02/0 G.O. School ponds 2,00Sm It19- ow 6.Ks 1, SA ARK I.S.D. 831 (Bemidji) 02/IL/M 4-0. lax Anticipation Carts 2,300R leas S 16% 1 406 on Fairfa. 03/03/0 G 0. Copora.a Purpose lads 30p1 1989-1998 6.36s I. S2s IN I.S.O. 8161 (Dastaw) 02/;GM G.O. Tax Anticipation Carts 2,00M 19" 5 19% 1 ADS. OR Dainel lemon 03/01/119 G.0 LWO.Emt Bonds 26SO Ign-2003 S.91s I aR 0 ftmilte 02111/0 G.O L roe~t Bonds a,som 1989-2003 6. S6s I. 406 Aa1 t ohr.i lla 03/tam G 0. Corporate purpose Bonds I45f1 1919-1991 6. IBs 1.61s MR Nil Favor 0211110 G.0 As us Waste Treatment I.?UM 1990-20M 6 99s 1 401, A rat Ors Moines Gem S/D O3/16/M G.O. School Nods 4,50011 1989-2000 6.36% 1.01, Aa Plant lads Mrion 03/11/M G.O. corporate Purpose 94M 1989-1991 6.11s 1.6M AI Duluth 021 IBM G.O. Iax Anticipation Carts 1,0001 1988 S Ohs I AOt tee W.Aon 03/21/0 Serer fkyww Bads 635A 1089-2003 /.9M 1.15% Iw Donlan Area loospiul 021221M G.O. HIMiul Refunding Bonds 22SP 19/9-1991 6 34% 1 SSt W Garner 03/22/11 G.0 bandit 9201 1989-2000 6 SA /. 15% Iw District &a- 03/22/80 So Assno w t Street lap amid a IMP IUSi-1991 6.641. 1. MS 1111 St. Paul 02/22/0 G.O. Bonds 11. MIN 1919-1918 6 16% 1 SS1 Aa/M. Garner 03/22/0 Sp. Assessment Sidewalk Imp Bonds 3111 1911111.1991 7.93% 1. 151 M St Paul 02122/0 G.O. Street Special lxyro.ement Spec 2, TOM IM-2009 6 85% 1.%s Ad/AA. State of for 03/23/06 Academic Building Re.atrie Bonds 8,200R 1992-2013 ?.flat 1. 15t A Assessment bads ipiitain 03/2B/M G.0 Seta iPpnweeent aaidt 1001 %US-19M 6.61% 1.896 1w Rmikato 02122/M G.O. Ipouwmint bonds a,SOOR 1990-19" 6 15% 1 55s Al Ramat* OVUM Iaaable lax Incrwnt Bads 3501 1990-2002 8 91% 1 SSs Al I.S 0. 0629 (Waseca) 02/2S/M G.O. If. Anticipation Carts 1, 35011 1989 S IA I SSs 0 minneanu 1.S 0. a299 (Caledonia) .lt/29/M G.O. Tema Anticipation Carts. SON 1119 S la! 1.SM W Ionia My OV01/M G.O. L IO.ement bons MM 1991-M 6.68% I.Sn A I S D ISM (St. Peter) 02/01/8j G.O. lam Anticipation Celts 1,0401 19" S.21s 1.51% M I.S 0 6191 (burns.ille) 03.131M G.O. School Building bands 1, 125A 1990-i003 6.601, 1.SM A I S D MM 02102/0 G.0 Boma Anticipation Carts also 19" S.221, 1.51% OR I.S.D. 0"3 (taSiterr) 03/0'/M G.O. Tema Anticipation Carts IIOR 19" S.I n fats M (Breckenridge) I.S.D. 1201 (Claremont) 03101IM G.O. To Anticipation Cats 215R 19" S.SOL 1 aet IV S S.D e6 (Sc Ss Paul) 02/03/0 G.O. tat Anticipation Carts 3.640 19M S.22s I.SIS lee Sibley County 03/09/0 G.0 Drainpe Ditch lads ISSM 1991-2008 6.696 1 am A 1 S D 8212 02/Oa/99 G.O. School Building lads IS,B6SR 1993-.2002 6.6116 I.Sis A Suu of Minnesota 03/I79/M Refunding Full Faith IM,2%N 1996-2001 6.946 1. all IWM. (Eden Prairie) B Credit gads I S D 039 (Rush City) 021" G.O. School Wilding Bonds am 1991-2006 6,m 1.SM W Settle lake 0310$ M G 0. sow r Awl~ Bows 41511 1990-2002 6 GA I.an M Taylors Falls 021" G.O. Gant Anticipation Bads SWR 1910 S.39s 1.411111 M Genlar.ille 03109/M G.O. Improvement Bads 3/01 19 0-1997 6. 396 1.a7L OR 1 5.0. a162 twincria) 02/Od" G.O. fat Anticipation carts. 2,16SR 19M S. in 1.491 M Grew Rapids 03MO/M r 0 Iaa Increment Nods 3,915R 1992-2008 1.091, I. aft Baal I.S.D. aS64 02/09/M G 0. Tema Anticipation CrrtS. 1,3001 19M S.29s 1,196 M I D. a 353 twisted) 03/14/M G.O. Refuwing Bads 1.6101 1990-2000 6./06 1.61% 1w (16id Ri.ar falls) St Cloud 03/14/M G 0. Fire Hall Bads 2,H5e1 1990-4M /.Ohs 1.611 Al I S O a129 (14nte.idm0) 02/09 M G.O. Tam Anticipation tarts. 10011 19M 5.29s 1./96 ON ReOiow Falls O:Vfsm G.O. Pefirdi.B mew Re.. Bonds I,4450 199S-2001 1 Its 1.61s A 1 5 D. all 0MMS C.O. Tema Anticipation Cans 5,0001 IM9 5.091. 7.19s lee I.S.D. 6140 03/11/0 G.O. lax Anticipation Carts 26p1 1989 S Iss TAM em (ACka-Flfnrp iN (taylors Falls) bomd at Anger l4lltloalltr k1f Type of /alit Mount p4twity &M LF*3 & IN 1.S 0 am 03.111/0 G-0. Smoot Wilding borne HOD 1990-2006 6.96 1.611 M (Taylors Faits) Granite falls 03/21/n G.0 .Yter pereale aondc MR 1991.2003 1.021L 1. MS A I.S.D #716 03/217M G.O. I" Anticipation Cwts GM is" S.296 1 1SS to (Mlle Plaine) Maple Grew 03/21/m T"aole G.0 Tu Incrampit Rrds I, "M 19t2-M 9.13% 1.ISS At H.ple Gror! 03/21/n GO Impro■ame..t Gores 6,35M 1901-2005 61M 1 15S Al I.S 0 me (W. Ulm) O3/13/00 G.O. la. Anticipation Carts. 1,S3011 1909 5.12% 1 Kt MR Argk. 03rMM G.O. Equipment Carts. of Indebt 61OD 1909-IM S.61& I.M A IYSMW+r 03/2B/l0 G.O. Gant Anticipation Gans 15M 19" S.S66 I M Il-eapolis 03/29/M ta.aole G 0. 0a0ereIaPwt gods 13, Goan 190-2011 9.41% 1 OR )W sa.k center 03MM G.O. NOW 6 Yurtl-9 Ilan per. Bonds 1,60011 19t1-2000 1. 325 I On Sea Wlstbns1 lawkeshe 02. ISM G.O. Promissory motes 2.900m 1990-1992 S 391 1. 6T. A. Seymour 02/1210 G 0 corporate Purpose Bonds 960n 1%9-2000 6.636 1 i51 0 Oaleska 02/22/00 G.O. School lauds 3,/SOH 1990-2007 1.031 1 SSS A t4..Msha Co. VTAE 021231M G.O. Promissory motes 6,600H IM-19L1 5. 03S 1.55% A. Saukville 02/26/1)8 Saswrege Systaw nort" per Gads 2,IM 19W-2001 6.$51 7. SSS 4VK Altoona 02/2S/Ol Sererege System Mbrtgaga Mom. blues 3.XOR 1990-2012 1.395 1.SSS UP Greenfield 03/01/0 G.O. Promissory Hotel 6,61S11 tWO-1990 6 26% 1 SA A Green Say 03/01/08 G.O. Corporate Purpose lords 6.225m 1992-2000 1.03% .' SM Ad Green Bay 03/01/M l.aaole G.O. lords 1.320H 199111 0M 9.OM I Sn A. Monroe 03/01/86 G.O. Promissory lot" 125A 1990-199M 6.095 7 53 A Wisconsin (madis0n) 03/02/0 War io.n Nwpose pot" 2I.Own 19" 6.92% 1.S2S RIG/Sri. Dow County (Hedison) 03/03/0 C 0. Promissory Rotes 2.90M IIIN-199I 5. 195 I SM Am Hairston S/D 03/01/w G.O. Promissory Rotas 1.85011 1909-1"? 6.3R 1.615 A.; W Onolask. 03/0B/0 C.O. corporate Purpose lords 1, 165A 1989-200g I.an 14?% 6. Onalaska WORM C.O. Wfundsng bonds 50M 1909-1990 CGS% 7 61% 6" burst Allis 03/I5/00 G.O. Promissory motes 3,290H /get-19W 6.261 7 61S AI kuukesn. cowry 03/I5/B9 C.O. Promissory motes 4,900111 1988-19t6 5.96% 1.6R A.1 tegonsa Sanitary Oist 03/16/86 G.O. Promissory Emotes 1.3SOH 1993-1990 1.IIS 1 6)S M (Stoughton) Hi ln.ukae cow.ty 03/11/0 G 0, Gxporate Pumm. lads 29.2001 11IM-2003 A.n36 1.61% Aa/AA- ihiensrilla 02/21/0 G.O Bans S,ZW 1990.200E 1.29% 1 IS% A Shot* take WIAE 03/21/% G.O. Promissory mot" WSH 1990- 997 6 206 1.1% A Prairie du Sac 03/21/0 Electric System lbrt" mi, lark banal I909-2t`Og I,M 1. 15% 0l ()lair 03/23/M Water Mewe bonds 66014 '909- OiD 6.07% I. IS% MI Orr 03/29/0 snipe System Mort par of Gans 1, 13SH 1989 toot 1 an I w HPrth Dakota P.S.O. e19 (Drayton) 02109M G.0 School luildlng Bonds Sismarck 03/15M GO Utility/Ors 44M 19M-2003 6 0% 1 on W 2, loan IW90 5.55% 1.615 IN 0 9 0 FOR IMMEDIATE RELEASE: V, JV Capacity Needs to be Expanded at Minneapolis - St. Paul International Airport, National Consultant Says For more information conta( t the Community Services Department Ken Reddick 291-6422 Friday, April 22, 1988 Unless something is done to expand the capacity at Minneapolis -St. Paul International Airport, which is at its limit, serious constraints on aircraft .rerations )uld occur by 1993• This E l,ment comes from a consultant to the Metropolitan Council Airport Adequacy Task Force, which is studying the adequacy o: the airport over the next three decades. The consultant, Richard Mudge, president of Apogee Research, Inc. of Bethesda, Md., said that plans to build at least one additional runway should be made immediately. Mudge said that two additional runways and extensive taxiways could be required at the airport to handle growth in commercial air traffic that's forecast over the next 20 years. The consultant said most of the growth in demand for airline operations over the next two decades could be met by ad.d.,,g a north -south runway parallel to Cedar Av. at the western edge of the airport and 'by adding a new parallel runway northeast of two existing parallel runways. "Continuing growth in demand for air travel over the next 30 years, however, will likely e:;ried even this maximum increase of airport capacity," Mudge said. "If the demand is not mrt, the region will have to accept a lower level of service." The projections assume that most of the small^, general - aviation aircraft including corporate jets will no longer be using the airport. -more- "The existing runways and taxiways offer only a five percent chance of meeting the expected demand in 20 years," he said. "Adding two new runways would provide a 97 percent probability of serving demand in 20 years. Even this option, however, offers only about a 50/50 chance of satisfying the region's air travel demand in 30 years." The new parallel runway would increase flights over south Minneapolis at one end and over Eagan and Mendota Heights at the other. The north -south runway would result in increased flights over Bloomington and Richfield. The new proposed runways would maximize the number of peak -hour operations the airport could handle. The number of peak hours would increase to 8 to 10 hours per day. The Federal Aviation Administration requires a separation of at least 4,300 feet between parallel runways so they can be used independently when weather conditions limit capacity. The airport's existing parallels are only 3,400 feet apart. The proposed expansion xc allow simultaneous, independent operations on three runways --the outside parallels anu the north -south runway. Construction of the new parallel to the northeast would require taking at least some of the land now occupied by the Air Force, National Guard and Fort Snelling State Park. Building a north -south runway has already been proposed by the Metropolitan Airpores Commission to meet projected demand. The runway would likely require removal of some neighborhoods just east of Cedar Av. The additional runways would allow the airport to handle 180 to 190 operations during peak hours. The airport currently handles about 90 peak -hour operations. The 180-to-190 peak -hour flights would also include some capacity gains from improvements in air-traffic control. The forecast is based on factors including population and employment growth in the Twin Cities Area and the nation, future ticket prices, growth in -more- airplane size and estimates of the number u: passengers expected to use the airport as a connection to other destinations. Airport grow': pains are being felt by metropolitan areas nationwide, Mudge said. "Most of the nation's major airports, built by the end of World War II, find their airfields physically constrained and surrounded by incompatible lani uses," he said. Denver and Austin, Tex., are two cities that are solv;ng the problem by building new airports. The 35-member Airport Adequacy Task Force is studying projected demand and capacity at the airport and other relevant factors in order to recommend whether the airport should be expanded or replaced by a new airport. The task force is using a risk -assessment approach in its analysis of the adequacy of the airport. The technique is designed to focus both on the desired level of service and on the impacts --economic and environmental --of not meeting demand. If all the demand for increased operations is not met, passengers can expect longer delays. Airlines could be expected to send their ^onnecting flights to other cities that have greater capacity, resulting in slower economic growth in the region. The task force will make its recommendations about the long-term adequacy of the airport to the Council in September. The Council is required to report on the issue to the legislature by the end of the year. The task force is made up of representatives from the airline industry, state and regional agencies, business, local governments and the general public. For a copy of the consultant's Progress Report on MSP Adequacy Study, write to the Metropolitan Council Data Center, 300 Metro Square Bldg., St. Paul, MN. 55101. The cost is $3. -30- MSF ULTIMAM A Minneapolis / St PoIlI Ir'- -)ational Airport I � 1 Fort Sneilin9 1 National Cemetery I �> 1 1 Interstate H". A49 f / 0,W 04 f s 19PRR4o X/M.v2' L OCP9Tia A/ �l/�peoX SC'.4LF: �i3Z� d — Proposed runway �� Existing runway 506.1 TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: May 5, 1988 SUBJ: County Road 15 - Progress Report Construction of County Road 15 is now in progress in Orono and the contractor is in the process of placing storm sewer and bypass lanes. There has been some confusion as to where some of Orono's utilities are in relation to the installation of storm sewer and curbs and gutter. However, these minor setbacks are being resolved and construction is progressing. One matter of concern that is rot resolved at this writing is that a sanitary sewer service line from the most westerly home in Orono is in the direct path of a storm sewer catch basin. This is the property that the home is almost entirely on County right- of-way. Hennepin County is attempting to resolve the issue. That section of sanitary sewer was constructed in 1971 and the home was connected to the sewer in 1976. "'1 Hennepin Conservation District 4 May, 1986 City of Orono Mr. Mark Bernhardson City Administrator Box 66 Orono, MN 55323 Dear Mr. Bernhardson, The Board of Hennepin County Commissioners has delegated planning authority for ground water protection to the Hennepin Conservation District. The county ground water plan, authorized under the Metropolitan Water Management Act, will affect the plans of all watershed management organizations in the county. We are seeking persons interests serving on an advisory committee. Announcements have red in many of the local newspapers in the county. The Act requires that seven r+embers must be representatives of local government, with one appointed from each county commissioner district. Would you please notify your mayor, council members, planning commission members, and appropriate staff of our search. Interested persons should contact our office. Thank you for your help. We hope to begin formal planning in the first part of June. Please contact me if you have any quee-ti( *= sincerely, �C GGCrL �� • f Patrick Kennedy %T District tanager - is L• 1� MAY - 7 Q88 j'I�l y 205 Ridge Plaza Bldg 12450 Wayzata Boulevard M,nnetonka, Minnesota 55343 Telephone 1612) 544-8572 .h. 4,. Proposed Subdivi sidn for e4.M 4n of sWi�ef Spencer Smith Estate NWiefJee.r-7� tg in the SW % of the NM % of Section 2-117-23 u Ee.1 Wa eFSW!{.f :•' Hennepin County, Minnesota NWA ef5•e ?-/i7-z; i /7, • / \1 L L'et y�Alltl wi6 Ylasl Lnt I ,' -- .FSW+r.fNW1►.fie.2 7 1.706�seres Mel _&I —428-3 EXISTING LEGAL DESCRIPTION Beginning at a point on the South line of the Northwest quarter of Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian, distant 516 feet East of the Southwest corner of the I or••^ \ rtra Southwest quarter of the Northwest quarter of said section; thence East along said South line to the Southeast corner of said Southwest quarter of the Northwest quarter; thence North along the East ,'� ••3 c 'a line of said Southwest quarter of the Northwest quarter a distance of 538.7 feet; thence West parallel �•,'`=... I < ' - ° with the South line of said Southwest quarter of the Northwest quarter a distance of 150.3 feet; thence deflecting right 40 degrees 44 minutes a distance of 216.4 feet; thence West and parallel with z i' said South line a distance of 495.3 feet; thence South to the point of beginning. ALSO all that part of the Southwest quarter of the Northwest quarter of Section 2, Township 117 North, 15•420 aero &&I rr. i o<.er /.•y n Range 23 Nest of the Sth Principal Meridian, described as follows: Beginning at a point on the East line of said Southwest quarter of the Northwest quarter which is 520.7 feet South of the Northeast corner h "'%� : / ;1I it I of said Southwest quarter of the Northwest quarter; thence South on said East line to a point which Is ' 538.7 feet North of the Southeast corner of said Southwest quarter of the Northwest quarter; thence Nest parallel with the South line of said Southwest quarter of the Northwest quarter a distance of ° 150.3 feet; thence deflecting to the right at an angle of 40 degrees 44 minutes a distance of 216.4 ° feet; thence West parallel with said South line a distance of 495.3 feet; thence North parallel to the West, line of said Southwest quarter of the Northwest quarter to a paint 400 feet South of the North ':1e of said Southwest quarter of the Northwest quarter; thence East and parallel to said North line I to a point 176.0 feet West of the East line of said Southwest quarter of the Northwest quarter; thence Southeasterly to the point of beginning. / ; y 1 I 4r J1�� / �S Y Heel iiee •ISWfii.f I 'k��,��V / Nw41 •f S�c.t-fin+) I „/ / y W f � w ° wlrF / y 5 uNr /ix a SW' fsF' I hereby certify that this survey was prepared by me or under my direct supervision, and that I am a i .PuW� ✓ .r7-+� f�+�• // y . I duly Licensed Land Surveyor under the laws of the State of Minnesota. _ ---�4` 776.05 COFFIN 8 GRONBERG, INC. eoz Mark S. Gronberg MN. Lic. No. 12755 Scale: 1 inch = 100 feet Gordon R. Coffin MN. LIc. No. 6064 Date 9-13-87,t-....r , •-r.<.,...., Engineers, Land Surveyors, Planners 0 Iron marker Long Lake, Minnesota