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HomeMy WebLinkAbout05-23-1988 - Agenda Packet City Council - regular meetingAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 23, 1988, 7:99 P.M. (*) Asterisk items are considered to be routirc items to be enacted upoii by one motion by the City Council under tt.. %-oiisent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* �ll¢Z M�� IiNG MAY 2 3 lgg:j 2. PUBLIC HEARING 7:99 P.M. - Street Lighting Improve V 1 oZ vo 3. HIGBVOOD STORM SEVER IMPROVEMENT - Continuation of 4/25/88 Public Hearing APPROVAL OF MINUTES * 4. Regular Meeting of May 9, 1988 LAKE MINNETONKA CONSERVATION DISTRICT REPORT - Jo Ellen Hurr Representative 5. A.) Executive Director Selection B.) Metro Council LMCD Review * C.) Resolution of Support PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 6. #1222 Jan Waye, 1885 Concordia Street - Conditional Use Permit - After the Fact Land Alterations 7. #1129 Todd Waters, 3061 Casco Point Road - Final Site Plan 8. #1262 Curtis Hagfors, 1412 Baldur Park Road - Request for Revisions to VarianceE approved on May 9, 1988 9. #1273 Rollin Lacy, 2655 North Share Dive - Conditional Use Permit - Variance 10. #1274 David J. Melson, 740 Willow Drive South - Variance - Resolution 11. #1277 Big Island Board of Governors - Conditional Use Permit 12. #1279 Northern Hydraulics, 2687 West Wayzata Boulevar:l - Appeals 13. Comprehensive Plan Amendment/Highway 12 ENGINEER'S REPORT 14. Feasibility - Casco Point Road MAYOR'S REPORT 15. Mayoral Presentation at Long Lake Council Meeting 16. Resignation from Council - William Sime - Resolutions a CITY ADMINISTRATOR'S REPORT 9 17. 353& Lyric Avenue 18. Building Board of Appeals 19. Crystal Bay Road - Road Repair 20. 1950 Shorel4ne Drive 21. Resolution o Support - Alternative Composting *22. Salary Adjustment - Robin Mikelson *23. Employment Part Time Clerical - Police Department *24. Salary Adjustment - Charles Schauss *25. Salary Adjustment - Rirk Denneson *26. Sale of Property - Pheasant Road *27. Ordinance Amendment - Feeding of Waterfowl AGENDA FOR COUNCII. MF.ETj.NG SET FOR MONDAY, MAY 23, 1988, 7:00 P.M. CITY ADMINISTRATOR'S REPORT CONTINUED *28. Administrator's Information Minnesota City Managers Conference Planning Commission Representation - June 13th Meeting Marina Licensing 200 Hollander Road Spring Clean -Up Number 2 Public/Private Roads CITY ATTORNEY' S REPORT LICENSES (29*) BILLS (30*) ADJOURNMENT NOTICE Of WARM ON tM(,WNEMFNT TO WHOM IT MAY CONCERN NOtk:s is hereby giver tfsf the CRY Oouncil of Orono will we in the Ccfnr1 C1wn'jerf of the City of Orono 417:00 p m on Monday, May 23. ION. to rOndde in@ mewing of s street lighting whprovement on Cauoty Road 16, The OrOperty t0 be oseosaad M in the South% Sec. tin 17. Township 117, Range 23 end the North h Section 2() Tuwrrahip I IT, Rape 23 and in par is d r property WX"M County Road 16 (Shoratlrw Drive) bagihnY at the western border of Orono than OW" to a de lance 320 fast vet of county now 19 (Shady - wood Road) ali property dx*tYp County Road 10 (Straoywood Rod) 563 fast north of Canty Road 16 IShoniNnS Drive) and e22 fast south Of County Road IS (Sho(aiw» Dr va). pursuant to MrvyeOta Statute. Sectors 429 01 1 to 429 111 The am proposed 10 be assessed for such UNvOvMSM Is the property abut" on Mich street The satirnNed cost of auOh 01. MTrement a $97.000 Such parsons as desYs M be head with reference to the proposed W prove'Wt WA be hoard at this nMelYta. Dorofhy M NaTin, Cuy 0" r .,t,,ehed In The f.awer and Pionam en w g Dee, MAY f 9 rwin f: Affidavit of Publication Sta' � of Minnesota. County of Hennepin Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound. Min- nesota, and has full knowledge of the facts which are stated below A ► The newspaper has complied with all the require ments constituting qualifications as a qualifies' newspaper, as provided by Minnesota Statute i 331 A 02. 331 A 07. and other applicable laws, ar amended B ) The printed 1 ►� f'YLL��>1n� ti �' which IS attached was cut from the columns of said; newspaper, and was printed and published once each week for 2 successive weeks It was first published Monday the I day of t oJi 19 0 and was thereafter printed and'published every Monday, to and including Monday. the day of r V7�� j; i 9 r Authorized Agen Subscribed and sworn to me on this / day of ► v r [�r 19 y Notary Public Rate Information 1) Lowsb1 classibed Tait, paid by L(Xnmefr.141 uaefti for CLVT9Wi NO NWQ S7 84 per unch i s Makrnnum rate aW)wed by law for above matter $4 54 ;Ter rnl:h 0 Rate actually r har{wt for above matte! $4 54 per vK h Each arhlrtk real succee+uve wee* SJ OJ pet ur, n 51788.1 TO: Mayor and City Council 'fah 3 FROM: Mark Bernhardson, City Administratopv� DATE: May 17, 1988 SUBJECT: Street Lighting Public: Hearing - County Road 15 Attachment A. County 15 Memo Dated 4/29/88 B. County 15 Memo Dated 4/21/88 C. County 15 Memo Dated 3/21/88 D. Notice of Public Hearing - Special Assessment County 15 E. Street Lighting Plan F. Hennepin County Letter Dated 5%11/88 ISSUE 1. Hold advertised public hearing regarding assessment for street lighting on County Road 15. 2. Determine if the project is to go ahead. 3. Determine the appropriate financing fo- County Road 15 including any special assessment dependPnr upon the public hearing. 4. If project is to go ahead, approving contract amendment with the County. INTRODUCTION - At the Council's April 25, 1988 meeting the Council established a public hearing for May 23, 1988 regarding the possible assessment of a street lighting project on County Road 15. Current financing contemplates assessing only for the street lighting portion of the project. DISCUSSION - Staff has been working since the last meeting to determine if the County would reduce its administrative cost for the street lighting plan. Normal contracting administation charge is 10%. Initially the County felt that an 88 charge would cover their inspections and administrative costs. The City proposed that that amount be reduced to approximately 58 and which reduces the charge to $3 •406.20 for a total charge of $5,677. The County has indicated a response next week. If this reeuction if agreed to the total for the street lighting project is $119,217. 1 Below is an outline of the process should the Council decide to undertake the assessment for the street lighting project. As noted before in order to order the project, as this was not a petitioned item, would require 4/5's vote by the Council. Public [fearing Order Project Project Construction Project Completion Special Assessment Hearing The proposed cost for front foot is as f.cllows: $7.00 per front foot - Residentially used property $14.00 per front foot - Commercially used property As noted in Attachment C the residential figures are below that being charged by the City of Mound for its assessment. Should the Council choose, the staff would recommend that this be issessed over a period of ten (11.1) years at approximately a 7.5- 8.0% interest charge to he determined at a subsequent assessment hearing. For a residential property that is 100 front feet this would amount to a total assessment of $700.00 or an annual principal payment of $70.00 per year plus at 7.5% an interest payment the first year of $52.00 decreasing to approximately $5.00 plus the $70.00 principal payment fir the tenth year. Consideration would be given for those owners who have double frontage. Based on the revised numbers for administration from the County the financing for the project would look as follows including the approximate decreases of lost income if the City decided to go with the total of its share out of MSA funning. Street Lighting (increased City costs) Construction 6 ROW Financing Special Assessments MSA/Gener -:1 Maximum allowable MSA ($401,822) $119,397 384,000 $503,397 97,000 406,397 (44,500) estimated MSA loss if MSA used for maximum allowable Staff has reviewed the lighting plans particularly as they relate to the possible reduction and each light that is removed from the system saves ahout S 1 , 1 SA.OA. For eAample if the two lights that ,trey east of 19 were removed it would save Mahout $2,300.0v. (See circled lights on Attachment F) Any rer',rsign, however, in the spacing for the balance of the project would necessitate some 2 3+1itiona1. engineering expense. The street lighting spacing proposed which is a little closer in the commercial area (approximately ;20 feet apart and a little further in the residentially area 150 feet is in 1_ne with the spacing to be used in Mound.) ALTERNATIVES - Issue ]. Hold the puh]ic hearing a. Conclude the public hearing b. Continue the public hearing Issue 2. Determination as to project a. Choose to go ahead with the project b. Choose not to undertake the project C. Table Issue 3. Financing of project a. Finance under special assessments in total b. Finance out of City General/MSA Funds C. Conbination of special. 3ssPssmEnt ar:i General/ MSA Funds d. Table Issue 4. If undertakes, approval of contractor a. Approve contract addendum to County 15 contract b. Table RECOMMENDATION - It is recommended that following conclusion of the public hearing that the Council order, by a 4 /5's vote, the amendment of the contract with the County to commence the construction of street lighting project on County Road 15 as outlined in Attachment E. It is further recommended that the Council initially assess $97,000 of the $119,500 of the street lighting project together with financinc the balance of the County Road 15 project half out of MSA and half out of General Fund . PROPOSED MOTION - Moved by , seconded by , that the Council f. directs the construction oa City owned -fighting system on County Road 15 per Attachmern* C by approval of Attachment F subject to possible reductions of the administrative charge and that this is to be financed through a special assessment totaling $97,000 on the project with $7.00 per front Foot for residentially used property a;.d $14.Q0 a front foot for commercially used property and t- the Council fund the balance of County Road 15 project half MSA Fund s and ha 1 f out of General Funds. Ayes , Nays 42988.3 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate 0 DATE: April 29, 1988 SUBJECT: County Road 15 - Street Lighting ATTACHMENTS: A. County Road 15 Memo Dated V21/88 B. County Road 15 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 public h?aring on May 23, 1988. 3. Review of a request by staff for approval of a portion of the street lighting project prior to the public hearing. 4. Information regarding payment to Hennepin County. INTRODUCTION - At the Council's last meeting the Council directed staff to set the public hearing for the 23rd of May for the possible assessment of property for the street lighting along County Road 15. DISCUSSION - Issue 1. County Administrative Charges 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 lighting 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 as noted on Attachment C reducing the project cost by $2,300. Issue 2. Financial Information as Amended by the Recent Project Costs Both Proposed and Modified. 3/21/88 Memo Present Net Difference General/MSA 384,010 414,123 39,123.25 Sper•ial Assossmvnt �7,�U(1 9?,000 Total 483,000 511,123 30,123.25 Issue 3. Partial Project Approval - The contrac;:or has indicated that in order to save money .)n 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 19% 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 _OMMENDATION - It is recommended that the Council direct staff to work further with the County regarding the administrative charge and down payment, tend discuss the possible reduction in the plan Size, that the Council accept the financial information and approve a project to ;ay underground cable it four points alcng County Road 15 fora total of $1,184. PROPOSED MOTION - Moved by,l�' seconded b that the Council direct staff to work further on reducing the r st of the project, authorize the cable crossing of four cables as an independent project and 3cknowlpdge payment of the down payment for the project( as agreed to in tho County 15 Agreement. Ayes -ti, Nays U u 42188.1 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato b 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 Road 15 Lighting and Financing Memo Dated 3/21/88 (No Attachments) C. Engineer's Proposal (not incl led) D. Lighting Layou& Plan (not includcl) ISSUES - 1. Determine if the City desires to further pursue the issue of City owned lighting 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 the Council desires to go out for bid or accept this as an addendum to the Flennepin County contract with the lighting company. INTRODUCTION - MEA CULPA - At the March 'R, 1988 meeting the Council apprcved the undertaking of a feasibility study by Ehlers and Associates for the street 1 ight ing on County Road 15. At the time the estimate was $92,000 for the lights plus $4,500 for the feasibility study. For a total of $97,000. As noted in the report this has changed. DISCUSSION - The current amount proposed for the contract is $i1307291. This is almost $20,000 more than had been originally anticipated in the preliminary estimate. Despite a 2% decrease by the bidder for amending the ccntract 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 Cok-nty 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 frcxn them as to whether they would actually enforce this or if they h.id charged this amount against. the City of Mnun:i in tho i r street l ighting. we h�. nv to have an answer for you on Mcmriay night. 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. Agree to go ahead at the higher price B. Choose to do nothing further C. Table Issue 2. Set a public hearing date if goinq ahead A. Set a date for May 23, 1988 B. Table Issue 3. Preliminary financing A. Choo::e to assess 5113,000 plus a portion of the 10% (This would raise the estimates in Attachment B by about 20%) B. Assess the $97,000 and have the City pay fc he overage either through MSA or general tax f .s C. City pay for the entire amount of street lighting D. Not go ahead Iss.ie 4. Determination as to biri 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 cost the City go ahead setting a public hearing date for May 23, 1988 to assess $97,000 of th, eta 1 cost with the balance to come out of MSA/General funds. _ '� 1-111 PROPOSED MOTION - Moved by seconded b , that. the City rt May 23, 1988 as the public earing date for assessin5 S97,909 in street lighti costs �"I S th the balance to come out of MA eneral f a ids. Ayes Nays �_. cc: Ehlers and Associates ROBERT A. ELLER ASSOCIATES, INC. CONSULTING ENGINEERS (ELECTRICAL) FINNA OI•}10E • 5511 VAI I.hY LANE • 1:1)INA. MN 51415 • (612) 94I.2X8G WNM IONKA OI+ICE • 14401 IJ(('EI SR)R BLVI) • MIxA. KN SSH3 • (612) 931.0190 April 19, 1988 Mr. John Gerhardson Mayor 8( City Council City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Gerhardson- Attached is a ( opy of the bid price for the street lighting on County Road #15, 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, 11-e bid pri( es are a little over 2r less the bid prices in the City of Mound on the original contract. This is becat:se of the increase in quanities of lighting units and the large amount of underground wire. Hennepin County has added on the cost, $800. 00, of an additional light and mast arn) at the traffic signal installation of C. S A 14. l 5 and #19. Also note that the City is subiect to a 101- contract adminis rat n 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 l � Tames E. Regan CITY OF ORONO, MINNESOTA COUNTY ROAD N15 STREET LIGHTING UNIT PRICE SCHEDULE Lighting Units Type 8D-35 Service Panels Type PM 1 1/2'' RSC Conduit 1 1 / 2'' !Von Metallic Conduit 2'' RSC Conduit Ur,drgrd, Wire 1 Cond. No. 6 Und. grd. Wire 1 Cond. No. 12 Light Bases Design M Additional Lighting Unit On ea ea. LTF LF LF LF tF ea 36 4 660 1180 262 56442 3')60 36 Signal MA 2 at CSAH 19 ea. 1 * Total Price If pad mounted services are required, ode to service panel price :3C0.00 each. If bases are installed without lighting units, add $45.00 each to Design M bases. V.oa q�1fOj.ala ZGif. ao /0V11-e vo ;t a y� ;A 3 774 oa p. u sa 800.00 800.00 $113,540.94 �,ut))ect to a 10` contract administratior. ;harge by Hennepin County �,, per- ( i ty (-)f W)utij a(;reement. 32286.1 TO: Mayor and City Council I►ROM: Mark Bernhardson, City Administrator`. V DATE: March 21, 1988 SUBJECT: County Road 15 Ligh ng 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. Resclution for Feasibility ISSUES Issue 1. - Street Lighting - A. Determination as to the type of lighting the City would like on County Road 15 B. M,2ans to finance the lighting C. Selection of design engineer to undertake the project if the City desires to do project Issue 1. - County Road 15 - Financing Determination as to method of financing the project. INTRODUCTION - At the Council's February 22, 1968 meeting the issues regarding ighting 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. In a review of the financing on the project as to appropriate dates regarding required actions, the staff has come to the determination that the City will not be able to use special assessments for the portions being done by the County as the contract has been awarded before the City held Its first formal special assessment hearing. This limits the City's options on that portion to General Fund and Municipal State Aid monies (which was originally contemplated as noted in Appendix B) together with an impact on honding and special levies. The City could still use special assessments for the lighting if it chose to do such. DISCUSSION - ISSUE NO . 1 - STREET LIGHTLNG Al oint City_Prro_ject - There is a savings of approximately $1,000 per City should the City of Sp:ing Park and Orono jointly use the some design engineer for the'__ project. The City of Spring Park is interested in such an ar-angement and at their Marci: 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 befire 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 the 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 f Mound assessed 50% of their cost of street lights, which tote_ -A approximately $127,400 for their project of which approximately $64,000 was assessed at a cost per foot of $14.58 for commercial property and $9.72 for residential property. (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 $14.00 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 footage to be assessed was owned by the City and therefore not assessed. The City of Mound used MSA fUr,ds for their share for the balance of the 50%. D. An example of the current lighting e::ists 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 the 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. Should the Council choose to assess the $97,000 amount, the range of options are as follows (other combinations within the range are also possible): County Road 15 Lighting and Financing March 21, 1988 Page 3 of 4 (Annual Cost/General) Special General Fund (10 r 6.5%) Assessment it 384,000 53,500 97,000- 12 284,000 40,435 97,000 3 184,000 25,600 97,000 4 100,000 13,900 97,000 5 J 0 97,000 ALTERNATIVES - Issue 1 Street Lighting a. City owned street lighting Adopt Amend and adopt Table Reject b. Consulting design engineer Appoint Table c. Financing Adopt recommendation Amend and adopt Table Reject Municipal (Est. State Aid Net Loss of MSA) 0 0 100,000 (14,200) 200,000 (21,750) 284,000 (30,800) 384,000 (42,000) Issue 2. Method of Financing - County Road 15 Sources Adopt recommendation, order feasibility, and set hearing schedule T.11ocations Amend and adopt Table Means of Financinq Finance through MSA Internal sources RECOMMENDATION - Issue 1 - Street Lighting a. Type of Lighting - It is recommended that the City go with the City owned l ghtinq to replace the existing wooden poles. b. Consultant - Consulting Design Engineer It is recommended that the CRY go with Robert Ellers in conjunction with the City of Spring Park to do the design of the project. C. Method of Financing - It is rec r)mmen-led that the City assess ths, tot a TW" TTM . 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 pro ect: Project Costs - $481#000 Financing - General Fund 184,000 Municipal State Aid 200,000 Special Assessment 97,000 $481,000 PROPOSED MOTION - Moved by _, seconded by , that the Council direct staff to make the necessary preparation for Cry owned lighting project on County 15 and finance the project by $_ from General Fund - internal sources and $ from its MSA monies directing the feasibility study and setting a hearing date. Ayes _, Nays _ 42688.5 NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Orono will meet in the Council Chambers of the City of Orono at 7:00 P.M. on Monday, May 23, 1988, to consider the making of a street lighting improvement on County Road 15. The property to be assessed is in the South 1/2 Section 17, Township 117, Range 23 and the North 1/2 Section 20, Township 117, Range 23 and in particular all property abutting County Road 15 (Shoreline Drive) beginning at the western border of Orono then easterly to a distance 320 feet east of County Road 19 (Shadywood Road) all property abutting County Road 19 (Shadywood Road) 563 feet north of County Road 15 (Shoreline Diive) and 622 feet south of County Road 15 (Shoreline Drive), ursuant to Minnesota Statutes, Sect i ors 429.011 to 429.1 11. The area proposed to be assessed for such improvement is the property abutting on such street. The ost imated cost of such i,ni rovement is $97,000. Such persons as desire to be heard with : -c n-e to the proposed improvement will he heard at this meetir. 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NIOMI•TW DEPARTMENT OF TRAM ISPORTATIO`J 320 Washington Av, South HENNEPIN Hopkins, Minnesota 55343-8468 [J H 935-3381 May 11, 1988 Mr. Mark Bernhardson, Administrator City of Orono P.n Box 66 Crystal Bay, Minnesota, 55323 SUPPLEMENT NO. 1 TO AGREEMENT NO. PW 74-08-87 CSAH 15, COUNTY PROJECT 8024 STREET LIGHTING Dear Mr. Bernhardson: We have previously submitted an agreement for the construction of the above referenced project. The attached supplement to this agreement is for street lighting. We are requesting City Council approval of this s dement. Please have all copies signed by the appropriate City officials and return to this office. Upon completion of the remaining signatures by County officials, we will send you a fully executed copy for your files. Please return two certified copies of the resolution approving the agreement. Sincerely, Theodore J. H f man, P.E. Chief Design Engineer JGM:mak Enclosure HENNEPIN COUNTY an equal opportunity employer Supplement No. 1 to Agreement No. PM 74-08-87 County Project No. 8024 County State Aid Highway No. 15 City of Orono County of Hennepin SUPPLEMENTAL AGREEMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT WHEREAS, There exists in full force and effect Construction Cooperative Agreement No. PW 74-08-87 dated February 8, 1988, entered into by and between the County of Hennepin, hereinafter referred to as the "County", and the City of Orono, hereinafter referred to as the "City"; and WHEREAS, The City desires to install street lights on County State Aid Highway No. 15 with the City of Orono, Hennepin County, Minnesota; and WHEREAS, The County and City desire to amend said agreement. NOW THEREFORE, IT IS HEREBY AGREED: 1. Paragraph Nos. V, VI and XII of said agreement is hereby revised as follows: V In addition to payment of the City's proportionate share of the contract construction cost, the City also agrees to pay to the County a sum equal to seventeen percent (17%) of the amount computed as the City's share of the said contract construction cost for roadway construction, eight percent (8%.) of the street lighting construction cost and fourteen percent (14',) of the City's share for traffic signal construction, ~t being understood that said additional payment by the Ci�y is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. -1- Supplement No. 1 to Agreement No. PW 74-08-87 VI Within sixty (60) days after an award by the County to the successful bidder, the City shall deposit with the Hennepin County Treasurer, ten percent (10%) of the estimated City share in the cp^tract construction and engineering costs for the project except the street lighting shall be 100`b of the estimated construction cost. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. The City shall then, on a monthly basis starting May 1, 1988, reimburse the County in five payments each of sixteen percent (16%) of the estimated City share of the contract construction and engineering cost for all other items to a totA' J eighty percent (80%). The remaining ten percent (10%) is to be paid to the County upon the completion of the project and submittal to the City of the County Engineer's Final Estimate for the project showing the City's final share in the contract construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. XII It is understood and agreed that upon completion of the improvement proposed herein, all concrete sidewalk and street lighting included in said improvement shall become the property of the City and all maintenance, restoration, repair or Supplement No. 1 to Agreement No. PW 74-06-87 replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described sidewalk and street lighting maintenance, existence, restoration, repair or replacement by the City, or arising out u` tr.e negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. 2. The Exhibit 'C° for the estimated street lighting cost is attached hereto and mane a part o" this agreement. 3. Except as provided for herein, all terms and conditions contained in said Agreement No. 74-08-87 shall remain in full force and effect. Supplement No. 1 to Agreement No. PW 74-08-87 IN TESTIIONY MIEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ORONO (Seal) By: 9—ay—or Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: Clerk of the County Board Chairman of its County Board Date: Upon proper execution, this agreement will be legally valid and binding. By: Assistant oun y Attorney Date. !/ Approved as to execution By: Assistant oun y Attorney Date: Date: And: Associate County Administrator and County Engineer Date: NEC OWENDED FOR APPROVAL By: Director. Department of TransporFa-Fon Date: MIBrT "C" SUPPLEPWn NO. 1 TO AGGREEMENT NO. PW 74-06-67 DIVISION Or COST lgMMTCM7 Kamrrn- cmN m Pmmc-r No 8024 CITY or 0410NO COUNTY ROAD 15 STREET LIGHTING ITEM DESCRIPTION 1 ITEM I I I I � I 1 UNIT I UNIT O Mr I Can I codrt I % I COST I I ILIGHTINO UNITS TYPE 6D-35 i Mai 1 $ 2,178.00 1 36.001 $ 42,406.00 1 100.001 S 42,406.00 1 ISUVICE PANES TYPE PM I KAM 1 $ 2,616.00 1 4.001 $ 10,472.00 1 100.001 S 10,472.00 1 11-1/2" RIGID STEEL CONDUIT I LIN. PT. I $ 4.40 1 660.001 $ 2,904.00 1 100.001 $ 2,904.00 I 11-1/2" NON-P TALLIC CONDUIT 1 LIN. FT. i $ 3.20 1 1,190.001 $ 3,776.00 1 100.001 $ 3,776.00 1 12" RIGID STEEL CONDUIT I LrN. FT. 1 $ 5.40 1 262.001 $ 1,414.60 1 100.001 $ 1,414.40 1 IUNDEROROUND WIRE 1 CO MUCTOP NO. 6 1 LIN. PT. I $ 0.67 1 56,442.001 $ 37,816.14 1 100.001 $ 37,816.14 1 ILMDCRMWUND WIRE I CON M-M NO. 12 1 LIN. !T. I $ 0.25 1 3,960.001 $ 990.00 1 100.001 S 990.00 1 (LIGHT BASES DESIGN M I EAM 1 $ 360.00 1 36.001 $ 12,960.00 1 100.001 $ 12,960.00 I (ADDITIONAL LIGHTING UNIT ON SIGNAL, MA-2 I EACH 1 $ 600.00 1 1.001 $ 600.00 1 100.001 $ 600.00 1 1 AT CSAH 19 I I I I I 1 I I 15UBTOTAL I 1 1 I $113,540.94 1 I $113,540.94 1 1COTFtACT ACKINISTRATION I I I I 1 6.001 $ 9,083.28 1 I 1TVTAL i I I I I $122,624.22 1 Ir PAD MOUNTED SERVICES ARE REQUIRED, ADD $300.00 EACH TO SERVICE PANEL PRICE. I► RASES ARE INSTALLED WITH" LIGHTING UNITS, ADD $45.00 EACH TO LIGHT BASE DESIGN M PRICE. . 44 51788.2 i 1. t W11 MEETING TO: Mayor and City Council f';�Y 3 FROM: Mark Bernhardson, City Administratoo C Y OF okoko DATE: May 17, 1988 SUBJECT: Continuation of Public Hearing - Highwood Storm Sewer Attachment A. Highwood Storm Sewer Project Memo Dated 4/15/88 B. Glenn Cook Letter Dated 5/19/88 C. City of Orono Minutes Dated 4/25/88 D. McCurdy Letter Dated "/19/88 ISSUES - 1. Continuation of the public hearing. 2. Determination as to Counci l's desiring to undertake any public improvements in response to this problem. INTRODUCTION - At the April 25, 1988 Council meeting, Council took initial testimony at a public hearing and directed the public hearing be continued to the May 23, 1988 meeting. At that meeting concerns addressed regarded both water quality and storm water quantity in this area. In addition the principal property owners, the Vongries, who are involved in this were not able to be present at that meeting. For background information as noted in Attachment C the City did consider this matter in 1975 and directed to Mr. Sauer that the only remedy to this problem was a public improvement. DISCUSSION_ - Since the last Council meeting, as noted in Attachment B, the Engineer has explored alternative solutions to this problem which include the following: A. Detention of storm water on tn? north side of County Road 19 for a period of time. This was determined by the Engineer not to be cost effective. B. Creation of a larger detention basin on the backside of Sauer's property by lowering the existing grade in that area a couple feet and using some of the material to berm the houses of Sauer's and Baxter together with having Mr. Sauer move his shed out of the area. This may not be cost effective. C. Instead of re -piping the whole area look to re -pipe only the portion of the existing tile which crosses the McCurdy and Vongries property. Together with providing the manholp and overflow with an 8" pipe. Mr. McCurdy has indicated in Attachment D that this is not acceptable to him. D. Instead of putting in a new pipe by digging a trench through County Road 19, look at "jacking" the pipe under Highwood. This however is about $10,000 m-)re expensive than trenching. Water Quality - As far as water quality is concerned, the bay these properties front on, West Arm, has been problematic from a water quality standpoint for a substantial perioO of time. The principal concern has been that the Painter's Creek Watershed does drain into Jennings Bay and West Arm and has had significant phosphate contributitions. One contributor is the Maple Plain Treatment Plant and the second the agricultural run-off- in the watershed. The Maple Plain plant contribution has been removed through the interceptor. Coupling that with the fact that the Minnehaha Creek Watershed District has put a settling basin project in the Painter's Creek area should help improve the situation. (Removal of the treatment plants around the lake has improved the general quality of the lake.) As for this local Watershed, most of it is an area of natural growth with the only exceptions being drainage off County Road 19, Highwood Road and the grassed area on the back of the Sauer property. (A detention area is principally for storm water temporary storage and is what was initially proposed. Detention refers to water being held for a period of time, but is eventually drained off with retention being an area that there is always water in at least part of the storage basin. Retention areas are generally associated with attempts to improve water quality.) The actual measure of the water quality coming out of this pipe has not been done. MISCELLANEOUS - The question had been raised regarding the possibility that the back part of the current Sauer property was at one time owned by the City. This is not the case, as best t e City can tell from its records. The City is unsure the extent to which this may have been a wetlands at some point in the past. The Council should be aware of the fact that although proposed as one project there: are two facets to it. The first is handlinq the existing storm water ponding basin as it presently exist3 taking care of the water quantity. The second aspect addressing the water quantity problem as it relates to Highwc -- Avenue itself and water draining off Highwood to the propertiHi- principally to the east of Highwood. The project as proposed would re -grade the street in order to direct the storm water away from the garages and properties and down to use the sa;.i storm water system. The first phase, that being controi.,ng the existing storm water in the watershed can be done independently of the second, but not vise versa as redirecting the flow from Highwood in this basin without making the necessary improvements on the basin would only exacerbate the existing problem. RLCOMMENDATION - It is recommended that the Council undertake a solution to this problem which would be Option I, a 21" pipe on 2 the City public right-of-way to be f,'nanctd through special assessments. It is recommendf-1 the street regrading not be undertaken as there is apparently little indiction as to this being a severe problem. This could be done a~ a later date independently of the first phase. (All costs are independent of any easement costs.) PORPOSED MOTION - Moved by seconded by , that the Council order the project be undertaken and that the necessary design diagrams be drawn up by the Engineer for bidding. Additionally staff is directed to undertake financing of the project through special assessments. In order for the Council to actually order the project be undertaken, once the bids are received will require 4/5's vote on the part of the Council. Ayes , Nays TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator DATE: April 15, 1988 SUBJECT: Highwood Storm Sewer Project Attachments: A. Highwood Storm Sewer Memo Dated 8/31/87 B. Highwood Storm Sewer Memo Dated 3/23/88 C. Feasibility Study D. Dale McCurdy Letter Dated 4/5/88 E. Vongries Letter Dated 4/l/88 F. Draft Resolution (not included) G. Highwood/19 Map H. ProNosed Cost Per Property ISSUES - 1. Holding of scheduled public hearing. 2. De _ermination of Counci l's response to petition and public hearing comments. 3. If Council choses to undertake a remedy to problem identified by the petition, the means chosen to rectify it. 4. Outline of the nrocess to be undertaken. 5. Determination preliminary financing alternatives if undertaken. INTRODUCTION - As noted in Attachment B th- Council directed a feasibility study be undertaken regarding the storm water problem in the Highwood area. At the Council's March 28, 1988 meeting they directed staff to set up a public hearing having received the feasibility study on the project. DISCUSSION Issue 1. Public Hearing - Appropriate notice has been sent regarding the public hearing to the residence in the area together with newspaper notification. x`\ Issue 2. Res2onse to Petition - The Co it ha received a petition from 7 of the neighbors and it is o this b sis that the Council ordered the feasibility study and establish d the public hearing. Signers of the petition represe t L ,percentage of the persons in the drainage area contribut'ng ttie r storm water through this drain space. Council, if i desi es, can take ro further action. This leaves either the si on at the status quo or leaves the private parties affected to generate a private solution, which may require City approval.. Issue 3. Means to Undertake - Should the Counci 1 choose to go ahead the means for dealing with this problem are outlined as follows: 1. Alternatives in Feasibility Study A. 21 inch pipe down the access B. 21 inch along line of current drainage tile 2. Other Alternatives A. The property owners can replace the existing tile line and increase the size of the pipe from 8"-10" tile to 15" CMP (corrigated metal pipe) with an overflow structure at the outlet end of the culvert under Highwood Road. We could assist the property owners in obtaining materials and contractors. B. The City could replace this existing tile line with a 15" CMP (corrigated metal pipe) with an overlfow stricture at the outlet end of the culvert under Highwood Road. City forces could do this for $15,000 - $16,000, we would need easements from two or three property owners. C. Construct an overflow at the outlet end of the culvert under Highwood Road approximate cost $500.00. D. Birming of properties most directly affected by the ponding E. Restriction of flow at culvert on 19 F. Installation of a manhole on the current line together with an overflow at point shown on Attachment G G. Road drainage 1. raising to direct flowage 2. lowering to direct flowage Issue 4. Process for Project - Following are the steps in the project should the Council desire to carry it out. 1. Receive the petition 2. Feasibility study 3. Public hearing 4. Development of plans and specs 5. Submission of bids and award Any necessary CUP/Variance/Land Use 6. Project construction 7. Project completion 8. Special assessment hearing (The Council could, in 2 advance of the project being undertaken, spread the special assessment based on bid information.) Issue 5. Preliminary Financin4 Plan - Primary means for financing are -as follows: 11 A. Storm Sewer Assessment - The Coun0(lutake the project and choose this alternativco t er are footage on a flat basis wouldr if so e on ideration were given by a great.for th prop rties directly there may be a split betwee _ an Attachment F shows approximate assessment 1la s by p operty and who the property owner is. B. Storm Sewer District - The City could establish a storm sewer district for this area and on an ad valorem basis and levy taxes over a specific period to pay off this project. The advantage of this approach is that the benefit principle does not have to be demomstrated. ALTERNATIVES - Issue 1. Public Hearing a. Conculde the public hearing b. Hold the public hearing open for further testimony at further Council meeting. Issue 2. Response to Petition 1. Choose not to undertake the project 2. Determine a public solution is appropriate to this problem. 3. Table for Future meeting Issue 3. Means to Undertake 1. Take a combination of the following: A. 21 inch pipe down the access B. 21 inch along line of current drainage tile 2. Other Alternatives A. The property owners can replace the existing tile line and increase the size of the pipe from 8"-10" tile to 15" CMP (corrigated metal pipe) with an overflow structure at the outlet end of the culvert under Highwood Road. we could assist the property owners in obtaining materials and contractors. B. The City could replace thiF sting tile line with a 15" CMP (corrigated pipe) with an overlfow structure at the :t end of the culvert under Highwood Road. City forces could do this for $15,000 - $16,000, 3 we would need easements from two or three property ow.iprs. C. C,.)nstruct an overflow at the outlet end o culvert under Highwood Road approximate $500.00. D. Burming of properties most directly affected the ponding F. Restriction of flow at culvert on 19 F. Installation of a manhole on the current line together with an overflow at point shown on Attachment G G. Road drainage 1. raising to direct flowage 2. lowering to direct flowage Issue 4. Process of Project 1. Direct the process be undertaken 2. Alter the process and adopt 3. Table 4. Undertake Issue 5. Preliminary Financing A. Do as a storm sewer assessment B. Do as a storm water district C. Tahle D. Choose not to undertake t''l c cost by RECOMMENDATION - It is recommended that the Council conduct the public hearing and continue that public hearing to the meeting of May 25th at which time it is recommended that Council con ler the issues of whether Council wants to undertake the projec he means to undertake it, the process by which it is being don, and the financing. PROPOSED MOTION - Moved by , �-econded by , that the Council following preliminary discussion and continuing the public hearing defer further discussion to May 25, 1988 leaving the record open and that Council undertake discussion of the balance of the items related to this issue. Ayes __, Nays 4 9187.3 /O TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: August 31, 1987 SUBJECT: Highwood Road Storm Sewer - Feasibility Study Attachment: A. Storm Sewer Request - Highwood Dated 8/20/87 B. Map of Anticipated Study Area C. Storm Sewer Project Process D. Proposed Highwood Storm Sewer Resolution E. Letter to Resident:; Dated 9/l/87 IS_S_UE - The Council to determine if they want to undertake the necessary feasibility study for an approximate cost of $3,500.00. The feasibility study would assist in determining if it is appropriate for a storm sewer project to be undertaken in the Highwood Road area. INTRODUCTION - At the Council's August 24, 1987 Council meeting Council at staffs request tabled the item until the Septemer 14, 1987 Council meeting. As noted in Attachment A some of the residents in the neighbcr•:ood have expressed an interest in a storm w&ter sewer study. (At present the size of the district and number of property owners effected has not been determined.) DISCUSSION - while the Etorm of the mil lenium brought the issue to a mad particularl;, as it relates to Mr. Sauer's property, (annotated on Attachment ') there is a problem in this area when there is any 3 to 4 incli, rain. Intent of the feasibilit;, �.tudy is to determine; a.) the extent of ;he poblem, b.) the inadeque-cy of the current system if any, c.) the cost of s ich a project and d.) if the bene,`. - ;-j gained are worth that cost. At that point it would be z:c1)ropriate that the City decide; a.) if a project %inuld be undertaken, b.) if so, how th project would be financed, c.) whether the C`: would be willing to participate, d.) if once the c­-,Ls are known the people in the area are still interr�si-, in the project. The City does have recent :.nerience with property owners who desire service, but who(-,--) t feel that the cost of that service is in direct proportion it benefit as evidenced with the Crystal Bay project. 1t in the sewer situation all of the property owners do receiv rn:� direct benefit. For storm sewer projects the usual method 9- to determine all the persons in the drainage distr ict and that then tho: e persons are assessed on an area basis as to what they contribute to the drainage runoff. The problem is that the people on the high around generally do not consider the water to be a problem and it is only the people on the low ground that would receive a direct and obvious benefit from such a project. At the print that the feasibility study is completed and it is determined that the benefits do outweigh the costs and those to be assessed are not willing to sign a l00% petition waiving assessment of those costs, staff will present possible alternatives for either City participation if deemed appropriate by the Council or establishment of a general fund levy to use to fund all storm sewer projects that the Council deems appropriate. The advantage of going with the general fund levy is that this is not appealable, however to the extent only limited isolated projects are undertaken the general populous does not benefit from the levy. This is particularly the case in an area where it is anticipated most or a substantial amount of the properties particularly those located on the lake or next to wetlands are not in need of any future storm water work. RECOMMENDATION - Based on the concern as evidenced in the petition together with staff's recommendation that the problem is appropriate to undertake a feasibility at this point. PROPOSED MOTION - Moved by _, seconde d July 27, 1987 TO: City of Orono PO Box 66 Crystal Bay, MN 55323 FROM: Glen Sauer 4104 Highwood Road Mound, MN 55364 To Whom It May Concern: I would like to have the city look into a storm sewer system to handle the water that flows through Glen's back yard from natural runoff for about a four block area. In Glen's yard there is a 20 inch culvert which runs under HIghwood Road. And on the other side, many years ago, people ran a 10 inch tile down to the lake instead of having a drainage ditch which kept washing out to cross to get to their house. The water t t 8 f t dee in la s of Glen's yard and floods through other ee p ge s o p yards. The house at 4109,1"hich is next to Glen's, had water in the basement from this last flood. On the lake side of Highwood Road and County Road 19, three more families had their yards, trees, and shrubs washed out by this water also. There is a fire lane across Highwood Road from Glen's yard that a storm sewer could be run down to the lake between 40 1and 4075 Highwood Road and still le-:p the regular drain in use. J. I have talked to some of the neighbors and they have agreed that this would take care of the problem. Below are their signatures and addresses so you can verify that what I say is true. Enclosed please find pictures taken after this last storm that prove the need for this sewer system. Please keep me informed on any decisions made. Thank you. Sincerely, Glen Sauer Enclosures 5- Neighbor's Signature Address �o s Z//v� - I lot 400 fell42 CrM 06 OF00 41 S. T LAKE FORES NOT vt,4NPI K"o) V% No 41, Ib6 vo; ' 4F, nl� p 74 T- icLm, r 43 kA) Ffa r o sic et'i—V 77� Lp 14 19 2 N't It 1.1 dim 46 ,A t b 64U 0% DD. 404fre" I ,y V J [[ �,� .. Is, r(rO**4 4 4p DD SEC. IU,T 117.R23 34 ra 44 ALVIt L FIHMA coupff v SURVEY mrmwpw col/RT. &MNN acted future condition of city finances and the 1�cpaying capability of the property ow crs. make such an economic study, the ouncil shout first prepare or have prepared report contai 'ng the following information. 1. T e boundaries of the area de med bene- fit 2. Th\total market valuation f all lands in thited area plus the arket value of eaidual parcel or to . 3. Ts of land use i the area and the pea of land used for urban p 4. Ta d cost of he improvement and thunt to be aid from the general fu 5. Tal a Cu payable from special assessments an a estimated levy against each parcel of I d. 6. The ratio of s e ial assessments to market valuations for th area as a whole and for each individ al pa el, and also the ratio of all outstan ing a unpaid prior assess- ments plu the pro sed one •o the market value for II land in the area and for each individu parcel. 7. Thee imated increase n market value for each arcel of property the improvement is m de. 8. T total amount of bonds o be issued and t eir proposed maturity. The purpose of such a report i to indicate wheth r the proposed assessment w uld ht: too heav a financial burden on the prop y ci �ners invo ed and whether the prepared as, mer.'; are wit in the limitations imposed by the rut th�.t the ass sment on a parcel cannot exceed the ar^ 7unt of increased market va!ue as a result of he i;11- pr vement. It also should give some idea _ie f ancial burden which would be placed upo r':e ty itself, in terms of both the demand ...on oney in the general fund and the impact on 'ie city's borrowing capacity. Summary of Steps in Special Assessment Proceedings In general, the local imp (Qvement code con- templates the following steps:ll ll 1. Initiation of proceedings. This may be done either by the council or by petition of affected property owners. If a petition is used, it must be signed by the owners of at least 350/o in frontage of the property bordering on the proposed improvements. Even if the council acts originally on its own initiative, an extraordinary majority is not needed to initiate the proceedings. In initiating proceedings, or in accepting a petition requesting proceedings, the council should simultaneously order a feasibility report on the proposed improvement.) Z 07 - 2. Preparation of a report. The law requires that a report on the feasibility of the proposal be prepared by the city engineer or by some other competent person select- ed by the council. This report should, but need not, contain the data suggests d above under the heading "Determining Economic Feasibility." It must cover such factors as the need for the project, the availability of necessary money in the general fund to pay the city's share of the cost, an estimate of that cost, and any other information thought pertinent and necessary for complete council considera- tion. 3. Public hearing. This step may be omitted when a petition requesting the improve- ment has been signed by 10001''0 of 'he affected land owners. Notice of the hearing must be published twice in the official newspaper with each publication appearing at least a week apart. At least three days must elapse between the last publication date and the date set for the hearing. Furthermore, a notice must be mailed to each property owner in the area to be assessed 10 days prior to the hearing stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed. At the hearing, the interested persons should have a chance to be heard, whcthci Cr not they are liable to be as- sessed. l l 4. Ordering the improvement and preparation of plans. The resolution ordering the improvement may be passed by a mere majority of the council if proceedings were originally commenced by petition. If not, the resolution must be adopted by an affirmative vote by at least four -fifths of the council. It is after this that the city engineer should prepare the necessary plans and specifications. At this point the council should decide how the work is to be d7Re and, if necessary, issue a call for bids. 5. Tin:e limits for local imprure'ments. When a city council determines to make a public improvement, it must let the contract for all or part of the work, or order all or part of the work, done by day labor or other- wise, no later than one year after the adoption of the resolution ordering the improvement, unless a different time is specifically stated in the resolution order- ing the improvement. Performance of ►vork under contract or by day labor. The work may be done by day labor if the estimated cost does not exceed 15,000, if there are no bidders on the project, or if the only bids received exceed the estimated cost of the project. The term "day labor" refers to a procedure whereby the city carries out a public improvement with its own employees or with persons specifically hired for that purpose. No contract is given wider this system; the city itself assumes full responsibility for the work. Even under this system, however, purchases of more than $5,000 must be obtaine from the lowest responsible bidder' (See Chapter 21.) 7. Preparation of proposed assessment rolls. These must contain the information listed in the next subsection of this chapter. Their preparation is the clerk's responsibili- ty. 1 / It may be desirable to conduct before and after market improvement valuation studies regarding property to be assessed to determine the amount of special benefits. (See discussion of market value, above). V. 1'tiblic hearing off the pro!( osc•d assessment. The purpose of this second hearing is to give affected property owners an op- portunity to be heard on the (natter of the actual assessments being levied. Notice must be published one or more times in the official newspaper and mailed to each property owner at least two weeks prior to the hearing date. Finally, the total cost of the improvement project must be published in the city newspaper or, if none, in a county seat newspaper.) 8 It may be advisable in light of recent court decisions, to make available to the property owner an adversary proceeding at this hearing where evidence of market value Improvement will be considered and made a part of the assessment determination. The hearing notice shouid cont?in a state- ment that those who wish to dispute their assessment as determined in usual formula fashion may notify the council, and the council can then arrange for a hearing before an impartial hearing officer. The property owner could then put in such testimony as he thinks is relevant con- cerning the improvement in market value of this property, and the city could do likewise. A detailed record of this evident should be made. The city could than adoi the assessment roll, including assessmer s determined on a conventional formula ba• i and also including those determin• d in adversary proceedings. Appro-val and certification of assessment rolls. :after the public hearing, the council must approve the assessment rolls in their'nal form so that the clerk can certify th , to the county auditor for collec- tion. The (council should examine their assess - rolls in a very practical way to . mine whether or not an appeal is like)-; -to result from a particular assessment and v4-wther that assessment is realistic in views vif the real estate market in their city. 10. Issurna-c of obligatiins to finance the impso�c??.cnt. (This topic is discussed furtlNer '.:i the subsection entitled "Borrow- ing -fo< Special Assessment Purposes.") For a ftit l,0iset--ion of these steps, plus a full set of model fore c, s~, League publication "Local Improvement - 408 - 7 1 V U/. 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION ORDERING STORM SEWER FRESIBILITY REPORT FOR STORM WATER IN THE HIGHWOOD/NORTH SHORE DRIVE AREA WHEREAS, the City of Orono has received a petition from seven Highwood Road area residents requesting the City to review a storm dater ponding problem, and WHEREAS, the City staff has reviewed the petition and has determined that further study of the area is necessary to determine the extent of the storm water problem, and WHEREAS, the City Council has reviewed the information presented to them and received comments from the affected property owners, and WHEREAS, the Orono City Cour.cil feels that more information is needed to determine the extent of an existing storm water ponding problem and if the existing storm sewer system is inadequate, and WHEREAS, the most efficient me-r.er in which to obtain this information is to perform a feasibil :ty study, which will determine the extent of the problem, one exists, number of acres included in the drainage area &n,f -Iie most efficient and cost effective manner in which to proc(--c7, i.f it is determined to b-e a significant problem involving City e` irono action. NOW, TBEREPORB BE IT RESOLVED, '.-"!at the City Council of the City of Orono that the City Engineer b� instructed to study and report to the Council with all convenf.r•.at speed, advising the Council in a preliminary way as to the fez.�ibility and estimated costs to benefitted properties in the water run-off area. Adopted by the City Council t_a City of Orono this 14th day of September, 1987. James R. Gr4h�i Mayor ATTEST: Dorothy 1.1. Ilallin, City Clerk September 1, 1987 Dear Highwood Road Resident: On July 27, 1987, the City of Orono received a petition from seven Highwood Road residents requesting the City to look into a storm sewer in your area. Please be advised that the Orono City Council will review this matter at the regular Council meeting on September 14, 1987. The meeting starts at 7:40 p.m. Your comments at this i-iieeting will determine whether or not the Council will proceed with a feasibility study regarding the storm water ponding problem. If you have any questions, please call me at 473-7357. Sincerely, 67 O V John R. Gerhardson, Public Works Direct-r •JRG/tln ,y TO: Mark Bernhardson, City Administrator FROM: John R. Gerhardson, Public works Director DATE: March 23, 1988 SUBJECT: Highwood Storm Sewer Feasibility Report in August 1987 the Orono Council directed the City Engineer to perforn a feasibility study for storm sewer in the Highwood area. The reason for the study was due to a petition by Highwood residents requesting a r,lution t-) a storm water ponding problem. Attached for review is th sibility study performed by the engineer. On page 5 of the report is a recommended schedule to follow if we wish to proceed, however I feel April 11 is too soon to hold a public hearing due to necessary notification to residents and publication of notice in the legal newspaper. Recommendation - To accept the storm sewer feasibility report for the Highwood area as presented and to designate April 25, 1988 as the public hearing date. Proposed motion moved, ---second, to accept the storm sewer feasibility report for the Highwod area as presented and to designate April 25, 1988 as the public hearing date. TO: Mayor Grabek, Oront- Council Members FROM: Mark Bernhardson, City Administrato , b ATTACHMENT: A) Hignwood storm sewer memo dated August 31, 1987 B) Excerpt of council minutes 8/24/87 and 9/10/87 C) Highwood storm sewer resolution Forward recommending approval. At the public hearing staff will address the issues of road and _ orm water drainage, estimated costs by lot, an alternative to raising t`e road grade and areas where temporary and permanent easements are needed. cc: John Gerhardson MINUTES OF THE REGULAR 01:ONO COUNCIL. MEFTING IIELD AUGUST 24, 19B7 MINNIIRA1'A CREEK WATERSHED D DISTRICT APPOINTMENTS City Administrator Bernhardson note(' tho vacancie crl the Minnehaha Watershed District along with 3 letter LLom the Lake Minnetonka Conservation District with three individuals named that would like to fill the vacancies. City Attorney Blatz explained the reasons for the the two vacancies. Mayor Grabek suggEst�d 'hat the Executive Director of the Lake Minnetonka Conservation District, currently Frank Mixa, serve as the LMCD represenative on the Minnehaha Creek Watershed District. No formal action was taken. PUBLIC INFORFIATION - EVALUATTON City Administrator Bernhardson explained the issue of� determineing whetter the City of Orono will continue) with the "Mayor's Article" on a monthly basis or budget for ;_ d.fferent format for its monthly "newsletter" to the community. He felt that the current format h4s proven to be a timely means in most cases of the primary ir,formation to the community. Council thanked tho Weekly News and Pioneer representatives in attendance for their assistance in, this matter. + It was moved by Cou. :ilmember Sime, seconded by Mayor Grabek, chat the "M •or's Article" format for communicat .on of infc amtion to the community bel continued in the weekly newspaper, soliciting ideas frM-1 Counci1membcrs and the public as to topics they wou:_dl .Like to :lave addressed and tle system be evaluated next' August it the . jOnet meeting. Motion, Ayes 4, Nays C. H.VILWOOD STORM SEWER REQq-,.ST Council tab Ied th-s mt:;:ter until the Highwood resident: could be nun_, f!ed t,.' attend the Council meeting t, discuss this 1950 SHORELINE - SETTLEMENT AGREE:PI!Wj'" It was moved by Councilrnere'�er Sime, seconded b, Councilmember Goettgn, to tab..: this matter until tho September 14, 14II7 Council meeting. Motion, Ayes 4 Nays C. BIT) AWARD - FAIRWAY MOWER* It was moved by Councilmember Sime, seconded b Counci)member Goetten, to award the bid to Kromer Cc for Alternate aid 1`2 for one used Long Tractor wit Ro,leman Elydre-jang Model 4.15 Fair -,.jay mowcr for c.n amoun not to exceed $ 14, 794.00. Motion, Ayr-.-- 4, Nays C. 12 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 14, 1987 MAYOR'S REPORT COyTINUED -Regarding the previous issue brought up in Application 01176 regarding the dedicated vs. traveled portion of Casco Point Road. Councilmember Callahan recommended that this issue be cleared up with the affected property owners and possibly require hold harmless agreements. City Administrator Bernhardson stateu he would follow-up on this issue and the cost involved. CABLE TV REPORT- 1988 CABLE TV COMMISSION BUDGET RESOLUTION i 2258 Councilmember Callahan stated that although the City has little control over the Cable TV franchise, wanted it noted that being presented a budget to approve over which they have no authority to use the money was not sufficient information for public bodies to justify that substantial an increase. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, that Council adopt Resolution #2256 giving its approval to the 1988 Lake Minnetonka Cable Communication Commission budget. Motion, Ayes 5, Nays 0. TRANSkORTATION REPORT There was no Transportation Report. CITY ADMILISTRA 'OR' S REPORT: HIGHWOOD ROAD STORM SEWER FEASIBILITY RESOLOTION i2259 City Administrator Bernhardson stated that a petition was received from resider ., in the Highwood Road area requesting a storm sewer to handle the drainage problem that particularly effects the Sauer and Baxter properties. Bas i on evidence submitted with the petition, staff r..commends undertaking the necessary feasibility study for an approximate cost of $3,500.00 tc determine if it is appropriate for a storm sewer project to be underta'.-. the Highwood Road area. Glen Sauer, 4104 Highwood Road, and David Baxter. 4108 Highwood Road, were present for this matter. Mr. Sauer stated that the drainage problem has existed ever since the City sewer came through and destroyed the drainf ie ld. Mr. Baxter confirmed that there is a problem and it should be fixed. Public Works Coordinator Gerhardson indicated that the destroyed line in question was a private line. MINUTES OF THE REGULAR ORONO COUNCIL METING HELD SEPTEMBER 14, 1987 HIGHWOOD ROAD STORM SEWER CONTINUED It was ;:oved by Mayor Grabek, seconded by Councilmember Sick, to direct the City Engineer to perform a feasibility study to determine the appropriate remedy to Iiriit the storm water runoff which causes a problem, in the Highwood area. Motion, Ayes 5, Nays 0. 1988 BUDGET MEETING - SEPTEMBER 17, 1987 - 7:00 P.P It was moved by Councilmember Goetten, seconded by Mayor Grabek, that the Council acknowledge September 17, 1987 at 7:00 P.M. as the date and time for the 1968 Budget meeting. Motion, Ayes . Nays 0. 1988 COUNCIL GOAL SETTING It was moved by Mayor Grabek, seconded by Councilmember Goetten, to establish October 7, 1987 at 7:00 P.M. as the special meeting of the Council's strategic planning process for 1988. Motion, Ayes 5, Nays 0. MINNEHARA CREEK WATERSHED DISTRICT APPOINTMENTS It was moved by Mayor Grabek, seconded by Councilmember Peterson, that the City Council direct staff to draft a letter of endorsement of the three candidates to the Hennepin County Board together with indicated the. desirability of an ex officio position for a represenLative of the Lake Minnetonka Conservation District. Motion, Ayes 5, mays 0. JEPP ESSEN 2648 CASCO POINT ROAD BERM IN RIGHT -OP -WAY City Administrator Bernhardson reviewed the issue tabled at the August 24, 1987 Council meeting pending a recommendation from the City Engineer regarding the safety of a double curb cut. He explained that in this particular case a review of the file ir.9icated that the Public works Coordinator had reviewed and deleted the double curb cut with the plans giving no indication of an intended berm, however, the document with the deletion was not appropriately transmitted to the contractor which led Mr. Essen to believe that the double curb cut was approved. City Engineer Cook reviewed the plans and recommended approval of the double curb cut citing no safety concerns; and recommended that the berm be moved back to provide at least a 6 foot shoulder along Casco Point Road. Public works Coordinator Gerhardson stated that Mr. Essen cut back the brush which was a major obstructor and no longer telt there was a safety concern subject tc moving the berm back as recommended. 7 ■ Report for Highwood _ Storm Sewer Improvements Orono, Minnesota 198E File No. 13933 Bonestroo t-� Rosene Anderlik & Associates Englneers & Arthltects St. Paul, Mlnnesota iA Bones t roo o r� Rosene Anderlik & Associates Engineers & Architects Chid [[ Ikow%I'ro PE Kldh A C. "* ". '' " """ .0 rri•,v � Po0M1 W SMWM. Pl fKhaed W /.,Nr, r• +Mn...• . ry,. [., Pf JoWph C Anoe'IJ. PF O['nakl C &n.l,.• :• ''° aw •r, '.�......, ,•. fraWtoW A lem0e'q. PF x'ry A %.n kvr 1'' kr•. •" I' • , 1khMd E %Pner. P( Mar. A rum.... r, "4" a "" •, .., r= Jame C. Own PE red K I.ekl. PE M...► , P , 1 CI MN' R Cuok. PE MKhaN P 6POM-1 n. rl IN tw I N t,r�, • . " (hoewt F Noyes. PF PoCen R Melre"e. rl Ih.,ma. 1 a• p - .•I f bMt G SChynkhl. PE Davd 0 lo1►[Na. Pr IbWArd A S.Nd[�,1, Pr U~ C Savaaa. PE February 23, 1988 Honorable Mayor and City Council City of Orono Box 66 Crystal Bay. MN 55323 Re: Highvood Storm Sever Improvement Project No. 87-4 Our File No. 13933 Dear Mayor and Council: ..,� " 1....k]n a'a"an M •r.�•M DUE KAR 2 31988 i 1 '1 Transmitted herewith is the feasibility report for the coal:c::.nn of ,-. 'rm sewer in the Highvood Lake Minnetonka Subdivision, vest of Cuur.Ly Roa.a 151 along County Road 19. The report provides a detailed cost estimate of the woL* Lein& I:u(Isitieia.f and a plan of the area. We would be pleased to meet with the City Council at ,j( t.a review the proposed project. Respectfully submitted, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook im GRC:li I hereby certify that. this rc--,-lit. was prepared by me or under my direct supeivisicta and that I am a duly RegistEc%ed Pr•fcoaiunal Engineer under the laws of the State vi Miniies,ta. Glenn P. Cook, P.E. Date: Fehruary 23, 19811 i:t!i;. '41.. 44'=1 Rpt13933 2335 West Highway 36 0 St. Paul, Minnesota 55113 0 612 636 4600 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COSTS AND ASSESSMENTS CONCLUSIONS AND RFCOMMENDATIONS APPENDIX - COST ESTIMATE DRAINAGE PLAN - 2 - Rpt13933 Page No. 1. 2. 3. 3. 4. J INTRODUCTION The City of Orono has requested this report to determine the feasibility of constructing storm sever in the Highwood Lake Minnetonka Subdivision. The existing storm sewer system does not provide adequate capacity for the drain- age area. The residents in the area experienced significant flooding during the July rain storms. Two alternates are provided to upgrade the storm sever system. Alternate I would provide for constructing the storm sewer down an existing alley east of Lot 11. Alternate II would provide for constructing the storm sewer along the alignment of the existing pipe. The storm water runoff from Highwood Road drains to the lake between lots causing erosion problems. Modification of the crown on Highwood Road and the placement of a berm curb is also proposed as a part of this project. DISCUSSION The Highwood storm sewer drainage area is approximately 8.6 a,-res as shown on Figure 1. The park area north of County Road No. 19 drains to the north across County Road No. 151. The drainage area is currently served by an inadequate storm sewer sys- tem. The outfall line consists of a conglomerate of pipe types and sizes put together as development occurred. The construction of a new storm sewer sys- ten, is desirable to solve the current problem. - 3 - Rpt13933 Two alternates are provided for constructing the outfall line. Alternate One provides for following the existing alignment and Alternate Two provides for moving the outfall line west to an alley. The area where the outfall line is proposed for either alternate is congested. Construction will result in considerable disruption of existing driveways and yard areas. The outfall line should be constructed as 21 inch reinforced concrete. The street modifications on Highland Road vould consist of placing a var- iable thickness (1/20 to 30) bituminous surface vith a berm curb to control the runoff. The storm water runoff would be directed northeast into the new storm sewer system. The proposed street modifications will raise the street grade. This could exacerbate some current grade problems between the street and the garages. PROJECT COST AND ASSESSMENT The project cost and assessment rates for the storm sewer improvement are outlined in this section with a detailed cost estimate provided in the Appen- dix. The indicated prices are as projected for the 1988 construction season (ENR 4500). Estimated Project Cost Alternate I Alternate II Street Modifications 4 - Rpt13933 Total Cost $19,500 25,000 8,250 Cost/S.F. Cost/L.F $0.07 --- 0.10 --- --- $ 13.75 -4/ Q/ Z-7 &Zee eso 1*1-17 '; ?'Z 14, dv a o , av-0 ad, The project costs are proposed to be assessed to the benefiting property iowners in the drainage area on a square foot basis. The street modifications are proposed to be assessed to the benefiting property owners along the street on a front foot basis. The estimates do not include costs for temporary or permanent easements necessary to construct the proposed storm sewer system. CONCLUSIONS AND RECOMMENDATIONS The project as reviewed herein is feasible as it relates to general engineering principals and const:'.. '.-on procedures. Based on information contained in this report, it is recommended that: 1. This report be adopted by the City of Orono as a guide for con- struction of the storm sewer improvements it L►•k_' Highwood area. 2. The City conduct a legal and fiscal review of the project prior to a public hearing. 3. A public hearing be held to determine further action to be tak- en. The property owners in the drainage area which are proposed to be assessed should be notified for hearing purposes. 4. The following schedule be followed if the project is to proceed: Receive Preliminary Report March 14, 1988 Hold Public Hearing April 11, 1988 Order Plans and Specifications April 11, 1988 Approve Plans and Specifications April 25. 1988 Receive Bids May 13, 1988 Award Contract May 23, 1988 Start Construction June 6, 1988 Complete Construction June 30. 1988 5 - Rpt13933 APPENDIX COST ESTIMATES HIGHVOui. STORM SEVER IMPROVEMENT ORONO, MINNESOTA I STORM SEVER - ALTERNATE I 280 Lin.ft. 21' R.C.P. @ $30.00/lin.ft. $ 8.400.00 2 Each Catch basins @ $1,000.00/each 2,000.00 1 Each 21' R.C.P. Apron @ $1,000.00/each 1,000.00 280 Lin.ft. Restoration @ $10.00/lin.ft. 2,800.00 Subtotal $14,200.00 102 Contingency 1,400.00 Total Construction $15,600.00 252 Legal, Engineering, Admin. 3,900.00 TOTAL PROJECT COST ................................ $19,500.00 STORM SEVER - ALTERNATE II 390 Lin.ft. 21' R.G.P. @ $30.00/lin.ft. $11,700.00 2 Each Catch basins @ $1,000.00/each 2,000.00 1 Each 210 R.C.P. Aprons @ $1,000.00/each 1,000.00 390 Lin.ft. Restoration @ $10.00/lin.ft. 3,900.00 Subtotal $18,600.00 10Z Contingency 1,860.00 Total Construction $20.460.00 252 Legal, Engineering, Admin. 5,120.00 TOTAL PROJECT COST ................................ $25,580.00 i j STREET MODIFICATIONS 600 Lin.ft. Street Overly @ $8.00/lin.ft. $ 4,800.00 600 Lin.ft. Restoration @ $2.00/lin.ft. 1,200.00 Subtotal $ 6,000.00 1OZ Contingency 600.00 Total Construction $ 6,600.00 I 25Z Legal, Engineering, Admin. 1,650.00 TOTAL PROJECT COST ................................ $ 8,250.00 6 - Rpt13933 PARK N - t Scale I'= 200' �-- Drainage Boundary 6.am LAKE MINNETONKA i 0 z 0 Q O a_ E z D O U j----Ex;1in,1Stm S�w r Proposed Storm Sewer Street Construction BONESTROO. ROSENE. ANDERUK I HIGHWOOD STORM SEWER is ASSOCIATES. INC. PROJECT NO. 87 - 4 Er.gineers do Architects I St. Paul. Minnesota Dote: Cr,n .n. 13933 Figure Project No. _ ,q>y-1 Project Name ,f �=-� Date y%a L N Resolution No. a r `e .T Resolution Date Municipal Code No. Prepared By _ o. of Interest Rate _ Plat Parcel Lot Bloek Addition Area feet Units Ass. Rate Total Ass. Name Address Ltscet4neous P.I.D. No. 4166 Highwc n 2 7 •• 4150 Ilighwod Yju .: 4148 H ighw od Zr ,1,^�� •_ 4140 Hig s •, i2 n,o *ry 4132 Hig 4116 Hig tZ 9 c'n1 •„� - 4108 HighlKod 4104 High 3 ��:r'• Iq yr J 174ro �r'�'•— '-g hwod r` F,1 rth Shore Dr F / r�o i • ,� rn nog 7 )/.) •- 7on'— 4150 ;iiqhvxod uO r•, oo� Shore Dr � 5175 North 7W.) 7") = rr VZ 10,003 n y � r2£O F,7 = 4196 North Shore Dr 4=07 ,r n �l * Indicates more than one P.I.D. J Project No. 1l' -, { -1 Project Name %� • F ��^• ��^-r^ ' — Resolution No. �1f� ' 'f' T Resolution Date _ Mu-11-Jpel Code No d.e ------- Q. Date `//Ic /P Levy No. Sheet of — Interest Rate Addition Area Feel —�— 1 Ass. Rate Total Ass. Name Address I Miscellaneous P.J.D. No. Plat Parcel Lot Block 140 North Shore Dr 117-21 -7 -YY-J? Orono ro oo� Orono S� sow _ s��•' Orono M Orono 1,1 oo') log•= Orono '7 — — Orono — h t 00 Orono r9 lu oo r -7 Orono 7,1 7' ._ 2Q7,VSD 2",A21 * Indicates more than one P.I.D. �-� No. __ rr�-� Project Name. r_ �'•� Date y�i? eta• Proi — Resolution No. _ �,.1,%, : ' Res^lution Date _ Mt-icipal Coc: • —c. _. Levy No. Interest Rate _ _ Prepared By JP ' Sheet of P.I.D. No. Parcel Lot Block Addition Area Feet r1 Asa. Rstr Total Ass. N-Ime Address Miscettaneow% 3,1 -154075 ;' „7 13 -7 44a igY -_ to s� .a7 z• 4079 Hia[h II So c,tit- 4091-t0u .. 'd y a c.�s'' 4099 >e,q} — t3 _ y.") 4101 H Lghw cad 41 U 5 Hi 4 i09 Hig od yO i _� 4125 ui -hvK od L — �--- 17 1145 Hijilw od * Indicates more than one P.I Mound, Ell., 5536h April K, 10'sn r1 .. r1r , ..,���r• �i,:.l : �• '� ••'• a ren�rt�-•gin'. It h-is core o try r ' t-ntiun that 2 rout^c are being considerecl for a story-, apwer to carry the flnl- o; rr.-)unei water fror' the west si,:e of Hifhwooc' Roar to lake Fianeto-t-a. I are cor!oletel;; ono-Sed to tl:e proposer' route that follows the existing private stn,• seater ttrour.h %he Jongries, NcCurey atir' lbeobale properties. I cannot slln••• ry nronertv to be torn un to renlace a story^ sewn that very aaenuately hanale4 the r.- :later runoff fro^ our three orotx .ties. Ne nurchaseO, instnl]sA anr' have r^aintnined our storR sewer- without City -oney er assistance, but with their full knowleege. The --ter has only backer' up twice since it was installer'. The 1C0 year floo-' water we ha,' in 1975 took about 3 -'ays to run off. This was because a neiphborhoo, 1, % threw a lame rock down one of the manholes any' it bl-ict-c, "a floe- of •jat mr ou'. of the Sauer property. I h3•' to probe with a r)lu-' ori: , 5n4ke and then dir down, in:.o the nine to rer.ove the rock. Once 1L -ns rer•-vas:, -.'-.e water -i- n off in a few hours. (Bill Sime oLmed the 7oneries Droner v at that ti-e am can attest to this.) :7 e '. ryear flood •eater are hac! in 19A.7 ran off in about 12 hours. ?r•c r-'inr to -•'?at' er nLrea'1 s'..itistieR tl iG a --aunt of rain should not occur again in - •. tl.r-nurh ^": 0*c%r :V; orooerty nnw has store^ anc? s:anitar • sewer i;n►'er it. With •-y nee..• 3 car Farape a .i blacktop driveway that I built alone this route in 19P7 there is no roo to do the excavation necessary to install a lamer stn-•^ sever pine. If a. extension of our stor- sewer rust be .-iilt west of Hirhwood Road, I aroulO bo in favor of tho route to the south through the fire lane (public access) vest of the VonPrieq property. This route for a storm sewer does not involve our privatp stcr•- se-.•,er or ry property ane therefore I krill not help pav for it. Sincerely yours, Dale . FcCur(4v coon: Hill Si-e Robert D. Metcalf Maurice U. Lazarus Ms. Dorothy City Clerk, P.O. Box 66 Crystal Bay, Metcalf & Lazarus Attorneys at Law 700 Title Insurance Building 400 Second Avenue South Minneapolis, Minnesota 55401 (612) 332.1417 Hallin Orono MN 55323 April 1, 1988 Re, Dr, and Mrs. Alexander Vongries 4051 Highwood Road, Orono, MN Storm Sewer Study, Proposed 88-1 Dear Ms. Hallin: Of Counsel to: Peterson, Engberg & Peterson Dr. and Mrs. Vongries were just leaving the country last week when they called regarding the Storm Sewer -"li9y. As their counsel, they have asked that I follow up ::n cer- tain of their concerns and interests in the proposed Project during their absence. They will be out of the country until the middle of May. I have requested of Mr. Gerhardson a copy of the Feasibility Study and related documentation of the Project Study. He informed me that he understood the first public hearing was set for April 25. Of necessity, Dr, and Mrs. Vongries will be unable to attend that nearing. May the matter be continued for first public hearing to a time in May, after their return? May the record of the first public hearing be continued as an open record until May when Dr. and Mrs. Vongries may respond? I would appreciate your call conveniently after receipt of my note so I may learn your thoughts and suggestions. MUL:mar Very truly yours, UZ Maurice U. Lazarus 1 APR — 4 Igg7 I! e�� PARK N Scale I"s 200' Drainage Boundary 6 Z O Cp00), Of r RpgO ►' z �V o f ` P xi ting St rm S r Y DU 1= R F to u-) Proposed Storm Sewer Street Construction LAKE MINNETONKA BON::STROO, ROSENE. ANDERUK HIGHWOOD STORM SEWER & ASSOCIATES. INC. PROJECT NO. 87 - 4 Engineer k Archltects St. Paul, AMlnnesoto Dote: Comm. 13933 ORONO COUNCIL MEETING HE146"4UNE 24, 1975 In reference to the Glen, Sauer complaint, 4104 Highwood Road, the following data hay 1, been reviewed: ' Mr. Sauer's north property line consists of a low area that contains a drainage ditch that drains a considerable watershed area to Lake Minnetonka. The natural drainage ditch drains to a 24" culvert located on Highwood Road, which at an earlier date, private individuals have connected to an 8" private drain tile. This ti13 does empty into Lake Minnetonka. The reason for the 8" the being constructed was to prevent erosion whi^.h occurs when surface drainage of a natural watershed drains on a 5-7% slope. The tile line which was installed 10-20 years ago, does function. When heavy rains develop, it cannot adequately carry all the water received from a 24" culvert and a seven acre watershed; consequently, water does build up and stand on Pir. Sauer's property. His low area does drain when the watershed ceases to receive water from up stream. The only solution, which has been relayed to �401 Mr. Sauer, is a public storm sewer constructed )oa a public easement, which can be maintained properly. He will tale this rndnr r' ^^nt. Butler moved, Paurus seconded, to adopt Resolution #613 Supporting Request For Design- ation Of Orono Sewer Serving Minnetonka Beach As A I•letropolitan Interceptor. I•lotion, Ayes (5) - Nays (0). Paurus moved, Butler seconded, to request staff and Orr-Schelen-I4ayeron, consulting engineers, to proceed with negotiations with the Metropolitan Council and Metropolitan Sewer Board as required to finalize Ietropolitan acquisistion of Orono sewer lines serving Iinnetonka Beach. Elation, Ayes (5) - Nays (0). Paurus moved, Butler seconded, to adopt Resolution #614 Pertaining To $1,700,000 Sanitary Sewer Improvement Project 73-1 To Be Assessed And Ordering Preparation Of Proposed rAssessment. Motion, Ayes (5) - Nays (0). l The City Council requested the City Attorney to place the park fees, bike/hike trails, 26' Page 6 GLEN SAUER DRAINAGE COMPLAINT 4104 Highwood Road RESOLUTION #k613 Minnetonka Beach Interceptor METRO-ORONO SL.1ER LINE RESOLUTION 4614 Ordering Assessments 73-1 ATTORNEY'S rEPORT Next Agenda 'Ttro G Borestloo, PE Bonest= RobePC � Joseph w *. PE J" A Lemberg, PE Rosene RKrardd Turner. PE RKmard E Anderlik & is n� R Cook. PEE Assoelates Thomas E moves, PE Robert G Sc"unKht. ►E Marvn L Soevala. ►E Engineers a Architects May 19, 1988 Honorable Mayor and City Council City of Orono Box 66 Crystal Bay, MN 55323 Keith A Gordon. PE Thomas W Polrwwn. PE RKhand W Foster. ►E MKhael C lynch. PE Doarld C Sur"rdt. PE James R Maland. PE Jerry A Bourdon. PE Kenneth ► Anderson. PE Mart A Hanson. PE Ktmh A Bachman. PE Ted K Field. PE Mart R RDIh. ►E MKhael T Rautmann, /E Robert C Russek. A I A Robert ItPfeNerle. ►E Thomas E Angus. PE Wind O Loskota. ►E Howard A SaMod. ►E Re: Highvood Storm Sewer Improvement - Report Supplement Project No. 87-4 File No. 13933 Dear Mayor and Council: Charles A EnKk$On Leo M Pawelsky Harlan M Olson Susan M Ebemn Mart A Serp This report supplement to the Highwood Storm Sewer Project reviews two addi- tional options for controlling the storm water runoff from the drainage area. The feasibility report provided for construction of a 21 inch outfall line. This report supplement reviews Option II which provides a twelve inch outfall line and Option III which provides a ten inch outfall line. Option I as provided in the feasibility study would allow a discharge of between 0.5 and 1.2 cfs until the water in the Sauers backyard reaches elevation 947.5. The water would then be discharged at a rate equivalent to a 5 year storm return frequency (17.5 cfs). Under Option I, the water could reach an elevation of 948.0 for a 100 year storm event. Option II would provide a 12 inch outfall line with a discharge capacity of (2.5 cfs). The water would back up to an elevation of 948 for a 5 year storm event. The water would backup to an elevation of 949 for a 100 yea- storm event. Option III would provide a 10 inch outfall line with a discharge capacity of 1.5 cfs. The water would backup to an elevation of 948.5 for a 5 year storm event. The water would backup to an elevation of 950 for a 100 year storm event. The smaller pipe size for either option II or III would reduce the project cost slightly. The following is a summary of the project costs for each option: Pine Size Pro . Cost Assmt. Rate Option I 21" $19,500 $0.066 Option II 12" $17,600 $0.059 Option III 10" $16,800 $0.056 Page 1. 24 2335 West Highway 36 • St. Paul, Minnesota SS113 • 612-636-4600 City of Orono Orono, MN Re: File No. 13933 May 19, 1988 There is no overland drainage route for the Sauers backyard that would provide a safety valve. The water ponded to an elevation of 952 (approximately) dur- ing the July 1987 storm. This is not acceptable because of the property dam- age resulting from the high water. We would recommend that Option I (Alter- nate I) as outlined in the preliminary report be followed. This Option would provide better water quality being discharged into Lake Minnetonka for small, more frequent storm events. This Option would provide the capacity for hand- ling the major storm events with only a small loss in water quality. The risk for property damage is also reduced with Option I. The City may desire to obtain a drainage easement over the Sauer property as a part of this project. This would allow the City to control use of the ponding area. The project costs do not include easement costs for the ponding area or the outfall line. Any of the three Options proposed would provide an acceptable method of hand- ling the storm water discharge. We would recommend that. Option I be construc- ted if the project is to proceed. Yours very truly, BONESTROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li Page 2. 24 MINUTES UP 111B REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 ATTENDANCE 7: 0 0 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Sime, Peterson, Goetten, and Callahan. The following represented 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: i20-Salary Adjustment - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. RESOLUTION OF RECOGNITION CHIEF MBL'YIN 1CILB0 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 tha 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. HIGHMOOD ROAD AREA STORM SEWER PUBLIC HEARING 7:04-7:34 The affidavit of publication and certificate of mailing was noted. City Administrator Bernhardson explaineu the that the purpose of the public hearing was in response to a petition submitted last fp-l i : y residents in the Highwood area conce)ning the stormwater problem, principally focused or. the severe storm last summer and previous drainage problems ir. the area. Two alternatives have been dEtermined to best solve the problem based on the feasil)ility study done by the City Engineer. These alternitiv?s ar2 as follows: I. Construction of o 21" s}orm sewer pipe down an existing alley east cF ',ot 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 BIGHWOOD ROAD STORM SEWER CONTINUED City Engineer Cook reviewed the alternatives estimated t project costs as follows: Alternative I - $19,500 Alternative II- $25,000 He noted that Alternative 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 be $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 Ackerberg 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 ageinst the City'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 int, e lake, it only speeds up the process to reduce the p aq period. Jan Ackerberg stated that this .ds never a problem prior to Mr. Sauer's improving his undeveloped yard area that was always used as a drainage area. *]ow 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. 2 , MINUTES OF THE REGULAR ORONO COUNCIL MEETING FIELD APRIL 25, 1988 HIGHMOOD 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 lea-•e as is, or possibly purchase or obtain easements over certain properties to allow ponding which will help control the rate of discharge, but again, all 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 pine came to be. Jan Ackerman stated that the pollution and water control agencies have suggested a holding Brea. 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 :...ts 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 times. Regar(:ing 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. Councilmember 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 thE.t temporary easements would need to be obtained for the construction to be done. Curt Quady, 1223 Brown Rd. S., questi.on;d the costs to the City of Orono listed in the proposes cost sheets. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 25, 1988 HIGER400D ROAD STORM SEWER CONTINUED Public Works Director '-rhardson stated those costs were for the City owned pi ,erty in the Hi.ghwood area. There were no more comments from the public on this matter and the public hearing was closed. Councilmember Goetten asked if the petition contained 35% of the affected property owners. Public Works Director Gerhardson responded that the petition did meet the 35% petition requirement. Councilmember Peterson noted that 3 of the 7 petitioners were not listed in the proposed assessment cost sheets. It was noted that after the feasibility study was done, it wa- determined that these thr=.P properties did not direc_ly 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 undertake . Councilmember Sime did not feel that the actual problem 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. Councilme-':ter Sime asked if a ponding area could be provided on the City property to help alleviate some of the drainage? 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 nct,--d that many trees would need to be removed and major land alteration would need to be done to provide a pon6ing area on the City owned property. Moticn, Ayes 5, Nays 0. 4 / // c t.y / v 4-o 4 -4-7Z - 4 6 � 3 z. - r 4 ! -r- _ .�-e.�.�,--tom.. �"`� cL!'��•-- �c�,,�. c � ��- jam"'"' ILI P4 Lv 7 �C�f' L '�-- �•'�-7/u c�-fZ�yti. �L- . J�-c�l.G/"'C.-C-�� L MINUTES OF THE RBGULAR ORONO COUNCIL MEETIN41988 AITENDANCE 7:OC P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Peterson, Sime, Goetten, and Callahan. The following represented the City staff: City Administrator Bernhardson, Public Works Director Gerhardson, Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Police Chief Ki lbo, and City Recorder Peterson. City Attorney Barrett and City Engineer Cook were also present. CONSENT AGENDA* It was moved Councilmember Sime, seconded by Councilmember PeL:rson, to approve the Consent Agenda subject to removal of the following item: #31 - Wayzata Inspection Contract - requested by Councilmember Goetten Motion, Ayes 5, Nays 0. ANtM OF COMMSNI)ATION RESOLUTIONS OFFICER JAMBS MORONCEYNSKI OFFICER LARRY TOMCEWX Mayor Grabek rea' and presented Reso?L'_ions of Recognition to Off;.c..-s fames Morowczynski and Larry Tomcheck, commending them for their act of courage, bravery, and ur "issh devotion in saving a life during a rouse fire th -.cured on April 12, 1988. PLANNING COMMISSTnN COMMENTS Planning Coiaimi.srion Chairman Kelley was not able to attend the mpcting due to illness. PUBLIC i''10),41ENTS -Art Tourangeau, 2060 Spates :.ue.. .asked about the status of removal of a brush pile r -,e �!n,. cleanup of the property located at 1950 Shoreli.:e D, Zoning Administrator Mabusth st:.ted •-`.3t an inspector was dire•. tE-d t n inspect a � r operty, however has not reported back on the find::r,tR of the insepc:Lion. Mayor Grabek directed z_ aff to contact the owr-r of the property regarding the complaint. Councilmember Sime asked Mr. Tourangeau if the troblesn with th-_ lights from the bU , �.ing at 1960 booreline Drive hc,.•. .,,•gin corrected? Mr. Tourangeau stated that the building rot currently occuriel-i so the lights have not been on, it v;ll be a problem once the bu_lding is occupied. 1 MINUTES OF THE REGULAR ORONO COUNC7t, MEETING HELD MAY 9, 1988 PUBLIC COMMENTS CONTINUED Staff stated that the lights referred to were not included and/or in the remodeling site plan, and staff will notify the owner of the building of this problem. -John Hollander, 200 Hollander Rd., voiced his concern with Orono Ordinance No. 9.12, Subd. 11 which states that all dog feces must be cleaned up within 24 hours which is more strict than many other Cities with small lots. He contacted about 50% of the Orono dog owners regarding this ordinance who were all opposed to this o"i n nce. He asked that the ordinance be looked into Me- -horoughly and maze it a more fair meaning con ..gent on the size of lot, whether one has a dog run, oL amount of acreage. He also felt that the leash law under Subdivision 2 which requires tha-c owners must leash their dog even on their own property is an unfair situation. He also felt that the requirement to have a permit for the keeping of horses which is an added expensi for horse owners. He stated that he moved out to Orono in 1956 in order to have animals like many other people have done. Mayor Grabek stated that the basis of the ordinance must be amenable to all residents wants and desires, some of which are animal lovers and some who are not. He stated that leash law and horse permit law are extremely important issues. He noted the ad placed in the Pioneer newspaper by Mr. Hollander regarding his concerns as stated above. Mayor Grabek showed the public photos taken by the Orono Police Dept. subsequent to a complaint, of the condition. of Mr. Hollander's dog kennel which houses 3 dogs. He stated that he is sorry if Mr. Hollander feels he is being treated unfairly but the City must take into consideration the welfare of its citizens as well as the. proper care of the animals. He advised Mr. Hollander that if he has any further complaints to address them through any 'Legal process he may have. (NOTE: Refer to Item 119 - Animal Control Regulations for further infomation in this matter.) Curt Quady, 1223 South Brown Road, questioned the intent of the Ordinance requiring dog waste be cleaned up within 24 hours in respect to property owners not owning dogs. City Administrator Bernhardson stated that the unlawful act is against the owner of the dog to permit the solid waste of the dog to remain longer than 24 hours (not the property owner), in addition the ordinance prohibits failure to prevent ones own dog from defacating in or upon public property or the property of another. 2 MINUTES OF THE REGULAR ORONO COUNCIL MES'.' _ .w dELD MAY 9, 1988 PUBLIC COMMENTS CONTINUED In reference to a report that the Orono Police are investigating the shooting of a dog, Mr. Hollander felt that the Police Dept. has not followed up on his missing cat which he believes his neighbors are involved in. Mayor Grabek directed Chief Kilbo to provide a written response to Mr. Hollander on this matter. ZONING ADMINISTRATOR'S REPORT: #1129 TODD WATERS 3061 CASCO POINT ROAD FrUAL SITE PLAN City Administrator Bernhardson explained the status of the required restoration of the lakeshore property at 3061 Casco Point Road. Applicant has submitted a final restoration site plan per Council direction , however applicant requests reconsideration by Council regarding the fill adjacent to the house. He noted that the storm sewer study project is pending a signed agreement from the applicant regarding the costs of the study, which is anticipated to be resolved in the next few days. Todd Waters was present for this matter and explained proposed final site plan. He noted the proposed hardcover trade-off of a pre-existing double retaining wall (which served as a window box) into two separate retaining walls, one of which in a different location. Regarding the fill adjacent to the house, if this is required the house would need to be raised 4-6" which may cause structural damage to the house, therefore, asks for reconsideration of requiring the fill and approval of the alternative site plan as proposed. City Engineer Cook concurred that placinq the fill adjacent to the house would require the house to be raised in order to put in the concrete wall, which presents the potential for structural damage to the house. Councilmember Goetten asked City Engineer Cook when the storm sewer study will be done, and voiced concern on how the applicants proposed amendment, if approved, would impact the drainage in the study. City Engineer Cook stated that the study should be completed in two weeks. He stated to some extent the proposal will impact the drainage. MINUTES OF THE REGULAR ORONO COUNCIL MEETING NET MAY 9, 3989 #1129 NATMRS CONTINUED Councilmember Goetten felt that this matter should be tabled until the May 23rd Council meeting pending the completion of the study. Mayor Grabek asked if this matter is in litigation? Mr. Waters stated that he has decided not to legally pursue the matter and wants to solve the matter between the Council, staff, and himself as soon as possible. Mayor Grabek stated that he felt applicant should be required to fill in the dirt and alter the foundation because of what was done to tLe lakeshore. Councilmember Sime felt that Mr. Waters has tried everything he can to rectify his mistake and would be a tremendous hardship to rase the house, therefore, feels that the proposal is a reasonable compromise following the intent of restoring the land as it was. He would be in favor of Mr. Waters' proposal. It was Councilmember Callahan's understanding that the proposal is in the area of where the catch basin is likely to be and also felt the study should be done prior to taking action. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to table Application #1129 until the May 23, 1988 Council meeting. Motion, Ayes 4, Nays 1. Mayor Grabek voted ray. Motion carried. f1174 CRAIG ANDERSON* 375 LEAF STREET/3300 FINAL PLAT APPROVAL RESOLUTION #2420 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2420 approving the Plat of Rebecca Woods for Craig Anderson at 375 Leaf Street/3300 Bayside Rodd. Motion, Ayes 5, Nays 0. BAYS'_DE ROAD 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING IM MAY 9, 1986 i1218 ESTATE OF RUTS SMITH 387 ON = ORCHARD ROAD SUBDIVISION REBOLOTION i2421 Attorney John Rrenn was present representing the Estate of Ruth Smith. Councilmember Callahan removed himself from the Council for this matter due to his direct interest in the application. City Administrator Bernhardson explained the status of the two lot plat application. All issues have been resolved except for the septic matter which was the basis of the Planning Commission's recommendation of denial. Mr. Dettloff has indicated, through a letter from his attorney, that he would relocate the septic system if it is found to be encroaching upon the lot line or setback. Staff recommends preliminary subdivision approval subject to this condition and subject to resolve of the classification of soils type of the designated wetland prior to final plat approval; and subject to advising the future owner of Lot 2 that legal access must be obtained via an adjacent property if subdivided. Zoning Administrator Mabusth noted two changes to the drafted resolution as follows: 1. Replacing Edward J. Callahan, Jr. as the authorized agent of the estate with Winston R. Lindberg as personal representative of the estate. 2. Amend Condition #3 (last sentance) as follows: A future access corridor must be provided. Access cannot be provided via the designated wetland in Lot 2. Councilmember Goetten questioned if anything was required to make this subdivision legal after -the -fact? City Attorney Barrett explained that in order to sell this property, a subdivision is required so that it can be recorded, of which subdivision requires City approval, which will then solve the problem. Zoning Administrator Mabusth confirmed that the owner of Lot 1 has no problem with the access serving the existing residence in Lot 2 as proposed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2421 granting preliminary subdivision approval as amended. Motion, Ayes 4, Nayv 0. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING REED MAY 9, 1988 i1232 � BUILDERS, INC./CLEMENT C. KROLL* 60/100 S?ONBS BAY ROAD FINAL SUBDIVISION RESOLUTION i2422 It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution 12422 approving the Plat of Betz Addition. Motion, Ayes 5, Nays 0. i1254 TRINITY LUTBERAN CHURCH 2060 SIXTH AVE•UE NORTH CONDITIONAL USE PERMIT/VARIANCE �OI.U'!'ICN i2423 City Administrator Bernhardson explained the application involving a commercial site plan, conditional use permit, and variance for construction of an addition to the Trinity Lutheran Church. He reviewed the following issues: 1) Last Fall a land alteration permit for grading was issued to allow the expansion of the parking lot which permits the alteration of up to 100 cubic yards, and it has been determined that approximately 300 cubic yards of fill has been placed as a result of the grading work which now requires a conditional use permit. 2) Staff finds that the existing septic system is on the verge of failing and the church has been unable to verity the size and capacity of the system. Based on the this information, staff recommends installing a new mound type drainfield system in conjunction with the proposed expansion of the church. 3) The landscape plan and lack of a lighting plan for additional parking lot lighting. 4) The Building Code requirement to install a fire suppression system in conjunction with proposed improvement of the building. There is no municipal water available to this property. He noted other properties in Orono's rural areas that were required to sprinkle the structures. Applicant has appealed to the City to waive the requirement for sprinkling the building, therefore staff recommends this matter be referred to a Building Board of Appeals composed of Council appointed individuals to address alternative interpretations of the code and possible alternatives to the traditional sprinkler system. John Lundquist, representing Trinity Lutheran Church was present for this matter. He asked why staff felt that the septic system was on the verge of failure when they are not having any problems with it? 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1254 TRINITY LUTBERAN CHURCH CONTINUED Assistant Zoning Administrator Gaffron stated the symptoms of imminent failure include wet ground and high grass above the presumed drainfield during a particularly dry season. The Orono City Code adopted in 1978 places the responsibility on the City to review the septic system serving the property prior to approving request to upgrade the structure, to assure that the septic system will continue to function properly for the added use. He noted that the church has been unable to verify that the system has a reasonable chance of --ontinuing to function. It was noted that this is the same requirement that would be imposed on a residential property owner proposing improvements to the property. Mr. Lundquist asked the Council to keep in mind that the applicant was not just an ordinary residence or business but is a church with limited funds and has many other uses for these funds. He felt that if the church can produce findings indicative of a functioning septic system at this time, that they be allowed to obtain building permit without the installation of a new septic system. Regarding the issue of requiring a fire suppression system, Mr. Lundquist noted the cost of approximately $100,000 and asked the Council for special consideration of this requirement. He noted that the new design of the building would help support the position that the sprinkler system is unnecessary. Mayor Grabek felt that most of the other issues could be worked out but did not feel he could make a determination on the drainfield and fire protection issues without further expert opinions. Mr. Lundquist requested that Council act on their proposed plan pursuant to the Building Board of Appeals review. Staff was unable to fully respond to questions the Councilhad regarding the process involved with a Building Code Board of Appeals and would obtain more information for Council on this process. Councilmember Goetten voiced concern with the lack of adequate parking lot lighting. Staff stated there. was existing lighting but would need to review it further to confirm it was adequate to cover the new parking area. 7 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 01258 TRINITY LUTHERAN CHURCH CONTINUED Councilmember Peterson asked about the status of daycare in this facility. Mr. Lundquist explained that presently the church has an Early Childhood preschool of approximately 50 children operating out of the church, but no daycare program is planned. Council and staff noted that the City has always required daycare and preschool facilities to be sprinkled. The Council felt that any daycare/preschool use was an important factor to requiring the fire protection system as well as updating the septic system and would not like the Building Board of Appeals to have the authority to make the final decision on these issues. Staff was directed to obtain information defining the scope of review and process of the Building Board of Appeals for the Council. Mr. Lundquist requested Council approve the conditional use permit sul.,ject to the septic system being reviewed in accordance pith City guidelines and building permit process; and acceptance of the staff recommendation for the sprinkling system subject to giving them the opportunity to go before the Building Board of Appeals on this issue. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2423 approving the conditional use permit subject to: 1. Resolve of the stockpiled fill on the property. 2. Requiring the septic system be updated. 3. If additional lighting is planned, the plan be approved by staff. 4. The fire protection per Statue and City Code be adhered to. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay stating she was not ready to make a determination at this time. Motion carried. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1968 i1255 ORVILLE FISHER 1991 FAQERNXSS POINT ROAD VARIANCE RESOLUTION i2424 City Administrator Bernhardson explained the request for hardcover and lakeshore setback variances to construct minor additions and revamp garage and driveway areas . Assistant Zoning Administrator Gaf.fron reviewed the proposed improvements and landscape plan. Councilmember Goetten voiced concern that a mature maple tree would be required to be remo-7ed due to the la• out of the proposed improvements and felt that possi.i- redesign of the plan could save the maple tree. Orville Fisher was present for this matter and stated that they tried many alternatives to save the maple tree to no avail. Mayor Grabek asked if all the neighbor's concerns regarding the grading and shed location have been resolved? Assistant Zoning Administrator confirmed that these concerns have been resolved. It was moved by Councilmember Callahan, sevonded by Councilmember Sime, to adopt Resolution 12424 granting the variance and conditional use permit per staff and Planning Commission recommendation. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay because she felt something could be done to keep the maple tree. Motion carried. #1256 KITi'ROPOLITAN WASTE CONTROL COMMISSION COUNTY ROADS 84, 51, AND 19 CONDITIONAL USE PERMIT/VARIANCE RESOLUTION 92425 City Administrator Bernhardson explained the request for :•cnditional use permits and variances for construction of the interceptor of which some portions will be located within the 0-75' area; and construction of lift stations in conjunction with the project. Zoning Administrator Mabusth noted that the necessary public hearings were held and received very few public comments. Councilmember Goetten noted the 15 month time period involved in this project and the fact that conditional use permits and variances are only valid for one year after the date of approval. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1256 MNCC CONTINUED Zoning Administrator Mabusth explained that the project must be started within one year of the date nf approval, the project does not have to be completed within the one year time period. It was moved by Councilmember Sime, seconded by Mayor Grabek, to adopt Resolution #2425 granting a conditional use permit and variance. to the Metropolitan Waste Control Commission per staff recommendation. Motion, Ayes 5, Nays 0. #1259 WILLIAM ODDEN 3450 WORTH SHORE DRIVE VARIANCE RESOLUTION #2426 William Odden was present for this matter. City Administrator Bernhardson explained the request for a 75-250' hardcover variance to construct a 3-stall detached garage. The construction and proposed hardcover removals result in a decrease from the existing 38.8% 75-250' hardcover to 37.3%. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2426 approving the hardcover variance as presented. Motion, Ayes 5, Nays 0. #1260 JOHN NYQUIST 1432 MLDUR PARK ROAD VARIANCE RESOLUTION #2431 John Nyquist was present for this matter. City Administrator Bernhardson explained the request for side setback, street setback, and hardcover variances to allow construction of a detached garage. Planning Commission recommended approval of the requested variances subject to a substantial reduction in the overall hardcover. He noted that a number of years ago the hardcover rules were such that plastic covered rock beds were not considered hardcover as they are now. He also noted the after -the -fact patio constructed on the property in 1982. Assistant Zoning Administrator Gaffron explained that the hardcover as it exists, the original proposal, and the revised hardcover proposal accomplishing the recommendation of the Planning Commssion. He noted that the Planning Commission recommended no hardcove: increase from the existing 40.9%, however, since the Planning Commission review, recalculation of the 10 MINUTES OF THE REGULAR ORONO COUNCIL MEETING BET MAY 9, 1988 #1260 NYQUIST CONTINUED existing hardcover has been determined as 46.3%. Staff drafted a resolution based on Planning Commission's recommendation of no increase over the existing hardcover. Councilmember Goetten felt that 46% hardcover is excessive and suggested that the application be sent back to the Planning Commission for reconsideration of their recommendation based on this revised existing hardcover calculation. Mr. Nyquist explained how he discovered the hardcover discrepency and brought it to st ff's attention. He stated that he int rpreted Planni n i Commission's recommendation to mean no increase cl, *he existing hardcover irregardless of the change ir. :1 existing hardcover amounts. Assistant Zoning Administrator Gaffron reviewed the revised proposal which decreases the 75-250' hardcover to 44.4%. He noted a few other options to decrease the hardcover in the 75-250' to 41.94 and 34.3% within the 0-75' area. Councilmember. Goetten felt that the lower hardcover amounts were more acceptable to her. She also noted the proposed loft area in the garage and felt the resolution should note the prohibited rental use of this area. Mr. Nyquist stated that he intended to use this area for a workshop and storage. Staff stated they would amend the resolution to reflect the prohibted rental use of this area. Councilmember Callahan felt that the walkway around the garage to the house and brick walkway to lake should be eliminated to reduce the hardcover. It was moved by Councilmember Goetten, seconded by Councilmember Callahan, to approve the variances subject to removing the brick walkway within the 0-75' to the lake and the 75-250' hardcover not to exceed 40%. Mayor Grabek felt that the walkway around the garage was necessary because there was no other way, except to walk through the garage, to get from the driveway to the house. 11 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 #1260 NYQUIST CONTINUED Councilmember Sime concurred with Mayor Grabek and felt that the walkway to the lake should also be allowed to remain noting that the applicant has agreed to remove a tremendous amount of hardcover already. Councilmember Goetten stressed that this severely limited lot consisted of 40% hardcover and strongly felt that applicant must give up a little in exchange for his request. Motion, Ayes 2, Nays 3. Mayor Grabek and Councilmembers Sime and Peterson voted nay. Motioi. fails. It was moved by Councilmember Sime to approve the the variances with the hardcover removals as indicated and allowing a 2' wide sidewalk around the garage and the brick walkway to the lake. Mayor Grabek asked if Councilmember Sime would consider amending his motion to require removal of the brick walkway to the lake? In order to pass this variance, Councilmember Sime agreed to amend his motion to require the remo al of the brick walkway within the 0-75' to the lake. Motion seconded by Councilmember Peterson. Motion, Ayes 3, Nays 2. Councilmembers Callahan and Gce en voted nay. Attorney Barrett stated that the granting of a variance requires a 4/5ths majority vote. Therefore, motion fai?s. Based on this fact, Councilmember Callahan suggested that Council send this application back to Planning Commission for consideration of a revised proposal from the applicant. It was moved by Mayer Grabek, seconded by Councilmember Sime, to submit this application back to the Planning Commission 'co review a redesign. Motion, Ayes 5, Nays 0. ADDENDUM: On May 11, 1988, City Attorney Barrett reversed his position regarding the need for a 4/5th vote to approve the variance. Barrett noted that his research indicates the statutes do not require a 4/5ths vote for a variance, but merely a simple majority (3-2) vote is required, hence the motion receiving a 3-2 vote is considered as approved by adoption of Resolution 42431 and the action to table has no validity. 12 MINUTES OF THE RRGULAR ORONO COUNCIL MEETING EMLD MAY 9, 1988 #1262 CURT HAGFORS 1412 BALDUR PARR ROAD VARIANCE RESOLDTION #2427 City Administrator Bernhardson explained the request to replace the foundation under the existing house and to construct major additions to the house and a new detached garage. The proposal consists of lifting the existing house and moving it temporarily into the 0-75' area while constructing a new foundation which will be located so that it meets the side setback and average lakesnore setback. There is no hardcover in the 0-75' zone and none is proposed. Hardcover in the 75-250' zone is proposed at 35.3% requiring a variance. The proposal also consists of removing an existing garage that is located 10' from the street lot line and replacing it with a new detached garage 17' from the street lot line requiring a variance. NATOR'S REPORT: Curtis Hagfors was present for this matter and noted that he proposes a sidewalk from the garage to the house instead of the stepping stones indicated on the survey. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2427 approving the proposal per staff re(. -emendation. Motion, Ayes 5, Nays C. Mayor Grabek reported that he will be appearing before the City of Long Lake Council on May 17, 1988. He plans to propose a joint Long Lake and Orono community effort of working together. He stated he intends to address the continued threat of annexation on Long Lake's part. PLANNING COMMISSION APPOINTMENT Councilmember Peterson stated that any of the five candidates would be qualified to serve on the Planning Commission noting that it is a difficult decision to choose only one individual for this appointment. It was moved by Councilmember Peterson to nominate Robert L. Minkema, 3200 Bayside Road, as a new Planning Commission member. Her nomination is based on Mr. Minkema's involvement with accounting practices with other cities; and his philosophy on what and how Orono should remain. There was no second to the motion. Motion fails. 13 MINUTES OF THE REGULAk ORONO COUNCIL MEETING HELD MAY 9t 1986 PLANNING COMMISSION APPOINTMENT CONTINUED It was moved by Mayor Grabek to appoint Sara Moos, 2160 Webber Hills Road, as the new Planning Commission member for the Orono Planning Commission. His nomination is based on Ms. Moos' philosophical attitude of Orono is consistent with the majority of the Council; and her recreational and educational background. Motion seconded by Councilmemher Goetten stating that she was impressed with Ms. Moos' presentation at the last Council meeting and her letter submitted expressing her interest in the position and her phi losptty of the City of Orono. Motion, Ayes 3, Nays 2. Councilmembers Peterson and Sime voted nay. Motion carried. CITY ADMINISTRATOR'S REPORT: PROPOSED SALE OF PROPERTY - PHEASANT ROAD City Administrator Bernhardson reviewed the status of the possible sale of the City owned property cff of Pheasant Road. Mr. Messer, 2673 Pheasant Road, and his Attorney, Richard Indritz, we: present for this matter. No comments were made. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to further develop the appropriate documents for the sale under the terms outlined in staff memo dated 4/29/86. Motion, Ayes 5, Nays 0. NAVARRE PARKING LOT - DESIGNATED 2 HOUR LIMITED PARKING RBSOLU?ION 92428 City Administrator Bernhardson explained that due to the reconstruction on County Road 15, there has been a request from Navarre businesses to designate certain areas in the Navarre parking lot as two hour parking mainly because there have been problems with Park & Ride customers using many of the parking areas closest to the businesses. Public Works Director Gerhardson pointed out the areas referrer: to on the map. Councilmember Sime recommended striping the parking lot without cost to the City with the aid of the Boy Scouts and the donated use of a striper and guidance from his company. 14 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 NAVARAE PARKING LOT CONTINUED Public Works Director Gerhardson noted that t:,e par„irg lot has recently been swept and striping the lot has already been planned and included in the maintenance budget. He st _ed that the Boy Scouts could certainly help if they wanted to. It was moved by Councilmember Sime, seconded by Mayor Grabek, to adopt Resolution #2428 authorizing the Public Works Department to post "2 Hour Parking" along the south and west side cf the Navarre parking lot. Motion, Ayes 5, Nays 0. ANIMAL CONTROL RNGGULATIONS City Administrator Bernhardson noted that this issue was substantially discussed during the Public Comments portion of the meeting. The only outstanding issue is whether Council wants to direct staff to draft an amendment to the ordinances relating to dog licensing, kennel licensing, and farm animal regulation. John Hollander, 200 Hollander Road, was present and stated he believes his property (as well as some other properties) has been grandfathered in not requiring him to have a kennel license. His information is based on his discussions with five attorneys. He noted that the dog ordinances should be enforced fairly. He felt the the ordinance regarding the leash law of ones dog on ones own property should be looked at. Mayor Grabek stated that the Cicy attempts to enforce all ordinances fairly but it does not eliminate total compliance to City ordinances and laws. It was moved by Mayor Grabek, seconded by Councilmember Goetten, 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. Motion, Ayes 5, Nays 0. Mr. Hollander asked what action will be taken if he does not comply with this directive, noting he does not intend on doing so, based on the advice of four attorneys that he has been grandfathered in. Mayor Crabek stated that the City has many alternatives and will respond to this action at the appropriate time. 15 MINUTES OF THE RMGULAR ORONO COUNCIL MEETING EEI.D MAY 9, 1988 ANIMAL CONTROL REGULATIONS CONTINUED Mayor Grabek asked staff if there was some other way to address and solve neighborhood disputes (such as in this case) in order to eliminate excessive legal costs to the City. He noted that staff has spent a considerable amount of time and money dealing with Mr. Hollander and his neighbors' problem and that the City could not continue to be the mediator for this neighborhood. City Administrator Bernhardson noted that staff has in the past referred some cases to the West Suburban Mediations Center. Staff has sent a brochure on this program to Mr. Hollander and to the spokesperson of the neighborhood and hope they will voluntarily resolve these issues. Councilmember Goetten noted that this neighborhood also does not have a homeowners association. City Administrator Bernhardson reported that the residents did not entirely feel a homeowners association was necessary. Mayor Grabek made a plea to the neighborhood to get together to solve their problems and form a homeowne-- assocation. Councilmember Goe-ten asked if the City allows live trapping and if it is harmful to the trapped animals? City Administrator Bernahardson stated that the use of live trap is allowed and generally results in no injury to the animal. AFFIRMATIVE ACTION City Administrator Bernhardson reviewed the information to Council regarding the City's efforts in relationship to affirmative action planning. It was moved by Mayor Grabek, Sime, that the Council accept the City's affirmative action further action on the matter Ayes 5, Nays 0. seconded by Councilmember the information regarding plan status and take no at this point. Motion, 16 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 COUNTY 15 LIGHTING - COST ESTIMATE City Administrator Bernhardson presented the information regarding the lighting on County Road 15. He noted that the County is down from the 10% contract administration charge to 8% and staff will continue to work to reduce it further in consideration of the previous financial information submitted. Staff requests authorization of four cable crossings as an independent project which would be a savings cf approximately $1,300 if they chose to go ahead with the project. He also noted the bill from the County for L08 deposit as outlined in the agreement with the County. Councilmember Goetten asked if there would be anymore project cost increases? City Administrator Bernhardson stated that staff will contiue to work to reduce the costs and do not anticipate any further increases at this time. It was moved by Mayor Grabek, seconded by Councilmember Sime, that the Council direct staff to work further on reducing the cost of the project, authorize the cable crossing of four cables as an independent project and acknowledge payment of the down payment for the project as agreed to in the County 15 agreement. Motion, Ayes 5, Nays 0. ORDINANCE AMENDMENT - NOISY PARTIES ORDINANCE NO. 51, SECOND SERIES City Administrator. Bernhardson reviewed the proposed strategy to deal with large noisy parties by underage individuals. As part of this strategy, staff recommends Council adoption of an ordinance amendment to regulate noise as drafted by the City Attorney. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Ordinance No. 51, Second Series as an amendment to Section 9.20 and 9.21 to more definitively regulate parties which generate an inordinate amount of noise. Motion, Ayes 5, Nays 0. ORDINANCE AMENDNZNT - FEEDING OF WATERFOWL City Administrator Bernhardson reviewed the issues of detemining an approach regarding regulation of waterfowl feeding and adoption of language to undertake the direction. Staff recommends Council consider adoption of the proposed amendment, however await more information from Dr. Cooper of the University of Minnesota regarding the specific distance to limit the feeding. 17 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 ORDINANCE AMENDMENT - FEEDING OF WATERFOWL CONTINUED Councilmember Callahan asked why the City shouldn't just ban the feeding of waterfowl? City Administrator Bernhardson stated Council has that option. There were no comments from the public regarding this matter. It was moved by Councilmember Callahan, seconded by Councilmember Sime, to direct staff and City Attorney to draft an ordinance amendment regarding the feeding of waterfowl. Motion, Ayes 5, Nays 0. EQUIPMENT PURCHASE - GOLF COURSE* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the purchase of one greens aerifier from North Star Turf for an amount not to exceed $6,250.00. Motion, Ayes 5, Nays 0. WBSTONRA PUBLIC SCHOOL DISTRICT* RECREATIONAL FACILITIES MASTER PLAN It was moved by Councilmember Sime, seconded by Councilmember Peterson, that the Council accept the information regarding WestoA a recreational facilities., Motion, Ayes 5, Nays 0. E METROPOLITATH WASTE CONTROL COMMISSION BASEMENT* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the permanent easements for the MWCC lift station on platted unimproved right-of-way and a temporary easement for thel City property across from 1760 Shadywood Road and to, authroize the Mayor and City Administrator to sign the,!!! easement documents. Motion, Ayes 5, Nays 0. BOARD OF REVIEW RECONVENING* It was mcved by Councilmember Sime, seconded b3 Councilmember Peterson, to acknowledge the reconveninc date for the Board of Review as Wednesday, May 18, 198E at 7:30 P.M. Motion, Ayes 5, Nays 0. SALARY ADJUSTMENT - KURT ERICXSON* It was moved by Councilmember Sime, seconded b) Councilmember Peterson, to approve the pay adjustment for Kurt Erickson to $15.919 per hour based on tol patrol rate plus 5% longevity step rate effective April 18, 1988. Motion, Ayes 5, Nays 0. 18 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 CONPIMDATIONS * ABSOLUTIONS #2429 AND #2430 It was mo•►nd by Councilmember Sime, seconded by CouncilmemL r Peterson, that the Orono City Council adopt Resolutions #2429 and #2430 in recognition of Officer James Morowczynski and Officer Larry Tomeheck. Motion, Ayes 5, Nays 0. SPRING CLEAN-UP REPORT - DAY 1* It was moved by Councilmember Sime, seconded by Councilmember Peterson, to acknowledge information regarding Spring Clean-up Day 1. Motion, Ayes 5, Nays 0. WAYZATA INSPECTION CONTRACT Councilmember Goetten asked what the anticipated amount of time will be required of Orono staff. City Administrator Bernahardson stated that less than 5% of the Building Inspectors time is anticipated for this servi^e,. He noted that there is a recitrical agreement where .,if Wayzata inspector would assist Orono if neede Counc- . ar Callahan stated he felt there have been occass: :. In the past where some noticeable occurances within the City have been missed by staff, which may be a result of the service time given to Wayzata. It was moved by Councilmember Goetten, seconded by Councilmember Sime, that the City of Orono agree to enter with the City of Wayzata regarding the Building Inspection services contract as outlined in Attachment A to staff memo. 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: 1535 Bohns Point Road, DARE Program, City Facilities -Site Analysis, Minnesota City Managers Conference, Comprehensive Plan Amendment, Marina Licensing, and Goals and Objectives. Motion, Ayes 5, Nays 0. 19 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 9, 1988 CITY ATTORNEY'S REPORT: RECORDING REQUIREMINTS - OPEN MEETING LAM City Attorney Barrett reported on the State of Minnesota's requirements regarding the Open Meeting Law which has very few exceptions. The only two exceptions to the Open Meeting Law that may be relevant to Council proceedings are: 1) Labor negotiations - Taping of the closed meeting is required and becomes public information when the contract is completed. LXCENSES* 2) The privilege involving any pending or threatened litigation. These closed sessions are not required to be taped or later to become public information. According the the Data Privacy Act, any documents created for the litigation are considered private documents not available to the public for the pendency of the litigation or until such point that it appears the litigation is going to go away the documents then become public information. Regarding the Attorney -Client privilege, Councilmember Callahan asked to what extent conversations by the client would initiate this. City Attorney Barrett stated that in a private law suit situation where he has a document or a conversation with someone and claims an atto:,iey-client privilege to this information. This privilege can be lost if the document appears in the paper or otherwise given to third parties and becomes a moot issue in regards to privileged information. ------------------------------ City Attorney Barrett requested an Executive Session at this time to dif--!uss a settlement matter which is allowed under the :torney-Client Privilege. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installers - Quickway Excavating Coppin Plumbing Garbage & Refuse Collectors - Blackowiak and Sons Woodlanke Sanitary Service, Inc. East Tonka Sanitation Motion, Ayes 5, Nays 0. 20 BILLS• MIMOTES OF THE RRGOLAR ORONO COONCIi tTING HELD MAY 9, 1988 It was moved by Councilmember Sine, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. Motion, Ayes 5, Nays 0. ADJOURNMMY 9: 4 s P.M. It was moved by Councilmember Sime, seconded by Councilmember Callahan, to adjourn the regular Council meeting at 9:45 P.M. Motion, Ayes 5, Nays 0. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 21 51788.3 S C 14AY 2 31988 TO: Mayor and City Council CI. t- OF ORUNO FROM: Mark Bernhardson, City Administrator DATE: May 17, 1988 SUB:iECT: Resolution of Support for the L.M.C.D. Attachment A. City of Excelsior Letter Dated 5/9/88 B. Proposed Resolution - Supporting the L.M.C.D. I SS`JE 1. Determination as to whether the Council desires to adopt the Resolution currently being adopted and/or being considerr? by the other members of the Lake Minnetonka Conservation District. INTRODUCTION - As noted in Attachment A the L.M.C.D. is looking for support by resolution form from its members as it goes through a series of hearings with Metro Council together with attempts to head off a Governors critical area designation for Lake Minnetonka. ALTERNATIVES 1. Ad opt 2. Amend and adopt 3. Table 4. Choose not to support 5. Take no action RECOMMENDATION - It is recommended that the Council adopt ch Attament B in support of the Lake Minnetonka Conservation District. PROPCSED MOTION - Moved by , seconded by , that the Council i adopt Resolution No. _ _ indicating is continued support of the L.M.C.D. in its role as t relates tc Lake Minnetonka. Ayes , Nays OFFICE OF THE MAYOR CITY OF EXCELSIOR 3J9 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474.5233 May 9, 1988 TO: LMCD Mayors % FROM: Mayors Jim O1's, Ruth Sherman & Larry Donlin SUBJECT: Resolution Supporting the LMCD Enclosed you will find a copy of a resolution we are asking you to bring to your respective Council., for approval and to then forward to the LMCD office. Recent Metropolitan Council reviews of LMCD actions since 1986 show serious dissatisfaction. LMCD is perceived as unresponsive, procrastinating, and unwilling to implement planned activities. So serious is this concern, that they are considering re- commending the Governor declare Lake Minnetonka a "critical" area. Such action would usurp municipal planning and permitting ordinances. It is important that you take action immediately because within thirty days the issue will again come up for review and action. Thank you for your attention. If you have any questions on this matter, feel free to call me at 474-4139. Encl. cc: LMCD MAY " I9BB A RESOLUTION SUPPORTING THE LMCD AND THE COMPREHENSIVE PLAN FOR THE MANAGEMENT OF LAKE MINNETONKA WHEREAS the Governor's Task Force of 1983 directed the Lake Minnetonka Conser- vation District to provide the Lake Minnetonka Conservation District (LMCD) Board of Directors with a plan to indicate direction as to the future of Lake Minnetonka; and WHEREAS the Metropolitn Council's Task Force on Lake Minnetonka of 1986 also directed the LMCD Board to provide a comprehensive plan for the management of Lake Minnetonka; and WHEREAS a scope study for a preliminary plan for Lake Minnetonka was developed and approved in 1967; and WHEREAS other interested agencies have participated with the LMCD in the for- mation of an Advisory Committee on the Comprehensive Plan for the Management of Lake Minnetonka; that these interested agencies are: Gray Freshwater Foundation, Hennepin County Lake Improvement Section, Hennepin Parks Hennepin County Sheriff's Water Patrol, Metropolitan Council, Minnehaha C:O(-k ;atershed District, Minnesota Department of Natural Resources, Minnc.,.ta ollution Control Agency, and the Corps of Engineers; and WHEREAS the LMCD Board of Directors, upon recomiaendation of the Advisory Com- mittee, directed the consortia of Arndorfer/Barr in March 1988 to develop such a comprehensive plan for the management of the Lake; and WHEREAS the LMCD is seeking funding support on r regional basis for the Comprehensive Plan for the Management of Lake Minnetonka; and WHEREAS to proceed on a timely basis it is necessary that each member city of the LMCD show its support in developing the Management Plan for Lake Minnetonka; NOW, THEREFORE, BE IT RESOLVED, that the City of 1. hereby supports the LMCD in the development of the Comprehensive Plan for the Management of Lake Minnetonka, and 2. hereby supports the LHCD as the implementing agency of the Comprehensive Plan for the Management of Jake Minnetonka. Adopted by the City Council of the City of at its r:eeting on the _ _ _ day of _ ATTEST: , 1988. Mayor 51888.3 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION SUPPORTING THE L.M.C.D. AND THE COMPREHENSI`iE PLAN FOR THE MANAGEMENT Od LAKE MIONETONRA WHEREAS, the Governor's Task Force of 1983 directed the Lake Minnetonka Conservation District to provide the Lake Minnetonka Conservation District (LMCD) Board of Directors with a plan to indicate direction as to the future of Lake Minnetonka; and WHEREAS, the Metropolitan Council's Task Force on Lake Minnetonka of 1986 also directed the LMCD Board to provide a comprehensive plan for the management of Lake Minnetonka; and WHEREAS, a scope study for a preliminary plan for Lake Minnetonka was developed and approved in 1987; and WHEREAS, other interested agencies have participated with the LMCD in the formation of an Advisory Committee on the C'omprehenGive Plan for the Management of Lake Minnetonka; that these interested agencies are: Gray Freshwater Foundation, Hennepin County Lake Improvement Section, Hennepin Parks, Hennepin County Sheriff's Water Patrol, Metropolitan Council, Minnehaha Creek Watershed District, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and the Corps of Engineers; and WHEREAS, the LMCD Board of Directors, upon recommendation of the Advisory Committee, directed the consortia of Arndorfer/Barr in March 1988 to develop such a comprehensive plan for the management of the Lake; and WHEREAS, the LMCD is seeking funding support on a regional basis for the Comprehensive Plan for the Management of Lake Minnetonka; and WHEREAS, to proceed on a timely basis it is necessary that each member city of the LMCD sP:. its support in developing the Management Plan for Lake Minnetc,:-J ,:i; City of ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, TMRSFORE, BE IT RESOLVED, that the City of Orono 1. hereby supports the LMCD in the development of the Comprehensive Plan for the Management of Lake Minnetonka, and 2. hereby supports the LMCD as the implementing agency of the Comprehensive Plan for the Management of Lake Minnetonka. Adopted by the City Council of the City of Orono at its meeting on the 23rd day of May, 1988. James R. Grabek, Mayor ATTEST: ----------------------------------- Dorothy M. Hallin, City Clerk '`tritwifHG G:AY 2 3 19&9 To: Mayor Grabek and City Council Members City Administrator Mark Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 19, 1988 Subject: #1222 Jan Waye,1885 Concordia Street - After the Fact Conditional Use Permit - Resolution Zoning Distrct - LR-lC Pertinent Ordiances - Section 10.03 Subdivision 19 - Conditional Use Permit required for filling, reclaiming of lands, changing the shoreline elevations. Section 10.55 Subdivision 8 - Variance is required to alter etc. land within 0-75 feet of the lakeshore List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Reep Letter of 10/20/87 Exhibit E - Cook Letter of 11/10/87 Exhibit F Cross Profile of Shoreline Restoration Exhibit G - Cross Profile of Lakeshore Bank Exhibit H - Plan of Shoreline and Banks Exhibit I - Planr{ng Commission Minutes 11/16/88 Exhibit J - Clifford Peep Letter of 12/10/87 Exhibit K - James Robin's Letter of 12/3/87 Exhibit L - Robin's Sketch Plan Exhibit M - Minnehaha Creek Watershed District Permit Exhibit N - Staff's Sketch Brief Review Of Application The property substained severe erosion of the lakeshore banks as a result of the storm of July 23, 1988. The applicant worked with their contractor to resolve the erosion problem. Unfortunately, the City was not advised of this restoration work until after the project was completed. The City never had any input nor the opportunity to advise applicant of City's policy to encougage natural structures or landforms along the shoreline. One may argue the point what is more natural than the use of rock and boulders within the shorline area. It is the extent and intensity of use of the boulders through out the entire shoreline that is an issue. Staff has little experience with the method of bank restoration used by applicant. We have seen the use of boulder walls within the last two years throughout the City. As with many of the boulder walls reviewed and observed by staff, it is difficult to find any engineer that would ceritify the sturctural stability of this type of construction to prevent future erosion; but then again, this can be said for any of the retaining walls that have been used to restore banks damaged by servere erosion. The question for this review has been can vegetation be restored to the banks with this type of installation? Zoning File #1222 May 19, 1988 Page 1 of 2 Please review exhibits K and L, letter and sketch by James Robin, landscape architect. Robin claims that landscaping can be restored and has recommended specific types for each disturbed area within the lakeshore. The application was tabled after the November meeting of the Planning Commission pending furthe., meetings with staff, consultants and applicants contractor to determine exactly what phase of this installation could be allowed to remain. The application was returned to the May 16th meeting of Planning Commission with a final recommendation by staff. The planning Commission adopted the following staff recommendations. To approve the after the fact ,nditional use permit and variance application of Jan Waye for the property located at 1885 Concordia Street subject to the following conditions. 1. Area two as defined in the staff skecth exhibit H, consisting of crushed limestone rock and limestone boulders shall be removed and replaced with appropriate green area. 2. Area defined as "mid level restored green area" to retain existing grass crop and to be planted with Eastern Red Cedar and Isanti Red Twig Dogwood to provide the neccesary under ground root structure to prevent further eriosion. 3 to 4 boulders may remain in the area. 3. Limestone boulder wall on the north and south side of the access stair is to remain but must receive top soil in all joints to the full depth of stone mass and to be planted with Engelmann Ivy. 4. Area defined on staff sketch exhibit H as green area 1 is to remain as is with the crushed limestone rock. 5. Establish plantings with strong, deep root system at the top of the slope. Such as Black ChokeBerry, Isanti Dogwood, Creeping Juniper and Tawny Daylillies. The Planning Commission added the following condition. 6. Erosion control to be maintaned during entire restoration. Special care be given for erosion control within the boulder wall area until plants are established on the steep banks. The enclosed resolution has been drafted per the Planning Commission approving recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT MUNICIPAL ZONING CODE PER SECTION 10.03, SUBDIVISION 19 AND GRANTING VARIANCES PER SECTION 10.55, SUBDIVISION 8 AND SECTION 10.22, SUBDIVISION 2 FILE #1222 WHEREAS, Jan Waye, (hereinafter "the applicant") is the owner of the property located at 1885 Concordia Street within the City of Orono (hereinafter "City") and legally described as Lots 3 and 4 Coffee's Addition to Shady wood (hereinafter "the property"); and WHEREAS, the applicant has made after the fact application to the City of Orono seeking approval of certain land alterations and the installation of a boulder retaining wall within 75' of Lake Minnetonka were no land alterations and structures are allowed per Municipal Zoning Code Section 10.55 Subd. 8, and Section 10.22 Subd. 2 and per Section 10.03 Subd. 19, such activit.es would require a Conditional Use Permit. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1222. 2. The property is located in the LR-lC Lakeshore Residential Zoning District requiring a minumim 21780 s.f. or .5 acres. 3. The property is approximately 25000 s.f. or .57 acr.�?: area. 4. The Orono Planning Commission reviewed this applit.': 1 on May 16, 1988, and recommended approval of the requested iances and conditional use permit as amended based upon the following findings. a. The erosion to the lakeshore banks ..-as sustained by the severe: storm of July 23, 1987 and that al, r licant had no need to make any alterations to the lakeshore banks of the property prior to that storm. b. The improvements as amended by this commission appears consistent with the restoration projects approved by the City for other properties that sustained svere erosion from that same storm. property sustained severe damaged by that same storm. Page 1 of 5 City Of ORONO RESOLUTION OF THE CITY COUNCIL NO. c. The applicant and applicant's contractor had no understanding of the City's philosophy nor intent of the code regarding improvements within the lakeshore protected area. d. James Robin, a licensed landscape architect, in his letter of December 3, 1988 set forth a restoration plan for the replanting of the entire disturbed area. The restoration/replanting plan will provide for the immediate regrowth of planting on the steep lakeshore banks and within the areas to be restored. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit tc allow the existing improvements Within the lakeshore bank to remain as amended by the City will i,ot be ditrimental 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. F oposed level of t:se of the property will be in keeping with the in:. nt and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.55 Subd. 8 and Section 10.22 Subd. 2 that would allow certain land alterations performed within the lakeshore of the property to remain and to grant a conditional use permit per Section 10.03 Subd. 19, for the installation of retaining wall and the land alteration already performed and those that will be required for complete restoration of the lakeshore property, subject to the following conditions: 1. The limestone boulder walls or the north and south side of the access stair are to remain. Applica.it/owner must provide appropriate fill/topsoil in all joints to the full depth of the stone mass. The entire area is to be planted with Engeltrann Ivy as recommended by applicant's landscape architect James Robin. Page 2 of 5 City of ORONO RESO'_UTION OF THE CITY COUNCIL NO. 2. The area defined as the "mid level restored green area" to the east of the access stair and at the base of the boulder wall to retain the existing grass crop and to be planted with appropriate screening per recommendation of James Robin, with Eastern Cedar and Isanti Red Twig Dogwood. The 3 to 4 large b(-,•''ers may remain within the area. 3. The area to the south of cess stair and adjacent to the riprap along the shoreline ref-:. d as the extended riprap and pile of boulders shall be removed and appropriate green area to be restored. Applicant to consult landscape architect for approporiate restoration method . 4. Area defined as limestone crushed rock pathway running parallel to the riprap to the north of the access stair shall remain. 5. Applicant/owner to establish plantings with strong, deep root systems at the top of the slope as recommended in James Robin's report dated December 3, 1987. 6. -iplicant/owner to maintain adaquate erosion control during the ent restoration period. Erosion control must be maintained until grounu cover is restored with boulde walls on north and south side of access stair. 7. Applicant/owner shall meet with the Orono Zoning staff to determine appropriate inspection schedule during the restoration program. Restoration shall be completed by August 1, 1988. 8. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1989). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and asEigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 23rd, day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 4 of 5 Date Rec' d 16 rree 9.,?6f' el' Receipt Initials J CITY OF ORONO GENERAL LAND USE APPLICATIONf --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 1885 Concordia Street, Orono, MN 55391 Property Identification Number (P.I.D. ) 1711723230002 Please check one - Is the property abstract or X torrens7 (for Conditional Use Applications only) Please attach legal description to application if not included on required survey. Lots 3 & 4, "Coffee's Addition to Shady Wood" Henn.Co., MN --- -------------------------------------------------------------------- APPLICANT Phone ( home ) 475-3925 4 1 / G 7 O ,�-- Name jan Waye Phone (work) 475-7392 Address 1885 Concordia Street City Orono Zip 55391 --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone r r v r.r���► Address City ' .c , y 7-,n n,�n Date Property Acquired �� I ' ' (month/i"r%�Al �r X (do)ado not ) also own the adjacent parcels of land. — — — — — — — — — — — — — — — — — — — _ __..r.b::r::kW— FEES - CONDITIONAL USE PERMITS '-'= •0+ $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 X $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore X Bank Stabilization PRD/PID - see ---fee schedule OTHER APPLICATIONS $150.00 Commercial Sit Review (+ consultant fees) $250.00 Vacation $150.00 Easement VacatiL $ 50.00 Easement Vacation With Subdivision $250.00 Rezoning $200.00 Appeals Other -- see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Single gamily Residential Other (specify) -------------------------------------- ------------------------------------ DESCRIPTION OF REQUEST Describe request in detail: Repair bank and shoreline damage from July 3, 1987 storm, by placing red limestone rockin'tthe damagea areas. --------------------------------------------------------------------------- REQUIRRD 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 Cernter 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. 5. Construction plan, if applicable. 6. Plat Map. --------------------------------------------------------------------------- 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 i- mation required or requested by the Zoning Ad,...nistrator, agrees T. day 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. n Applicant's signatu Date I L(- 5I OWNBRS G� The owneSIrNATURE hereby ac o led es and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and v ific1atton of this request. Owner's signature ll Date +------------------- - --- ----------------------------------------------- Applicant must have al]� sub ittals into the City offices 25 days before the Planning Commission Nee�t, ing. Planning Commission Meetings are held on the third Monday of. each`mbnth. 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 arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. r RUN DATE 10/23/87 HENNEPIN C0UNTY PROPERTY INFCRMATION SYSTEM REPORT NO. P1435401 PROPERTY OWNERS LIST PAGE 3 BATCH 002 38 17-117-23 22 0015 38 17-117-23 22 0016 38 17-117-23 22 0025 PROP ADDR 01625 CONCORDIA ST 01785 CONCORDIA ST U1800 CONCORDIA ST O";ER NAME D A HALLO:JELL ETAL J A EHLERT t K A EHLERT P D A K J HANSEN TAXPAYER DAVID A HALLOWELL JOHN A d KATHERINE A EHLERT PAUL i KAREN HAHSEN NAM-c/ADDR 1825 CONCORDIA ST 1785 CONCORDIA ST 1800 CONCORDIA ST !" WAYZATA MN 55391 WAYZATA Mti 55391 ORONO MH 55391 38 17-117-23 22 0033 38 17-117-23 22 0038 38 17-117-23 23 0002 PROP ADDR 01815 FAGERNESS POINT RD 01855 CONCORDIA ST 01885 CONCORDIA ST j Oi4ER IIAME A 3 J RITCHIE V 6 V ANDERSON J R WAYE i P K WAVE - !j TAXPA. FR ALAN J RITCHIE VINCENT t VIRGINIA ANDERSON JAN R 3 PHYLLIS K WAYE NAME/ADDR 1915 FAGERNESS POINT S 1855 COtiCOR01A ST 1885 CONCORDIA FT ORONO MN 5>391 WAYZATA M44 55391 OROt;O MN 55391 r , 38 17-117-23 23 0006 38 17-I17-23 23 0007 38 1t-117-23 23 0008 PPOP ADDR 01920 CONCORDIA ST 01905 FAGERNESS POINT RD WNER NAME JOHN E WEIST ETAL LLOYD H DRAPER RUSSELL DEAN HAGEN ETAL ~' TAXPAYER JOHN E WEIST LLOYD H DRAPER FIRST BANK `�• NAME/ADDR 1920 CONCORDIA AVE 6015 GIRARD AVE SO ATTN ACCT OPERATIONS M7FE560 WAYZATA MN 55391 MPLS MH 55419 P 0 BOX A512 -.- MPLS MH 55480 38 17-117-23 23 0009 38 17-117-23 23 0010 38 17-117-23 23 O011 PROP ADDR 01913 FAGERNESS POINT RD 01921 FAGCRNESS POINT RD 01929 FAGERNESS POINT RD 9,,?iER NAME DAVID L SLAVIK S WIFE D L PETERS0N d E M PETERSON LLOYD OPAPER TAXPAYER DAVID L SLAVIK DAPRYL L PETERSON LLOYD H DRAPER t;AME/ADDR 1913 FAGERNESS PT RD 1921 FAGERNESS POINT R7 S 6015 GIRARD AVE SO WAYZATA MN 55391 ORO110 Mi 55391 MPLS i«i 55419 38 17-117-23 23 0012 38 17-117-23 23 0017 38 17-117-23 23 0018 F"POP ADDR 01937 FAGERNESS POINT RD 01940 COtiCOFDIA ST 01945 FAGERNESS POINT RD G:.iiER NAME W L KLITZKE d B J KLITZKE L C SHAW ETAL R d M NOLL TAXPAYER WILLIAM d BETTY KLITZKE AND LAWRENCE C SHAW RICHAPO i MARSHA NOLL NAME/ADDR THOMAS i JILL KLITZY,E 1940 CONCORDIA 1945 FAGERNESS POINT RD 1937 FAGERNESS POINT RD OROtiO MH 55391 WAYZATA t4i 55391 WAYZATA HN 55391 39 17-117-23 23 0019 38 17-117-23 23 0020 38 17-117-23 23 0021 PROP ADDR 01825 FAGERNESS POINT RD 01837 FAGERNESS POItR RD 01849 FAGERNESS POINT RD O''HER NAME RICHARD D BRECHWALO ET AL J L H KRAMER L A M KARPINEU TAXPAYER WILLIAM D PLETSCH JR JAMES L KRAMER LAURI M KARPINEN NAME/ADDR 1825 FAGERNESS POINT RD 1837 FAGERNESS PT RD 1849 FAGERNESS POINT RD S ORONO MN 55391 ORONO M04 55391 ORONO MN 55391 RU`J DATE 10/23/87 PATCH 002 38 17-117-23 23 0022 PROP ACDR 01890 CONCORDIA ST O'.!:--R NAME ROGER COOX ETAL TAXPAYER CAROL COOK NAME/ACDR 1890 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0001 PROP ADOR 01895 CUNCOROIA ST OWNER NAME P V BERGGREN ETAL TAXPAYER PAUL V BERGGREN r` NAME/ADDR 1895 COtJCORDIA WAYZATA MN 55391 r 38 18-117-23 14 0016 PROP AODR 01949 FAGERNESS POINT RD OWNER NAME EVELYN A GOLDSTEIN 0- TAXPAYER EVELYN A GOLDSTEIN NAME/ADDR 1949 FAGERNESS POINT RO OROtJO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 23 0023 01850 COtrOROIA ST STEVEN 0 TCWLE ETAL STEPHEN 0 TOPLE 13511 AVISTA DR TAMPA FLA 33624 38 18-117-23 14 0014 01925 COtJCORDIA ST STAf.LEY P WHITTIER DAVID HESS & BETTY HESS 1925 COftCORDIA ST ORONO MN 55391 TOTAL BATCH 002 00025 REPORT NO. PI435401 PAGE 4 38 17-117-23 23 0032 01865 COtJCORDIA ST V i V ANDEPSON ROBERT N R SALLY J OLSEN 1865 COHCOROIA ST ORONO MN 55391 38 18-117-23 14 0015 01905 CONCOROIA ST N A C BERGLUNO NORMAN T04NER BERGL'JNO 1905 CONCORDIA ST WAYZATA MJ 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE PEPRESENTATIOV OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. jp THE BEST OF MY KNOWLEDGE ANO BELIEF. /1/1 _- // DATE/u_�Y m c,ff0. To Sh 1 !.'A11 lwldv�- l� MAPlE6A t+ _. N # ad�- _,.�,KA Tr 4 a. (.i ; I October 20, 1 8 Cl (ford Reep 475-1 81 6 Shoreline and Development Consultant 16820 Edgewood Av. Wayzata, MN 55391 Ms. Jeanne Mabusth Planning and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN BE: Shoreline and bank stabilization for Mr. Jan Waye, Fagerness Point, Orono. Dear Ms. Mabusth: With regard to our phone conversation yesterday, I have enclosed a completed Conditional Use Application form and a copy of the "after the fact" drawing of the work completed. The project consists of the placement of Class IV + V red limestone boulders on two areas of the property that had bank failure resulting from the rainfall on July 23, 1987. Mr. Niccum, the Contractor, used a crane to lift the boulders and ;.and set them individually, so as to lock them together in a tight fitting uniform slope. The voids between the rocks have been filled with black dirt to encourages a rapid regrowth of vegetation. In the next few years the vegetation will become established and completely obscure the rock below. I✓ The construction method includes the placement of a silt fabric against the damaged bank to allow the relief of hydraulic preasues from the Link. This fabric also restricts soil erosion of the existing bank. The project also included the placement of 150 lineal feet of Class I + II red limestone rip rap as shoreline erosion protection. The Conditional use permit is being requested for "after the fact approval" as the work has been completed to prevent additional damage to the bank and shoreline. Should you have any questions after reviewing this application, please contact ■e. Respectfully Submitted, t C*4110 Clifford Beep cc J. Waye A--- Bonestroo Rosene tIE Anderlik & Associates Engineers & Architects November 10, 1987 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Mabusth Otto G Boneurco. PE Rnben W Rosen. PE Joseph C AndH!,k. PE 8radlora A LemDe% PE RKnara E q,mer, PE lames C Olson. PE G'enn R Cook PE Thomas E Noyes. PE Robert G SchunKht. PE Marvin L Sorvasa. PE Re: File No. 139 - 1222 Jan Waye Dear Jeanne, ttrrih A Croydon. PE RKhard W Foster Pl Donald C Bu19ardt. PE Jerry A Bourdon. PE Mark A Hanson, PE Tea k Frela. PF MKn I I Rautmann PE Robert R Nelterle. PE David O Loskuta. PI. Thomas W Peterson. PE MKhael C LyrKh, PE James R Maland. PE Kenneth P Anderson. PE Keith A Bachmann, PE Mark R Rolls. PE Rotwrs C Russell. A I A Thomas E Angus PE Howard A Sanldo. PE Cnarle, A FrKk%0n Leo M Pa lsky Harlan M Olson Susan M tbenm Mart A Sr.p We have reviewed the shoreline reconsturction work completed at the Waye property on Fagerness Point Road. The work is not consistent with the City policy of maintaining natural conditions along the lakeshore. Vie lakeshore banks are steep and some type of protection or stabilization will be required. I feel it will be necessary to meet with the Wayes and their landscrpe people to determine what portions of the work should be removed. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Glenn R. Cook GRC:li 24 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 0 32r �0 9294 23 26 wATERWARD r- 5' --� 91 -- �� �.�---EXISTING GROW -ID 1 r=--SILT FABRIC AND - GRAVEL BLANKET CLASS IlM RrI:' LIMESTCtJr N_1�. V. 1 M_ 2' WEST ARM BAY 00 a cn o. CLASS I+II RIP RAP RED LIMESTONE 150 LINEAL FEET - p�S STEPS EXISTING . O 8 b 16 o , /v //) SHORELINE NOHW 929.4 91 CRUSHED LIMESTONE WALKWAY TOP OF BANK PROPERTY "<LINE ALL OTHER AREA; NATURAL OR REPLANTED VEGETATION CLASS N-V RED LIMESTONE 35 SEP 30 25 SHORELINE AND BANK PROTE(-T'7N PLAN IAni weY[7- - T:AC-.PQNlPl:.q PCBINT • `0 GlA �! T7-7 PE . lout_- STCNE 45 35 25 ON PLAN ` 2 1 �- CLASS 1 + IV RED LIMESTDNE HAND FIT ' o• SEP —}— WALKWAY —} r.�..•.----- EXISTING GROUND LINE '�•� -'SL I T FABRIC AND GRAVEL gLA'JK-T • L— EXCAVATE FOR i TOE TiNORTH 0 10 20 40 Ckfford Reep 475-1818 ShareW* and Development CmikAiNk 46e2o avrmw om. VINAles}b, tiAN 55387 - SHEET 11 01 7r1M3 ie T5 landscape architect 2 3 4 2 0 e i e streert a one?-r 612/474-3te Mr. Jan Wdye 1885 Concordia Street Minnesota 55391 Dear Mr. Wave: 3 December, n' I visited your home site on Fagerness Point on lake Minnetonka on 18 November and viewed the slope restoration along the lake which has been installed to correct the erosion damage caused by the storms of last July. At that time you gave me a copy of the Shorelir- and Bank Protection Plan which was prepared by Cliff Reep and a copy of the planning report pr -zed by the City of Orono planning staff in response to your application for permi The purpose of my work is to establish a ratioanl basis for replanting of the restoration work. At your site I observed that there are three areas of restoration work along the west edge of the yard using limestone placed on geotextile material: a) The shoreline at the lake edge was restored with rip -rap consisting of rough chunks of Shakopee Red Limestone 6"- 12"+ in size . This covers the entire shoreline length of 150. b) Are 8' walkway at the top of the shoreline rip -rap was covered with crushed limestone gravel. The walk is along the north 90' of shore. c) The main 2:1 slope was covered with hand placed limestone boulders of 2'- 4' dia. The voids were filled with limestone gravel followed by topsoil. This treatment covers the central 100' of length of slope parallel to the shoreline. I also saw two types of areas which were not covered with limestone. a) A mid -level area togard the south of the site has been restored with soil, seed and mulch. b) Where are also small areas of undisturbed soil and vegetation which remain from pre -storm conditions. In addition, there are a numbe* of trees from pre -storm conditions which have been covered by the lime3ton-. Many of these 3"-6" trees were cut off at 6' some time ago and appear quite deformed and out of place. F :s 7 9 -Mr. Waye Page 3 Uec 6 I suggest the following goals for giving direction to the replanting: 1) General plant characterisitics a) tolerant to high pH, limestone soils for slope b) drought tolerant c) sun tolerant d) native origins e) complementary to adjacent sites 2) Re -estate?'.-` Transition areas at the north and south extremities of the site to the adjacent properties as a visual transition to the on:;, z-ea of the restoration work. 3) Establis;, plantings at the top of the slope to help prevent erosion above the restored area which could undermine the limestone. 4, Establish a planting cover on the main limestone slope a) p.ovide consistent cover over the stone. b) low to allow identification and removal of weed trees which could be a problem in future 7) Establish plants on mid -level area. a) Vigorous root mass b) Retain grasses as nurse crop f' :rovide watering capabilities which are non -erosive. I recommend the following specific actions for planting: 1) The north and south transistion areas should be planted with White Oak, Ironwood, Black Chokeberry and Bush Honeysuckle. 2) The yard above the lope should be planted with a mix of Black Chokeberry, Isanti Dogwood, Creeping Juniper and Tawny Daylillies.�._ 3) The main limestone slope should receive topsoil in all joints to, the full depth of the stone mass. This will provide a full depth soil profile for plant growth, eliminate air pockets below the root z:,ae which will inhibit root growth and are potential settlement areas. This can be asccomplished by washing the soil into the voids in a series of successive operations. Thoses joints where plants are to be gro.: should have no soil in the top 12" so as co minimize growth location "ir weed L -ds. 4) The main limestone slope ....ould be plantr* with Engelma-�n Ivy. z Plants sho-ild be located at each major jc. t intersection. S) The mid -level area should be planted with Eastern Redcedar and Isanti Redtwig Dogwood. 6) All plants on the slope should be as small as practicable so as to 'allow thuz, to acclimate to t7,#, conditions of the site 7) All ;,!ants should be m�chr.,' w;th sr r edded hardwood hark. Many of these plants can be ob!t,.rved in' the wii and under cultivation in similar circumstances. Locally, the Mississirr) Riser gr..i.;e has abundant examples of most of these plants growing in Platteville limes,-:>rP. Similarly, the bluff tops along the Minnesota River .have most of these plant.- gr,,a;ng under similar soil and climatic conditions. Also, the Shakopee limestone .as been used for years as a mulch in landscape plantings. Finally, the use of Engelmann Ivy is rerommended as a ground cover on rough sites and as a vine for buildings because of it. ability to cling with its adhesive dies. The Bell Museum of Natural History at the U of M has an entire wall of limestone covered with this plant. Mr. Waye Page 3 0: 3 3 :)ec b7 k I recommend the following maintenance program as well: 1) Remove all those trees which have been cut off. 2) Maintain moisture levels at plants until established. 3) Remove weeds on a regular basis, particularly woody trees such as Boxelder and Cottonwood. 4) Monitor washing of soil. 3) Feed all plantings untill well established. If this conceptual outline is satisfactory, I should prepare a more detailed sketch plan and list of plants, sizes and quantities which corresponds to actual, detailed site conditions after the trees are removed, soil established, excess stone removed and stairway reset. I do not recommend preparation of a detailed plan at this time. A sketch plan showing the general recommendations listed above is enclosed. If you have any questions about my recommendations, please call. Sincerely, James Robin 0 00 O� ?+rvNN�oN� o - -rara! 0 Oz O c—�pcj 00 00 00 0 0 -- Ol o � axn 1 u robin laadscape arch ise c t 2 3 42 0 \ 0 6 1snmotl d y � � , eiyara-saga 3- MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 #1221 ERLOF/LEE CONTINUED Jan Waye, 1885 Concordia, felt the proposal will upgrade the neighborhood. There were no other comments from the public and the public hearing was closed. Planning Commission discussed different options to reduce the hardcover. Cathy Lee felt there were a few discrepencies with staff's measurements and hardcover calculations. Johnson agreed that the proposal would be an improvement to neighborhood, however, felt Fagerness Point was already congested and found the proposed hardcover excessive, therefore could not support the proposal. It was moved by Bellows, seconded by Hanson, to recommend approval subject to: 1. Staff and applicant determining actual existing hardcover. 2. Removal of 350 s.f. of existing hardcover within the 0-75' setback. Motion, Ayes 3, Nays 2. Johnson voted nay finding the total hardcover excessive. Brown voted nay objecting to __� the recommendation to remove existing hardcover. # 2 2 2 JAN WAYE 1 CONCORDIA STREET AFTER -THE -FACT CONDITIONAL USE PERMIT PUBLIC HEARING 9:21-9:22 The Affidavit of Publication and Certificate of Mailing were noted. Jan Waye was present for this matter. The application involves an after -the -fact conditional use :mit for lakeshore restoration work already done. Staff recommended tabling this application to provide time for the applicant and applicant's contractor to meet with staff ,nd the City Engineer to determine effectiveness of the technique used in stabilizing the steep lakeshore bank of the property and to determine what portions of the work should be removed. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Hanson, to table Application #1222, per staff recommendation. Motion, Ayes 5, Nays 0. 10 l December 10, 1987 Clifford Reep 475-1 ©1 6 Shoreline and Develcpment Consultant 1682O Edgewood Av. Wayzata, MN 55391 Ms. Jeanne Mabusth Orono Planning Commission Menbers P.O. Box 66 Crystal Bay, MN 55323 RE: Jan R. Waye, Zoning file #1222 Enclosed are the following exhibits which are being submitted to supplement your review of the Variance/Conditional Use Permit for After -the -Fact bank restora- tion resulting from storm damage occouring at property owned by Mr. Jan Waye. Exhibit I - Vegetation restoration plan prepared by James Robin, Landscape Architect, dated 12/3/87. Exhibit J - MCWD permit for After -the -Fact placement of 150 lineal feet of shoreline erosion protection, dated 11/24/67. Exhibit K - Comparison bank restoration plans for Ms. Elanor Stevenson c/o Ms. Haverstock, MCWD After -the -Fact permit and site photos. Exhibit L - Comparison bank restoration plans for Michael Sill/Ray Mithun, MCWD After -the -Fact permit and site photos. Exhibit M - This letter and enclosf-d discussion dated 121/10/87. The do issues of significance with regard to the review cf this project are 1) the integrity of the rock placement, and 2) the ability to revegetate the slope. Two other bank restoration projects similar in design have been constructed by Mr. Niccum, the contractor. The first project for Ms. Haverstock, at 3350 North - home RD., Deephaven, used 792 tons of Class IV & V rock on the face with Class I & II rock as fill. The placement extended 16' waterward of the NOHW and the rock is 11' deep in the center. The face slope of the rock is 2:i, with the sides approaching a 1 1/2:1 slope. The vegetation being established is Polygonum, or commonly refered to as Fleeceflower. The second restoration project for Michael Sill and Ray Mithun, at 3610 North - home RD, Deephaven, used 576 tons c,f Class IV & V rock on the face with C1assI & II rock as fill. The placement extended 6' waterward of the NOHW and the rock is 14' deep in the center. The face slope of the rock is 1 1/2:1. The voids in the rock have been filled with dirt to encourage natural vegetation regrowth. Both of these projects were reviewed and approved as After -the -Fact. applications by the Minnehaha Creek WSD as acceptable for design integrity and construction methods for projects of this type. December 10, 1987 Page 2 In contrast, the bank restoration for Mr. Waye used 216 ;.ons of Class IV & V rock for the face slope and Class I & II for fill material. The bank restoration did not extend to the NOHW, and is 2-3' thick at the bank, with a slope at 2:1. The 216 tons of rock does not include the placement of 150 lineal feet of rip rap which has been approved by the MCWD based on their guidelines for shoreline erosion protection. With regard to the revegation of the site, Mr. Robin has prepared detailed spe- cifications for site preperation, listed specific plant materials for use, and outlined a maintenance program to assure adequate regrowth of naturaly occouring vegetation. Based upon the exhibits sibmitted, I request that you recommend approval of the application. The protect demonstrates acceptable integrity as this construction method has been approved by other engineering review agencies, and the potential to revegetate the site consistent with other natural settings. I am available to meet with you and your staff at your convenience to further discuss this information. Respectfully Submitted, 0 N6%46" Clifford Reep cc J. Waye 'QED 0�t " _ ~ N�,14 I RE ■INW [al h i�l Y� �r _� � � �� � .ems i✓ !i J � '-J � i 7 � � � _,~� ,, P.O. Box 387, Wayzata, Minnesota 55391 IOW OF MANMifll& QtwJ H Cochran. Res. • Albert L Lehman •John E Thomas Camille D. Andre - James R Spensley • Richard R. Mller - hknael fL Carroll • . .�-M...w.cvN C.nu v>•t i.. _. . ... .... aurS.���••••�-+L.AralfsL:.i�i77Oii�sa--^.._l:> -S Permit Application No.: 87-208 November 24, 1987 Owner: Jan R. Waye 1885 Concordia Street Orono, MN 55391 Location: City of Orono, Sec. 178B West Arm Bay, Lake Minnetonka Purpose: "After the fact" placement of 150 lineal feet of riprap shoreline erosion protection. Dear Mr. Waye: At the regularly scheduled November 19, 1987 meeting of the Board of Managers, the sibject permit application was reviewed along with the following exhibits: 1. Permit application no. 87-208, received October 20, 1987. 2. Site plan showing location of the project area. 3. Typical cross section of the riprap placement prepared by Cliff Reep dated October 19, 1967. The Board approved the permit application. This document is your permit from the Minnehaha Creek Watershed District. EUGENE A. HICKOK AND ASSOCIATES Engineers for the District U Z Michael A. Panzer, P.E. bate o�Issue , cc: Board L. Smith C. Reep City.a>< 0ron04 WEST ARM BAY n ma c CLASS I+U RIP RAP RED LIMESTONE - 150 LINEAL FEET SHORELINE NOHW 9294 CFtU:JHED LIMESTONE WALKWAY a \� AREAS NATUPAL Ok REPLANTED VEGETATION CLASS I2*Y RED LIMESTONE \ --- TOP OF BANK PROPERTY \LINE . Gmd.r U2 _ 0mnve 'Rotr�"�ia« ��� SHORELINE 4ND BANK PROTECTION PLAN 3r1 25 SEP JAN WAYE, EAGERNESS POINT 1`/ fNG WAY 2 3 To: Mayor Grabek Orono Council Members City Administrator Bernhardson ;f OF Nuft From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 6, 1988 Subject: Todd Waters 3061 Casco Point Road - Request to Amend Council Directive of Resolution #2292 Council uirected Mr. Waters to completely restore the lakeshore yard by June 15, 1988. Staff has met with Mr. Waters out at the site and discussed the restoration. The enclosed final plan is the final culmination 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 adjacent to the lakeshore have been replaced with a single boulder retaining wall. All retaining walls on the property will be constucted with the boulders. The wall adjacent to the lakeshore will be approximately 3' to 3 1/2' high. The second tiered wall 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, the 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 slope rather than the original 1 to 1, 2 to 1 slope. This will allow grass to be restored in the area and ease of maintenance. The rest of the yard will be restored to the original grade. Review the enclosed plan reflecting the original grades submitted for application #1177'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 was 8". 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 to be raised a minimum of 6" and there is no ?Gsurance that you can protect the sheet rock walls from cracking. This type of 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 the house and installing a retaining wall 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 that would be collected in this area would be picked up via a catch basin that would be connected to the underground drainage tile. There is no question that the wall could be placed closer to rouse, but the 8' will 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 line 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/grading 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 the 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. f 46 � � r`, CPIi�IAL 1bu't """' I Ituw_ *XY" ,it gib bA.6AW I .f.j.wl tre... r6rc it errreyc rem o F Cate : 5-2-88,---s-B- Scale: I" = 20' --+�y---: Existing contour ---ED —: Proposed contour ( I (9)9.2) ` r• tN • Z COFFIN 8 GRONBERG, INC. Engineers, Land Surveyors, Planners �. n7 Sv�7, j l � l: ,� �� f ��►J� o-, ,- f r lel V /��, ���,.�u ck j ll,,.t fo, Jam. f /r, i yff h a ,70G / f CIVIC oor %� P C'. ���i G�� w �'y 7� C'�•�/,� / sv,L �r � 'PLC d/r rl,/�'/M�a'^ (.va %� -e� i''��jC,t-. o� �j•^G 4,ai� Y Ni• TO: Mayor Grabek li AY 2 3 19,,�3 Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: May 17, 1988 SUBJECT: #1262 Curtis Hagfors, L412 Baldu.r Park Road- - Request for Amendments to Previous variance Approval PERTINENT FACTS Approved 5-9-88 Revised Request Garage Street Setback 17' (var.=131) 21' (var.=91) Driveway Hardcover 432 s.f. 528 s.f. Sidewalk Hardcover 82 s.f. 111 s.f. House North Side Setback 10, 9.6' Total 75-250' Hardcover 2572 s.f.(35.38) 2697 s.f.(37.0%) DISCUSSION At Council's May 9th meeting, variances were approved for the above referenced application. After that meeting, the applicant looked more closely at his property and decided to request some revisions to his proposal, as follows: 1. Instead of a 17' street setback., he would set the carage back even further to 211, to be in line with neighboring garages and provide him with a bit more room to park his car in front of the garage. 2. As a result of that greater driveway setback, additional driveway hardcover is 96 s.f. 3. Instead of a 2' sidewalk width as was approved, he is requesting a 3' width. That sidewalk will be a little shorter with '-he revised location, but will be an additional 29 s.f. of hardcover. 4. Applicant notes in his letter of request that further investigation of his costs of moving the house will dictate that it be merely lifted and set down on the new foundation, not moved in the 0- 75' setback zone. However, he is finding that due to the existing floor joist layout and the necessary orientation of the beams to raise the house, it will be difficult if not impossible to slide the house sideways. He is requesting to keep ? existing 9.6' setback rather than move the house 6 inches to meF ;e required 10' side setback. This proposal will result in hardcover increase 125 s.f. fiver that which was approved May 9, for a final total of 37.0% rather titan 35.3% previously approved. STAFF RECOMMENDATION Council has 3 options: 1. Send the revised application back to the Planning Corr.,iission for additional review. 2. Deny the additional variances requested. 3. Approve the additional va_i.dnces requested. If Council wishes to approve this request, the previous res,ilution can be revised to reflect the changes. 11)131ti 1` E ,'G1� ,,� Cr<' i`- �.-,. <<X . �i. /, 'Z i`n G' -�,C "i L `� t" R /�1,� �t lr /i Q /j� G�L'G!. �c•� �. S C 'h V �%t.� �y� `'.��'�' �•/e mac: O` Ile . �l�� ,,C .[ C , � � l ,` � � �• �c �;' l �� c 6 )1 �jh "I'll: 0 2 c yl � �it �'►, . //� _ 'ti( !�•< < ��t <111CC(c �lr �� j:r.'u .� 7 Cl ✓L�l V c�L 6 71./ LCLC dAl-' `Z . 9-b -i?ACC 11) el 4 L L (/yacL)b,% V 6 SGr %G' LP ew To \ oe OLo 1. P. NORTH ARM LAKE MINNETONKA - SwO�I LINC \ 'r0 Al e � •� DaeK bN 1 ;O' �1 / Moust yA. LINC iS IRON SNORG LINC 13 PROvo —, Ho.ist O Src• Srowss ti Gw.v[Larmwserb �+ a 4�p`R a SO , 4k 0 .. .. ... _ot ?lock , _vliur Wk. I here.; c.: •tlfy th"t this oL.t wos are. r<.. oy :e it :::nrr ny direet •_ ... .. thit 3st a duly re3is tares :and .:urveynr un!er t:,• :•wa :he -A-te if ::inner • , _ =rues A. .'eiley, .: s _,., :inn. _ . ':o. 971;. • •t,tt7 anuare feet re. .thin 75 rest of Jake short .82, " •' re+ '. :o 250 rest of lskeshore 7,294 ^ trier 'aausre rest) Existing Propooed Use ..78 t�e2 eek 1j8 270 a 3 29 J : a2 92 :rice 445 524 tta: nar. ..'•ems , _`ri: +i . Sa between 75 feet 9' feet of shcrrli:,e. xi3ting hir: cover is )• ••• `+t .I a:'i cover l3 i7.s:f t. ,2n: G'.�11a re feet :A L t ere,. _. ::e -a,. n. oyster is Lured on an .3s.,iel oproxl-.,.e north. ! la'itea inch iron pipe nark,•r :rind. o dci."tem _ Inch iron pipe marker i-t with insert lr,criw•I iL 5711" O 20 40 e0 CALL IN r tr-T Plat of Round.,VSurvey [Section 8•:i7.23 0RUCE R. KELLEY for City of Orono Prolessional Engineer & Land Surveyor CURTIS C. HAGF ORS licnnepin County 2340 Fox Stract _ Orono, Minnesota 553g6 TO: Mayor Grabek and Council City Administrator Bernhardson FRAM: Michael Gaffron, Asst. Planning & Zoning Administrator DATE: May 4, 1988 SUBJ: #1262 Curtis Hagfors, 1412 Baldur Park Road tv IV - Variance - Resolution 6," I Application - Replace foundation under existing house to construct major additions to house. A new detached garag is lso included in the proposal. Zoning District - LR-IC Single Family Lakeshore Residential 1/2 Acre List of Exhibits A - Memo and exhibits of 4/13/88 B - Planning Commission minutes of 4/18/8B C - Planning Commission Action Notice dated 4/22/88 / D - Proposed Resolution Discussion - Please review the memo and exhi�it� -ci 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 additions. The proposal also will include removal of the existing garage and construction of a new detached 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 75-25R' zone is a total of 2,572 s.f. or 35.3%. The Planning Commission reviewed this application at their April 18th meeting and recommended 4 in favor 1 against to approve the variances requested, subject the followina 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 c. tructed must 6e located to meet the required 10' side setback. , and be set back from the lake so that the deck wi?1 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 sti setback of 17'. f. Approval of lot area and lot wic.th variances. Staff Recommendation - Staff recommends approval i e Planning Commision recommendation, per the attached resolutio► 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-IC Single Family Lakeshore Residential 1/2 Acre Application - Major additions to existing house, requiring hardcover variance, proposed replacement of existing garage will �.lso 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 - Applicatior B - Plnt Map C - Property Owners List D - Survey E - Applicant'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 a 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 houseand proposed lakeshore setbacckadditions var ance isline required the adjacent houses. No average 3. Applicant plans to extend his existing main f loor level deck the entire width of the house at a depth of 7'. The adjacent houses do not appear to have decks. The proposed deck extension technically extends about 2' into the average house setback but will have no visual impact on the views enjoyed by the 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' the garage loottiine0'withfrom doorsside facing theline sbut treet, ill he �ceya11,3 from street street setback variance is required. 5. There is no hardcover in the 0- i -)' setback zone. Hardcover in the 75-250' zone has been calculated by staff as 25.2% existingrom the proposed. Staff's calculations differ substantially calculations by applicant's surveyor, apparently due to staff's consistent exclusion of roof overhangs as hardcover. This is staff's assumption given that the surveyor did not provide details showing how he arrived at his figures. Zoning File #11262 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 cons'stent with recent hardcover approvals on the adjacent properties to either side. The following table lists contemporary variance approvals in the immediate area: Harcover At.c,ac == , 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) Hagfors 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 applicar* currently has a 1-story, fairly small house, with 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 determined that the existing house was not salvagable, the proposed location would 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 aiso proposing a double garage witn doors facing Baldur Park Road, a distance of 17' from the right-of-way and about 20' from the actual driving surface. This location will allow hime to park a car in front of the garage without hanging out into the street. Given that there is little traffic on this road, staff sees no problem with the variance to allow less than a 30' setback from the garage doo-s to the street, especially since that is the method that 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 onto the average lakeshore setback, but the proposed main floor level caeck does extend past the average setback line, although the adjacent houses do not appear to have similar decks from which to measure. There would appc - to be no encroachment on views enjoyed by the owner of the property at 1416 Baldur Park Road as a result of the extension of this deck the entire width of the proposed house. Zoning File #1262 April 13, 1988 Page 3 Staff Recommendation - Given that this proposal is very similar in scope and character with other contemporary property renovations on Baldur Park, staff would recommend approval of the requested variances as follows: Xrmpprove 9.6' side setback on left side of house where 10' is lly required. b) Approve 17' garage street setback where a 30' garage street setback is normally required. �Approve an average lakeshore setback for construction of additional in floor level deck the entire width of the house. d) Approve variance for hardcover in 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 elevation 932.5' or greater. b) If applicant determines that the existing house and foundation are not useable, the house shall be placed so that 10' side setback is met and shall be moved 'back far enough on the lot so that the deck will meet the average lakeshore setback between the two neighboring residences. A RESOLUTION GRAN: i �?G A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.03, SUBDIVISION 13 - FILE #1262 WHEREAS, Curtis Hagfors (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 variance 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 w-,dth 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 sllowed 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oronc, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1262. 2. The property is located in the LR-lC 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 xisting house from its foundation and store it on the property, the new foundation can be located so as to n;eet 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 15-250' 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 the proposal creates a safer situation than now exists. d. Storage of the existing house in the 0-75' 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 a conforming lot. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council find:, 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 neighbor_.ng property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Pane 2 of 5 CONC;LUSTONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to ellow construction of a residence on a lot containing 0.26 acres in area and 50' in width where .050 acre and 100' in width are normally required, and grants a variance to to Section 10.22, 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% hardcover is normally allowed, and grants a variance to Section 10.03, Subdivision 13, to allow a garage -to - street setback cf 17' where a 30' garage -to -street setback is normally required, subject to the following conditions: 1. The lowest floor elevation (I the reconstructed residence must bP 932.5' or higher. 2. The existing house to be relocatea on the property may be stored for up to 6 weeks in the 0-/5' lakeshore settack zone. The applicant shall take whatever erosion control measures are deemed necessary b; the City during that period. 3. The new foundation and replacement of the nouse and the additions shall meet the required 10' side setbacks, and the house shall be located such that the the deck will meet the average lakeshore setback requirements. 4. Hardcover on the property shall be as follows: a. 0-75' setback zone = No hardcover approved. b. 75-250' lakeshore setback House 1,120 S.f Deck 210 s.r Sidewalk 82 s.`__ Garage 528 s.f. Driveway & 432 s.f. parking area Total 2,572 s.f. zone (area = 7,294 s.f.) / 7,294 s.f. = 35.3% Applicant is advised that no future l ardcover will be approved for this property, and any Luture proposals to increase hardcover on the property might be approved only in conjunction with concurr�.,nt removals of existing hardcover, resulting in no net hardcover increase. Page 3 of 5 5. Authorities granted by this variance L n 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 tha'_ date (May 9, 1989). 6. Violation of or nor -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 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 4 of 5 I vnTIC" t-i-tld %.Rf.A-lj� j �- jL .A, _ .... .'0:•'. •�.-�-=fi-� �,• �-'�; it � � ,. .. . �• y - 1,.1T( 2 3 19�� To: Mayor Grabek 17' ;1z Orono City Council MembersrJ City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 19, 1988 Subject: #1273 Rollin & Sharon Lacy 2655 North Shore Drive - Conditional Use Permit and Variance - Public ;tearing Zoning District - LR-lA Pertinent Ordinances - 10.22, Sub. ion 2 Applicant wishes to fill within 75' of the lakeshore where : 11 is allowed. Section 10.03, Subdivision 19 A Condition Use Permi _ ::s required for filling within the lakeshore area. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Applicants Addendum Exhibit E - Applicants Sketch of Fill Project Exhibit F - Survey of Property Exhibit G - Staff Sketch Review of Application - As applicants' addendum notes, the erosion of the shoreline has gradually made its impact, but sustained severe erosion damage with last years storm in July. The erosion noted around the tree areas was sustained during the sever storm. The irregular shoreline from the normal amount of erosion along the shore can be observed by the existing shorelines to the east and west that have already been rip -rapped. The applicants have filed for a rip -rap permit with the Minnehaha Creek Watershed District. It was their intention to fill behind the rip -rap to restore the lakeshore bank and was advised by staff that a Conditional Use Permit and variance would be required. The applicant proposes a total amount of 339 cubic yards of fill. Staff inspected the lakeshore with the city engineer and he advised that the high part of the rip --rap (portion of the rip -rap that abuts the land sloping to the lake) that runs to the east of the dock should line ul approximately with the center of the first dock section. The intent is to line up with the rip-ial, with the east property and would approximately set it just to the edge of :.he pump station. The large tree that has been cut at the lakeshore would have to be removed in order for the rip -rapping to be installed. The engineer notes that the exposed cottonwood roots have already died off and should be trimmed out and filled. To the west of the dock rip -rap should again line up somewhat with the mid section of the dock and then arch over to line up with the west property rip -rap. Filling behind the rip -rap in that location will protect the 7 or 8 pines along the shoreline. Observe the rip -rap and bank slopes of the west property lire, the proposed inprovement will match exactly with the west property line. Zoning File #1273 Page 2 The request of the applicant is consistant with the types of permits issued by staff during the temporary storm damage repair ordinance. The applicants do not ask for retaining walls or sea walls, but merely to be able to fill behind the rip -rap, which applicants must proceed with if they are to protect the shoreline from further erosion. Staff would also note that based on the city engineer's rough calculations that the amended fill project based on staffs recommendation would result in approximately 250 cubic yards of fill. Staff Recommendation To approve the Conditional Use Permit/Variance application of Sharon and Rollin Lacy for the property located at 2655 North Shore Drive based on the following findings: 1. The fill project as amended by staff is consistent with other permits issued by the City under the temporary storm damage repair ordinance. 2. The prcposed fill will allow the owners/applicant to maintain trees damaged with the shoreline erosion. Approval is subject to the following conditions: 1. City staff will work with applicant to clearly define the fill line at the shore. 2. Applicant shall provide entire land alteration phase. 3. If applicant proposes any on the east side, this should review in order to expand on application. appropriate erosion control during the improvement of the 33' of right-of-way be clarified during this application the Conditional Use Permit/variance Additional Comments and Planning Commission Recommendations 5/17/88 The Planning Commission had no further questions regarding the project as amended by staff. The Planning Commission moved to approve the staff recomme:dation maintaining fill at approximately 250 cubic yards. The enclosed resolution_ has been drafted per the Planning Commission recommendation. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES '170 MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTIOR 10.55, SUBDIVISION 8 AND COMnITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1273 WHEREAS, Rollin and Sharon Lacy (hereinafter "the applicants") are the owners of the propertv located at 2655 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 4, Section 9-117-23 described as follows: commencing at a point in the center line of County Road 15 as laid out and traveled in the eastly and westly direction across said tract, which point is 825.35' eastly from a point where the center line of said roa3 intersects the western line of said Government Lot 4; thence at right angles to said center line of said county road a distance of 382.121 more or less to the shores of Lake Minnetonka; thence eastly along the shore of said lake 210' to a point in the center line of so called side road leading from county road aforesaid to said lake; thence northeasterly along the center line of said side road a distance of 385' more or less to a point of the center line of aforesaid county road; thence westerly along the center line of said county road a distance of 270' to the point of beginning according to the plat thereof on file or of record in the office of the county recorder, Hennepin County, Minnesota (description per document number 4753759), (hereinafter "property"); and WHEREAS, the applicant has ms.de application to the City of Orono to permit the filling of approximately 250 cubic yards of fill within 75' of the shoreline of Lake Minneto %a where no filling is allowed per Section 10.22, Subdivision 2 and Section .10.55, Subdivision 8 and a Conditional Use Permit for the proposed land alteration that exceeds 100 cubic yards of fill per Section 10.03, Subdivision 19. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File f1273. 2. The property is located in the LR-lA Zoning District requiring a minimum of two acres of area. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. The property is approximately 2 plus acres in area. 4. The Orono Planning Commission reviewed this application on May 16, 1988, and recommended approval of the variances and Conditional Use permit as amended and based their approval on the following findings: A) The fill project as amended by staff is cons istant with other permits issued by the City under the Temporary Storm Damage Repair Ordinance. B) The proposed fill will allow the owners/applicants to maintain mature trees damaged with the shoreline erosion. C) The proposed rip -rapping of the shoreline will also protect a portion of the public easement that abuts the property on the east side. 5. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; wculd not merely serve is a convenience to the applicant, but is necessary to alleviate a dcmon-- strable hardship or difficulty; is necessary to 1-reserve a substantial property right of the applicant; and would be in keeling with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the filling of approximately 25 cubic yards of fill to land side of the proposed rip -rapping of the shoreline 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 with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to allow filling within 75' of the shoreline of Lake Minnetonka and grants a conditional use permit per Section 10.03, Subdivision 19 for filling ir. excess of 100 cubic yards, subject to the following conditions: Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL ino Z ning staff shore prior to applicants lakeshore protected area. NO. shall clearly defined the fill line at the rip -rapping and restoration work within the 2. Applicant shall provide appropriate erosion control during the entire land alteration phase. 3. The improvement of the public easement along the east side of the property within the shoreline area shall be limited to west side of the easement along the east corner of the existing fence line. Rip - rap shall not be extended along the shoreline of the public easement. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1989). 5. 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 he-ein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their 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 23th day of May 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 3 of 4 CITY OF ORONO - GENERAL LAND USE APPLICATION ----------------------------------------------- ---------------- PROPERTY LOCATION Site Address 4�OS r A0K7-H � HorE DR. Property Identification Number (P.I.D.) Please check one - Property ✓ abstract or torrens? (for Conditional Use Applications only) Please attach legal description on required survey. ------------------------------ APPLICANT to application if not included ---------------------------------------- Phone ( home ) '4 7 S-- M- Name �a�-��", �- ' SttAIC ti AcY Phone (work) q 1A'c r Address o?`SS N<< rko,« 02 City LJiFY �►l�l� �Z gr`9 ` A — — — — — — — — — — — — — — — — — — — — — -. — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — 2 — — — YiiMVlow— — — — — — — OWNER (if different than applicant) Phone (home) 01 LEN N0.w Name Phone RFf. PT-7!0NK Y( 1 4 7741P COO. C�11 T07:5 Address City ZIP #4022/9 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 Grading 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 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 Rezoning $100.00 Appeals Other - see fee schedule PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other specs y ---------------------------------------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: • ---------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Pro, erty 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 (#10) pre -addressed to 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 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 coniolete 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. a Applicant's signatureDate )(-,2 /- OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further 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 c� �*-� — '/ '_2/- d p Applicant must have all submittals into the City of+. -5 days before the Planning Commission Meeting. Planning Commission Me, gs are held on the third Monday of each month. Applicants must be prese— 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. RUN DATE 09/18/87 BATCH 002 38 09-117-23 14 0002 PROP ADDR 02640 NORTH SHORE DR O144ER IUME IRWIN L JACOBS TAXPAYER IRWIN L JACOBS NAME/ADDR 1700 SHORELINE OR WAYZATA MN 55391 38 09-117-23 42 0004 PROP ADDR 02685 NORTH SHORE OR O66-ER NAME J A MITCHELL 4 P M MITCHELL TAXPAYER JAMES A MITCHELL NAME/ADDR 2685 NORTH SHORE DR S ORONO MH 55391 ' PROP ADDR O141ER NAME TAXPAYER TOTAL BATCH 002 00006 NA1'E/ADDR HENNEPIN C0UNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 09-117-23 42 0001 02655 NORTH SHORE OR LUAU G RECTOR LUAU G RECTOR 2655 NORTH SHORE OR WAYZATA MN 55391 38 09-117-23 42 0005 02683 NORTH SHORE DR TIMOTHY L TRAFF TIMOTHY L TRAFF 2683 NORTH SHORE OR WAYZAfA MN 55391 REPORT NO. PI435401 PAGE 3 38 09-117-23 42 0002 02605 NORTH SHORE DR .� C i M PIHL " CHARLES R PIHL 2605 NORTH SHORE OR R WAYZATA MN 55391 38 09-117-23 42 0007 CLIFF F TRAFF JR CLIFF F TRAFF JR 18450 MAPLE RIDGE RD WAYZATA MH 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO BEST OF MY KNOWLEDGE AND BELIEF FJ i OY •► �r- tt§4 — — — — --�-- �-- _ a of �i'rg.i s � •. 3'3 .1 tie o� N O MEMORIAL J NZ00000, e °b NJ Coo . i NeT�i•1e"W on (l1 Cl N -� ARK - MORTAL W • o o•� ECa- lei K z, ao �i y wr.41 e 'f Coy 9�:7p�. + •9S ��? ���` ' v' � � lei o 1313 00 err. s s� � � `2 W d � • �N , ti, u z�L 'eo IN N M n � _• I Sy4. n Ir 1 9� Y �r 1 A ey it. r� Certificate of Survey fo1 Merrill Lynch Realty Burnet in Government Lot 4, Section 9-117-23 Hennepi, County, Minnesota 1c nail Zone- area iwrJe ,me '/oGr proposed o-75ka1 13�Oo= O O 75•456 )OAO 11,1001-oq•f1 30.17e - "PO r >t5oful z4na= Leoofs9.fl 9.2% fvotr, 90 FT aaNC. �o / ></IAor wide - AM --.. �' COYTOd4-0,0S O VE�fH 3C �� Oii P• P/A14 s1 FT W10C ,A u G pe O rN of- To-raI- F IL- 4y5'r CY.I /G S cu. Yo. seftV�� _ 1 ` 3c Zone. ersa harJeo-e 10r- PfdPos" N o-75&t 13,400= O 75•t5o e4�Q0= !l,ro0_sq.I1 3o.l7e _ iioo fad ,q.ft s YC5o& f 24,700- t4o0Ss9.It 9.2'16 >eoty. r, .70 F1f A.o - ''`411(0 ` _ ab -To'r �►� F �� ggs-r C". I j4, Como�Wo C, v•S /65, Cw• YA. AIR Oe?TO 30'' 90 Fr "r.oN oa- Pry • P/ate y Fr W I a ,_L_ / AVC' AcAr►+ or r 8 I hereby certify that this is a true End correct representation of a survey of the boundaries of "That part of Government lot 4, Section 9-117-23 described as follows: Commencing at a point in the center line of County Road as laid out- and traveled in the Easterly and Westerly direction across said tract, which point is 825.35 feet Easterly from a point where the center line of said road inter- sects the.Western line of said Government Lot 4; thence at right angles to said center line of said County Road a distance of 382.12 feet more or less to the shores of Lake Minnetonka; thence Easterly along the shore of said lake 210 feet to a point in the center line of so called side road leading from County Road aforesaid to said lake; thence Northeasterly along the center line of said side road a distance of 385 feet more or less to a point in the center line of aforesaid County Road; thence Westerly along the center line of said County Road a distance of 270 feet to the point of beginning, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota" (description per Doc. No. 4753759) solely for the purpose of showing the existing lucation of three existing buildings in relation the property lines as staked and occupied. All further certification is expressly reserved. COFFIN & GRONBERG, INC. Scale: 1 inch = 50 feet Mark S. Gronberg MN. Lic. No. 12755 Date September 11, Gordon R. Coffin MN. L i c . No. 6064 0 Iron marker found Engineers, Land Surveyors, Planners 0 Iron marker set Long Lake, Minnesota Certificateof Survey Merrill Ly chRealtyBurnet In Government Lot 4, Section 9-117-23 Hennepin County, Minnesota G ti \� 9k ser'. 4 ,{ Trbe>•B,.L.S ,v Nw twrtniiy�h6/ o° 0 v e SO tiYa,.t' h•wae 9 • '•.bJt... Oerb to K\ ,ps 1 /"o q T Are r Jj. o° CenJei/.' G�rytfrf • Zone- V64 -j WeSo g >Zsn rftr 24?do I. ....( ,'-W. r; / fit 'To 7 ot • Pry 4 f R/4p 1.1 hereby certify that thi i (' That part of Government Lot q a true and correct representation of a survey of the boundaries of .center line of County Road as laid out and traveled in the Easterly and Westerly direction Section 9-117-23 described as follows: !said tract, which point is 825.35 feet Easterly from a Commencing at a point in sects the Western line of said Government Lot 4; acros, County Road a distance of 382.12 feet more or less point where the center line of said road i alon thence at right angles to said center lino of ._i 9 the shore of said lake ?�[�.E... ... �nunt n V tR th, shr •ter 'slf�L!�tt�T��iG /O To: From: Date: 2 3 19c� 3 Mayur Grabek Orono City Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator May 18, 1988 Subject: 11274 David Nelson, 740 South Willow Drive - Variance - Resolution Zoning District - RR-1B, Single Family Rural Residential, 2 acre Application - Request for side setback variance to construct attached garage. List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Planning Commission Action Notice 5/18/88 Exhibit C - Memo & Exhibits of 5/10/88 Discussion Plehse review the memo and exhibits of May 10, 1988. Applicant proposes to construct an attached garage to be located 21' from the side lot line where a 30' side setback is normally required. The affected neighboring property owner, Reycraft, has been legally notified of the application but has made no comment to the City. Planning Commission at their meeting of May 16, voted 5 to 0 to recommend approval of this side setback variance, finding that various factors of existing development on the property would preclude any other reasonable location for this garage. Planning Commission also noted that with the severe Minnesota winters, it is virtually a necessity to have a garage. In addition, Planning Commission found that there would be no significant encroachment of light, air, or open space enjoyed by the neighboring affected property. Staff Recommendation Staff recommends approval per the Planning Commission recommendation, per the attached resolution. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1274 WH: 1. David Nelson (hereinafter "the applicant") is the owner of the i-operty located at 740 South Willow Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 11, Block 1, Webber Hills, Hennepin County, Minnesota (hereinafter "the prck)erty"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached two stall garage to be located 21' from the side lot line where a 30' side lot line setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #E1274. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 16, 1988, and recommended approval of the proposed variance based upon the following findings: a. The proposed location of the new garage is appropriate for the following reasons: 1. The existing well is located directly behind the existing carport, hence expansion to the rear corner of the house is not practical. 2. Attaching the garage in place of the carport would still require a side setback variance and would place the existing main entryway to the house inside the garage. The proposal leaves an entry walkway between the garage and the house, providing a more useable formal entryway. 3. Attaching the garage to the front of the house would conflict with the main living room window system. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Attachment to the left side of the house would not be feasible due to the location of the existing septic system, and would require a major revision of the driveway location which would encroach into the area needed for replacement of the septic system. b. There will be no significant encroachment of light, air, or open space enjoyed by the neighboring affected property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 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. CONCLUSIONS, ORDER AND CONDITIONS Eased upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached two stall garage located 21' from the side lot line where a setback of 30, from the side lot line is normally required, subject to the following conditions: 1. Authorities granted with this resolution run with the property not 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 23, 1989). 2. violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 23th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor ProFerty Owner(s) Page 3 of 4 ZONING FILE NO. 1274 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/18/88 --------------------------------------------------------------------------- TO: David Nelson 740 South Willow Drive Wayzata, MN 55391 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 5/16/88 VOTE: 5 For 0 Against Planning Com:ission reco=ends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, May 23, 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. To: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 10, 1988 Subject: #1274 David Nelson, 740 Willow Drive South - Variance - Public Hearing Zoning District - RR-lB, Single Family Rural Residential Application - Request for side setback variance to construct attached garage. List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List and Neighbor Acknowledgment Exhibit D - Survey Exhibit E - Survey Showing Proposed Garage Addition Exhibit F - Listing Information Showing Room Layout Exhibit G - Approved Septic System Design Exhibit H - Survey With Staff Comments Pertinent Facts -Lot area = 1.1 acre -Variance request is for side setback: *Existing carport setback- 30.6' *Proposed attached garage setback = 21' *Required side setback = 30' -Distancefromproposed addition to neighboring residence= approximately 80' Discussion The applicant is requesting a side setback variance to construct an attached garage. The existing house on the property currently is served by a carport. It is staffs understanding that the intent is to make useful living space (enclosed porch?) out of the existing carport and attach the garage to that new space. The proposed location of the new garage appears appropriate for number of reasons: 1. The existing well is located directly behind the carport, hence expansion to the rear corner of the house is not practical. 2. Attaching the garage in place of the carport would still require a side setback variance and would place the existing main entryway inside the garage. The proposal leaves an entry walkway between the garage and the house, providing a more useable formal entryway. 3. Attaching the garage to the front of the house would conflict with the main living room window system. Zoning File #1274 Page 2 4. No attachment to the left side of the house is feasible due to the location of the existing septic system; additionally, this would require a major revision of the driveway location which would start to encroach into the area needed for replacement of the septic system. The existing septic system on this property was found to be failing in 1"33. A permit was issued for the replacement of that system in 1984, but the work has never been completed. The system has been functioning marginally since that time, however, since that system still has a high potential for failure it should be replaced. An argument could be made that because the lot sizes in this area are around 1 acre, that the neighborhood property owners' expectations are not necessarily as strict regarding setbacks as if this had been developed at a 2 acre density. In Orono's 1 acre zones, only a 10' side setback is required. Absent any opposition from the affected neighbor, it would not seem inappropriate to allow the 21' setback proposed. Staff Recow ndation Staff recommends approval of the side setback variance to allow the attached garage to be constructed 21' from the side lot line, finding that the proposed garage location is the most appropriate given existing development on the site, and given that there will be no significant encroachment of light, air, or open space enjoyed by the neighboring affected property. '. i -M 6 } f-L ' i CITY OF ORONO - VARIANCE APPLICA r I I 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) ----------------------------------------------------------- PROPEIM LOCATION Site Address %�� G�l�/!B� �'� %�.�6�/�- j •j�s Property Identification Number (P.I.D.) Please check one - Property v1 abstract or torrens7 Attach legal description to application if not included on required survey. APPLICANT -------Phone (home) 4173 3 41 5 OF � FIB NCE L�F�ICE Name ��i�-v� � ✓ ���� � rI Phone (work) r: Address: 7TO Gt/�li�1y �i2 City: zips 00 --------------------------------------- ---- ---- --- r OWNER ( YOU if different than applicant Phone (home �crcIPT-TNA�" 0 M 1 R01 TO Name Phone (work) 0411"'12.0d Address: Date Property Acquired City: zip: (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District'r C� Prese-,-. 'se of Property ;'Sr Residential Other (specify) ------------------------------------------------------------------------- DESCRIPTION OF RRQUEST Estimated Construction Cost $ o?01 000 m- Describe request in detail: -------- -- - -- �ilo �GiL -------=------ ----------------------------------------- VARIANCES REQUIRED Lot Area Lot width Hardcover Setback Variances ( Front Side Rear) Other L-' LRDSH I P Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: tn A '90E /h '' Aeram- Z� ..� A0-ita.*0- Aab plaec f Sn nv�ifr. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: v»o CAA -----�f fAe- A,&rteh-Alv.Lc ywe -------------------------------------- RBQUIRED 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 (#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 elevaticns) 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 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 s true and correct to the best of his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE `-_ The jwner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commissio,-. memb is, and Council members for purposes of investiga- tion and verification f this equest.fT �/ Owner's Signature / / ------ _Date _=�: / _ O -_- Applicant must hdv e all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of ea-h month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change rrior to the meeting. jr C7 ch in CY or- cy ���• � j � • off.,, �j 'c LAJ co ca NO UO. O 0 RUN DATE 04/21/88 BATCH 006 38 03-117-23 33 0006 /► PROP AODR 00740 WILLOW OR S OWNER NAME D J NELSON i E LAMBIN-NELSON TAXPAYER DAVID J NELSON NAME/ADDR 740 WILLOW OR r WAYZATA MN 55391 l 38 03-117-23 34 0004 PROP ADOR 02135 SHEVLIN OR 0::';ER NAME JOHN R SKARTVEOT TAXPAYER JOHN R SKARTVEDT N:.ME/ADDR 2135 SHEVLIN OR WAYZATA MN 55391 38 03-117-23 34 0007 PROP ADDR 02175 SHEVLIN DR C',-.IER NAME JOSEPH T REYCRAFT ETAS_ TAXPAYER JOSEPH T REYCRAFT i NAME/ADDR 2175 SHEVLIN OR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LI57 38 03-117-23 33 0007 00680 WILLOW OR S NORMAN H THEISTE ETAL NORMAN H THEISTE 600 S WILLOW DR WAYZATA MN 55391 38 03-117-23 34 0005 02145 SHEVLIN OR JOHN P HAKE ETAL JOHN P HAKE 2145 SHEVLIN DRIVE WAYZATA MH 55391 TOTAL BATCH 006 00007 REPORT NO. PI435401 PAGE 13 38 03-117-23 34 0002 02185 WEBBER HILLS RD RICHARD J MCFARLAND A WIFE RICHARD J MCFAR'.aND 2185 WEBBER HILLS RD WAYZATA MN 55391 38 03-117-23 34 0006 02155 SHEVLIN DR J A J PAULSON JEROME T A JUDY K PAULSON 2155 SHEVLIN DRIVE WAYZATA MH 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEN74EPIN COUNTY DEPARTMENT OF PRLyERTY T,�XATIDN, TO TH BEST OF MY KNOWLEDGE At;D BELIEF. - � /f , DATE BY Adjacent.Property Owners' Acknowledgement Form I (we) \ �ir►rI1A" _L �,1� l rtt 11,/ _- of � vG S . Chi- Ilc�c, print names) [print ad ress have reviewed the plans) for the pro/posed improvement or proposed use of the property located at ? //c S It-, l/c c..-. -�,r 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 the improvement plans and that the proposed neighbor's project or use requires Council approval. r Date �/,--)/ 4 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 Office at least 10 days prior to the scheduled meeting date. • Certificate of Survey' for - David J. of Lot 11'. Block Nelson 1, WEBBER HILLS�J� r Hennepin County, Minnesota t .1' iltitli/ 31 � w�3 dbovltl vty. :+ Lee t for. •.. ,ve r Sri Q�> o 0 14y� ; ti• 1 - t 1 hereby certify viat thin is a true and correct represedt at. i on of a surrey of the boundaries of Lot 11, Block 1, WEBBER HILLS, and the'locationof all exist- ing buildings. It dces not•purport to show any other improvements or encroach- ments. Lan; iron mar r Long Lake, hinnesota olr:n Certificate of Survey for David J. Nelson of Lot 11, Block 1, WEBBER HILLS Hennepin County. Minnesota V Al is .`\ \\ 1 ma IbO t.1 VP j--% I neretv certfy t!*,At tni., is a true and correct represedt:.-I ion of the boundaries of Lot 11, Block ', WEBBER HILLS, and the'locationof a!l i 1di ins b---ngs. !t C.-es rct purport to show any other imprcv?ments �,r Long L;..ke. !I i r-, n E e 0 AROL J. MOLE SKI XECUTIVE SALES ASSOCIATE RI NO MILLION DOLLAR CLUB LONG LAKE OFFICE 1766 WEST WAYZATA BLVD LONG LAKE. MIN 55355 473-7319 RES 473.5339 F-ro-n r__ Plan no. 19681 This French country charmer IS both a practical and very distinguished design. Bedrooms, 3 Overall Dimensions. Not Including Carport Width .4 Depth 36 Spusrr t oolage First :=lour $64 Second Floor $64 TOTAL LIVING *+� AREA 1,726 Balcony 32 Burnet LONG LAKE OFFICE ^- 1766 WEST WAYZATA BLVD LONG LAKE. MN 55356 1612)473.7319 i'1'Yo'Z�1r \ I Perfect EXECUTIVE RETREAT offering restful views and privacy. Located on 1+ acre with mature tree; with grounds ideal for future tennis court or pool. The best of both worlds in this neighborhood --country living yet convenient to large shopping centers, major highways, M:C bus line, golf courses, LAKE MINNETONKA, Luce Line for cross-country skiing, biking and hikint. A ONE -OWNER HOME --ONLY A TRANSFER MAKES THIS PROPERTY AVAILABLE! ® A SUBSIDIARY OF MERRILL LYNCH REALTY ASSOCIATES INC r. •r LO T //� BLO C& / Gv£BBE'e ,y/� c S OXO/vo , Mi v�vErO r- 4 41 Jv Lb&.,d AAAO S fx�lrm-, NO�iT /IA//VFira/ r r.4PVv AA rA/Aeloria '("'O 4FAA vf,IA "I/A►AA, G TAtir CLOJE 7v LaJEtt i �orE : i�vAEIrY ci••ff N r," T, ex., r v if r 15M m o ,ft- gcel": Ina /Fro.f F CONJT�CNCT�O,ti, XI ePX /(AfA L✓FLL • -7- 7-,vy / "Z S'o wit c 0 c✓ "ale / r O T :fit(? 3 1'-7To: Mayor Grabek [, Orono Council Members ' Y i� �1--d�'t� City Administrator Bernhardson `1, � � From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 19, 1988 Subject: #1277 Big Island Board of Governors - Record Lot 1 - Conditional Use Permit - Public Hearing Zoning District - RS District, Seasonal Recreational Zoning District Area - 57 Acres Pertinent Ordinances - Section 10.31 - RS District Specific Sections of Code 1. Section 10.31, Subdivision 3(C) Day Use Recreation Areas 2. Section 10.31, Subdivision3(D) Overnight Camping Use - Temporary Work Crew Use List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Status Report of Applicant Exhibit E - Addendum to Application Exhibit F - Site Plans for Phased Development Exhibit G - Map of Structure - Existing/Removal Exhibit H - Resolution #1988 Exhibit I - State Health Department Reg>>lations 4630.0900 Exhibit J - Site Utilities Map The current Conditional Use Permit involves two phases of use for the applicant. The first phase will be for a Conditional Use Permit to be issued for the work crews to complete the final clean up and removal of all hazardous conditions on the island. This should be the last time the City deals with a temporary Conditional Use Permit for the work crew use as all hazardous conditions will be removed within the next 30 days. The second phase of the Conditional Use Permit will be the one issued for the camp for only day use recreation. Staff will schedule the work crew - temporary Conditional Use Permit before the Council on May 23, 1988. The second phase, day use recreation use will be brought back to the Planning Commission on June 6 for finalization and recommendation and brought to the Council for final action on June 27, 1988. It is the hope of the applicant that they can be open for the July 4th weekend. Over night camping use with tenting will be approved sometime later in the summer season. Staff has advised that because of the specific setback requirements for tenting, that a survey would have to be submitted with that phase of the application. Staff has allowed the applicant to proceed with the day use recreational area phase with simply the site Flan we have already on file. Staff will discuss the detail of the use later in the memo. Zoning File #1277 Page 2 Work Crew - Conditional Use Permit (Effective May 23, 1988 through July 1, 1988) - The applicant seeks renewal of the work crew permit that would allow them to remove all final hazardous conditions on the site. 32 of the 43 structures have been removed, the remaining 11 excluding the caretaker house and the buildings defined as storage structures must be boarded up and secured prior to opening to the public. Debris from the razed/burned structures must be removed or put in an approved burying area. The debris not to be buried must be secured with fencing and screened from public way. The job of the work crew will be to prepare the camp for the opening to the public for day use recreation. Resolution 1988, enclosed for your consideration, lists the special conditions under which the work crews operated in previous years. Staff will amend the original conditions of tha,` resolution to more fit the project for this year:; work crew. The conditions recommended are as follows: 1. Crew to be limited to 57 workers - family members and friends are not to be on camp site for the duration of the temporary permit. 2. Workers shall use portable gas stoves and charcoil grills for cooking - open burring to be approved by Orono Fire inspector. 3. Tenting is allowed only for work crews. The authorized caretaker Mark Peterson, shall be the only person to remain permanently on site for the duration of the temporary permit. 4. The facility shall be inspected by the Orono staff on a regular basis during the clean up program. 5. Hazardous buildings are not to be occupied by work crews but are to remain boarded up and secured from public. 6. Fire e.ctinguishers must be provided on site. 7. Two septic facilities/structures have been approved for use by the work crews and are defined as the South Hill (Point Charming Structure) and the Peanut Row facility, per Section 4630.0900 of the State Health Code. A single shower must be provided for men and women based on 57 crew members. The water supply has been approved by the Orono Staff and awaits state certification. 8. Provide a current Certificate of Insurance coverage. 9. Materials not able to be burned or buried will be stored in an area approved by the Orono staff until "ice in", at which time the debris will be hauled off the island. This site must be screened and secured from members of the public who will be using the island at some future time. 10. The camp shall be limited to two permenant slips at the existing dock for camp boats and six transient slips for workers. Applicant must have LMCD permit for the 1988 season. 11. The clean up program shall be limited to the following activities: A. Cleaning, grading, and seeding of all areas disturbed with burning and razing of old structures. B. Clean up and burning of debris/brush. C. The burning of approved debris in the approved defined area by the Orono staff. D. The building of approved structures required for the opening of the camp for day use recreation, ie. picnic structures. Zoning File #1277 Page 3 Once again, this phase of the application will be presented for Council action at their May 23, 1988 meeting. If Planning Commission has any other comments or concerns regarding the operation of the camp under this temporary permit please advise staff. Day Use Recreation - Conditional Use Permit - In the applicants addendum information, they asked for special consideration regarding a comprehensive permit approval that would provide direction to staff so that if specific conditions are met, staff would have the authority to allow either the day use recreation or overnight cami:ing uses, rather than apply for seperate permits. As staff noted above, if the application that was scheduled to be reviewed at present was to include overnight camping, that a survey would have been required so that setbacks and improvements could be located with the setbacks confirmed per RS and NFPA standards. For the current review, the applicant has submitted preliminary comments and submittals but that your final review of the c?ay use recreation phase of the application will be at your June 6 meeting. If Planning Commission members accept the applicants request to establish appropriate guidelines for further staff approval then staff must ask for the survey at this point. As staff noted above, the site plan on file that has been used for all previous reviews was accepted just for he day use recreation per,nit. In preparation for the June 6 meeting, staff requests the following additional information and submittals: I. To expand the site plan submitted for day use showing: A. All existing structures, even though not in use. B. Picnic shelter and information or elevations on the picnic shelters, the number and locate then on the site. C. Designate the two toilet/lavatozies structures for use. D. Provide more information on fire stations/fire ring. Applicant has advised that all cooking would be done with stoves/grills located within the picnic shelters, fire stations were to consist of 55 gallon drums with buckets located somewhere in the area. E. Locate new 20 slip. dock and locate area for informal mooring of boats along shore for additional guests arriving via boats. F. Future location of helipad on island. G. Designate area to be subdivided at some future date. (Note approximate area of lands.) H. Locate small/fishing boats on land storage area. I. Other improvements for day recreation use that Planning Commission feels should be located and designated on the site plan. 2. Applicant is advised to apply for an LMCD permit for the expansion in dock use. In addition to the 8 for camp use and 20 transient slips for visitors. The City will also require a joint use dock license. 3. Signage If signage is proposed for the island the City must approve the signage and the location of the signage on the island. This does not Zoning File #1277 Page 4 include the normal location and designation signage that the camp would have to provide for the users of the facility. 4. Provide information on employees. Mark Peterson is the caretaker for the season. Please advise how many other employees will be working for the camp this season. In addition. provide information on a telephone and additonal telephone service for the day use recreation area. 5. Site gargabe - The site plan reveals an area or location for the garbage retention. Provide information as to the pick up and the schedule of that pickup. 6. Control of the number of visitors to the facility - how will the caretaker/manager control the number of visitors daily. A maximun: number should be established based on the limits of the septic facilities and RS district standards. 7. Fencing - Fencing may be required along the high sharp cliffs. This fencing need only be a 3 1/2' high cylone fence. This should be reviewed with staff. For sometime staff has mentioned this concern amongst ourselves, but we have -ever approached the applicant with this concern. Fencing and an appropri, v.arniny sign may be necessary. 8. Septic needs shall be per tables setforth in the State Health Department regulations 4630.0900, see Exhibit I. Dependent site shall be determined by the number of picnic tables proposed and an agreed upon number for possible boat picnicers and others who picnic on grass areas. The Peanut Row and the South Hill facility have been confirmed as acceptable by Michael Gaffron. 9. The septic system serving the caretaker unit must be replaced early this summer season. Staff would suggest by mid July. Planning Commission should add any other information that they feel is necessary to complete the review. Staff should note that Michael Gaffron and Tom Jacobs have made a recent inspection of the facility and the applicant has submitted an updated site utilities map of the camp, review Exhibit J. Staff approved the well and the water supply and now offical state certification will be sought. Staff sees no problem with the camp receiving that certification. Existing buildings not to be open to the public shall remain boarded up as approved by the inspector. The applicant has asked if the Planning Commission or possibly members of Council would like to make an inspection prior to the June 6 meeting. If Planning Commission feels this would be apriopriate and helpful in completing their review, rlease advise both applicant and staff. Applicant would be well advised to start the process of obtaining a. survey of the facili,:y if it is there plan to include tenting in the activities for this yeas. Zoning File #1277 Page 5 Additional Comments and Planning Commission Recommendation The applicant reviewed the current status of the island and the progress that the work crews have made in the process of the removal of the hazardous conditions on the island facility. As Mr. Wisdorf noted, they were quite anxious to get out to the island and continue the clean up process under the required Conditional Use Permit for work crews. As staff noted above, this will be the last season that the City will have to issue a Conditional Use Permit for work crews, as all hazardous conditions will be removed prior to the opening of the camp for day use recreation. Planning Commission had no other comments regarding the Conditional Use Permit for the first phase referred to as the Work Crew Conditional Use Permit and accepted staffs recommendation. The second phase of the Conditions 1 Use Permit referred to as the Day Use Recreation Permit will receive final review and recommendation from the Planning Commission at their June 6, 1988 meeting. The enclosed resolution has been drafted per the Planning Commission recommendation as setforth on pages 2 and 3 above. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A TEMPORARY CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) FILE #1277 WHEREAS, Ed Morrow, Chairman of the Big Island Veterans Camp, Board of Governors (hereinafter "the applicant") has an interest in the property located on Big Island Lake Minnetonka, Record Lot 1, within the City of Orono (hereinafter "City") and legally described as follows: Please see attached legal discription, Exhibit A. WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the temporary overnight camping of workers involved in the clean up of the property per per Municipal Zoning Code Section 10.31, Subdivision 3 (D). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1277. 2. The property is located in the RS, Seasonal Recreational_ Residential Zoning District requiring a minimum of 5 acres in area. 3. The property consists of approximately 57 acres in area. 4. On May 16, 1988, the Orono Planning Commission reviewed the application as proposed and recommended approNal, based on one or more of the following findings: A. The property consists of 57 acres and can provide adequate camping area for a crew of 57 workers. Applicant shall maintain one acre per worker ratio. B. The proposed temporary use of the island for overnight camping will not have an adverse effect upon the lake, upon the land, nor upon neigboring properties. C. Adaquate fire protection shall be provided for overnigl,t campers and during open burn activities. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. D. The City has received no negative comments from adjacent neighbors during the effective period of the Previous Work Crew Conditional Use Permits nor has the City received reports of any problems with the operation of the camp during the time of the temporary permit. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 6. The City Council finds that granting a Conditional Use Permit to allow the temporary overnight camping of workers involved in the cleanup of the property 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 temporary use of the property as approved 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 temporary Conditional Use Permit per Municipal Zoning Code Section 10.31, Subdivision 3 (D) to permit overnight camping of work crews involved in the clean up of the Big Island Veterans Camp from May 23, 1988 to July 1, 1988, subject to the following conditions: 1. Crew to be limited to 57 workers - family members and friends can not be on camp site for the duration of the temporary permit. 2. Workers shall use portable gas stoves and charcoil grills for cooking - open burning to be approved by --I,-)no Fire Inspector. 3. Tenting is allowed only for work cre The authorized caretaker Mark Peterson, shall be the only person to remain permanently on site for the duration of the temporary permit. 4. The facility shall be inspected by the Orono staff on a regular basis during the clean up program. 5. Hazardous buildings are not to be occupied by worker crews but are to remain boarded up and secured from public use. 6. Fire extinguishers must be provided on site. 7. Two septic facilities/structures have been approved for use by the work crews and are defined as the South Hill (Point Charming structure) and the Peanut Row facility, per Section 4630.0900 of the State Health Code. The water supply has been approved by the Orono staff and awaits certification from the Hennepin County Environmental Division. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8. Applicant to provide a current Certificant of Insurance coverage. 9. Materials not able to be burned or buried will be stored within an area approved by the Orono staff until "ice in" at which time the debris will be hauled off the island. This site must be screened and secured from members of the public who will be using the island during the 1988 season. 10. The camp shall be limited to two permanent slips at the existing dock for camp boats and six transient slips for workers. Applicant must have LMCD license for the 1988 season. 11. The clean up program shall be limited to the following activities: A. Cleaning, grading, and seeding of all areas disturbed with burning and raising of all structures. B. Clean up and burning of debris/brush. C. The burning of debris in an approved burn site by the Orono Fire Inspector. D. The building of approved structures required for the opening of the camp for day use recreation, ie. picnic tables, fire station, etc. 12. Any activities conducted on the property not covered by this permit or not meeting the original intent of this temporary permit shall result in the immediate termination of said permit and all activities approved therein. 13. 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. 14. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, 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 23th day of May, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of •S EXHIBIT A Resolution # Government Lot One (1), Section Fourteen (14), Township One Hundred Seventeen (117), Range Twenty -Three (23); and Government Lot Two (2), Section Twenty -Three (23), Township One Hundred Seventeen (117), Range Twenty -Three (23); and That part of Government Lot Three (3), Section Twenty -Three (23), Township One hundred Seventeen (117), Range Twenty -Three (23), commencing at Che Northeast corner of said Government Lot Three (3), Section Twenty -Three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island*Park; thence South 350 feet to Lake Minnetonka; thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the pl-,ce of beginning. PRESENT USE OF PROPERTY Present Zoning District R-S Seasonal Present Use of Property Recreational Residential Other (specify) Camp ------------------------------------------------------------------------ DESCRIPTION OF REQUEST Describe request in detail: See Attachment REQ.IIR1-D SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtain this 1 +.st from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelrnes (#10' pre -addressed to each of the names on the above list with no return ad2 s. 4. Certificate of survey. 5. Topographic survey (existing a. 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 applicat.ion. --------------------------------------------------------------------------- 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 SIGNATUIE The applicant hereby agrees to provide all information required or requested by the Zonir.; Administrator, agrees to pay all fees and/or unusual expenses incurrej 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 Date April 22, 1988 sr s OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by C ty staff, consultants, agents, commission members, and Council members for purposes of investigation and verigication of this request. Owner's signature &�%Date April 22, 1988 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable `.o attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Builling 6 Zoning Office of Lni6 change prior to the meeting. RUN DATE 04/22/88 BATH 001 38 14-117-23 34 0001 PROF' OR OWNER NAME BOARD OF GOVERNORS TAXPAYER BIG ISLAND BOARD OF NAME/ADDR GOVERNORS 208 VETERAN SER'iiCE BLDG ST PAUL MN 55155 38 23-117-23 22 0002 PROP ADOR CWNER NAME ZANE SCHEFTEL ET AL TAXPAY°R I MARGARET SCHEFTEL NAME/ADDR BOX 176 EXCELSIOR KN 55331 HE94EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 21 0001 BOARD OF GOVERNORS BIG ISLAND BOARD OF GOVERNORS 208 VETERANS SERVICE BLDG ST PAUL MN 55155 38 23-117-23 22 0018 J D URAN A J D URAN JCHN D URAN EOX 290 EXCELSIOR MN 55331 REPORT NO. PI435401 PAGE 1 38 23-117-23 22 0001 BOARD OF GOVERNORS BIG ISLAND BOARD OF GOVERNORS 208 VETERANS SERVICE BLDG ST PAUL MN 55155 38 23-117-23 22 0010 SU JRBAN HE41N REG PK DIST E'F.RBAN HENN REG PK DIST 121'5 CO RD 9 P 0 BOX 41320 PLY?-.CUTH MN 55441 Fl;3P ADDR OWNER NAME TAXPAYER TOTAL BATCH 001 00006 NAME/ACOR �: a ...� d• 4y L� I CERTIFY FYAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENIATION OF INFORMATION AS IT APPEARS THIS DATE ON THE REC '— OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF M' 4LEDGE AND BELIEF. /1 ^ � f DATE Y BY L1l 3 1-277 � IK1• r,Cv T l Gt i i , 0 �1+ R IaJ ,.. d NOW to yj w � � \ \ w � 1 Y• BIG ISLAND BOARD OF GOVERNORS PO BOX 598 EXCELSIOR, MN 55331 DATE: April 22, 1988 ATTN: Ms. Jeanne A. Mabusth - Building and zoning Administrator SUBJ: Application for Conditional Use Permit - Big Island Veterans Camp RE: March 14, 1988 Presentation to Orono City Council Enclosed herewith is an application for a conditional use permit allowing for renovation and opening of Big Island Veterans Camp. Significant changes have occurred since last fall that should be noted, specifically: - A total of thirty-two of the fourty-three buildings on the camp property have been razed. This action dramatically reduces the hazards previously noted by city staff. - Of the remaining eleven buildings, only the caretaker's cabin has been retained for overnight habitation. Of the remaining ten build- ings, six have been converted for near -term use as storage buildings, three are latrines that will be refurbished, and one is the former dining hall which will be converted for use as a visitors center. Securing of the windows and doors of the remaining buildings is essentially completed. - A full-time caretaker, Mr. Mark Peterson, began his duties on April 1, 1988. His presence on the Island will greatly assist the Board in being more responsive in cleanup, renovation and operational activities. His telephone number at the camp is 474-1958. - The majority of old furnicure and other items were removed from the Island in March. A total of 160 cubic yards of these materials were removed with consolidation of the remainder to be accomplished this summer for removal this coming fall or winter. - The initial operational capability envisioned for the Camp is a May 1988 opening for day use and overnight tent camping. Due to the short duration of the summer season, the Board requests the assist- ance of the city in rapid identification and approval of our compli- ance with the requirements of the City of Orono. The focus on clay and overnight tent camping for the near -term dramatically reduces our costs for renovation and operation. Handicapped accessible cabins are planned for construction in later phases. - Fund raising for Camp operations has also taken a positive turn with over $65,000 raised in the last sixty days. In addition, VFW and American Legion posts will be solicited in a direct mail fund raising activity that will be mailed this month. Page 2 - Application for Conditional Use Permit - Big Island Veterans Camp - Our 1987 efforts included over 5,700 man-hours of cleanup activities with a great deal of volunteer support from the U.S. Army Reserve, Veterans and the Boy Scouts. - A dialogue has been established and is continuing with the Suburban Hennepin County Park District Board and staff. While no specific joint -use opportunities or agreements have been identified, we feel that our discussions have been frank and useful to both parties. - The Hennepin County Sheriff Water Patrol has been approached con- cerning the proposed siting of a private medical evacuation helipad on the Island. Lt. Petersen, of the Water Patrol, advised that the establishment of the helipad would be fully supported by his depart- ment. In addition to providing emergency evacuation for campers, the helipad could also serve the emergency needs of the entire lower lake boating area. In light of the above changes and activities, the Board feels that a significant leap forward has been made in alleviating Orono staff, Council and Planning Commission concerns. Our hope is that Orono and the Board can move forward in a cooperative fashion to achieve the following objectives: - Granting of a corditicnal use permit to allow completion of cleanup and renovation of facilities for opening. - Inspection and approval of the Camp for opening of day camping by owner -veterans and their families. Approval of the Camp for overnight tent camping. - Re-evaluation of the remaining buildings on the Island in light of their new intended uses. It is requested that a conditions use permit that can be activated by staff inspection and approval be granted. This approach will ensure compliance while reducing the loss of Camp operational time during the summer season. If any questions or issues arise concerning this request, please contact Mr. Alan Wisdorf at 890-4180 or Mr. Keith Aakre at 939-2441. Sincerely, lwt�q�� K ith Aakre Secretary Big Island Board of Governors t , r ATTAC P4�T BIG ISLAND VETERANS CAMP' GENERAL LAND USE APPLICATION 1. Legal Description of Property Government Lot One (1), Section Fourteen (14), Township One Hundred Seventeen (117), Range Twenty-three (23); and Government Lot Two (2), Section Twenty-three (23), Township One Hundred Seventeen (117), Range Twenty-three (23); and That part of Government Lot Three (3), Section Twenty-thre (23), Township One Hundred Seventeen (117), Range Twenty-three (23), commencing at the Northweast Corner of said Government Lot Three (3), Section Twenty-three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island Park; thence South 350 feet to Lake Minnetonka; thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning, (hereinafter "property"). 2. Certified Property Owners List See attached document. 3 X. Clean Up and Renovation Plan Schedule Approval to allow overnight tent camping fc_ work parties accom- plishing cleanup and renovation activities necessary to allow camp opening is needed immediately. Approval for opening of the Camp for day camping as well as over- night tent camping uses by owner -veterans is sought for June 1988. Due to the short season, if problems are encountered in completing requirements for overnight tent camping, an opening limited to day camping with later expansion of overnight tent use would be pre- ferred. Scope The cleanup and renovation activities required to allow the camp to be opened include the following key projects: a. Renovation and refurbishment of latrines to allow use by campers and workers. (possible interim use of Satelites for day camping) b. Cleanup and burning of brush and wood product scrap. C. Provide water at each picnic and latrine site. d. Establishment of fire alarms and response stations at Point Charming and playground areas. Page 2 - Big Island Veterans Camp General Land Use Application e. Approval of water supply systems for use by campers and workers. f. Siting of picnic tables, grills, benches and other camp furnishings at Point Charming. g. Continuation of brush cleaning required for establishing tent camp sites. h. Construction of approved dock capable of supporting camp and transient use. i. Establishment of a helicopter landing area for use by camp and emergency response personnel. j. Establishment of a fenced garbage consolidation area. k. Securing to the satisfaction of Orono staff any building or other areas considered hazardous. 1. Development of a new renovation requirements baseline plan for the remaining buildings after re -inspection by Orono staff. T k. Other Relevant Issues and Needs a. Worker tent camping to begin immediately with a maximum of fifty-seven (57), one (1) per acre. b. Adequate fire protection and fire extinguishers will be provided for overnight campers and during burn activities. c. New construction and burn permits will be separately secured from Orono. d. The camp manager is Mark Peterson, who began his duties on April 1, 1988. Mr. Peterson has had years of experienc,, in camp operations and will prove to be an excellent resource for ensuring plan goals are met. Fie can be reached at 474- 1958. Mr. Peterson is chartered to supervise work crews and contractors as well as scheduling and coordination of activi- ties. His presence on the Island will also ease coordination and inspection responsiveness. e. All buildings will remain secured until approval is gained for their use. f. Septic, latrine and water supply elements will require inspection, renovation and approval by Orono and State inspectors. g. A current certificate of insurance will be provided. h. Two permanent slips will be required for use by camp -owned boats prior to camp re -opening. Approval for six permanent slips for camp use and up to twenty transient slips will be Page 3 - Big island Veterans Camp General Land Use Application S f. needed after opening. An extensive beaching area is also available to the west of the site of the present dock. i. Boat storage of camp boats during the summer months will be in permanent slips, or in case of fishing boats, beached west of the existing dock site. Winter storage will be dry stacking near the beach with larger boats, such as the pontoon, beached at the dock area. j. Proposed overnight camping density for workers accomplishing activities is fifty-seven (57). Proposed density for day camping during 1988 is one hundred fifty (150) with one hundred (100) allowed for overnight tent camping. Events involving large numbers of attendees (eg. 500) would be subject to a separate request for an event permit. k. A license will be required to allow for sale of soft drinks and other like packaged goods by the caretaker. Site Plan Narrative Cleanup and renovation activities will cover most of the Island, however, near -term day and tent camping will be focused on the Point Charming area. Renovation and refurbishment of existing latrines at Point Charming and the Peanut Row area are a key priority. Tent areas of approved design and layout will be established at Point Charming. The beach area utilized for Point Charming would be the beach directly east of Point Charming. The overnight cabin accomodation in this phase will bo thu caretaker's cabin. Picnic and cooking activities will be centralized at Point Charming in this phase. Docks will be constructed in the current location subject to Orono and CMCD approval. No specific formal recreational areas will be designated in this phase. Latrines at Point Charming and Peanut Row will be renovated serially with a minimum of one required to be operational for camp opening. 6 V. Future Plans The overall objectives of the Camp retention the following buildings: to renovate for permanent Page 4 - Big Island Veterans Camp General Land Use Application a . Caretaker's cabin. b. Visitors center (dining hall). c. Two (2) concrete clock storage buildings and one (1) wood storage building located west of the visitors center. The following buildings are to be renovated for interim use pending construction of replacement buildings in the next several years. a. Three (3) latrines. b. Three '3) wooden storage buildings on North Hill area. The following priortized list sets forth new building priorities for the Camp. New structure siting priority is as follows: Southeast quadrant (Point Charming), Northwest Quadrant, Northeast Quadrant and Southwest Quadrant. BUILDING QUADRANT SITING 1. Picnic and Cooking Shelter SE 2. Picnic and Cooking Shelter NW 3. Toilet and Shower Building NW 4. Toilet and Shower Building SE 5. Handicapped Accessible Cabins SE (6-12) The approximate time frame for accomplishment of the above construction would be three to five years. Construction of each building will proceed upon full funding and all appropriate approvals. Additional expansion will be proposed if justified by user requiremei,Ls. i - '""I" t v KEY 0 E x"sip h 9 kfi� ; xe f we Na -,� Safe I;ie. KEY Existh )qf►;,.e er sAte.l'I}e Wgte�- fgkcef KEY cXISfilV1q (� \NO'teV 7 JakCet r- - . or a KEY Euis, t he 01 � V1la � rt F3 Fire 5TO TiOh ° FiYe Rih9 © Stogy,jr- 6"i I I n9 ® ?Jew pic►,ic/C-.k bu'lijing N e�/i i�ek�lr TOCa bu�l�lh�q/ 4 ®ev wU blveke�� LONG R AN GE PLAN G TSLRND METER j}NS C,4m P e A �, , I jq s2 ° o F e LAIT02VA Muk (s 0.4 A r., ArA , 41 J- AS BEE%City of ORONO DRESOLUTION OF THE CITY COUNCIL NO. 1988 _ A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) FILE #1014 WHEREAS, Leonard A. Carlton, Chairman of the Big Island Veterans' Camp (hereinafter "the applicant") has an interest in the property located on Big Island, Lake Minnetonka within the City of Orono (hereinafter "City") and legally desc-ibed as follows: Government Lot One (1), Section Fourteen (14), 'Township One Hundred Seventeen (117), Range Twenty -Three (23); and Government Lot Two (2), Section Twenty -Three (23), Township One Hundred Seventeen (117), Range Twenty -Three (23); a.id That part of Government Lot Three (3), Section Twenty -Threw (23), Township One hundred Seventeen (117), Range Twenty -Three (23), commencing at the Northeast corner of said Government Lot Three (3), Section Twenty -Three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island'Park; thence South 350 feet-. to Lake Minnetonka; then East along the shore of Lake Minnetonka to the East line of s Lot Three (3); thence Northto the dace of beginning,. WHEREAS, the applicant has applied to 'Lhe "ity of Orono for a Conditional Use Permit to permit the temporary overnight camping of workers involved in the clean up of the property per Municipal Zoning Code Section 10.31, Subdivision 3 (D). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoninc File #1014. 2. The property is located in the RS, Seasonal Recreationa� Zoning District. 3. On April 21, 1986, the Orono lanning Commission reviewed the application as amended and recommended approval based on one or more of the following findings: A) The property consists of 57 acres and can provide adequate . amping area for a crew of 57 workers. Applicant shall maintain 1 acre per worker ratio. Page 1 of 4 W BVity- of ORONO MEO RESOLUTION OF THE CITY COUNCIL NO, 1988 B) The proposed temporary use of the island will not have an adverse effect upon the lake, upon the land nor apon neighboring properties. C) Adequate fire protection shall be provided for overnight campers and during open burn activities. 4. The City Council has this application including the findings and recommendations of the Planning Commission, reports by staff and comn --r.ts cf the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to allow the temporary overnight camping of workers involved in the clean up o� the property will not be detrimenl-al to the health, safety or general welfare of the pui-li auld not adversely affect light, air nor pose a fire t it other danger to neighboring properties, nor wil reciate surrounding property va ? -iLs and that the propos-..,L arary use of the property as ,ppruved w_' i be in keeping wit,. the intent and objective:. cF the Zoning Code and Comprehensive Plan of the City. Col 'SIONS, ORDER AND CONDITIONS Based upon m-re of the above findings, the Orono City Council hereby granL.- .+pore-- Conditional Use Perr,4* -er Municipal Zoning Cede Section lu.:l, -ision 3 (D) to t. overnight camping of work crews invo'_ n the clean up of the Big Island Veterans' Camp from May 15, 1� ' _ ,)ugh September 1, 1986, subject to the following co- ii.tions: 1. Crew t :% workers - family members and friends cannot b- she duration of temporary permit. 2. worry cable gas stoves and charcoal grills for cookin. be approved oy fire ma, -shall. 3. TF i ed only .for weekend work crews. The authc _e_d er s ? be t%e only per:,on to remain on site '. :. ion c•f ,.he temporary permit. 4. The ?t►3I1 be inspected ...-y ': a C�uno staff on a regular _ _ iu:: nu nice clean up program. 5. Hazardous buildings not removed are to remain boarded up. 6. Fire extinguishers must be provided on site. 7. Septic facilties and wa:.er supply shall be approved by the Orono staf'. Garbage c•illection shall be provided daily. Page 2 of 4 u 1986. H City of ORONO PESOLUTION OF THE CITY COUNCIL NO. 1988 S., Provide current certificate of insurance coverage. 9. Materials not able to be burned will be stc ed in an area approved by the Orono staff until "ice in", af. which time the debris will be haul,. off the island. 10. Provide repair schedule for buildings that remain. 11. Big Island Veterans Camp shall be limited to 2 permanent slips at the existing dock for the overnight mooring of 2 camp owned boats. Applicant must seek approval from LMCD for temporary use of slips. 12. The clean-up program shall be limited to the following activities: a) razi.-i and burning of buildings b) clean up and burning of ..ebris/brush c) locate and determine us6:,ility of existing septic systems and we 1 i . 13. Any activities conducted on the property not covered by this permit or not meeting the original intent of this temporary permit shall result in the immeuiate terminat'on of said permit and all ;vities approve: therein. "io ion of or non-currpliance with any of the terms and ions of this resr ution shill constitute a violation of the code, shall aui )matically terminate any authority granted n, and shall be punishable as a misdemeanor. 15. The undersigned applicant has read, un0ersL--)od and hereby agrees to the terms of this resolution and on behalf of W.mself, his heirs, successors an, ssigns, hereby agrees to the recording of this res_ulution in the chain of ti-cle of the property. Adopted by the urono _'_ty Council on this 12th day of May, erk S,' i L_11�1 .+ry C. Bu 1 r, Mayor Paqe 3 of 4 ff ,61CV City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1988 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /q4-t' day of &1,4 Z , 19S6 before me a Noty Public within and for said cuunty, personally appeared I 9. (f AgcTnN known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and (feed. (,AFFRO MICHAEL P. Mi TA NEPIN COUN'f'� -- � �� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC If MY COMMIS:3ION EXPIRES On this day of , 1986, before me a Notary Public within and for sai.: County, personally appeared known to me to be the person(s) described in and who executed the foregoingin.itrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY Cot! Page 4 of ;SION EXPIRES to Subp. 3. Compliance with pollution control agency standards. Systems of sewage disposal utilizing the discharge of effluents fflu ntsvatebodies of surface water must receive the approval and comply with quality and effluent standards and system design criteria established by the Minnesota Pollution Control Agency. All systems utilizing absorption for final disposal of effluent shall comply with and rs`amve the approval of the State Board of Health. No soil absorption By shall be installed minutes,iorsoil wherewhich the groundwatertableation rises tote of lwithinafour e inch in 6 where such feet of the bottom of a proposed absorption pit or trench, or ly affect the ground water used for potable water system shall adverse . All buried portions of a sewage disposal system shall be supplies located least 50 feet horizontally from the ordinary high water level of any body of surface water. Statutory Authority: MS s 327.10 to 327.28 4630.0900 TOILET, BATHING, AND LAUNDRY FACILITIES. In dependent mobile home parks and recreational camping areas which ing harbor mobile toiletand andrbathingonal facilities, oneioremoreich are centralnot building$ shall a with such facilities. The number of fixtures shall be provid�,d equipped shall be in accordance vith the following schedule: Number of Dependent Sites 1-15 16-30 31-45 46-60 61-60 81-100 101-130 131-1E0 161-190 191-220 221-250 251-280 281-310 311-340 341-370 371-400 Toilets Urinals Men Women Men Lavatories Showers Men Women Men Women 1 1 2 3 3 4 5 6 7 8 9 10 11 12 13 1 2 2 4 4 5 6 7 8 9 10 11 L2 13 14 1 i -, 3 3 4 4 4 J 5 5 6 2 3 3 4 4 5 6 7 A 9 10 11 12 13 14 2 3 3 4 4 5 6 p 10 11 13 14 1 1 1 2 3 4 4 5 5 b b 7 8 the Provided, that in primitive recreational camping areas, only toilet facilities shall be required in the above ratio. toilets not connected to water -carried systems may Privies and other be used in recreational camping areas when approved by the State Board of Health. camping areas or dependent mobile home parks where In recreational facilities are provided, such facilities shall be in laundry and bathing buildings which are well constructed with adequate heating and ventilation, good lighting, and floors of impervious material sloped to �j r BIG ISLAND VETERANS CAMP SITE lArl L I T I E 5 AP214m, N.-I WA.. mq;.l It M74-4 S S,.4-. P."p,s ST- S-Pi;. -A.k PP- u f, 00, % �o OLor 77-1-4 2 3 19 8 TO: Planning Commission Chairman KelleJc-a Orono Planning Commission Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: May 13, 1988 SUBJECT: #1279 Northern Hydraulics, 2687 West Wayzata Boulevard - Appeals - Public Hearing Zoning District - Industrial (Light) District Total Area - 2 plus acres Pertinent Ordinance - Section 10.06 Subdivision 3(b) l(a) Appeals - The application was listed in the public hearing notice as questioning the interpretation of the Zoning Administrator by the applicant, rather this application involves more a clarification as to whether the use is appropriate for Orono's light industrial district and if so does the use require an amendment to the code. The applicant contends that the interpretation of warehousing would allow their use, staff would contend that the use is more retail. Other pertinent code sections - Section 10.06 Subd. 2 Items 2 and 3, - Authority of the Zoning Administrator, Section 10.07 Subd. 1, 2 and 3 - occupancy Certificates. Section 10.50 Subd 2(a) and Subd 3 - Permitted Uses and Conditional Uses Within the Industrial Zone. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map E:.01bit D - Addendum Exhibit E - Kotula Letter Dated 4/28/88 Exhib4.t F - Sketch of Existing Improvements on the Subject Property Exhibit G - Adjacent rroperties Under Same Ownership Background on the Application I. the process of staff approving the location of an outside sign for the new user of 'ie building, staff discovered Northern Hydraulics, the new Tenant of the building, was proposing a warehouse/retail operation within the entire structure. The applicant had planned opening sometime in mid -May. Th: applicant was advised of the need for a zoning certificate of occupancy and also a building permit for certain window changes and other alterations within the structure. Staff advised that the facility could not open until the use was clarified under the current zoning and approval of a commercial site plan. Staff noted there would more than likely be additional parking 1 required. There appeared to be 8 to 10 parking stalls to the front of the structure. Staff advised the applicant to file an appeals application so that a determination can be made regarding the use before preparing expensive plans for a commercial site plan review. If the use is deemed compatible with the intent of the zoning district, applicant would be advised to proceed, but that at present staff could not guarantee when the City would permit the operation to open. Review applicant's addendums Exhibit D that define the warehouse/retail operation. The philosophy of the firm appears to be that the warehousing takes place right on the retail shelves. Types of products have limited appeal, this is not quite the kind of store that the local housewife would be visiting on a regular basis, at least not the usual Orono housewife. Northern Hydraulics products appeal to the industrial company, contractor, builder and home repair hobbyist. Staff has defined Orono's industrial district as a light industrial district, in comparing other cities that distinguish between a light and a heavy industrial. Unfortunately, there is no intent cited in our code for the industrial district. ----- - ----- ----- -- --- ---- --- --------------------- Staff has reviewed the zoning issues with three other cities that have Northern Hydraulics' facilities as follows: Fridley - The facility located on East River Road is in a heavy industrial zone/industrial park/multi use building 9,492 square feet of retail/showroom, defined warehouse area 4,069 square feet. Spring _LakP_Park - Site plan review to be conducted next week. City staff sees no problem with the proposal, the site would be on a 2 acre parcel, the structure will contain 25,000 square feet, it will be located on a major highway within a re -tail park/center, 25% will be rental business, 25% the warehouse and 50% a showroom/retail. Burnsville - Home of Northern Hydraulics. Two facilities, one anc3 the original, located in an industrial district approximately 10,000 square feet, 850 square feet of it is retail/showroom. The other and newest facility is located in an industrial zone. This facility will have 16,000 square feet mostly retail with rental and warehouse use. Staff had a long conversation with the Planner for the City of Burnsville and he advised that for several years the City has allowed certain types of industrial uses to have retail areas within the same facility. He cited warehouse firms such as carpet businesses, furniture, foods, automotive parts, farm equipment, etc. He stated the very nature of the products because of the size etc. suggests that it would not be suitable for the commercial shopping district areas. Websters New World dictionary defines retail �s follows: Sale of goods or articles individually or in small quantities; sell 9 directly to the consumer. Warehouse is defined as follows: A building where wares or goods are stored as before distribution to retailers or are kept in reserve, in bond etc. a wholesale store or sometimes a large retail store, to place or store in a warehouse. The applicant notes that under the permitted use: in Subdivision 2(a) it defines a wholesaling operation that includes item 3 under that section allowing sales of automobiles, trucks and automobile parts when completely enclosed in a building. Item 30 of permitted uses includes warehousing. Under subdivison 3 conditional uses the applicant notes other similar uses such as farm equipment sales, repair and storage, open sales lots, although not similar, still far more intense in their impact. Staff would contend that some of the uses are quite similar, certainly the impact of those uses on an industrial site. In consideration of certain performance standards cited in Section 10.61 it would appear that certain commercial standards would be more appropriate. Review the signage and the parking, specifically the parking requirement for warehousing in Section 10.61 Subd. 10, Item Q (1 parking space for each 500 square feet in excess of the f irst 500 square feet of f loor area in the principal structure). Staff would not suggest that the standard for a retail use area at 150 square feet per 1 stall is more appropriate but rather a more mid -road approach or to be determined with each retail use application by the Council at the time of a conditional use permit review. Under a conditional use permit the staff can condition Council's approval on a future reference back to Council for reconsideration if parking problems are documented. Signage would also be subject to special consideration under a warehouse/retail use located within an industrial zone. Alternatives of Action Available to the Planning Commission 1. To approve the use as a warehouse finding the use compatible with industrial use and to have the Zoning office issue the appropriate zoning certificate of occupancy. Finding all industrial standards compatible for the warehouse/retail use. 2. Deny the application finding the use in conflict and inconsistent with the intent of the recent Comprehensive Plan Amendment for the Highway 12 corridor. 3. Recommend ammending the code to allow retail sales as a conditional use permit in the industrial zone. To be defined as follows: Retail sales in an industrial district, the sales of products not generally considered appropriate or compatible for sale within a commercial. district. Such amendment would also include appropriate performance standards for commercial site plan review, such as access, parking, signage, product classification, hours of operation, outside storage, screening, and any other standards Planning Commission feels appropriate. 3 �--_................ ..... v- \'ll. I.. VUC l.11(Jl. would allow retail sales in the industrial district and if the Planning Commission concurs with the staff rPcommendati•,)n that the appeals application be presented to the Council at their May 23, 1988 meeting. If Council concurs staff will schedule a public hearing for amendment of the code at the June 20, 1988 meeting of the Planning Commission. Additional Comments and Planning Commission Recommendation - May 20, 1988 Additional Exhibits Exhibit H - Letter - VCI Capital, 5/17/88 Planning Commission concurred with the Zoning Administrator's interpretation of the code, that a retail use or rather warehouse/retail use was not permitted based on the current classifications for approved uses withii, the industrial zone. Members discussed the pros and cons of an amendment to the code that would allow such a use. The opposition felt that such use is in complete conflict with the existing pattern of development and with the existing uses in the City industrial park. This is the only area in our City that allows industrial uses and it is very limited in area (45 acres). In our recent study for the Highway 12 Comprehensive Plan amendment, the City did not approve an extension of this industrial park on the south side of Highway 12. Future expanded retail areas were planned on the north side of the Highway 12 corridor. Planning Commission noted that no direct access on to 12 was going to be allowed with the developement of the commercial corridor on the north side of 12 and that a more intense retail user on the south side would necessitate the development of a new access road. The industrial park as it is currently designed would not be able to handle the more intense traffic flow of a retail user. Joe Palansch of Washington Scientific was present and advised of the car accidents that have occurred on that section of roadway involving rear end collisions for persons attempting to turn left into the industrial park. Other members stated that if an amendment was to be considered, that it would take a good year as the key issue of access would have to be resolved and this would mean clearly a new access road to FPr.ve the users within the industrial park. It was the Planning Commissir -inc :rstanding that the applicant sought a speedy address to their pro m and the City was not able to provide a speedy solution. Planning Commission Recommendation The Planning Commission voted unanimously to deny the appeals application of Northern Hydraulics finding the proposed warehouse/retail use to be not permitted within the current classifications of the approved uses in the industrial zone of the City; absent a necessary amendment of the code, the proposed use is in complete conflict with the existing pattern of development of the industrial district and the current uses within that district. 71 f CITY OF ORONO- P NERA+ LAND USE APPLICATION; PROPERTY LOCATION Site Address v�� �7 �'�ti, (,L�ny L.,z,. t�l��' , G�= -4u SS- 34 3 Property Identification Number (P.I.D. ) 33,Z3 /3 0 00Z, 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) Name N r ���� �� .� 1� ��.�... , � Phone (work) &/I - Address 00i City � rdsviII-k-- f•1., Zip S'3 3 --------------------------------------- OWNER (if different than applicant) Phone (home) Name ✓C•-pI'1a�..�-nc. Phone G/2-S/7--.2G37 Sw c c ess.'t B Y ~'e Eta T. ✓eo,J I,uc . Address 13. x 3 7S- City Z eivb- c.4K6- Zip Dat Property Acquired c f9R L 91 t 9 7o ;; (month/ye TY ;;F L' c'D,C I (do (do not) also own the adjacent parcels of land. o,v ,ri, ,rx'f 35bJtr - FEES - CONDITIONAL USE PERMITS - _ {'„ rr �r if),) Ali Renewal Fee - 1/2 Current Fee uEC,1 1:.L'V After -the -Fact Fee - Double Current hpplication Fee r.r - -r_.ru��t. YOV ,sue „r„., $100. 00 a) Residential acceszory Use "V11. •' -c,V %VA T 'W..: N., $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) LanL Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or mote 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 Pith Subdiv t;icn $250.00 Rezoning $100.00 Appeals Other - see fee schedule a �- PRESENT USE OF PROP!:RTY Present Zoning District Present Use of Property Residential %\ Other (specify) ----------------------------- -------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: .a-� �y•zL r..�.,� -------------------------------------------------------------------•-------- REQUIRED 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, li,4al sized envelopes (#10) p-e•-addressed to each of the names on the above list with no return address. 4. Certificate of survey. '. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff ''or 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/cr unusual expenses inc7urred in review of this application, and certifies that the information sun;rl-:d is true and correct to the best of his/her knowledge. Applicant's signatur\� �\� \ ( \ Date OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents. :ommission members, and Council members for purposes of investig"Lion and verification of this request. Owner's signatureZ2A1A1;&/! z' • Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please man. . rangements to have an authorized agent attend in your place and advise the Building & Zonin1 Office of this change prior to the meeting. PROPERTY OWNERS LIST FOR NORTHERN HYDRAULICS #1279 1. Washington Scientific P.O. Box 340 Long Lake, MN 55356 Industrial Inc. 2. Veda, Inc. P.O. Box 115 Long Lake; MN 55356 3. Willow Properties Inc. Edina Professional Bldg. 4945 Halifax Ave. South Suite 7 Minneapolis, MN 55424 4. Orono Plaza Reiersgord Law Firm 4945 Halifax Ave. South Suite 7 Minneaplis, MN 55424 T. //80 H. 2.� RiLtOL19 U 21 ... ..r 2. ar or aauo rave.• 17 S a :a � I A I U I rwa� t.n.rrr ♦ r.r ..�r.•v LMV 1 G ORONO--38 11 p.LWAt _fir— U General To answer the question, "What is the ratio of showroom space to warehouse space? we would like to expar.: wim the fol'owing explaination: Northern beleives that if you can't see it you don't know we have it. Instead of having a small will -call desk or small showroum with a large warehouse, we have made the warehouse accessable to our customers. Northern sets up the warehouse so it is both a showroom and a warehouse. The steel warehouse is seperate from the product warehouse, it i, is also accessable by the customer. This eliminates any separation from the warehouse and showroom. Y-/a-V 6b City of Orono Northern Hydraulics is requesting a permit to occupy and operate from the address of 2687 West Wayzata Blvd. in the City of Orono. This locatic.) will serve as an outle. for Northern Hydraulics and will service the contractor/industrial market. There has been some concern expressed as to the nature of Northern Hydraulics business so a description of ho Northern Hydraulics is and Northern's intention has been included. Please give this request yc . serious review. Northern Hydraulics is both excited and anxious to open, the Orono area and eagerly awaits your decision. Northern Hydraulics is a natic. -i mail order supplier of heavy hardware/light industrial products to contractors, industries, municipalities and general businesses. Approximately 90% of the company's sales are generated through mail order, 15% wholesaling and 5% directly sold to the contractor/business market. The product mix is generally one of high quality or industrial grate and ranges from professional power tools to bulk steel. Because of the uniqueness of Northern's product n.ix and its targeted market, Northern Hydraulics feels it does fall under Orono's industrial zoning. Dealer Program Northern Hydraulics has an active dealer program with over 3500 dealer accounts across the nation. A dealer buys products for the purpose of resale or fabrication of annther product. Open Accounts Like other industrial supply houses, Northern has an open accu int program. The open accounts give businesses or municipalities a line of credii to operate from. This program is not available to consumers. Manuiac turine Northern Hydraulics is a manufacturer of several products: - Log Splitters - Garden Carts - Trailers - Tommy Pump Distribution Channels Mail Order Direct Distribution Trade Shows Chicago Las Vegas Louisville Target Market Contractors/Industries. When mailing our catalog out, we use Northern's house file and a compiled list of rented names. Below are is a list of magazines we rent lists from to reach our target market: - ABL Masonry - Aviation Equipment Maintenance - B do D Industry - Cahners Construction Equipment - Contracting Business - Construction Equipment - Contractors Guide - Equipmen L Management - Highway Heavy Construction - Jenson Tool - Landscape Construction - Mach. Tool - McGraw Hill - American Machinist - Metal Construction News - Modern Machine Shop - Ned Engineering - Owner - Builder .. -ontractor - Plant Engineering - Pren Hall Construction Engineering - Professional Builders - Progress Builder Products Northern targets and wholesales its products to contractors and industry. Northern is an original equipment manufacturer (OEM) for the following companies: R.E. DietL Energy Manufacturing Fulton Manufacturing Kohler Corporation Steel Craft, Inc. Tecumseh Neilson Wheel Newcu Engineering J.S. Barnes Teledyne Total Power Northern also subcontracts to other companies to manufacture components for us. For example, Baumanr, Machine manufactures trailer components for Northern. Product Mix The products sold by Northern are industrial grade. Below is a sample list of manufacturers' products we wholesale to contractors and industry. - Delta Power Tools - Emglo Air Compressors - Ingersol Rand Tools - Jet Equipment - Hoist -Trollies - Burger Surveying Equipment - ALC Sandblasters - ilosch Power Tools - Bostitch Nailers - Rule Industries - Vaughan Hammers All of these manufacturers sell products designed for industrial application. Northern does sell a common name power tool like Skil, but Northern sells the professional series, aot the consumer line. Northern is in the industrial division of Skil and in turr, markets the product to industry. For example, consumers buy the Skil consumer circular saw for approximately $45.00. We sell the Skil professional circular saw for about $130.00. Some examples of specific products we sell fo1 uw: - Pressure washers up to $1500.00 - Professional/industrial tools - Log splitters (manufacture) - Hydraulic pumps, valves, etc. - Tractors - Gas engines - Air compressors - Generators - Trailer parts - Trash pumps - Sand blasters - Parts washers - Power winches Welders Bulk steel Steel Northern wholesales bulk steel to contractors and fabricators. The steel comes in 20' -24' lengths or 4' x 8' sheets. Heavy equipment is required to handle, store and move this product and the type of indoor storage needed is common in the Industrial setting, not retail. Northern will be warehousing steel at the location. Set vice. Northern will be servicing equipment from this 'ocation. This includes generators, electrical produ< , and engines. Northern e, Hydraulics Main Office • 801 E. Cliff Road • P.O.Box 1219 • Burnsville, Minnesota 55.337 • Phone 612-894-9510 Sales Office • 801 E. Cliff Road • P.O.Box 1219 • Burnsville, Minnesota 55337 • Phone 612.894-8310 Branch Office • 1920-B Starita Road • P.O.Box 14012 • Charlotte, North Carolina 28206-0012 • Phone 704-597-0701 Telex Numbers • Foreign 5106009009 • Domestic 629 17439 ESIM April 28, 1988 Ms. Jeanne Mabusth Building and Zjning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Jeanne: Northern Hydraulics, Inc. is requesting, from the City of Orono, a temporary occupancy permit to occupy and do business as normal at the address of 2687 West Wayzata Boulevard in the City of Orono. Northern Hydraulics would like the permit to be valid until a final decision has been reached between Northern Hydraulics and the City of Orono. Northern Hydraulics acknowledges the building must first be deemed safe by the City Building and Fire Inspector. Also, Northern Hydraulics will not hold the City of Orono liable for expenses incurred while doing business during the time of the temporary occupancy permit. Northern Hydraulics has a lot to offer to the Orono community and looks forward to having the opportunity to do business in your city. We would like the permit as soon as possible. Should you have any questions concerning Northern Hydraulics or need to speak with us, please contact David LaPorte or John Pose at 612-894-9510. Thank you for your promptness and consideration. Sincerely, NORT/ERN N'DRAULICS, INC. Donald Kotula President DK:sd — HVdraulirg -- tog Splitter Parts Energv Saying Supplies — iraik-r Parts 0 'I ,11 • r rit MktJ '; KEE I, tJ ,4eW TKel=Oi • :Ri'�- V yMRJtr G� Ma W ��ultU�.•. C� 1.1k W N . - . V . rou.ftl ►K ADOpe-14 Ft I'e sN -- won fin.. r t? , -}�' p�FtKtN G 31 GeRy _ (fuT-PWV- — ---� , PAOM 1 N� .c t 1 ��lotub � S12. ► N ct - I $�C44A ratio 1 1 1 1 1 r n lion;" I its 00 ex ri -76-- % Irk& to ti AT jpp 79 FL P D"Ll IDWO COC40t, *0 tot, AcA" 1 ru . ..,Ojr. 'A A 7— 9SJV,'i W AFA 1-ct4o lj-/,O-zj I I as I .. 0 7q Cap tal May 17, 1988 Ms. Jeanne A. Mabusth Building & Zoning Administrator CITY OF ORONO Box 66 Crystal Bay, MN 55323 Dear Ms. Mabusth: VC (. *31, iix KA fox IK larg Lake, MN 55356 (612)476 2637 J" Re: #1279 Northern Hydraulics As the landlord of Northern Hydraulics, and the owner of the adjacent acreage on the corner of Highway 12 and Old Crystal Bay Road, we express approval for the use and rel-Jef sought by them. Washington Scientific to the east is a manufacturer, Van Dale Inc. to the west is a manufacturer, and we suggest that a warehouse/ retail use would be compatible with those activities. Any favorable consideration you can give to Northern Hydraulics' application is requested and would be appreciated. Very truly yours, VCI CAPITAL, INC. Robert P. White Chairman et �Lwipe--."� i, 51788.4 13 1 i �Wk 0:0NG TO: Mayor and City Council 2 3 PROMMark Bernhardson, City Administrato DATE: May 17, 1988 judw SUBJECT: Comprehensive Plan Amendment - Highway 12 Attachment A. Metropolitan Council Letter Dated 5/16/88 B. John Shardlow Letter Dated 5/18/88 C. Proposed Resolution Adopting Comprehensive P13n A2 ISSUE: 1. Receipt of information rega:ding the approval of the City of Orono's Comprehensive Plan Amendment by the Metropolitan Council. 2. Formal approval of the Comprehensive Plan. — Determining means and process for development of the implementing ordinance. INTRODUCTION_ - As noted in Attachment A the City has received approval for its comprehensive plan amendment for the Highway 12 corridor. DISCUSSION - In order to implement_ this, the following steps have to be undertaken: 1. Final adoption of the Comprehensive Plan Amendment by the City Council 2. Development and approval of the necessary ordinances to implement the plan. 3. Receipt of approval for a sewer plan amendment. The City has received the Comprehensive Plan Amendment apprcval as noted in Attachment A and needs to undertake the steps to implement it. The primary step at this point is drafting the zoning ordinances, and having done that, commencement of consideration of those by Planning Commission and Council. As noted in Attachment B the process as outlined by Mr. Shardlow at a cost of $5,500.(l0. Staff has been working to try to do the zoning amendments itself, however, because of time constraints and number of applications and ether projects going on it has not been able to successfully -omplete it. Mr. Shardlow is very attuned to the corridor study, as he was principal in carrying it out, and is familiar with City ordinances and issues related to it. As for the conditions al l are advisory at this point requesting 1 the City to consider: a.) Density - It is anticipated that prior to any further submission for MUSA line adjustments, the City address the feasibility to further downzone from 2 and/or 5 to 10 acres which is Metro Council's rural/septic standard. To the extent this is deemed not feasible it should be so addressed to the Council. b.) Right -of -Way - Currently 100 feet generally exists in the corridor and the City should incorporate such as a precondition in its ordinances for rezoning and/or subdivision. c.) While the density of up to 20 units per acre was not contemplated in the study the possibility of more affordable housing was anticipated. The overall density is limited by sewer capacity. ALTERNATIVES Issue 1. Comprehensive Plan Information 1. Accept as information 2. Table for formal action Issue 2. Formal Adoption 1. Adopt 2. Table Issue 3. Zoning Ordinance Implementation 1. Approve to en•lage John Shardlow to develop the appropriate ordinance changf-s to implement the Comprehensive Plan Amendment 2. Amend process and approve 3. Table 4. Direct staff to undertake RECOMMENDATION - It is recommended that the Council direct staff to enter :nto an arrangement with Mr. Shardlow regarding the zoning ordinance Process for $ 5, 500 to be funded out of contingency. The staff additionally recommends final adoption of the Comprehensive Plan Amendment cond i t i maned on adoption of the appropriate zoning ordinance. As for the sewer amendment, this will be sent to us from Metro Waste Control Commission and at this point should be a pro forma amendment by Metro Waste Control. PROPOSED MOTION - Moved by , seconded by , that the Council adopts the Comprehensive Plan Amendment 12 in the Highway 12 Corridor conditioned can implement zoning ordinance adoption, adopt Resolution No. Adopting the Comprehensive Plan #2 and direct staff to engage Mr. John Shardlow to undertake the zoning ordinance amendments to implement the Comprehensive Plan on Highway 12 for '!5,500 to he funded out of conti-)gency. Ayes Nays rc Jv'' n andrdl ow 2 Q� -F OII A May 16, 1988 Mark Bernhardson, Admini..trator City of Orono Box 66 Crystal Bay, MN 55323 RE: City of Orono Comprehensive Plan Amendment Review Highway 12 Corridor Study Metropolitan Council Referral File No. 14023-2 Dear Mr. Bernhardson: Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-5359 At its meeting on May 12, 19889 the Metropolitan Council considered Orono's cumprehenslve plan. This conside-ation was based on a report of the Metropolitan and Community Devel lent Committee, Referral Report No. 88-33. A copy of this report is attached. The Council adopted this report and the following conclusions as its comments on the Highway 12 Corridor Study Amendment: 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. In addition to copies of letters actached to the report, the Council has received comment from the Metropolitan Waste Control Commission. Sincerely, Steve Keefe Chair 3K:11 Attachments oe: W.A. Odde, Metropolitan Waste Control Comission Paul Baltaersen, Metropolitan Council Staff An Euw'' lkNXnh,nnv E.—wovrr Metropolitan Council Meeting of May 12, 1988 Business Item: P.-4 Metropolitan Council of the Twin Cities Area 300 Metro Square Building, ]th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-63591TDD 291-0904 & REPORT OF THE METROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE 010 Referral Report No. 88-33 DATE: May 6, 1988 TO: Metropolitan Council C SUBJECT: City of Orono Comprehensive Plan Amendment Highway 12 Corridor Study Metropolitan Council Referral File 14023-i Metropolitan Council District 13 BACKGROUND At its meeting on May 5, 1988, the Metropolitan and Community Development Committee discussed the staff report and recommendations dealing with the Highway 12 Corridor Study Plan Amendment. ISSUES AND CONCERNS Paul Baltzersen, Council staff (ext. 321), presented the report and answer questions from the committee. Joan Campbell asked if the proposed improve t to the Long Lake lift station required a capital improvement program amendment. Ed Bloom of the Metropolitan Waste Control Commission responded that it would not since the improvement was already scheduled to provide capacity for Maple Plain. RECOMMENDATION That the Metropolitan Council adopt this report and the following conclusions as its comments on the Highway 12 Corridor Study Plan Amendment. I. That the proposed amendment expanding Orono's urban service area be found consistent with the Metropolitan Development and Investment Framewcrk and other chapters of the Metropolitan Development Guide. That the city consider reducing its rural area dens.ty 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 ir�rovements. 3. That the city consider allowing higher densities of up to 20 units per acre, to allow greater flexibility of housing types and th? potential for mopi affordable housing. Respectfully submitted, Joan Campbeli, Chair Metropolitan Council of tt,e Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291-6359/':L'L 291-0904 DATE: April 29, 1988 TO: Metropolitan and Community ravelopnent Committee FROM: caul Baltzersen, Research and Long Range Planning SUBJECT: City of Orono Comprehensive Plan Amendment Highway 12 Corridor Study District 13 Metropolitan Council Referral File No. 14023-2 INTRODUCTION The city of Orono has submitted a --- nrehena+ � plan amendment that reviews land use and develc paent options in the vicinity of Highway 12 and p^oposes additions to the city's urban service area. The study was initiated in reer,onac to risquesta the city had received to change land uses from rural residential to pore intense commercial. The city also anticipates increased traffic and development pressure with the completion of I-394 to the east. The city proposes the addition of 258 acres to its urban service area (see attached map). Most would be added north of Highway 12 and west of Lcng Lake. A small portion, !3 acres, would be added to the east abutting the city of Wayzata. Residential and commercial uses are proposed for service. Metropolitan sewer service will be provided. AUTHORITY TO REVIEW The Metropolitan Land Planning Act of 1976 requires that amendments to local comprehensive plans be prepared, submitted to the Metropolitan Council for review and adopted in the same manner as the original plans (Minn. Stat. 473.864, subo.2, 1978). Guidelines adopted pursuant to Minn. Stat. 473.A64 for reviewir= proposed amendments provide a 90-day review p4-riod for amendments potentially affecting one or more o: the metropolitan systems and a 60-day review period for amendments that do not have a potential Impact on metropolitan systems. Orono submitted its proposed amendment on November 17, 1987. On December 2, 1987, the Chair determined that the amendment presented a potential impact on the metropolitan sewer system; therefore, the 90-day review period applies. The city, Council staff and Metropolitan Waste Control Commisalor, have met several times to resolve sewer capacity and land demand/supply issues which has required extension of the review period. The city has agreed to an extension of the review period until May 15, 1988. ANAL YS 1:', The following analysis addressv,s Metropolitan Development and Investment Framework, sewer, transportat.Lon and housing issues. 2 Metropolitan Development and Investment Framework The original Metropolitan Development e'ramework proposed including a large portion of eastern Orono within the Metropclitan 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 ons' . 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 original 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 1,jested between the city of Long Lake, which Orono surrounds, and the city of Wayzata. The areas proposed for se -vice are contiguous to existing serviced areas and in the case of the larger parcels provide service to the north side of Highway 12 complementing existing service (,n the south side. With the proposed amendment the supply of land wil' exceed the demand plus overage forecast by the Metropolitan Council. The Council's demand, however is based upon continuation of Orono as a solely rural residential community, not as a city with an urban service area. The 1980-2000 demand with five year overage is estimated at 335 acres with estimated supply rf 220 acres. A review of the city's vacant available land shows only 50 acres of developable land within theurban service urea. The additional 258 acres should be anproved to give the city a critical mass for an urban service area. The city permits residential development in the rural arts on two acre lots. This is incvr,istent %1th the Counci?'s recommended density for the general rural area ;,f one housing unit per ten acres. The city should consider low.dring Its permitted densities in the rural area which is more supportive of the investments it is making in sewers. The 'uuncil will consider progress the city is making in reducing rural area der•sity in any subsequr.,L requests for expansion of the urban a-rvice area. Sewers The city of Orono by choice had limited sewer capacity allocated in the metropolitan sewer system. The request for additional servii:e required the Metropolitan Waste Control Commission to 1.--c^*tgate available capacity. The M'dCC has determined that sufficient capacity can be pros+.led (see attached letter) to serve the proposed development of 500 rosid%ntial equivalent units. The MiCC will need to add a third pump to the Long Lake lift station. With this improvement the commission will have jufficient capacity for the development and still be able to provit'.e the currently allocated capacity to upstream ceomunities at minimal cost to the commission. TransW rtation - Steve Alderson The Orono plan amendment is consistent with the Council's transportation policy plan. The proposal that frontage roamsz 'r paid for locally is commendable. Also the strategy will allow some deve.,omenr to o,^ur :nd provide for safety imprevemer:t.s . 3 In the longer term, this may be only a band -aid approach to what is truly needed - preservation of sufficient right-of-way fu.• 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 metr.,)politan 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 wil' be able to provide currentl, allocated capacity to upstream communities at minimum expense. L. The proposed amendment is consistent with the Council's transportation Policy plan. It is recommended that the city preserve a 100 to 150 ft�;Qt right- of -way along Highway 12. 5. The proposed amendment is consistent with the housing guide cLapter of the Metropolitan Development Guide. It would provide for multifamily housing, would increase opportunities in Orono and enable greater choice. RECOMWNDATION^ 1. That the proposed amendment expanding Orono's urban service area be found consistent with the Metropolitan Development and Investment Framewcrk 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. s. That the city consider allowing higher densities of up to 20 units per acre, to allow greater flexibility cf housing types and the potentia' for more affordable housing. P61 1 3Ar PHL?A l#6 Metropolitan Waste Control Commission 350 'Metro Square Building, 7th and Robert. St. Paul. Minnesota 55101 612 222-8423 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 jusr 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 cicge to the total allo- cated capacity of 1.39 mgd for the Long Lake -Maple Plain sevice areas. The report alto 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 toat vhese 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 ptoDosed development with- out a major improvement being required. Tho Commission will notify the Metrorolitan Council that with the addition of the third pump to the 'lift station the c.ommiss.on will have sufficient capacity to prc4ide for your proposed development and still be able to t)ravide '_he currently allocated capacity to upstream communities at costs to the commission. / f years Mr. Mark Bernhardson Page Two 3.14.88 If we can be of any further assistance Lo the City, please call. Sincerely, Walter K. Johnson Director of Planning WKJ:DSB:blm cc:- John Rutford, MC Paul Balterson, MC John Alma, MWCC Ed DeLaForest, MWCC Bill Blain, MWCC mE i RCPCuTAn WAPE (CXnWI commumn T*vn UNS Rea December 3, 1987 Mr. John Rutford Referral Coordinator Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 RE: Metropolitan Ccuncil Referral File Number 14023-2 Dear Mr. Rutford: The Metropolitan Waste Control Commission has reviewed the compre- hensive plan amendement submitted by the City of Orono for the Highway 12 Corridor. The amendment proposes to expand the urban service area by a total of 614 acres. Our review of the plan amendment indicates the City will need to submit additional information in order for the Commission to eva- luate the impact of the expanded service area on existing regional sewer facilities. This information should include the following: 1. The estimated initial wastewater flows generated by devel- opmeijt in the expanded service area plus the estimated wastewater flows for the years 1990, 1995, 2000 and 2010. 2. The estimated number of new residential equivalent connec- tions tributary to the Long Lake Lift Station by year for the next five-year period and for the years 1995, 2000 and 2010. Very truly yours, ,mow. D14 R. A. Odde Manager, Municipal Services RAJ:EJB:blm cc: W. R. Johnson, MWCC 1 A] 11 c: ►1z1�,� . AINI I) P )AN IItIU►►UIIATIU CONSULTING PLANNERS LANDSCAPE ARCHITECTS .300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 5.5401 612 339 3?00 May 19, 1988 City of Orono c/o Mark Bernhardson, City Administrator 1335 Brown Road South P.O. Box 66 Crystal Bay, MN 55323 CONTRACT FOR PROFESSIONAL PLANNING SERVICES AGREEMENT entered into today by and between the CITY OF ORONO, hereinafter sometimes called CLIEN'1, and DAHLGREN, SHARDLOW, AND UBAN, INC., hereinafter sometimes called CONSULTANT, relating to the employment of the CONSULTANT as follows: OBJECTIVE OF SERVICES The objective of the CONSUU ANT'S services will be to assist the City in its efforts to implement the Comprehensive Plan Amendment related to the Highway 12 Corridor, through the creation of two new zoning districts, the HC, Highway Commercial District and the PUD, Planned Unit Development District. SCOPE OF SERVICES 1. Meet with City Staff and attorney during the course of the work effort. 2. Prepare preliminary drafts of the HC, Highway Commercial and PUD, Planned Unit Development Districts for transmittal to the Staff and the Planning Commission and City Council prior to the public meetings 3. Meet with the Planning Commission and City Council and present the preliminary drafts, discuss them with the City Officials and gain consensus regarding the final form of the ordinances. d Prepare hearing drafts of each of the above mentioned ordinances and transmit them to the City for review prior to the public meetings. City of Orono Contract Page 2 5. Attend the public hearing(s), present the proposed ordinances along with appropriate background, assist the City Officials in their deliberations, and answer questions posed by the public. MEETINGS, PRESENTATIONS AND PUBLIC HEARINGS It is anticipated that the successful completion of the new HC, Highway Commercial and PUD, Planned Unit Development District ordinances will requii at least two meetings with the Planning Commission and two meetings with the City Council. One of the meetings before the Planning Commission will be a public hearing and one of the meetings with the City Council may be a public hearing. The CONSULTANT shall present the ordinance and appropriate background at each of these meetings. PRODUCT TO BE PROVIDED The CONSULTANT shall provide the CLIENT with a preliminary draft, hearing drafts and final versions of both the proposed HC, Highway Commercial and PUD, Planned Unit Development District ordinances. The CONSULTANT shall also provide other written and graphic materials required to explain the nature of the proposed performance standards. INFORMATION TO BE FURNISHED BY THE CLIENT The CLIENT shall be responsible for providing legal services as may be required. The CONSULTANT shall work in close liaison with these experts throughout the course of the project. None of these services will be requested without prior consent from the CLIENT. The CLIENT shall be responsible for providing updated boundary survey information --nd legal descriptions, as may be required by City Ordinances, and topography at a scale of I"=100' with two (2) foot contour intervals COMPLETION TIME The work outlined above will begin immediately upon receipt of the executed contract and will I-e completed as expeditiously as possible unless delayed for reasons of unexpected emergencies, forces beyond the control of the parties, or by request of a party acquiesced in writing by the other party. If so delayed for more than ninety (90) days at the request of the CLIENT, the CONSULTANT reserves the right to renegotiate the contract to account for rising costs before resuming work. COST OF SERVICES The work performed will be charged for on a Time Plus Materials basis with an estimate of five thousand five hundred dollars ($5,500.00). We will seek approvals as .ickly and judiciously as possible. All work and meetings will be computed in a«ordance with the attached Standard Rate Schedule. City or Orono Contract Page 3 All costs incurred will be payable to the CONSULTANT upon receipt of an invoice showing the work completed and the cost of said work. To each invoice not paid within thirty (30) days shall be added a service charge of one and one-half percent (1.5 percent) per month for each month delinquent. TERMINATION This contract may be terminated upon written notice by either warty. In the event of termination, the CLIENT shall pay the CONSULTANT for the work completed on a Time Plus Materials basis. CONDITIONS HEREIN AGREED TO: //-- � �-� A -5-/" -�' /'�? ��' ohp-W. Shardlow, VicE President gate �OLGREN, SHARDLOW, AND UBAN, INC. C. John ban, Vice rest ent Date DAIILGREN, SHARDLOW, AND UBAN, INC. CLIENT ark Bernhardson, City Administrator ate CITY OF ORONO James GrZiek, Mayor Date _ CITY OF ORONO Attachment Standard Rate Schedule STANDARD RATE SC>CDULE DAHLGREN, SHARDLOW, AND UBAN, INC. Staff Member Principals Senior Planner Planner Landscape Architect Urban Designer Market/Research Analyst Graphic Designer Draftsman Secretary Outside Consultants Supplies Mileage Expert Testimony Rate $80.00 to $120.00 $40.00 to $50.00 $40.00 to $50.00 $30.00 to $50.00 $25.00 to $50.00 $25.00 to $50.00 $25.00 to $40.00 $25.00 to $40.00 $25.00 to $35.00 Per Job Plus 15% Cost Plus 15% $0.30 Per Mile Two Times Hourly Rate (One-half Day Minimum) Fast Cue Accounts 1.5% Per Month A RESOLUTION ADOPTING COMPREHENSIVE PLAN AMENDMENT /2 WHEREAS, the City of Orono undertook a study of its corridor along Highway 12 in September 1985; and WHEREAS, this resulted in the development of a proposed amendment to the City's Comprehensive Plan; and WHEREAS, public hearings were conducted on February 2 and February 17, 1987 by the Planning Commission and considered March 'L3, 1987, April 27, 1987 and June 22, 1987, meetings by the Council; and WHEREAS, the City Council gave preliminary approval to the amendment at its ,Tune 22, 1987 meeting; and WHEREAS, the amendment was suh-.aitted to the Metropolitan Council on November 15, 1987; and WHEREAS, the Metropolitan Council approved the amendment on May 12, 1988; arl WHEREAS, the City needs the development of the appropriate zoning ordinance amendments to implement the amendment. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council adopt the Comprehensive Plan #2 for the Highway 12 Corridor conditioned on the adoption of the necessary zoning amendments to implement the amendment. ATTF51': James R. Grabek, Mayor Doro,-F y-M:-Rill ln;-criy-Z`Ie`i ----~- 51988.3 .';!, TO: Mayor and City Council FROM: Mark Bernhardson, City Administrate w*l DATE: May 19, 1988 SUBJ!SCT: Storm Water Improvements - Casco Point Road Attachments: A. Storm rater Improvements Casco Point Report Dated 5/18/88 B. Letter of Agreement Dated 5/9/88 ISSUE 1. Receipt of feasibility report from the City Engineer regardi.ig storm water improvements on Casco Point Road. 2. Determination by the Council as to the direction they desire to takc in relationship to this matter. INTRODU_CTI_ON - As noted in Attachment B the property owners have agreed to the payment of the feasibility study should the Council choose not to go ahead with the study. In addition the City's Engineer has been able to complete the feasibility study in relation to the matter. DISCUSSION - As noted the Engineer has presented three alternatives which vary as to amount of storm water ponding that is undertaken on the back of the properties. His report includes the means to finance and the process to continue exploration of the matter. The issue of a catch basin coming from any allowed walkout has not been directly addressed in the repor� although this private improvement could be hooked directly into any piping that would be put in. Public improvement in this matter would necessitate a schedule similar to the one outlined in Mr. Cook's report. As such, the deadline given Mr. Waters of June 15, 1988 for complete restoration would be appropriate to have delayed if the public project were to be undertaken. There is a possibility that this project could be undertaken pri,,ately as the bulk of the work is on the Waters' property and may be within what was contemplated by the property owner in the restoration of his property. Coupling this with the fact that a substantial amount of the drainage is from the Dennis' and Waters' properties, it may save some of the Axpenses involved in a public project. The system as outlined is designed for the 100 year storm event. ALTERNATIVES Issue 1. Receipt of Report 1. Accept 2. Table Issue 2. Storm Water Improvement 1. Direct staff to indertake a public improvement on the schedule presented. 2. Grant an extension to Waters for r?storation of the property predicated on the public improvement. 3. Table 4. Determine if Council would allow a private improvement with subsequent public maintenance. 5. Allowing a private improvement and private maintenance. 6. Choose to take no action. RECOMMENDATION - It is recommendeh that the Council explore with Mr._Waters and Mr. Dennis the possihility of their undertaking private improvement -itilizing the lA inch solution with the understanding that the City would receive the necessary easements and then take over maintenance of the line, once completed. Absent that the staff recommends that Council consider furthering the public improvement process as outlined in Attachment A. PROPOSED MOTION - Moved by , seconded by --1, that the Council direct staff to work with the two affected property owners to determine the appropriateness of private construction with eventual public maintenance with attendant easements and the Council grant an extension for restoration of the prop?rty during the tendency of these improvements until 15 September 1988. Ayes , Nays cc: Todd Waters John Dennis David Davenport Report Storm Wa.ar Improvements Casco Point Road Orono, Minnesota File 13941 May 18, 1988 Honorable Mayor and City Council City of Orono Box 66 Crystal Bay, Minnesota 55323 Re: Casco Point Rood Storm Water Improvements Our File No. 13941 Dear Mayor and Councils Transmitted herewith is the feasibility report for the Casco Point huad storm water impr,vcments. The project reviews three alternates for controlling the runoff from the drainage area. The report provides a detailed cost estimate of the work being considered and a plan of the area. We would he pleased to meet with the City Council at your convenience to review the proposed project. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK 6 ASSOC,ATES, INC. c"- �14 r- v /t /" "L Glenn R. Cook, P.C.. GRC:kf I hereby certify that this Report vas prepared by me or under my direct supervision and that I m a duly Registered Professional Engineer under the laws „f the State of Minnesota. Glenn R. Cook, PA 01391119 Der ai May 18, _1988,_ �� Reg. No.-94'11 TABLE OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COSTS AND ASSESSMENTS CONCLUSIONS AND RECOMMENDATIONS APPENDIX - COST ESTIMATE FIGURE 1 - DRAINAGE AREA 2 011911 + PAGE NO. 1. 2. 3. 4. S. 6. INTRODUCTION Thi City of Orono has requested this report to determine the best method of handling the storm water runoff from a small wateushed along Casco Point Road. During construction of a new house at 3061 Casco Point Load, one of two existing outlet pipes were removed. v se of this study is to determine the size of the replacement outlet pipe The existing outlet pipe at 3055 Casco Point Road is not adequate to handle a significant portion of the runoff. The pipe rune tinder the existing home and could not be repaired if a problem were to occur. We did not elect to consider the capacity of this pipe when determining the size of the new outlet pipe. drainage area is landlocked with no safe overflow drainageway. The water will flow into the garage at 3055 C.sco Point Road before reaching a natural overflow. 3 - 01-)91119 INTRODUCTION The City of Orono has requested this report to determine the best method of handling the storm water runoff from a small watershed along Casco Point Road. During construction of a new house at 3061 Casco Point Road, one of two existing outlet pipes were removed. The purpose of this study is to determine the size of the replacement outlet pipe. The Existing outlet pipe at 3055 Casco Point Road is not adequate to handle a significant portion of the runoff. The Pipe runs under the existing home and could not be repaired if a problem were to occur. We did not elect to consider the capacity of this pipe when determining the size of the new outlet pipe. The drainage area is landlocked with no safe overflow drainageway. The water will flow into the garage at 3055 Casco Point Road before reaching a natural overflow. 3 - 01391179 INTRODUCTION The C:_y of Orono has requested this report to determine the best method of handling the storm water runoff from a small watershed along Casco Point Road. During construction of a new house at 3061 Casco Point Road, one of two existing outlet pipes vere removed. The purpose of this study is to determine the size of the replacement o-itlet pipe. The existing outlet pipe at 3055 Casco Point Road is not adequate to handle a significant portion of the runoff. The pipe runs under the existing home and could not be repaired if a problem were to occur. We did not elect to consider the capacity of this pipe when determining the size of the new rea is landlocked with no safe overflow drainageway. The to the garage at 3055 Casco Point Road before reaching a INTRODUCTION The City of Orono has requested this report to determine the best method of handling the storm water runoff from a small watershed along Casco Point Road. During construction of a new house at 3061 Casco Point Road, one of two existing outlet pipes were removed. The purpose of this study is to determine the size of the replacement outlet pipe. The existing outlet pipe at 3055 Casco Point Road is not adequate to handle a significant portion of the runoff. The pipe runs undor the existing home and could not be repaired if a problem were to occur. We diu ,-t- elect to consider the capacity of this pipe when determining the size of the new outlet pipe. The drainage area is landlocked with no safe overflow drainageway. The water will flow into the garage at 3055 Casco Point Road before reaching a natural overflow. - 3 01391179 DISCUSSION The drainage area for this watershed is approximately 3.25 acres as shown on Figure 1. The topography is rolling and high rates of runoff would be expected. There is some temporary ponding available if the backyard areas are flooded. We reviewed three alternates for providing the storm water outlet capacity. Alternate I would be to design for maximum storage with minimum outlet capacity. Alternate II would be to design for a safe amount of storage with a modest outlet capacity. Alternate III would be to provide for minimal storage and a maximum outlet capacity. The environmental impact for each of the alternates varies significantly. Alternate I would provide an eight inch outlet pipe with approximately 0.5 acre-feet of storage required in a major storm. This could bring the water elevation above the garage floor at 3055 Casco Point Road. The construction of an overflow drainageway would be necessary with this alternate. Alternate II would provide a ten inch outlet pipe with approximately 0.35 acre-feet of storage required in a major storm. This would bring the water elevationi to a point 0.5 feet below the garage floor at 3055 Casco Point Road. The construction of an overflow drainageway would be desirable with this alternate. Alternate III would provide an eighteen inch outlet pipe and virtually no storage would be required. The construction of an overflow drainageway would not be necessary with this alternate. - 4 - 01391119 The total water discharged to the lake is nearly the same for all three alternates. The rate of storm water runoff is greatly reduced for Alternates I and II. The following is a summary of the outlet rates for each alternate. Pipe Design Discharge Alternate 1 8" 2 cfs Alternate II 10, 4 cfs Alternate III 18, 17.5 cfs Reducing the rate of runoff improves the water quality discharge to the lake by allowing solids to settle out. The floating debris can be controlled by constructing a baffle weir near the inlet. 01341179 PROJECT COST AND ASSESSMENT The project cost and assessment rates for the storm water improvement are outlined in this section with a detailed cos* estimate provided in the Appendix. The indicated prices are as projected for the 1988 construction season (ENR 4500). Estimated Project Cost Alternate I $ 9,230 Alternate II $10,100 Alternate III $10,600 The project costs are proposed to be assessed to the benefiting property owners in the watershed on an acreage basis. There are 3.25 acres in the watershed with the cost per square foot for each alternate shown below. ESTIMATED ASSESSMENT RATES Project Cost Assessment Rate Alternate I $ 9.230 0.065/sq.ft. .11ternate II 10.100 0.071/sq.ft. Alternate III 10,600 0.075/sq.ft. The above indicated project costs do not include ponding easements or pipe line easement acquisition costs. These costs could be as high as the construction posts if condemnation is necessary. 6 - 01391179 CONCLUSIONS AND RECOMMENDATIONS The project as reviewed herein is feasible as it relates to general engineering principals and construction procedures. Based on information contained in this report, it is recommended that: 1. This report be adapted by the City of Orono as a guide for constructi:: :.: a storm water improvement on Casco Point Road. 2. The City conduct a legal and fiscal review of the project prior to a public hearing. 3. A public hearing be held to determine further action to be taken. The property owners in the watershel which are proposed to be assessed should be notified for hearing purpoags. 4. Alternate II be followed in constructing the improvements. 5. The following schedule be followed if the project is to proceed: Receive Preliminary Report May 23, 1988 Hold Public Hearing June 13. 1988 Order Plans 6 Specifications June 13, 1�98 Approve Plans 6 Specifications June 27, 1988 Receive Bids July 8, 1988 Award Contract July 11, 1988 Start Construction July 18, 1988 Complete Const::uction Au3ust 15. 1986 7 FJ13911J9 The most desirable way for the project to proceed is to have the property owner at 3061 Casco Point Road install the selected outfall line. The City would then acquire the necessary easements and assess that cost ov,- the entire watershed. 01391179 APPENDIX COST ESTIMATES ALTERNATE I 180 Lin.ft. 8' PVC e $20.00/lin.ft. $3,600.00 2 Each Catch basin @ $1,000.00 2,000.00 10 Each Rip rap 1 $50.00/cu.yd. 500.00 LUMP SUM Grade overflow @ S1,000.00/L.S. 1,000.00 Total Construction $7,100.00 + 30Z Legal, Engr., i Admin. 2,130.00 Total Project Cost $9,230.00 ALTERNATE II 130 Lin.ft. 10' PVC @ j25.00/lin.ft• 'v3,250.00 50 Lin.ft. 8' PVC 8 $20.00/lin.ft. 1,OQO.00 2 Each Catch basins ! $1,000.00/ea. 2.000.00 10 Cu.yds. Rip ran @ $50.00/cu.;•d. 500.00 LUMP SUM Grade overflow @ $1,000.00/L.S. 1,000.00 Total Construction $7,75u.n0 + 30Z Legal, Engr., i Admin. 2,350.00 Total Project Cost $10,100.00 ALTERNATE III 130 Lin.ft. 18' PVC @ $35.00/lin.ft. $4,550.00 30 Lin.ft. 15' PVC a $30.00/lin.ft. 900.00 10 Lin.ft. 8' PVC t $20.00/lin.ft. 200.UO 2 Each Catch basins @ $1,000.00/ea. 2.000.00 10 Cu.yds. Rip rap @ $50.00/cu.yd. 500.00 Total Construction $8,150 00 + 30Z Legal, Engr., i Admin. 2,450.00 Total Project Cost $10.600.00 9 01391179 w ja i it POPHAM, HAIK,SCHNOBRICH 6 KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 WAYNE D.POPMAM JAMS A. PAYNE TELEPHONE O. RANDALL SOYER RAYMOND A. HAIK DAVIU • JONES SI=-333-�SOO SRIAN N. JOHNSON R"r, w.SC-NOSRICM LEE E ' IEEHY W KUCK O(NyEp MAUIMAN ALAIN rRECON TELECOPIER CAROLTIMOTHY SWANS CAROL • SWAN SON ROSE1T A, MINIS- LESLIE OILLETTE 1331 612-334-2'13 DOUCE A. PETERSON ROLIE A.WORDEN MICHAEL T,NILAN 1321612- 33A-2T61 JULIE A.SWEITZER O,MARC W-ITEHEAO ROSERT-.LYNN THOMAS C.MI(LENHAUSEN SRLICE D. WILLIS THOMAS M. SIPAINS 1311 S12-334-2303 MICHAEL D.CHRISTENSON FREDERICK S. RIC-ARDS ROSERT C. MOILANEN J. MICHAEL SCHWARTZ D, w0SERr JNNSON THOMAS/.NELSON TODD M. JOHNSON OARY R. MACOM SER THOMAS J. RADIO SUITE 210!" JEFFREY P. CAIRNS p0RER7 S. SURII DAVID L. HAS-IIALL ,200 SEVENTEENTH STREET LOUIS P. SMITH NVIiI V PLLI ' It. AATHLEEN M, MARYIN DENVER, C OLORADO 00202 BRUCE H. LITTLE Ipf i7E�' JWN "0,, - .1. ` JOHN G.CMILDS DOUGLAS P. SEATON TELEPHONE 707-693 1200 MApK F PAL AA RVSSCII S PON[SSA JAMLS`" I E�LEN THOMAS E.SANNER 'LECOPIER 303-493-2194 SPYAN L.CRAWFOPO JAM ES 9. LiC -APT RICHARD A. KAP.AN MATTVEW E. DAMON ALLEN W.HINDERAKrR 9RUCE 9.MFPMSETEP3 SUITE 300 SOUTH JOHN W PROVO CLIfrOR,, M. t10E ENE SC OTTE. "1 CMTEa ISOO M STREET, N. W. ELLEN SUE PARKER D, WILLIAM KAUFMAN PAUL J. LJNSTROT- WAr HINOTON, D. C. 20036 GREGORY 0. BROOKER 641CHAEL O. IPEEMAN SCOT' A. SMIYM TELEPHONE 202-026-5300 WILLIAM M. OJILE, JR. HOWARD SAM Mr ENS, NI DONALO M. LEWIS YERMANCE A. SOS TELLO LARRY D. ESPEL ELIZABETH A THOMPSON T[L[COV ER 202-626-Slls JOLEPM O. VASS JANIE S•MAYERON KEITH J.MALLELANO DIRECT DIAL NUMDER SRIAN W. OHM THOMAS J. BARRETT MARK 9.PET[RSON STEYEN A. CHELESNIK May 9, 1988 Mr. Todd Waters 3061 Casco Point Road Wayzata, MN 55391 Dez,r Mr. Waters: GREGORY D. SCOTT ROSANNE O. ZAIDENWESER ROSERT C CASTLE, THERESE M, HANA[L JULIE rLEMINO-WOLIE DESORA- A. OTSON ZACHERY M. JONES SENSON K. WHITNEY KATHRYN M. WALKER OEOROE J. SOCHA SHANr R. KELLEY SUSAN M. WEIS MARK F. TEN EYCK DUANE w. NO[CKER OF COVNSFL ►RED L.MORPISON AO M,T1l0 IK IOWA •AOMITYEO IM ILLIKO,S At the last coursel meeting oti April 11, 1968, you and Mr. John Dennis agreed to pay foi I,"' t1,.e costs, up to $750.00, for a feasibility study regarding a possible public improvement of the area around your home. You agr-ied to pay this in the event the Cit-y Council determined to take no action t( ieviate the water drainage problemi of which you complain. If L2.e City Council does -P),-e such action, then neither you nor Mr. John Dennis would be liable for the costs of the study. However, should the project be ordered to be undertaken by the Council you are subject to the special asseegwent of which the costs of this rtudy would he a pa*-t. The city of Orono makes the agreement on the conditicn that the decision to fund a water project in the future is at its sole discretion and that your obligation to pay for the study is not contingent on any gjestion x ether the City shoull have funded such a project.. The City further requires that your liability is Joint and several with Mr.. John Dennis. That means that the City may collect the amount owed from either or both of you. Mr. Todd Waters May 9, 1988 Page Two If you and Mr. John Dennis agree to these terms could you please sign this letter at the space provided below. I have enclosed two extra copies for your records. TJB/dlb/4595j Enclosure Sin AGREED: M�/ /v, r. To d Vaterew ./John Dennis 51988.2 ; ( ? 3 TO: Mayor and City Council t3 � � Vr �01it��SCLi� FROM: Mark Bernhardson, City Administrato DATE: May 19, 1988 SUBJECT: Mayoral Presentation at Long :,ake Council Meeting - May 17, 1988 ISSUE 1. Presentation to the Council of information outlined by Orono's Mayor, James Grabek, at the Long Lake Council meeting on May 17, 1988. 2. Indication of Council concurrence in further pursuing the matter. INTRODUCTION - In his remarks to the Long Lake Council, Mayor Grabek outlined areas that the two cities currently cooperate in, areas that are of immediate concern to each of the cities and areas for cooperation in the future. He additionally proposed a means by which the cities could undertake to increase this cooperation. This consisted of having both Councils meet together in open session utilizing a facilitator/mediator to work with the two groups to see if there is common ground for developing more cooperative solutions. Mayor Grabek indicated that prior to any cooperation on the part of Orono, however, that Long Lake's desire for annexation of property in Orono would have to be resolved. In response to this the Long Lake members felt that since this was a pre -condition to any further cooperative arrangements between the two cities tl � the cities should meet in the manner proposer] by Mayor Grabek to discuss the annexation issue. Both have indicated a desire to have the first meeting in either June or July. The Mayors and City Administrators were directed to arrange for the facilitator and set up the meeting. It was indicated by Long Lake that their desire for any annexation applied strictly to their sewer plant property in the City of Orono. Presently Arlo Vande Vegte and myself are working to determine names of fac i 1 i tors. ALTERNATIVES Issue 1. Receipt of Information 1. Accept 2. Table Issue 2. Further Action 1. Concur with direction 2. Table 3. Choose to take no action 4. Amend and concur RECOMMENDATION - It is recommendod that the Council accept the information regarding the meeting and concur with the Mayor's direction for working towards this cooperative format. PROPOSED MOTION - Moved by , seconded by _, that the Orono Council concur with the direction presented by the Mayor at the Long Lake Council meeting on May 17, 1988 and direct the Orono Mayor and staff to establish the first meeting with the fanilitator and the City Council of Long Lake in the June/July timeframe. Ayes Nays _ cc: City of Long Lake 51788.5 ��?il�u'��- ��•i��iG TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: May 17, 1988 SUBJECT: Resignation From City Council - William Sime Attachment A. William Sime Letter Dated 5/10/88 B. Vacancy Selection Memo Dated 12/29/87 C. Proposed Resolution of Acceptance of Resignation D. Proposed Resolution Declaring Council Seat Vacancy ISSUE 1. Acceptance of resignation from William Sime to be effective 1 July 1988 2. Declaration regarding vacancy seat. 3. Establishment of process for selection replacement. INTRODUCTION - As noted in Attachment A Councilmember William §ime fs tendering his resignation as a Councilmember effective July 1, 1988. DISCUSSION - At the Council's January 12, 1987 Council meeting Council adopted the process set forth in Attachment 8 as the means to fi 11 the vacanr_y on the Counci 1. A vacancy as created by Mr. Sime's resignation in the second year of a four year term will necessitate *hat position will be only filled at this point until the en,, of December. Anyone interested in this position or any other Council seat wi 1 1 need to f i le for the position for the term starting 1 January 1999. As was the case in 1986, the two top vote getters in 1988 will fill the two vacancies for four year term and third highest vote getter will fill the unexpired two year portion of this term. As the Mayor will be absent for the June 12 and 27 Council meetings he has requested that interviews and selection be scheduled for to the .Tuly 11, 1988 meeting. ALTERNATIVES Issue 1. Acceptance of Resignatinr a. Adopt proposed resolution b. Amend and adopt C. Table Issue 2. Declaration of Vacancy a. Adopt proposed resolution b. Amend and adapt C. Table 1 Issue 3. Selection of Replacement a. Appoint an individual b. Determine criteria for selection of candidate C. Utilize process previously utilized for Council vacancy RECOMMENDATION - It is recommended that the Council adopt the two resolutions _ accepting the resignation and declaring the vacancy and establishing an open selection process for the position with interviews for the position on July 11 with selection following. PROPOSED MOTJON - Moved by _ , seconded by that the Council adopt Resolution No. accepting Councilmember Sime's resignation effective 1 July 1988 and Resolution No. declaring a council vacancy and additionally establish an open selection process to fi l l the vacancy. Ayes , Nays WILLIAM J. SIME, JR. 2106 SHADYWOOD ROAD • WAYZATA, MINNESOTA SS391 • 471-0296 MAY 10, 1988 MAYOR JAMES GRABEK CITY OF ORONO P.O. BOX 66 1335 SOUTH BROWN ROAD CRYSTAL BAY, MN 55323 Dear Mayor Grabek: It is with deep regret that I submit my resignation from the Orono City Council effective July 1, 1988. It has been a privilege to serve with you, ■y fellow council members, and our top notch Orono City Staff. Unfortunately ■y personal situation has changed very dramatically, and it is no longer possible for me continue as an Orono councilmember. My sincere thanks to all ■y friends and neighbors who gave we such an overwhelming vote of confidence in the last election. It was the finest tribute imaginable. I wish to reassure all of the residents of our fair town that the City is very much alive and well. Orono is in very good, capable hands and is working with and for all of us. Cordially yours, William J. Sine, Jr. rr: Edward Callahan J. Diane Goetten Barbara Peterson Mark Bernhardsonk 122966.4 Clti1 iU TO: Mayor and City Council � JAN IS$67 FROM: Mark Bernhardson. City Administrato�� b^ OF MW n DAB: December 29. 1986 368.itCTI Exiting Coumoil t846601 , Y Atts•hmoutei A. Letters •i'Imtant '•: D. SomDl• Latt•r teau*sting Attendance at 1/12/87 I3SUI - method f,i:1G t k becoming ividual. to fill the Coun-jil 4 sgiF vacated upon INTRODUCTION - As you are probably aware the City has placed ads n the our local newspapers. together with sending letters to allthatd to al 'r•n for Councilanninandr indicating that thereCommission membersa would bola indivvaca cy iduale Attached are the following names of persons who have indicated their interest. Ed Callahan Julie Herren Charles K*119y Mariann Rientler Gary Printup Earl Dorn Edward C. brown III LaDeon Mcwilliams Thomas Casey Tie staff requested those who indicated interest to be in attendance at 8:0,1 P.M, this Council meeting. ' RECOMMENDATION - In light of the fact that their January 26th will probably not be able to be held. due to lack of a Quorum. it is pr<,posed that the Council interview these persons at this meeting and that a selection be made at the February 9. 1987 meeting. PROPOSED MOTION - Moved by seconded by . having interview*" candirect for the position of Council the staff is Interested ca directed and direct staff to obtain any additions! information desired by Council and place on the February 9. 1987 agenda for a decision. Ayes —. Nays - . crryarojos4 ti On Me AbP Sham of Leho Mimmsbaft December 22, 1946 Mr. Edward Callahan i�' 2565 North Shore Drive 4, Crystal say, MN 55323 Dear Ed, Thank you for indicating your interest in the position on City Council. As you may know the Council has directed me to solicit names of individuals interested. At the Councils January 12 meeting they will further discuss the screening and appointment Process. Applications will be taken thru January 6, 1966. If anything further is required, I will be be in contact with you. Merry Christmas and Happy New Year. Since ely, k Bernhardson Ci y Administrator i nntewatnHa+c 4717"7 ft O61r1V#1MA,W)NAPWOAMA-4i}9190 0 Pt%Llr%VVK2 471795* ASZVVW t r City of ORONO RESOLUTION OF THE CITY COUNCIL NO, A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMEMBER WILLIAM J. SINE, JR. WHEREAS, Councilmember William J. Sime, Jr. submitted his letter of resignation to the Orono City Council dated May 10, 1988; an.'i WHEREAS, Councilmember William J. Sime, Jr. stated that his resignation will be effective July 1, 1988. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, Minnesota, accepts Councilmember William J. Sime, Jr's resignation with deep regret. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 23, 1988. - Jam-e--s--- --r a be- k,-Ray-or ----------- - a ltin,City rk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DECLARING A VACANCY IN THE OFFICE OF COUNCILMEMBER OF THE CITY OF ORONO WHEREAS, William J. Sime, Jr. resigned as a Councilmember of the City of Orono, Minnesota to be effective July 1, 1988. NOW, THEREFORE, BE IT RESOLVED that a vacancy now exists for the office of Councilmember for the City of Orono, Minnesota. Adopted by the City Coun-i I of the City of Orono, Minnesota at a regular meeting held May 23, 1988. ------------------------------------ ,t3rt�es R. Grabek, Mayor ATTEST: Dorothy M. HaIiin, City Clerk 51788.6 17 Council O `i'V -, *STING TO: Mayor and City FROM: Mark Bernhardson, City Administrator a%i 23 19�;r3 DATE: May 17, ; r.88 SUBJECT: 3536 Lyric Avenue Attachment A. Tom Jacobs' Memo Dated 7/13/87 B. Tom Jacobs' Memo Dated 11/17/87 C. Tom Jacobs' Memo Dated 5/11/88 D. Lyle Oman's Letter Dated 5/11/88 ISSUE - 1. Providing the Council with updated information and actions in relation to the above listed property. 2. Providing the Council with the opportunity to direct further action in this matter. INTRODUCTION -As the Council has been aware, this property has been the subject of several City contacts since 1982. The resieent has continued to violate selected City ordinances and accoriing to the neighbors is an aggravation to them. DISCUSSION_ - In 1987 the Council following due process was ready to_revoke_ the gentleman's temporary certificate of occupancy and had undertaken hazardous buildings proceedings. The owner at that point decided to cooperate with the City and make the necessary repairs to his house, which were primarily foundation problems, which he did by raising his house up 6 feet and installing a 6 foot high exposed foundation wall. As he had drawn a permit and the work continued and is now mostly complete the City was not in a position to deny him his right to undertake this work. As noted in Attachment A the City did undertake in the response to complaints; a review of vehicles on the property and did cite Mr. Henke for violations of selected statutes, this went to Court in March and Mr. Henke was given a suspended one year sentence predicated on no further violations. In response to complaints the week of May 2 the City again reviewed the property on the 9th and has further cited Mr. Henke regarding this. Currently the City is awaiting review of this matter by the Prosecuter to see not only what effect this has in relationship to the current citations but also what impact it has on the suspended one year sentence. The City is attempting to review, as time permits, the possibility of the occupant of this address running a used car business from that site. There are however certain aggravations to the neighbors by this property owner that the City is not presently able to do anything about . One of the neighbors has ind, r desire to attend the Council meeting to discuss this is_ ALTERNATIVES - 1. Accept the information 2. Table for further information Issue 2. Futher Action 1. Continue enforcement of ordinances on a complaint basis. 2. Routine reviews of the property regarding selected issues. 3. Explore the position of a temporary injunction regarding the storage of vehicles and other debris on the prope r t; . RECOMMENDATION - It is recommended at this point that the Council not_afrect_any further action by the staff apart from periodic review of the property to note violations together with exploring the issue regarding the possible use of the property for storage and merchandising of used cars. PROPOSED MOTION - Moved by , seconded by , that the Council accept the information regarding 3536 Lyric Avenue and that the staff be directed to further pursue vehicle violations as '-hey relate to the property. Ayes , Nays cc: Dolly Wiederhoft, 3551 Lyric Avenue t/ TO: Mark Bernhardson, City Administrator FROM: Tom Jacobs, Buildinq Official DATE: July 1:, 1987 SUBJECT: 3536 Lyric Avenue - Hazardous Building Action The following events have taken place regarding the above subject property: June 15 1987 I met vith Mr. Henke and his contractor. During this meeting we discussed what must be done to the footings and foundation. Mr. Henke, at this time, decided to install a full basement under the structure. I gave him a building permit application. June 18, 1987 I met with Mr. Henke, he had filled out a building permit application and submitted it for a permit (footin93 and foundation) a permit (;6421 attached) was issued after much discussion on if he could live in the structure while the basement was installed. Because of same or :similar cases, I to,d him he could live in the structure as long as a licensed house mover lifts and secures the st:ucture. Also we discussed deadlines for him to respond to, July '1, 1987 he was to get a letter into the City requesting an extension and that he would complete the work. Mr. Henke then left with his building permit. June 25, 1987 Mr. Henke contacted me on the phone requestinq a site inspectioi of the roof. I explained to him, after I was on the s2 te, that he would have to finish the roof, clean up shingles, :n^tall a drip edge, finish siding (corners), and install stairs which met code. I also explained again that hazardous building action would continue if he did not qet a letter in explaining his intentions. June 31, 1987 Mr. Henke brought in a letter stating that tootings and foundation would be instal .ed the end of August and completed in September 1987. (Letter attached I felt - that thu City Mr. Henke every possi')le chance to pertorR sty to this as he said he would have the money :!-vd ri. I have not heard `rom him since. Hazardous building action shoulci be or, h(,ld until September lei, 1987. r_c: Jeanne Mabusth, Zoninq Administrator Kathleen Hlatz, City At.t •-ney To: Mark E. Bernhardson, City Administrator From: Thomas J. Jacobs, Building Official Date: November 17, 1987 Subject: 3536 Lyric Avenue - Jurk & Debris •- Inoperable Vehicles As per your request I am submitting a chronological list of action taken on the above property. April 1, 1983 Received a complaint from Orono Police Department that Mr. Henke was storing junk in front yard and burning without permit. This was confirmed and Mr. Henke was given until April 5, 1983 to correct the matter. July 31, 1984 Letter sent asking fir. Henke to appear before Council to respond to reports of operating auto repair and abandoned cars on property. Aug. 20, 1984 Letter sent advising Mr. Henke that his scheduled appearance was rescheduled to September 10, 1984. Aug. 22, 1984 Inspection conducted at above subject property by Lyle Oman found the following: 1. Chev Truck Lic. #MP 541 2. Cadillac Lic. #FDA 997 3. VW Bus Lic. #622-605 - Collector 4. Pontiac Lemans Lic. #EVM 426 5. Snowmobile Lic. 4Y 1903 Chaparral 6. Snowmobile Lic. #CN 388 Chaparral 1. Various Car Parts 8. 2 Oil Drums Aug. 27, 1984 Inspection conducted by Lyle Oman tuund: 1. VW Bus 2. Pontiac Lemans All other items listed on Auqu..t 22, 1984 had been removed. Aug. 2), 1984 Inspection conducted by Lyle Oman found: 1. VW Bus Z. Pontiac Lemans 3. Cadilac Aug. 31, 1984 Inspection conducted by Lyle Oman found same automobiles as ones listed on August 29, 1g84. Aug. 31, 1984 Received letter from Henke requesting that his appearance be reschedules' Sept. 6, 19P4 Inspection conducted by L,. Oman four-1: 1. Pontiac 2. VW Bus Sept. 10, 1984 Letter sent to Mr 'ijnke rescheduling his appearance to October 15, 1984. Sept. 10, 1984 inspection condt:cted by Lyle Oman found: 1. Cadilac s. VW Bus Sept. 19, 1984 Inspection conducted by Lyle Oman found: 1. VW Bus 2. Cadilac 3. Chev Vick -up C 3536 Lyric Avenue - chronological L:st of Action 'iaYt. November 17, 1987 Pag : 2 of ? Sept. 21, 1.984 Letter s+ to Mr. Henke of no p..ogLtss on: 'call grass :,torage of junk cars 3. junk and debris not removed Sept. 21, 1984 Inspection conducted by Lyle Oman found: 1. Dodge Van Lie. #AEU-873 2. Chev Pick-up 3. Cadilac 4. VW Bus Sept. 21, 1984 Citations issued for following: 1. Improper storage of junk cars and debris 2. Ta'.1 gras3 Sept. 26, 1984 Inspection conc::.,_ted by Lyle Oman. No change from September 21, 1984 i,,3pection. Oct. 10, 1984 Mr. Henke weR before Council and spoke on the matter. Oct. 10, 1984 Inspection conducted by Lyle Oman found: 1. Cadilac 2. Dodge Van 3. Chev Pick-up 4. Cadilac Lie. #CUR 281 1986 city was continuing w Lth en; � -it of footings anZ► foundation. 196" Oct. 12, 19k7 Rec,:ved oompla2nt on junk cars and oe bris in front yard. Oct. 1.3, 198, napeetion c,5r,ducted by Jeanne M.abusth 6 Tor, ..'acobs foind : 1. Camper (Explorers Lie. #Oklahoma V-11594 2. Chev Van Lie. #LME 266 3. Cadilac Lie. OCJR 291 4. plywoo(- 2 Sheets 3. Some debris pn... 17, 198! .spec wis conduct-d by '"--^ Txcubs found: 1. 2. Van 3. c 4. '1 ld metal cabinet, washing machine, plastic ?-ant,, old push lawn mower and bed spring. r` _r, Mr. Henke is i,i violation of are as follows r_opaf' Oror _`1 isi 11 stor.le of Refuse. Items stored is 4e e idered -fu_. and m-.st t.p removed with-,r, 7 days. 5� 9 - :-uUjic Nu,mj:. Henke is maintaining conditions wh1 )nreasor,ably annoys; + rro members of the publ e. �'ttori 9.22 - i'�rm,rtir ; "ublic Nuisance. Enforces Section 9.21. 3536 Lyric Avenue - Chronological List of Action Taken Novemi-,�r 17, 19E7 Page 3 of Section 9.50 - Junk Cars, furniture, house' d furnishings and appliances on public or private property. Items _ored in front yard, inoper,-,ble and unlicensed vehicles not allowed. Section 9.52, Subdivision 2 (S) - Parxing of recreational camping vehicle: Mr. Henke's camper is within 10 feet of the property line. Section 9.55, Subdivision 1 - Maintenance of Private Property. It is the duty of the property owners to maintain property in a neat and presentable manner free of junk and debris, etc. Mr. Henke has not maintained his property. Section 10.60, Subdivision 13 - Exterior Storage in Residential Districts. This section does not allow Mr. Henke to store mobile materials and equipment unless in a building or fully screened. Section 10.60, Subdivision 14 - Waste Materials. Also requires waste materials to be stored in building or in container with exception of construction materials. Action taken has been by letter other than in 1984 citations were issued, and Mr. Henke has o-en brought. before City Council on thp.:e matters. AT G TO: Mark Bernhardson, City Administrator FROM: Tom Jacobs, Building Inspector DATE: May 11, 1988 SUBJECT: 1536 Lyric Avenue - Chronological List Update As per your request I am enclosing two chronological lists for this property dated July 12, 1987 Hazardous Building Action and November 17, 1987 Junk and Debris - 'noperable Vehicles. The following is a continuation of these lists. September 3, 1987 Ernst House Movers obtain permit to lift existing structure. September 28, 1987 Footing inspection conducted by Lyle Oman. October 12, 1987 Mr. Henke obtained a pe-m't for addition to existing structure. October 13, 1987 Plumbing inspection made by Tom Jacobs - All OK - Need plumbing permit. October 23, 1987 Foot.ng and foundation inspection made by Lyle Cman - Everything OK. November 17, 1987 An inspection was conducted at the site. Found violations as follows: a) Storage of refuse b) Permitting a public nuisance maintaining conditions which annoy the public c) J.jnk cars, furniture and etc. d) Exterior storage in residential district e) Improperly storing waste materials f) Not providing an exit November 19, 1987 Letter sent pertaining to inspection - included was a warning citation and notifir;�*ion that corrections were to be made wi• n 7 days. November 25, 1987 Meeting on cite with Mr. Henke items to be removed by November 28, 1987. November 26, 1987 Letter sent on deadline dates set at meet I. November 28, 1987 iF lead1ine date G November 30, 1987 Citations were issued - 4 in total for following: a) Improper storage of recreational vehicle b) Improper storage of junk and debris c) Not maintaining a legal exit from building d) Improper maintainance of property December 2, 1987 Photos taken by Lyle Oman. December 4, 1987 Receive call from Mr. Henke that everything was taken care of. Mr. Henke then went to Hennepin County Court at Ridgedale and was given a stayed sentence for 1 year plus Court cost. December 8, 1987 Plumbing permit obtained by Mr. Henke. December 9, 1987 Plumbing rough -in inspection, framing and insulation inspection trade by Lyle Oman. Van and car in running condition. December 2j, 1987 Site inspection stairway - OK by Lyle Oman. May 9, 1988 Site inspection conducted by Lyle Oman. 6 vehicles and a boat trailer. Action pending. May 8, 1988 Site inspection by Tom Jacobs. Mr. Henke has not started the addition on the rear of the structure. Work has been slow but progressing. cc: Jeanne Mabusth, Zoning Administrator n CITY of ORO NO Post Office Box 660('ryetal Bay, Minnesota 55.323aMunicipal Offie" On the North Shore of Lake Minnetonka May 11, -1988 Charles L. Henke 3536 Lyri._ Wayzata, MN 55391 Re: Unlicensed Inoperable Vehicles Dear Mr. Henke: On 5/9/88 an inspection was conducted at the above subject property which revealed the following code violations: Storage of unlicensed inoperable vehicles: Dodge R.V. License 1R/V66381 Expired "7 Cadilac License #CJR281 Expired '86 Boat & Trailer License ND90-035 Expired '87 The above is in violaton of Orono Municipal Code Section 9.50. I am writing this letter to inform you that these vehicles must be licensed and operable or removed from the property before 5/25/88. If corrective action has not been made by that time citations will be issued and the mattered referred to the City Attorney for further legal action. If you have any questions, feel free to contact me at my office. Lyle Oman Field Inspector cc Mark Bernhardson, City Administrator Jeanne Mab6sth, Building & Zoning Administrator Michael Gaffron, Assistant Zonning Administrator Thomas Jacobs, Building & Fire Inspector Scott Richter, City Attorney Enclosure: Code Section 9.50 LO/lh BUILDING A ZONING ING - 473 71.57 • ADMINISTRATION A FINANCIF - 471-7158 • rVBLIC WORKS - 471•/1S1 ASSI':SSING 52088.3 / TO: Mayor and City Council FROM: Mark Bernhardson, City Administratow%K DATE: May 20, 1988 �` � 23 19c9 SUBJECT: Building Code Board of Appeals (:^YF rU Attachment: A. City Attorney,Memo Dated 5/20/88 ISSUE 1. Receipt of information regarding Building Board of Appeals process. 2. Receipt of information regarding appointment of local Building Code Board of Appeals. INTRODUCTION - At the Council's May 9, 1988 meeting, Trinity Lutheran Church raised the issue regarding a variance to the Building Code as it relates to the sprinkler requirement. In response to Counci 1's request for information as to the process and City authority in the matter, Attachment A is provided. The Building Inspector has contacted five individuals regarding appointment to the Board. Upon receipt of resumes from these individuals, the staff will submit a recommendation regarding appointment to the Board. To date, the Church has not submitted an alternative to the code or a request to appeal the Building Official's decision. ALTERNATIVES Issue 1. City Attorney Information 1. Discuss and accept 2. Request further information 3. Table Issue 2. Building Board of Appeals 1. Accept information regarding appointment 2. Table RECOMMENDATION - It is recommended that the Council accept the Information regarding the Building Code Board of Appeals. PROPOSED MOTION - Moved by , seconded by , that the Orono Council accept the information regarding the Building Code Board of Appeals. Ayes , Nays cc: Trinity Lutheran Church 1 `6� L�� ..7 MEMORANDUM I' I MAY2� ! TO: Mark Bernhardson FROM: TJBarrett/BKWhitney RE: State Building Code Background and Appeal Procedure --Application to Trinity Lutheran Church DATE: May 20, 1988 BACKGROUND The Minr:esota Legislature has adopted a Stag Building Code, Minn. Stat. § 16B.59-85 (1987), and all municipalities must adopt and enforce the provisions of the code. Minn. Stat. § 16B.62, subd. 1 !1987). The Commissioner of the Department of Administration ("Commissioner") has been invested with authority to establish the requirements of the State Building Code. Minn. Stat. § 16B.61, subd. 1 (1987). Pursuant to this authority, the Commissioner has adopted by rulemaking the 1985 Uniform Building Code ("UBC") as the primary governing document on buildiny construction. Minn. Code Agency R. § 13.05.0100 (1987). Thus, procedures for building code enforcement may arise fror:i state statutes, Department of Administration rules, and the '965 UEC. A local building official is the primary enf rcement authority. Every municipality must appoint a building official to "administer the code." Minn. Stat. § 16B.65, subd. 1 (1987). The UBC confirms these enforcement powers stating that the building official is "authorized and directed to enforce all the provisions" of the UBC. Uniform Building Code, § 202(a) (1985). The building official's primary responsibility is to review and grant building permits. Uniform Building Code, § 303(a)(1985). while every municipality appc nts the building official, his decisions are controlled by'sta '.aw. II. APPEAL PROCEDURES A. Local Board of Appeals As stated above, the local buildinq official make, any initial decision on enforcement matters. The UBC, however, requires each jurisdiction to form a local Board of Appeals ("Board") which provides an avenue of appeal for decisions by the building official. Uniform Building Code, S 204 (1985). The UBC defines the purpose of the Board as determining "the suitability of alternate methods of construction and to provide reasonable interpretations" of the UBC. Id. Appointed by the governing body and serving at its pleasure, members of the Board of Appeals must be qualified by experience and training to rule on construction issues. Uniform Building Code, § 204 (1985). Members may not be employees of the jurisdiction. Id. The building official acts as an ex -official member and secretary to the Board. Id. The Board must adopt rules of procedure and render its findings in writing to the appellant and building official. Id. The UBC does not set out a standard of review for the Board's review of a building official's decision. The functions of the Board as set out in the UBC, however, include ruling on interpretation of the code and the use of alternate materials and methods. Uniform Building Code, § 204 (1985). Discussions with the Department of Administration and the Attorney General's office suggest: that the Board of Appeals would grant some deference to the building official's decision. According to these sources, i-he Board would essentially determine whether there is a rea.-c,-iable basis for the decision. B. Department of Administration Staff Review Under Section 16B.67 of the Minnesota Statutes, "a person aggrieved b.t the final decision of any municipality as to the application of the code . . . may . . . appeal to the commissioner." Ming. Stat. § 16B.67 (1987). An issue arises as to what constitutes a "final decision" of the municipality. Apparently the Board of Appeals decision would represent a final decision. Officials at the Department of Administration and the Attorney General's office indicate, however, that the Department of Administration staff makes an initial review of the Board of Appeals decision and refers the matter back to the local Board. This interim staff review is not codified by rule but has apparently uaen pracr.ically implemented by the Department of Administration. According to Department of Administration staff, fifteen days after the Board of Appeals decision an aggrieved party must file for review with a staff member having expertise in the particular construction issue. The staff member reviews whether the Board has acted within its scope of authority and whether the decision was reasonable. If the staff finds a decision unreasonable or outside the Board's scope of authority, the Board must reconsider its decision. This reconsideration would certainly constitute a "final decision" triggering the official Department of Administration appeal right pursuant to Minn. Stat. Sectio•i 16B.67. In the absence of any authority for this staff review in the rules, it is unclear if d party could skip this step and go directly to the formal Department of Administration review discussed below. -2- C. Formal Department of Administration Appeal As stated above, Minn. Stat. § 16B.67 empowers a party to appeal a local decision on code enforcement to the Commissioner of the Department of Administration. Minn. Stat. § 16B.67 (1987). An aggrieved person has 180 days from the municipality's "final decision" to make this appeal. Id. The Department of Administration has set out detailed procedural requirements for initiating an appeal. See Minn. Code Agency R. § 1300.0500 (1987). The local ruling is subject to de novo review by the Commissioner, who must submit written findings of his decision to the parties. Minn. Stat. § 16B.67 (1987). Upon filing the matter is immediately referred to the Office of Administrative Hearings. Minn. Code Agency R. § 1300.0800, subp. 3 (1987). An administrative maw judge (ALJ) holds a contested case proceeding on the matter under the procedures set out in the Administrative Procedure Act. Following the contested case hearing, the ALJ submits a report to the Commissioner who renders a decision. As a practical matter, the Commissioner almost always follows the ALJ's recommendations on code enforcement issues. According to the Department of Administration, the Minnesota Legislature just passed a law imposing costs (excluding attorney fees) for building code appeals on the losing party. D. Judicial Appeal Persons aggrieved by the Commissioner's ruling may appeal for judicial review. Minn. Stat. § 16B.67 (1987); Minn. Stat. § 14.63 (1987). Judicial review of an Agency decision is controlled by the Administrative Procedure Act. Id. The court, therefore, has a limited scope of review and may determine rnly if the agenc- decision is arbitrary and capricious, and if it complies with the ageacy's scope of authority, procedural requirements, and constitutional provisions. See Minn. Stat. § 14.69 (1987). I I I . APPL I Lr IN TRINITY LUTHEP LURCH Trinity Lutheran Church :seeks a building permit for a large addition to the church. Vita City of Orono's building official, Tom Jacobs, has determined that a sprinkler system will be required in both the addition and the original structure. The church has tried to obtain a variance from this ruling through the Planning Commission and the City Council. Two essential threshold issues include whether there is authority for a variance from the State Building Code requirements and, if so, who has authority to grant such a variance. The UBC: permits the building ofticial some discretion in limited circumstances. -3- Fursuant to UBC Section 105, the building official can approve and authorize the use of alternate materials or methods of construction. Uniform Building Code, § 105 (1985). The building official must find that the proposed alternate deign complies with the provisions of the code and is at least thr equivalent of the methods and materials prescribed. Id. Under UBC Section 106, the building official may grant "modifications" in individual cases upon a finding that the code's appl.c6tion is impractical. Uniform Commercial Code, § 106 (1985). Any modification must be in conformity with the intent and 3urpose of the code and may not "lessen any fire protection requirements." Id. om Jacob's has declined to approve a modification or an altf_i.a..e method of certification. Trinity Lutheran Church now se(KS to appeal that decision. The church cannot obtain relief from the City Council. Technically the City is not in the "loop" of decision making on interpretations of the State Building Code. This view was confirmed by the Attorney 'general's office. The building official is appointed '.)y the municipality but is the arbiter of and controlled by State law. There is no provision in statutes, rules, or UBC authorizing 1oc l governing authorities to grant variances from the code. As discussed above, the church has an appeal right to a local Board of Appeals. The City, however, has not created a Board. The City should create a Board of Appeals to rule on the church's request. This would permit the church to appeal to the Department of Administration. It appears unlikely that the church would succeed at the Board. The Section 106 modification provisio, xpressly prohibits modifications that lessen fire protectik-::-. requirements. _See Uniform Building Code, § 106 (1985). Moreover, such a modification would require finding a practical difficulty based on special individual reasons. Id. To date the church has only argued financial hardship. This seems an inadequate basis of hardship for providing a modification to the code. The alternate materials and methods provision also does net appear to be helpful to the church. See Uniform Building Code, § 105 (1965). The cha,ch has not yet proposed an alternate approach and therefore the building official has not ruled on such a proposal. As a practical matter, it appear doubtful that the church could Eropose an equivalent material or method that could meet the fire sprinkler requirement and reacrk an equivalent level of safety. Appeal to the Department of AdminisLration also seems unlikely *.) obtain a variant- for the church. Although the Commissioner has the right to review the building official's 1XI® decision on a de novo basis, some practical deference to the local building authorities is probable. Modifications to fire safety requirements is, according to the Department of Administration, extremely unusual. A staff member at the Department of Administration cannot recall an instance where the department reversed a completely discretionary decision by a local building official. Finally, the cost of appeal is substantial. These same factors make a court appeal even less realistic because both the standard of review and costs will go UP. In summary, the City appears on sire-ig ground in denying Trinity Lutheran Church's request fora variance for the State Building Code. The church has an appeal right to a Board of Appeals that the City has not yet formed. The CiLy shoulr form a Board and permit the church its appeal. If you have any questions on the above, please let us know. BKW/sjm/4770j /7 fr!Ai 123 TO: Mark Bernhardson, City Administrator 4*0 A FROM: John R. Gerhardson, Public Works Director DATE: May 18, 1988 SUBJ: Crystal Bay Road Letter - May 16, 1988 On May 16, 1988, the City of Orono received a letter from Mr. Tim Schupp, 3215 Crystal Bay Road. Mr. Schupp's property is one of the properties severely affected by the July 190 super storm. Fol?(-wing the storm, I met with the affected residents to dis(uss the restoration as the damage also included the driven portion of Crystal Bay Road. It should be noted that Crystal Bay Road is not a platted street, the City claims ownership due to use and maintenance. We have also been advised that only that part that is maintained by the City belongs to the City. During discussions and correspondence, it was the res:,'ents desire to either close #-he road to throuh traffic or possibly relocate the road. The imh:ct of the alter.�ativr=s were reviewed and it was determined that tie road would have to stay in its present location and be kept open. Once that was determined, it was suggested that the City and residents enter into an agreement for mane contractor to perform restoration, each property owner and the City would pay their fair share of the costs. Apparently, the property owners have decides. iot to do this az there was no response to the suggestion. I did talk to two of the residents after the offer was made and it was their decision to proceed on their own. In regards to Mr. Schupp's 1 r, it is my opin :hat we did try to cooperate as much as ossible, but unf. ately all options 1Ffi tn one --tumhling Mock or another. It is my intent to hegin the necessary steps to repair Crystal Ray Road . TO: Mayor an„ City Council b PROM: Mark Bornhardson, City F :ministratot��� ` Atta, -its: A. Mr. Schupp Letter Dated 5/13/88 B. Crystal Bay Mem,) Dated 9/15/81 Staft wtl 1 he rE:spondinq to Mr. Schupp and work to r�-solve the `$SUPS. Certain of the optiorIs were tn;ected as there war not suffi-iont land for cul-de-sac or realignments and the City of Minnetonka Reach infr7rmal ly did nc)t favor cul-le-sgcing as their streets would be directly affected. The City has attempted to resolve this with the neighbors but there has been little agreement on the solution. The staff will continue to work with the neighborhood to repair th- damage from last summer's Ftorm. PROPOSED MOTION - Moved by , secr)nded by _ the C y Council directs the staff to continue efforts to resolve the repair issues on Crystal Bay road. Ayes Nays _ cc: Timothy Schu,:p, 2300 MULTIF000S TOWER 37 SOUTH SIXTH STREET MINN'�APOLIS, MINNESOTA 55402 J694 May 13, 1988 Mr. John Gerhardson Public Works Director City of Orono P.O. Box 66 Crystal Bay, 55323 Re: Crystal Bay Road Dear Mr. Gerhardson: Thp purpose of this letter is to summarize our var''.ous discussions regarding rewedial efforts to correct the damage to Crystal Bay haa,, and my property in the August, 1987 storm. Putting aside the issue of whether t:ie damage was caused by eesign and maintenance of the road by the City of Or. ..he residents of Crystal Bay Road express�:d a willingnt ,nd desire to work with the City to find a common solu,.Lun to the prualem. In addition to "'-.e short- term s-lution of :ix;ng the damage to our shore front and the road, we were interested in a solution to the long-term problems of the location and -':,sign of Crystal Ray Road. As you will rec;,1 t , w;. ciad discussed a number of option'3 to eliminate the proulGi c • e(' the road being too narrow, traffic on the road and tt loc n of the roa:� or: edge of a high bank. The optic, ere: 1i makinrl I, yrtal Bay Road a one-way road t.o reduce u-it ; _) n �k ing it dead-end road; or 3) moving the i.,ad behind the homes. Thcs.. sa;�Lions -+Mill have solved Moth Lhe immediate problem of the damage to the --.Id and the long-term prob:.-ns of the design find locat. -)n of Crystal Bay Ruad. i>ach :-)f these ided�� � its reject(. by the City. 1 Mr. John Gerhardson May 13, 1988 Page Two As the City was uninterested in changing the road, we then dise,lssed proceeding with a joint project, with the affected property owners paying the portion of the repairs for their property and the City paying for the portion for the road, to solve the immediate problem. No activity or prod•-ess ha■ been made by the City in that direction whatso- ever :t has been nine months since the storm and it is app that the City intends to take no action to correct the ems. uu r now apparently the City's position that the affect.;: property owners should commence repairs on their own. 1i necessary I intend to undertake such repairs, but do not intend to do so in a fashion that will provide support for the city street. Any work done by the City thereafter, which affects the work that I perform, will be viewed as the destruction of private property. I have contacted the DNA and Watershed District and will obtain whatever permits are necessary to fix our shore front. Since last August, the residents of Crystal Bay Road have expressed a willingness and desire to work with the City to solve what appeared to be a common problem. In response the City has done nothing. The damage to Crystal Bay Road has exposed the gas main and has created what I consider to be a dangerous situation. The barricades erected by the City are also an eyesore and interfere with our use and enjoyment of the lake. Due to the lack of cooperation on the part of the City we may lose the opportunity to arrive at a long-term, mutually satisfactory solution to this problem. The city of Orono should be concerned with the public good and I urge the City to reevaluate its position on this matter. Very truly yours, Timothy R. Schupp cc: Orono City council Mayor James Grabsk , 91587.tln -01 Mark E. Bernhardson, City Administrator From John R. Gerhardson, Public Works Director Data$ September 15, 1987 Subject: Crystal Bay Road - Shoreline Damage on September 8, 1987, at 5 p.m., I met with the following residents of Crystal Bay Road. The meeting was conducted in the City Cour%il Chambers. Rich Anderson, 3205 Crystal Bay Road Tim and Jeanette Schupp, 3215 Crystal Bay Road Bill and Joan Wolfe, 3255 Crystal Bay Road Lee and Ray Erger, 3265 Crystal Bay Road Connie and Duwayne Schibilla, 3235 Crystal Bay Road Not in attendance, but affected are the following: Thomas McCue, 3265 Crystal Bay Road Mark 2agaria, 3295 Crystal Bay Road Haggeman, 3309 Crystal Bay Road The reason for the meeting was to discuss what had happened to shoreline on Crystal Bay Road as a result of the very heavy rains on 23, 1897. The results of the heavy rains on the above date caused c.c;or damage to the slope in three areas with the potential for another arge area also eroding into the lake. Of particular concern is who is going to do what, as it should be noted that there is no platted right-of-way for Crystal Bay Road. Therefore, at this point we do not know who is going to have to pay for whatever repairs are performed. The City has had the City Engineer prepare a method and costs for three alternatives to repair the damage (see attached), be advised that this is the Lng!neer's estimates only and subject to change as there are no actual bids received. As noted in Alternate f3 ci C� Engineor's proposal, the road would be moved approximately 12 feet to Las south. For slope protection this is the best alternative as it reduces the slope from 1:1 to 2:1. If this alternative ic: clusen, the homeowners would like consideration given to closing the .-oad at 3265 Crystal Bay Road and those residents to the east would try tr acquire an easement from Dakota Rail to access their properties from thc, re -a of their property. If this alternate was detc. to be valid then the following would have t� be addressed: 1. Determine if this is 1n LRs 'x-t interest for the City of Grono. 2. Engineer to conduct fes:1'1_: t, study. Crystal Bay Road - Shoreline Damage September 15, 1987 Page 2 of 2 1. Conduct Public Hearing. 4. Determine who pays. 5. Should be approved by Minnetonka Beach as they would have to close road and provide cul-de-sac from their end. Alternatives 1 and 2 are basically the same cost per foot and with similar methods of repair and would be adequate, however, the question of who does what and who pays for what is still unknown at this time. Anderlik 6 Associates, Inc. 23M W. Trunk Highway 28 S1. Gaul, AIN $5112 612-636-4600 August 6, 1987 City of Orono Box 66 Crystal Bay, HN 55323 Attn: Mr. John Cerhardson Re: File No. 139-142 Crystal Bey Road Dear John, Engineors i IAw� w, Yw. f r. Ifw. A 4w4.. IY. M. N nL nvwma awma at secs' rim ri rYrA. a\Y,� MY. /YnMU Ir1w YY r�wM We have reviewed the erosion problem on Ctystal Bay Road east of County Road 19. There are three basic options for restoring the Lake Shore along the road. The first option would be to use a dragline to pull the material back up on the slope. It is anticipated that additional fill material would be necessary to complete the work. The second option would be to stabilize the bank with retaining walls or a grid systems and then reconstruct the slope. The third option would be to move the roadway south and flatten out the elope to make it more stable. The first option would return the bank to its original condition with a mini- mum of effort and cost. The surface would be graded and four inches of top- soil would be placed. The area would be seeded and an erosion control blanket would be placed over the surface. This is not a fail safe system and there is a good chance that a portion or all of the embankment could erode out again. The second option would be a book reinforcement system which would hold the bank in place. There are three different methods of accomplishing this with the result being approximately the sax for all methods. The surface would be covered with an erosion control blanket and seeded. This syet" would have minimal risk of failing in the future. The third option would be to .eloeste the roadway such that a 2:1 •lope can be maintained up from the lake shore. This would require =via& the roadway about 12 feet mouth and reconstructing the street and reseeding the bank. The estimated cost for each option is listed telov: Option 1 R^store bank Option 2 Stabilize bank Option 3 Relocate Street page I $ 95.00/lin.ft. $140.00/lin.ft. $140.00/lin.ft. 5620e City of Orono August o. 19B7 Orono, HN Re: Rile No. 139-142 Crystal Bay Road There is approximately 300 lineal feet of bank which will have to be re- strained. There are several areas where the bank shows signs of distress but has not failed. We wouild plan to repair these area at the sax time the bank is being replaced in the failed areas. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK A ASSOCIATES, INC. Glenn R. Cook GRC:li Encl. Page 2. WNESTROO, NOSENE ANO[NUN L ASSOt, W. chant n,.l-I Pay CONSU[[p0 [NOF[[NS St. Feel, Mienwte Project F„ vro7. No- )- Calculations For T�rr^r i Fre nand O Dou A 6 �onc E en/aiswvrn� Rsvis�sd O Dan II l ! l ! ' � E.e's/d� )- Cend ,4a l /✓J. f i i �� � i � ' ,p-Ape / Noleh Maf - - — ---- _' — OP}(pg1-_,peAre_&/,/:i sail el;-arl K --- st,��+ I.1 _ TM bar Tinber R,p Rol Q lon -S�a (,�//se U,6% %,.vmiiee fawn ' F,/ed, & 7?p pap DA/,on 3 - We /,." /e 14-"e /fie nK a at* ML Geoioz-:le zle.'c SOWTRK "Mki, ANO[RIDI i ASWO Ml DONSIKTMS SN KINS cuoet Fay. I holael orol. No. f1. rrl, rlr loa Calculation, For h1 o0 N DaU brit"d N Oap UME9TROO. BMW, AtlKRW & AUK MIG I CO.M Pp. 4 fl.► W. IIWIAW. .'.{.cl Mo Calcula ian• fog Pr.pn. ! � Del• Nwio.O s a�. Sys'4m _ I � rivoi' fr e,vy AeAV 51788.7 �J u :;�sUnCli. inzkTlN6 TO: Mavor and City Council FROM: Mark Bernhardson, City A<".73alaLraLO Ii./Vt 231988Y yy� per yry DATE: May 17, 1988 wT f ©RONO SUBJECT: 1950.Shoreline Dri :re Attachment: A. Ben Whitney Letter Dated 5/13/88 8. Jett Carson :otter Dated 3/3/88 C. 1950 Shoreline Stipulation Dated 9/10/87 D. 1950 Shoreline Orono City Staff Letter Dated 5/11/58 E. City of Orono Letter Dated 1/6/88 F. Sailors World Letter Dated 1/11/88 G. City of Orono Letter Dated 1/29/88 R. City of Orono Letter Dated 12/9/87 ISSUE - 1. Presentation of information to Counc regarding the subject address. 2. Determination as to further action the Council desires to take in relationship to this matter. INTRODUCTION - At the Council meeting on May 9, 1988 Mr. Art Touriigeiu presented concerns he had in relationship to the above listed properties prlmairly related to a brush pile and also roofing on the garage. he noted in Attachment C this has been reviewed and the owner has been requested to remove the brush pile and will be given an appropriate period of time to do so. DISCUSSION - In addition to the issue of the brush pile the City 6ii 6eeii_pursuing the issue of the two cabins that are currently not hooked to sewer. As you may recall the property was originally assessed for four sewer unit". As a result of the settlement, they were assessed for two units for about $13#599 for the duplex. The City indicated at that time we would initiate hazardous buildings proceedings as the Iwo cabins were not assessed and therefore could not hook up. The City did undertake hazardous building proceedings back in December and the indication from the owner was that the cabins would be removed by the first of May. Subsequent to that they engaged Mr. Carson, who had been the attorney for the Robie Wayne property and they are now contesting that they should be al lowed to hook up the two cabins at the some rate as the assemsment. The City-s position is noted in Attachment A is that if they want to hook up, it is going to cost then $9,364 apiece to do those hook ups. The principle thrust of the hazardous building proceedings was the sewer/septic ithey were currently on the old system that has tailed) however the City does reserve the right to do inter for inspections to determine if there are further hazardous building concerns in relationship to the two cabins. On 5/I4/88 Art Tourangeau reported the brush had been removed and the grass has been cut. ALTERNATIVES - Issue 1. Information 1. Accept the information 2. Table for further informatior Issue 2. Future Action 1. Continue to work with the property owner to improve the debris on the property situation. 2. Continue citing violations on a complaint basis 3. Pursue the matter of the hazardous building on the property. RECOMMENDATION - It is recommended that the Council accept the information and that staff continue to work on a periodic basis to maintain a minimum acceptable level of ..eanliness on the property together with continuation of the hazardous building proceedings on the property. PROPOSED MOTION - Moved by , seconded by that the Council accept the information regarding 1958 Shoreline Drive and direct staff tc continue in their efforts in relationship to the property. Ayes , Nays cc: Gerald Toberman Art Tourangeau •nexs .. nuw wpOaw M. LCMOO{wlCn eaxgo, nwrYAx wOOa Or A. YIMI(Y wO L.a ..KOO (N e. nwc wnnanas .Yee e.wuuL .waetwpN L.wwn.weL .weLa. ^ A... A. Yr A. YICOY OO 00[w•L. aYww NwX N. C.nY.. 0.r r.asaue. C. peww o w. aau[ax AYu (.....uuu... A. .0a w. NlNsu.•owe Y. s+saNt Y rOn.Lr1Y RAV.Y Ax ForY04Y t•a wO.m .w• e. a[.sa ra {..A•ueY •nOYY J.OYwa•+ POPHAM, HAI K, SCM NOm MICM 6 KAUFMAN, LTD. 33e0 PIPER JALLR.. tow{R MINNEAPOLIS. MIMN[e OTA (540[ JAYu A. w•N[ Dwrs A. J.... :[[ a ...... I YN IN{CON t041 O1. [1IA. ±eam c.YorLAN{. Nonw a.Nnw. •.o.Y J. RYIo ..ar e t.NYXYUI ,i.L r LYITX w laaM Y. YneTIN OOVL[ N. LITTLE ",I �o.N c.enllOL sous uo L.asATox .Y N[4 L...... oYY a. onnuan L(uN t.Lwawro(e .NCYs A. na t +.{w.. 0A... . O. WA..[in.L . PNevo Lcon A. Rren nw .L4 aN ... PILL J. Lpnwe••• u[oow. e. YOO... L OOTT A.{W Tn Lea... Y. uwa •ai u.c{ A. cov[Lle tuu(a+. A.woYPaoN ..'A. e.ruL .3. J..ALL[YNO LIIn. e. OnY YA.n L. Aa•NLON L)LvaN A. eN [L{LN�F T{LtIXONt D. wnN D.LU WRL ui-nl-u oe LwMN N. JOXNaoN n Ltee Pr{R n w. wcrl CnOOL A., lYl Orp ia•-alp ORVLt •.P{+{RLO I lllOp-!!•-I{0! +••OYY GYIt L[-w RW+{ L00 oe a[.u•[ax+w nwen O [NV((. GOLOO.L40 (O(O( +"o.ona aea-LRa-poo • aewrtw aea met-[Y• iW+a a00 aOV+x lase w '/MONINO TO N. O. C. (00(O n uANowt [eom-mesa uacePra. ma-oL-Lan O IR[CT DIAL NVMm[e 334-2755 May 13, 1988 Mr. Jeffrey Carson 8rookdale Corporate Center, Suite 305 6400 Shingle Creek Parkway Minneapolis, MN 55430 Dear Mr. Carson: This letter will respond to your correspondence dated March 3, 1988, to John Gerhardson at the City of Orono, regarding the two cabins owned by Mr. Gerald Toberman at 1950 Shoreline Drive. To protect the health, safety, and welfare of the citizens of Orono, the City has enacted City Ordinance, Section 9.02. Subdivision 2 of this ordinance states in pertinent parts Sewer Connection Required. All plumbing in a building or structure shall be connected to the City sewer system, in accordance with the City Code whenever a City sewer is available . . . . City sewer is now available to Mr. Toberman's property and thus the cabins must be connected to comply with the law, irrespective of their non -conforming statue. At present, the cabins' septic systems are connected to a holding tank. This situation was permitted only on a temporary basis until the sewer system became available or the buildings were removed. The City considers the existing systems a potential health hazard. The City has now made the sewer system available and because Mr. Toberman does not intend to remove the cabins, the temporary measure must end and the sewer connections made immediately. Mr. Jeffrey Carson May 13, 1988 Page 2 Pursuant in part to its authority granted under Minnesota Statutes Section 444.075, the City is imposing use and connection charges on all units connected to the new sewer system subsequent to the special assessment. The 198B Schedule for these charges imposes a cost of $9,364.39 for each connection. The Stipulation entered into by the City and the former owner settled only the issues related to the special assessment proceeding for the duplex. It did not bar the City from exercising its authority to require sewer connections under City Ordinance, Section 9 or to imposo use and connection charges pursuant to state law. If Mr. Toberman does not pay these use and connection charges, the City will seek its appropriate remedies. Please note that the 61,050.00 cost of hooking up the main duplex represented the cost of physically connecting the sewer line. This is not related to the use and connection charge for subsequent hook-ups discussed above. The City has initiated a hazardous building proceeding against the two cabins on Mr. Toberman's property. The City delayed u:eae proceedings upon prior indications from Mr. Toberman that the cabins would be removed. The City will now go ahead with these actions. If you .iave any questions regarding this matt4r, please contact me at 333-4800. Ben�ve truly /yours, /1 Wh' 8RW/j:p/4445j cc: Mark Bernhardson , John Cerhardson ✓ GARSON AND GLBLLAND ATTOIAETe AT LAM )NOO{D.L) CORPORATE CCNTCa •)00 t.x xOLI MQN N ♦lr.Nb h C.NWx MIN N"POLIa. MINNESOTA 00430 +LL...... N IL LAY O. CL[LJnD {{ia100 Y..D..t. I:. ... I{x ^ V 3 March 1 IIyJ v � D I,! City of Orono �✓ P.O. Box 66 I Crystal Bay, Minnesota 55323 Attention: John R. Gerhardson r Re: 1950 Shoreline Drive /\ Orono, Minnesota \l) Dear Mr. Gerhardson:" - I have been retained by Gerald Toberman to respond to the resolution passed by the City of Orono on October 26, 1987, and to answer staff's follow-up correspondence in this regard. This correspondence will also serve to negate the January 11, 1988, letter sent to the City of Orono by Venl Larsen, property manager for Mr. Toberman. Mr. Larsen and Mr. Toberman were operating under an incorrect assumption of facts and law when the January 11, 1988; correspondence was prepared. Mr. Toberman specifically denies that the two cabins on the property at 1950 Shoreline Drive are in a hazardous or dangerous condition. There is no health hazard and there is no seepage or leaking from the sewage tanks used by the cabins. With regard to the other alleged repairs that are necessary to bring the cabins into habitable condition, Mr. Toberman intends to have someone inspect the structures and he intends to place them into habitable condltiur. The Stipulatlun entered into by the previous homeowner end the City of Orono did call for the hook-up of two sewer units to the main structure on the property. The agreement, however, did not indicate that the cabins would be destroyed, nor did it contemplate that they would cease to be used for rental units. Quite the contrary, the cabins remain non -conforming struc-ures and, so long they can be used in a safe and healthy manner, the property owner must be permitted to use them. City of Orono 1 March 1988 Page 7 The City has indicated in correspondence that one of Mr. Toberman's options is to hook up the cabins to the City sewer line. The City might remember that this was specifically rejected at a special meeting in the fall of 1987 so that the non -conforming nature Qf the cabins would not he perpetuated beyond their useful life. I am told that the City has indicated the hook up charges would be $9,000.00 per unit. The cost of hook up for the two units to the main home was $1,050.00 and the City appears to be using the former assessment charges per unit as a hook up charge at the present time. This is not permitted and Mr. Toberman will not pay $9,000.00 per hook up for the cabins. Mr. Toberman would agree to pay the normal and usual hook up charge for the cabins if the City is insistent upon hook up to City sewer. The other alternLtive is to keep the cabins in their present, non -conforming status •,ntil such time as the existing rental use ceases. I would ask the City and its staff to consider Mr. Toberman's position and, if appropriate, we could meet with City staff to review this matter. Thank you. very truly yours, CARSON AND CLELLAND Jeffrey A. Carson JAC:sjs cc: Gerald Toberman Thomas J. Barrett STATE OF MINNESOTA 10� D DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ------------------------------ Emil Robie Wayne and Kristie L. Wayne, Appellants, File No. 85-E348 1�a City of Orono, a Minnesota STIPULATION AND ORDER municipal corporation, Respondent. It is stipulated and agreed to by Appellants Emil Robie Wayne and Kristie L. Wayne, and Respondent City of Orono, as follows: 1. This Stipluation pertains to the property owned in fee by Appellants located at 1950 Shore Line Drive, Orono, Hennepin County, Minnesota, which is legally described as follows: Lots 22 and 23, 'Ora Park• on Lake Minnetonka and that pert of Lake Street lying between the extensions of the side line of said Lots 22 and 23 and between the front lines of slid Lots and the Northwesterly line of the Right of Way of County Highway No. 7 being a line parallel to and 33 feet Northwesterly from the center line of the existing pavement of said Highway. 2. That said above -described property was originally assessed at $37,000.00 by the City and the parties have now agreed that the subject property shall be assessed for two units at a total assessment of $13,500.00, representing two assessment units; and that only the two units known as the duplex will hook up for service. 3. That the assessment charges against subject property shall be reduced to reflect an overall assessment of 813,500.00. Appellants and Respondent accept this amount as an approximation of the increase in fair market value of the property due to said project. 4. The City shall certify the new assessment amount to the District Court Clerk for reassessment and adjustment of the principal and interest owned by Appellants. 5. Each party shall pay its own costs and fees in connection �with this matter. DATE: 1987' lamii Ro ie Wayne DATE:r 1987./r/"' / KKristie L. Wayne LI �7 CARSON AND CLELLAND DATE: /, 1987. Carsnn; ID 1543X Afrforney for Emil Robie Wayne and Kristie L. Wayne 305 Brookdale Corporate Center 6,00 Shingle Creek Parkway Minneapolis, Minnesota 55430 (612) 561-2800 Clay IOF ORONO May 11, 1988 Gerald E. Toberman Shelard Tower Suite 1460 Minneapolis, MN 55426 CITY of ORONO Post Offim Ibr W*Crymd R.Y. M...U. S 'L{.Munk l ufia On the North Shore of Lake Minnetonka Re: Maintenance of Private Property - 1950 Shoreline Dr., Orono Dear Mr. Toberman: On 5/11/98 an inspection was conducted at the above subject property wtich revealed the following code violations: Storage of Brush Pile Wind Damage to Roof in . c,4 'k%cage The storage of brush pile is :_ -violation of Orono Municipal Code Section 9.55 and the damages 'ofing is in violation of Uniform Building Code Section 3202(A). This letter is to inform you that corrective action must be made before 5/25/08. If corrections have not been made at that time, citations will be issued and the matter referred to the City Attorney for further legal action. If you have any questions, feel free to contact me at my office. Sincerely, 4+ 11t/' - Lyle Oman Field Inspector cc /ark Bernhardson, City Administrator Jeanne Mabusth, Building k Zoning Administrator Michael Gaffron, Ass.stant Zonning Administrator Thomas Jacobs, Building k Fire Inspector Scott Richter, City Attorney Enclosure: Orono Municipal Code Section 9.55, Uniform Building Cood/ey� Section 3202(A) aRllilif ✓�l,lti l\L 4ll715' • AIIMMISIMAneNaFINANCF-SA-1)SF • FUaLIr Mna/S-S1 Y1yyy AMI-WN1. CITY of ORONO CITY Pwt Omm B . 664CO,st•I Bsy, Minn•s•I• %l2l•Munid,wl Omw OF • • • • On the North Shore of Lake Minnetonka January 6, 19814 Gerald Toberman Shelard Tower, Suite 1460 Minneapolis, MN 55426 Re: 1950 Shoreline Drive - 2 Cabins - Hazardous Building Action Dear Mr. Toberman: On December 9, 1987, Mr. Gaffron sent you a letter with guidelines on what must be done to bring your property into compliance with the Code. As of January 6, 1988, staff has received no response to the letter, therefore, I am writing this letter to inform you that a resolution for Hazardous Building Action will be reviewed before Council at their January 11, 1980 meeting. If this resolution is passed, the City will hold it until March 1988 per Mike Gaffron's letter. At that time if corrections are not made the matter will be referred to the City Attorney for processing. If you have any questions on the matter you may speak with the City Council on January 11, 1988 at the meeting or give me a call a_ my office. Sincerely, Thomas J. Jacobs, Building Official TJJ/tln cc: Mark R. Bernhardson, City Administrator Jeanne A. Mabusth, Building a Zoning Administrator Michael P. Gaffron, A$St Planning i Zoning Administrator Thomas Barrett, City Attorney ItODAM6a ZO]IINI: CLI151 • ♦OMMSi AnU9•FINAN(L 47)7138 • PUNLN WORKS - 4137159 A9 I- p January 11, 1988 Michael P. Caffron Asst. Planning 6 Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Two Cabins located at 1950 Shoreline Drive Dear Mr. Caffron, We received your letter dated December 9, 1987 concerning the connection of the buildings on our property to city sewer. We then proceeded to get the duplex unit (front 6 back) hooked up to the city sewer. We were undecided at this time whether or not to hook up the two cabins because of the cost involved. Upon receiving the council agenda and copies of the resolutions to be considered at the January llth meeting, we noticed several other conditions or hazards concerning the cabins. Therefore, we hava decided to do what is necessary to render them unin- habitable. We would ask that you consider the two parties that are now liv- ing In these cabins, as far as them finding another place to live and moving in the winter and finishing out the lease they signed when they moved into the cabins. We would ask that they be allowed to stay in the cabins until April 30, 1988. We would start on May 1, 1988 to make he cabins uninhabitable. Thank you for your consideration. Sincerely, p '��' "P� f`�j�{W�' �c Vern Larsen Property Manager Toberman Management Corp. Smith's Bay Yacht Club 1955 Shoreline Drive _Wayzata, MN 55391 612/474.2534 _ _ _ - A fkr�nxnnr N. Dn em.. To S Any Funknet CITY of ORONO CITY Post Otom Box %'Cryowl Bey. Mtnns W=,Mu, ml e • e e On the North Shore of Labe Minnetonka January 29, 1988 Gerald Toberman Toberman Management Shelard Tower, Suite 1460 Minneapolis, MN 55426 Res 1950 Shoreline Drive - Cabins - Hazardous Building Action Dear Mr. Tobermant The City has received a letter from Vern Larson, Property Manager for Toberman Management Corporation, requesting an extension of the deadline to May let, 1988. During the Council meeting of January 11, 1988, the City Council reviewed the Hazardous Building Action documents and the above letter. After their review they agreed to the extension until May 1, 1908. Therefore, by the new deadline date you must provide plane on how you will make the structures unhabitable and permits must be taken out. If you have any questions, please feel free to contact me at 473-7357. Thank you for your cooperation. sincerely, +tel-, Building Official TJJ/tln CC! Mark G. Bernhardson, City Administrator Jeanne A. Mabusth, Building i Zoning Administrator Vern Larson, Toberman Management NUJLW aAZa ING 4737151 a ADWINIMAneNARNANCF I73-7359 A M18LK w.OAKS C '139 AM4mNG CITYof ORONO Pml Omw IbA fib. Crr+l•I B•Y. Minnewl• 5.321. Munici P•I Office, • • • On the No,th Shore of Lake Minnetonka December 9, 1987 Gerald B. Toberman Shelard Tower Suite 1460 Minneapolis, MN 55426 Rat Conditions of approval, permit for sewer conrection at 1950 Shoreline Drive, Orono Dear Mr. Toberman: The following are conditions of approval established by the City in issuance of permits for the connection to the City sewer of the two unit duplex located at 1950 Shoreline Drive: 1. Based on the 4th Judicial District Court stipulation and order, Pile No. 85-8348, only the two duplex units shall conne^t to the Municipal sewer. 2. Upon completion of the sewer connection for the front half of the duplex, the holding tank serving that portion of the duplex shall be abandoned and filled with suitable soil material immediately. 3. Upon completion of the sewer connection for the rear half of the duplex, the holding tank serving that portion of the duplex shall be abandoned and filled with suitable soil material immediately. 4. You are advised that Section 9.02, Subdiviston 1 of the Municipal Code requires that all plumbing fixtures in a building shall be connected to the City sewer system in accordance with the City Code whenever a City sewer system is available. City sewer is available to the property, however, you (or the previous property owner) have chosen to not connect the two cabin units to the Municipal sewer in exchange for a reduced assessment. The deadline date for that connection has passed. Therefore, the two cabins are in violation of Section 9.02, Subdivision 1. You have two options: 1) request the Council to allow the connections and if granted pay the connection charges and connect the two cabins to the Municipal sewer (which option you or your predecessor have apparently declined); or 2) no later than March 1, 1988, remove all plumbing fixtures from the two cabins to render them uninhabitable, and abandon the existing holding tank serving those two structures by filling it with suitable soil materials. If you choose Option 2, the tank abandonment requirement of Condition 3 above will be amended to allow for a March 1, 1988 tark abandonment deadline. BUILDING• 70NIN4, 47371SI • AIAIUNISWALION•PINAN('I 4717159 • PI'BLK WORKS 4737159 I FSSIN(, Gerald Toberman, 1950 Shoreline Drive December 9, 1987 Page 2 of 2 5. If you choose to continue use of the rear holding tank until March 1, 1988 to serve the two cabins after completion of the connection of the rear duplex unit to sewer, the remaining portion of unused sewer line shall be removed, and the tank inlet formerly serving the rear unit shall be ism, diately cemented shut and removed upon connection of that rear duplex unit to sewer. A copy of the settlement agreement regarding assessment for Municipal sewer is attached for your information, as is Section 9.02, Subdivision 1 of the Municipal Code. I have also included a copy of the Municipal Sewer As -built maps showing the location of stubs for connection to the duplex units, and a diagram from our files showing the locations and apparent piping locations for the existing holding tanks. Please feel free to contact me at 473-7357 if you have any questions or if we can be of further assistance. Sincerely, Michael � on, Asst Planning 6 Zoning Administrator MPG/tln Enclosures cc:/Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director Jeanne A. Mabusth, Building 4 Zoning Administrator Thomas J. Jacobs, Building Official Lyle Oman, Field Inspector Kathleen Blatz, City Attorney 5 9.01 D. It is unlawful to store organic refuse unless it is drained and wrapped. Subd. 3. Deposit. It is unlawful for any person to deposit in the City any refuse from any source, rubbish, offal, or the body of a dead animal, in any place other than a licensed sanitary landfill. Subd. 4. Fire Danger. It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Subd. 5. Landfill. No sanitary landfill shall be operated unless licensed by the City. SEC. 9.02. SANITATION FACILITIES REQUIRED. Every dwelling and at least one habitable building on any property occupied for business purposes in the City shall be provided with running water and at least one toilet and one lavatory maintained in a usable, operational condition at all times except as specifically permitted by the City Code. It is unlawful for any person to fail to provide this minimum level of sanitation facilities for any dwelling or business property in the City, ai,d failure to provide such sanitation facilities shall be cause for the City to commence hazardous building proceedings pursuont to Minnesota Statutes Section 463.15 at seg. Subd. 1. Sewer Connection Required. All plumbing fixtures in a building or structure shall be connected to th-: City sewer system in accordance with the City Code whenever a City sewer system is available, or when City sewer is not available, shall be connected to a conforming r;i-site sewage treatment system in accordance with the City Code. Subd. 2. Outhouses Prohibited - Exception. Outhouses, privies or cesspools are prohibited on all properties in the City except for those certain seasonally -used properties located on islands on Lake Minnetonka where outhouses are specifically permitted by the City Code. SEC. 9.03. FAILURE OF INDIVIDUAL SEWERAGE SYSTEMS. It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow onto the surface of the ground or the surface of the street, or into lakes or streams, or expose the contents thereof above ground. SEC. 9.04. DRAIWAGL SYSTEMS. Subd. 1. Definitions. For the purpose of this Section: ORONO CC 201 (4-1-84) 1 TNIS ITEM HAS BEEN I NICROFIINED 1 J I b � I 1 � , 4 O iA 2 N� Z MAIN o 4AI%- I I Y II KEAy� 1 Q I y I[C.LP vdlW ♦ 7'Hft NONr SNMP I II�1 o lD v , 'OOO peEco's \L.io\O, uj v 2 i V 75 51788.11 01/ Oukli 'll MwING of TOs Mayor and City Council f6Ay 29 1.-B FROM: Mark Bernhardson, City Administrator ).aYY OF OHOW DATRs May 17, 1988 SUBJRCTs Resolution of Support - Alternative Composting Arrangements Attachment: A. Proposed Resolution/City of Medina ISSUE 1. Determination as to whether the City Council wants to adopt resolution urging the County to undertake alternative means for composting. INTRODUCTION - During the past three or four years Hennepin County Aes collected large amounts of leaves at two sites that they have been composting in order to turn the leaves back into usable homes soil. The quality of this product to date has been questionable and the City of Orono .A not get any compost from the County this year because of the extremely offensive odors that were present with this material. (This is in part due to the fact the materials have not been surf iciently aged by the County). DISCUSSION - In addition to the problems of the product's odor the County has a substantial pile of bags of leaves remained unprocessed due to the limited capacity. In an attempt to resolve this problem Wilfred Scherer, a Councilmember from the City of Medina, has come up with a plan whereby the leaves are not composted in a central site the way Hennepin County is doing at the present, but the leaves are spread across agricultural fare land in Hennepin and adjoining counties. The attached resolution is a means to encourage this practice as an alternative to what Is becoming a rather expensive and odorific solution to part of our solid waste problems. It should be noted that the City has been looking at undertaking its own composting on its own site to get a better quality product, hwev^r, because of the limitation on landfills and the cost of the landfills the amount of *garbage" (scrap material used etc.) that is coming with the leaves may ask* it unattractive for the City to undertake. The alternative presented by Mr. Scherer may well alleviate some of tht problems that the City would have in undertaking composting. ALTERNATIVES 1. Adopt 2. Amend and adopt 3. Table 1. Choose not to support 5. Take no action RECOMMENDATION - It is recommended that the City Council adopt Resolution No. In support of alternative composting arrangements for selected solid waste materials. Ayes , Nays cc: Wilfred Scherer ATTACHMENT A: PROPOSED RESOLUTION/CfTY OF MEDINA WILL BE PRESENTED TO COUNCIL AT MONDAY NIGNr-S MEETING City of ORONO RESOLUTION OF THE. CITY COUNCIL NO. a -a RESOLUTION OF SUPPORT ALTERNATIVE COMPOSTING WHEREAS, the Hennepin .y Board is considering establishing a composting center in western Hennepin County at a cost estimated at $18 - 25 million dollars; and WHEREAS, such a center would cost about $8.88 per cubic yard to operate at its inception and would involve heavy truck traffic on local streets and roads; and WHEREAS, such a center would be costly and cumbersome to operate; and WHEREAS, farmers and land owners could benefit from natura materials as fertilzers, but would incur some expenses in their ; and WHEREAS, farmers in Hennepin County have set aside 7888 acres for conservation reserve prograr. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does he_eby urge the Hennepin County Board to establish direct recycling of leaves and other natural materials, offering to pay a stated amount per ton to fa•.mer; and land owners who will receive said materials directly from their source and unbagged. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 23, 1988. James R. Gcabek, Mayor ATTEST: 52088.1 �2 COUNCIL M ETJN6 MAY 2 31988 TO: Mark Bernhardson, City Administrator FROM: Tan Kuehn, Finance Director "ra/i� r1r OR crri ur ORONO DATE: May 20, 1988 SUBJECT: Assistant Finance Director Step Adjustment Assistant Finance Director Robin Mikelson has an annual review date for step adjustment purposes of June 1. The position and performance were reviewed extensively In early 1988, including submission of a new Time Spent Profile to Personnel Decisions, Inc. As a result the position rating was increased, with the compensation adjustments for 1988 reflected in Resolution 12377, adopted February 22, 1988. Robin is eligible for Step III at Level 5 of the 1988 Compensation Plan. She has continued to perform at or above the expected performance level. I recommend her salary be adjusted from Level 5 Step II ($10.287 per hour) to Level 5 Step III ($10.858) effective June 1, 1988. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator Forwarded recommending approval. PROPOSED MOTION - Moved by seconded by , to adjust Assistant Finance Director Robin Mikelson's salary to Level 5 Step III ($10.858 per hour) effective June 1, 1988. Ayes Nays 51888.4 C�:03 VAINCIL MEETING TO: Mark Bernhardson, City Administrator MAY 231geo FROM: Mel Kilbo, Chief of Police i/IIf OF MNO DATR: May li, 1988 SUBJECT: Employment of Michael Carlson - Part Time Clerical Mrs. Jean Hoogenakker, our temporary clerical person, has accepted a position with the Plymouth Police Department. We need to hire another person to fill this position during the busy summer months. Michael Carlson is a Reserve Officer, previously employed at Ridgedale Security. He Is a Law Enforcement student and soon will be going to skills portion of this education to became a police officer. I propose to employ Mr. Carlson, Sunday evenings for tape transcription for up to 4 hours a night, to be paid at the rate of $5.18 an hour, not to exceed 128 working days in 1988. In addition to this, Rick Dennison will be taking a leave of absence from his job from June 18th to August 21, 1988 to attend Police Officer skills course. It is requested that Mike Carlson be additionally employed temporairly as a C.S.O. during that period of time at $5.18 per hour. The City currently is terminating the current backup C.S.O. TO: Mayor and City Council FROM- Mark Rernhardson, City AdministrateU M, Forwarded recommending approval. His work as a clerical will end when the amount hudgeted for that is exhausted and responsibilities as the primary C.S.O. will end upon Rick nennison's return with Mr. Carlson's continuation in the role as a backup C.S.O. cc: Mel Kilbo PROPOSED MOTION - Moved by , seconded by I that the Orono Council approve the temporary emplo' nt of Michael Carlson in the roles as temporary clerical an at a rate of $5.18 per hour effective 5/24/88. Employment `7t to budgetary amounts and the return of Rick Dennison as J. Ayes , Nays 51888.2 3./ Tot Mark Bernhardson, City Administrator b:,,r 23?-, FROM: Mel Rllbo, Chief of Police DATRt May Is, 1988 SO83RCT: Step Increase - Charles Schauss Patrol officer Charles Schauss has completed his first six months on 4/26/88. He has performed above expectation during this period. His evaluation is attached. Lt. Cheswick's evaluation of him is attached also. I recommend office Schauss be advanced from starting rate of $9.854 per hour, to $10.613 per hour, per 1987 contract, effective 4/26/68. TO: Mayor and City Council rROMt Mark Bernhardson, City Administrat Forwarded recommending approval Mr. Schauss .s doing an excellent job. while the only qualification for attaining an increase is duration of employment his work quality is notably high. PROPOSED MO"ION - Moved by - , seconded by _, the Orono Council authorize the increase for Mr. Charles Schauss from $9.854 per hour to $10.613 per hour in accordance with the 7987 contract with the change effective 4/26/88 cc: Mel Rilbo, Chief of Police Personnel File INTEROFFICE MEMO DATE: May 6, 19BB TO: Chief Kilbo FROM: Lt. Cheswick RE: Chuck Schauss evaluation on 5/4/88, I reviewed the performance evaluation of Charles Schauss that covered a six month period of 10/26/87 to 4/26/88. The evaluation during this period of time on officer Schauss was based on supervisors observations, activity levels based on the computer printout and a personal interview with Officer Schauss. It is my opinion that Officer Schauss is performing at an exceptional level on tasks being performed by a patrol officer. Officer Schauss's performance and ability is above average for the period of time that he has been with the Department. His productivity, motivation and the relationship he has with the Department and the public is exceptional. He requests additional schooling and training in a specialty field such as crime investigation, police legal and judicial activities, crime prevention, and wishes to complete his bachelors degree. Based on the performance of duty evaluated by this supervisor, I request that after 6 month completion, he be given the next step wage increase. 51888.1 a�- C1UN1111! Wi HING TO: Mark Bernhardson, City Administrator I'M ?3 10'1 FROM: Mel Rilbo, Chief of Police ,� C +�i4+I 0 DATRs May 11, 1988 BOB.IRCTs Salary Increase - C.S.O. Rick Denneson Rick Denneson was hired April 15, 1987 as a Community Service officer with primary duties of animal control. We added the Cities of Minnetonka Beach and Spring Park where he puts in assigned weekly hours and the City of Long Lake (on a call out basis only) to our animal control contract. Rick has done an excellent job In the position, receiving many accolades and only two complaints. I request his pay be Increased from $5.19 to $5.562, effective April 1S, 1988. Tog Mayor and City Council yyi�'Fnn�// FROM- Mark Bernhardson, City AdministratoU Forwarded recommending approval. As he is working lees than 28 hours per week his compensation is not directly governed by the compensation plan. The recommended increase reflects a 3% inflationary adjustment for January plus a step increase from 85 to 981 of top for completion of the first year. He is performing at or above the expected level of performance. PROPOSED MOTION - Moved by _ , seconded by , that the Orono City Council approves an increase for Rick Denneson, Community Service Officer from $5.18 to $5.562 per hour effective April 15, 1988. Ayes __, Nays __ 61788.8 0% (p cillltim MEETING TO: Mayor and City Council 6:lf173 to., t♦ FROM: Mark Bernhardson, City Adminlstrato t;tlY DATR: May 17, 1988 r3 ra+)N© sDBJRCT: Sale of Property Pheasant Road Attachments A. Pheasant Road Sale Memo Dated 4/29/88 B. Proposed Purchase Agreement ISSUE - Acceptance of the purchase agreement to undertake the sale_ of property on Pheasant Road in exchange for the appropriate easements. INTRODUCTION - As the Council's last meeting they directed staff to under Eike the sale of the property in exchange for the appropriate easements. DISCUSSION - Attachment B is the means by which the process is to he undertaken based on the terms outlined by the Council. The appropriate easements to the City are currently being drawn for review by the City's legal staff. The agreement requires executed easements to the City and the two abutting neighbors prior to or at closing. ALTERNATIVES Issue 1. Adoption of the purchase agreement 1. Adopt 2. Amend and adopt 3. Table 4. Choose not to enter into the agreement RECOMMENDATION - It is recommended that the Council approve the purcheee agreement listed as Attachment B. PROPOSED MOT'UN - Moved by , seconded by _ that the Council approve the purchase agreement for the sale of land on Pheasant Road in exchange for the appropriate utility and maintenance easements to the City plus the appropriate easements running to the abutting property owners at 2615 Shadywood and 2655 Pheasant Road. Ayes _ , Nays __ cc: Richard Indritz, Reed and Pond, Ltd. 42988.2 17 TO: Mayor and City Council W /ROMS Mark Bernhardson, City AdministratoP DATES April 29, 1988 SUBJECTS 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 property 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 $1,590 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 abetting the property have been notified of the discussion on th- matter at this Council meeting. To date the staff hoc r<ceived no comments from these property owners regarding this proposed sale. ALTERNATIVES - Issue 1. Public Comments I. 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 recommended 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. $1,580 plus payment by Mr. Messer of all legal and other expenses. 3. Appropriate maintenance City across the property. 4. Guarantee of easements Pheasant Road. and utility easements for the to 2615 Shadywood and 2655 PROPOSED MOTION - Moved bjAt, seconded by , that following comments from the public rega ding this props ed sale that the Council direct staff to further develop the app op r ipppp to docuplents for the sale under the terms outlined above. Ayes �, Nays u . 1 cc: Mr. Messer, 2673 Pheasant Road Mr. Huber, 2615 Shadywood Road Mr. Cookson, 2655 Pheasant Road Mr. Indritz, Reed 6 Pond, Ltd. 41588.4 /y TO: Mayor and City Council 1►,�.n�'l FROM: Mark Bernhardson, City Administrato�J o 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 anv, legal access the City desires to provide to the two other property owners abutting City owned property. 1. If the City chores 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 property 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 Road 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 desire to legally strengthen their right of access on the City'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-exclusive easement over City property I. Sell the property to Mr. Messer In return for the neressary access and utility easements. 4. Table Issue 2. Access to 2615 S_hadywood anti 2755 Pheasant Road_ 1. Not -giant any easement 2. 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 - How Marketed 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 the 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 1. 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 Ietrrmines appropriate plus 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 is May 1988. PROPOSED MOTION - Moved by , seconded by , that the Council directs staff to undertake appropriate negot Iatfons 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 __, Mays ccl Mr. Messer, 2673 Pheasant Road Mr, Huber, 2615 Shadywood Road Mr. Cookson, 2655 Pheasant Road Mr. Indritx, Reed a Pond, Ltd. 16 To: Mark E. Bernhardson, City Administrator From John R. Gerhardson, Public Works Director Date: April 7, 1988 Subjects Driveway Access Easement - 2673 i 2655 Pheasant Road and 22615 Shadywood Road Recently the City received a request from Dallas Messer, 2673 Pheasant Road for a driveway easement over City property. currently the Messers and their 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 both at the same time, eliminating future review and expense. The Messers have agreed to this and are therefore submitting two easement documents for approval. We have also received a request f-om the resident. at 2615 Shadywood Road for legal access to their property over the same City 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 f.rcm Shadywood Road. Recommendation: To approv -icle access over City property for 2673 and 2655 Pheasant Road and to vehicle access over City property for 2615 Shadywood Road. Proposed motion moved 2rd 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. TOs Mayor and City Council FDDMs Mark E. Bernhardson, City Adadnistratos Forwarded recommending approval subject to their payment of all city legal cor.te. The denial for access of 2615 is that they have legal access on Shadywood and would probably need to be treated as t .rough lot if double accesses. CITY of ORONO CITY Post Otna Hai •6a Cryawl Bay. Mineola 5=1*Munmpal OMcw • • • • On the North Shan of Lake Minnetonka This letteA was sent to: Messer, 2673 Pheasant Road Huber, 2615 Shadywood Road May 2, 1988 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 strip of land for vehicular access to his residence. Mr. Messer has offered to purchase this land from the City. We are sending this letter to inform all property owners abutting this strip of land so that they my offer comments regarding the sale of this land to Mr. Messer. This item will be heard by the Orono City Council on May 9, 1988. If you have any questions, you may call me or Mark Bernhardson, City Administrator at 473-7357. Sincerely, John R. Gerhardson Public Works Director JRG/lh W&DING•ZONING -4737337 a A" N MIA AnON A rM ANCr-4737339 • KALWWMA. -4737M9 ABUSU G POPHAM. HAIM.SCH NOB RICH 6 KAUFMAN, LTD 3300 PIPER J.,[N,...ORLR MIN N[APOLIE. MIMNESOTA ...0E ."[ 0.10.... I ..a... I..x[ x ...... t O...011 •Mo«o A.N AVID AI.... �.....o D ..A.......m[...... :o.u. oD 1. w .Io.ww. [ [. ..... .vu• ra La<o1m. c...n1w.o u[ iD:.....:.. wuoauaT.. uv ue-aa..nu uE .[ ....... ea.0... A .w. �" un urvaa. nu A..w D.auN m... '10.[. R.[•. [«a.e o "u c..In....u... .... :w„�aN. .i "•'"• un..........."AU D.c..Ifrw.Dx WNLw[ .t� oio.av :w� . nioe ^+o..a. ec ao.:.o.. Loc.a o... ....co..a. ..Dm •un[[.00 •. .. c.� • Vy .w1Mlr1. ...N. ... ul[. o.anfaOLDRAD •...[. W . DaNI". co ww.Do .o.o. r .c. Lu r.[DEum. o-..ewx 'or"cc do��• oui:E M.. •..... eouoIA. r aam-o •o•• •olu ...rt u[x TNo........�.r.. •n[wn[. sea-ua an. ..:... :..... LocA"A.t .lc... ..Ncl: of E R. mmN _ [[AN �. ..w`TCR.AMC. PA.,"l ixf..Ot« W.[. MIMOTO M. D. D..00a. AIII Z.11 A. tE.... O A. IN, ....-.a 00 WILLIA 40M A.D f.NN .In a.• DOx ALD. Wp gl[COn[. 10.....-.al. A. COST [LLD .[Mp Ella ..I. AI'NOM I.ON MIT.... .[l.. J. N.u[LANO DIRECT DIAL NUMBER I..ww[f. . I...... 11 xA.N.. rv...o. I V. A.uuuxn ..e..r....N .IL—M (612) 334-2549 May 18, 1988 Mr. Mark Bernhardson City of Orono P. 0. Box 66 Crystal Bay, MN 55364 Re: Messer Purchase of City Property Our Pile No. 3643-091 Dear Mark: Enclosed is a proposed draft of a Purchase Agreement between the City of Orono and Mr. and Mrs. Messer for the North Forty (40) feet of Lot S. Pheasant Lawn. It is our understanding that the City Council will consider a Purchase Agreement for this transaction at its meeting on Monday night, May 23, 1988. Following your eview of this document, should there be any points you wish to discuss or change, you may wish to discuss the matter with Mr. Richard Indritx, the attorney for Mr. and Mrs. Messer prior to contacting the City Attorney-s Office for changes. I will be out of the office for the balance of this week, but will return Monday morning, May 23, 1988. Vec truly y� ncy LHusnik egal Assistant :plv:7421H Enc. c: TJBarrett (w/enc John Gerhardson PURCHASE AGREEMENT THIS AGREEMENT iu made and entered into on the _ day of , 1988 by and between Dallas C. Messer and Virginia G. Messer, husband and wife, their heirs, successors and assigns (hereinafter referred to as "Messer") and City of Orono, a Minnesota Municipal Corporation, its successors and assigns (hereinafter referred to as "City"). 1. Currently, City is the owner of property located in Hennepin County, Minnesota legally described as: That part of Lot Five (5) lying Northerly of a line drawn parallel to, and forty (40) feet distant southerly from the Northerly line of said Lot Five (5), "Pheasant Lawn", according to the plat thereof on file and of record in the Office of the Registrar of Titles in and for said Hennepin County, State of Minnesota. Subject to covenants and restrictions, etc. as contained in deed Doc. No. 209388. (hereinafter referred to "City Property".) 2. Messer is the owner of property located in Hennepin County legally described as: Lot 5, "Pheasant Lawn", except for that part of Lot 5, lying Northerly of a line drawn parallel to and forty (40) feet distant Southerly from the Northerly line of said Lot 5, "Pheasant Lawn." (hereinafter referred to as "Messer Property".) 3. Messer wishes to purchase, and the City agrees to sell, the City Property under the specific terms and conditions within this Purchase agreement. 4. Title Examination. Within a reasonable time after execution of this Agreement, City shall deliver to Messer a current Registered Property Abstract to the City Property. Messer shall be allowed 10 business days after receipt of the same to make objections, which shall be made in writing or deemed waived. If any any objection is made, City shall be allowed 120 days to make title marketable. Pending correction of title, payments as outlined below shall be postponed, but upon correction of title and within 10 days after written notice to Messer, the parties shall perform this Agreement according to its terms. If title is not corrected with 120 days from the date of written objection, this Agreement shall be null and void and neither party shall be liable for damages to the other and Messer hereby waives any and all claims of specific performance of this Agreement against the City. 5. Default. If title is marketable or is corrected within said time, and Messer defaults in any of the agreements herein, City may terminate this Agreement, and on such termination all payments made hereunder shall be retained by City as liquidated damages, time being of the essence. Neither party shall have the right of enforcing the specific performance of this Agreement. 6. Deed and Easement. City shall convey the City Property to Messer by Quit Claim Deed. The conveyance shall be subject a reservation for an easement for utility, drainage and maintenance purposes over, under and across all of the City Property. -2- 7. Consideration. City shall sell the City Property to Messer for the consideration of One Thousand Five -Hundred Dollars ($1,500.00) plus all legal and abstracting fees incurred by the City relating to this sale. All recording, registration and related fees shall be paid by Messer. Payment of the purchase price and all legal and abstracting fees shall be made to the City at the date of closing, which date is outlined below. Payment shall be in the form of a cashier's or certified check made payable to the City of Orono. City shall inform Messer five (5) days prior to the closing date of the amount of legal and abstracting fees it has incurred which will become a portion of the payment for this transaction. S. Soil. Messer understands the City makes no representation as to the quality or substance of soils sub -grade material, or ground water existing within the City Property. City has no knowledge of any hazardous substances which may have been placed upon or within the property prior to or during the City's ownership of the City Property. As used herein, "hazardous substances" means any substances, waste, pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code or regulation now existing or hereafter enacted or amended. 9. Access. The parties acknowledge that the City Property abuts not only the Messer property to the South, but also abuts Lots 1-4 of Pheasant Lawn to the North ("Adjacent Property"). It is understood by the City that Messer and the occupants of the -3- Adjacent Property currently use the City Property for access to the Messer Property and the Adjacent Property. As a condition precedent to the sale of the City Property, Messer shall deliver an Easement Agreement executed by and between Messer and the owners of the Adjacent Property whereby Messer shall grant a perpetual access easement to the owners of the Adjacent Property which Easement Agreement shall be recorded at Messerts expense. 10. Use of ProoertY. Messer shall hold the City harmless and hereby releases the City from any and all claims, causes of action or judgments, including attorneys fees and other costs incurred in defending the same, arising out of or related to the existence of any hazardous substances present or previously present on the City Property. 11. Benefit. The provisions of this Agreement shall inure to the benefit of and bind Messer, the City and their respective successors and assigns, but nothing herein shall be construed to permit Messer to assign their interests in this Agreement without the City's prior written approval. 12. Headings. The headings of the paragraphs and subparagraphs of this Agreement are for convenience or reference only and do not form a part hereof and in no way interpret or construe such paragraphs or subparagraphs. 13. SnterchangabilitY of Words. Words and pronouns shall be interchangable with respect to gender, singular and plural as a context or application requires. -4- 14. Modification Agreement. No modification or amendment of this Agreement shall be effective unless in writing and executed by both parties. 15. Closing. Closing between Messer and City shall be held on , 1988 at the offices of the City of Orono, 1335 South Brown Road, Orono, Minnesota. 16. Notices. Any notices or documents shall be sent to the following parties or their representatives at the addresses listed: City of Orono Dallas C. Messer and Virginia G. Messer Mr. Mark Bernhardson City of Orono P. O. Box 66 Crystal Bay, MN 55323 c/o Mr. Richard Indritz 5424 Shoreline Blvd. P. O. Box 9 Mound, MN 55364. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. /pv/7401H CITY OF ORONO By By Its Dallas C. Messer Virginia G. Messer -5- 51788.9 P 7 C"'UnI;r! IM*.EANG [;A( 23 19uf Tor Mayor and City Council ,,i)ti Of 009NU lROMt Mark Bernhardson, City Administrato D11TRs May 17, 1988 BOBJRCTr Ordinance Amendment - Feeding of Waterfowl Attachments A. Proposed Ordinance Language ISSUE - Presentation of language incorporating the Council's desire for banning of waterfowl feeding in the City of Orono. INTRODUCTION - Council directed the City's legal staff to undertake drifting of an ordinance for a total waterfowl feed.ng ban except in individual humane circumstances. DISCUSSION - The attached language intends to incorporate the C1ty Cooncll's desire of total banning of feeding and providing the City the necessary legal basis for citations and if necessary injunctive relief. ALTERNATIVES 1. Adopt 2. Amend and adopt 3. Table 4. Undertake a different approach 5. Choose not to amend the ordinance RECOMMENDATION - It is recommended that Attachment A be adopted as presented. PROPOSED MOTION - Moved by , seconded by _, that the Council adopt Attachment A as Ordinance _, Second Sexies as an amendment to Ordinance No. 9.13 Subdivision 14. Ayes , Nays 52088.3 ORDINANCE NUMBER _, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.13, SUED. 14 ADOPTED APRIL 1, 1984, AND ENTITLED "FEEDING OF WATERFOWL". The City Council of Orono ordains: Ordinance No. 9.13, Subd. 14 adopted April 1, 1984, and entitled "Feeding of Waterfowl" is amended to read: Subd. 14. Feeding of Wild Waterfowl. A. Statement of Purpose. It has been determined that the presence of large numbers of wild waterfowl on and around ponds and lakes in the City of Orono causes a public health nuisance in and around said ponds and lakes, including the surrounding beaches and properties, which is inimical to the health and general welfare of the public. The purpose of this Article is to prevent such conduct that may attract such wild waterfowl to properties in the City. B. Feeding of Wild Waterfowl Prohibited. No person shall feed, cause to be fed, or provide food for wild waterfowl in the City of Orono, on lands either put licly or privately owned. C. Exceptions. This section does not prohibit the temporary care or feeding of a wounded bird on one's own premises. This ordinance becomes effective from and after its passage and publication on . Passed by the Council this 23rd day of May, 1988. James R. Grabek, Mayor ATTEST: Do[oifip M: Ni:Sin; City Cferf: 51988.1 OLO To: Mayor and City Council C`�OhCIC FoETING FROM' Mark Bernhardson, City Administrato 1LAY 2319c%,' DATE: may 19, 1988 :3TY Of PR1)NO SUBJRCT: Administrator's Information MINNESOT_A CITIES MANAGER'S CONFERENCE - From Wednesday, May 9th thtough Pr7asy, Msy 7Tt- I_bed_Ehs privilege of attending the Minnesota City Manager's Conference at Cragene Resort in Brainerd. The program consisted of two main presenters who discussed the issues of Customer Service and Customer Relations as they relate to public sector organizations and secondly discussed Media and Public Relations in the public sector. The sessions were extremely valuable in pointing out perspectives in both the customer and media area that are not often considered in the public sector. It is hoped that in the next few months I will be able to share some of this information with staff in an informal training session. PLANNING COMMISSION REPRESENTATION - JUNE 13TH MEETING - At the PIannlnq Commissionne regular meeting on May 16tA they were asked to react to the outline regarding the responsibilities of the P..anning Commission and their relationship to the Council. As a result of that the Chair and Vice Chair will be available as representatives to discuss this issue with the Council at the Council's June 13th meeting. MARINA LICENSING - As noted in the attached sample letter, Mike Gillis n his (rdreated to the marinas that he will be out to visit each of the sites within the next few weeks. Based on that he will be making a recommendation at the June 13th meeting regarding the continuing process. He is presently anticipating recommending a site visit by Planning Commission and the Councilmembers for all the sites wish hopefully having consideration of the licenses by the Council in July. 299 HOLLANDER ROAD - One of the issues raised by the resident at this_iddress was the Police Department efforts to retrieve his missing cat. At one point Mr. Hollander did have three cats missing, however, two have returned home. The attached letter from the Police Department, by Officer Fischenich, outlines what steps he had taken in response to Mr. Hollander's complaint. The cats were originally reported missing on 4/21/88, Officer Fischenich together with other officers have investigated the matter. SPRING CLEAN-UP NUMBER 2 - The second day of clean-up held on May 7, 1988 resulted -in 7 duspaters being taken for a total this year between the two clean-up days of 17-18 dumpsters of debris being removed (each dumpater carries between 39 and Ss cubic yards of trashi. PUBLIC/PRIVATE ROADS - A number of residents from the Hollander Road area have been inquiring about the possibility of conversion of their private road to a public street. Staff has indicated that presently the City's direction has been to keep the private streets private, however, that should they desire to convert the street to public that perhaps they should get into contact with the other homeowner associations of private streets to approach the City Council as a group, rather than as individual streets. They have Inquired as to whether the fact their street 1s not a cul-de-sac but more of a circle route, would have any impact on% their being differentiated from the others and have a greater possibility of a conversion to a public street. Our indication to them has been at this point is that this would not be a significant factor in any staff recommendation regarding this matter. It was also Indicated to them that based on previous discussions by Council In this matter, that should the Council ever consider conversion of private streets to public streets that the private streets would have to brought up to City standards. A preliminary review on the Hollander Road case would Indicate that they would have to spend approximately $20,000- 25,000 to meet those standards. CITY of ORONO CITY Post Omcs Boa %o Crystal Buy, Minnm)w W=*Municiyl Otfim G e . e e On the North Shore o/ Lake Minnetonka May 13, 1988 Crystal Bay Service c/o Jack Duber, Manager 3398 North Shr• Wayzata, MN 5:, Re: 1988 Marina License Review Dear Mr. Duber: Thank you for timely submittal of your 1988 Marina License Application. As you are aware, the City of Orono did not license any Marinas in 1986 and 1967, in anticipation of the approval of certain proposed City Code changes, which have not been realized. During this same period, many of you have undertaken major or minor renovations of your varioue properties. In order to take a comprehensive look at Marina activity, it is our intent to complete a thorough update and review of each Marina's current operation during 1988. Within the next few weeks, I would like t� meet on the site with each Marina operator to review your operation. This will likely take approximately one hour of your time. We then plan to spend an evening, probably in June, during which the Planning Commission a i Council members would vis;t each Marina for a few minutes, allowing t' :m to familiarize themselves with the location and extent of each Mariners operation. Formal Council action to issue 1988 Marina licenses would r :n be expected in early July. For the time being, your operation is allowed to continue as previously licensed, prior to issuance of the 1988 license. I will be contacting each of you shortly to met �p an appointment to meet with you on the site. Please contact me at 473-7357 if you have any questions or comments. Sincerely, �yl �klwf P9&40L-ftV-k-Of Michael P. (Saffron, Amst. Planning a Zoning Administre`, MPG/jlb cc: -'Mark B. Bernhardson, City Administrator Jeanne A. Mabusth, Building a Zoning Administrator minDelG A ZO m<; . 47b1U+ a AMMISTIATON A FINANCE - 47343SA a m 4l 13.1101 AYPaSING ORONO POLICE DEPARTMENT MONL. ME E C 1/ CONTROL NUMEER IDCAI CONT AGENCY NCIC IDENT. ICA61 l S DAT TIME / -7�-8g REPORT M60F / M N O i L NRR GA�TE 11.6 IT,RRI LOCATION RilOR T(p}I�RE�Dj�� DRI NO" ILONI AV; S M T W T O/ �� ^i .10 1 / E / �/� •LACE CG.M,,,.0 VLCI L NER MAD SQUAD GR $ADDS M IRENI TIME AEIO ITAEI TIME AMR ITA➢1 ITT IIM,Eb CCL,RS ITEC\CLL? lil/®/©/®/®/I--�-�/ S t Z 'I.RI....No101.wn.G cen.I.I 0 A..,.' Rw.n Ot.❑IIII. u..-I OP..RM0 REMSONQOi FfNpfM0V1<TIM� O.OI. EUSMESS ADDRESS SEE CASE FILE WEST ! R.foE. OEDE. Amat M.., OElrvrr T- EUEINEBE f NONE ROLL CALL ❑ T...uO III Tr.M xI Ae.IEED I I Duvo. lume4 I I DOW Co"Iftee I I GOA. CORM To SM CO ATTNY ❑ CITV ATTNY 0 COURT ❑ CHIEF 0 OTHIR OISPOSITION Unf.,d.G CII IEG DY i,.1 Ref OINV EVncv In.CUY. ORMr OFFICERS SWE 11 VISOR3 SIGNATURE n � UnVRIV rVLIU[UCTNpIMtNI M! S CON1R LNVM[FR 10<SI CONT AGINCYNCI IDINT ICAOI DITETMI REPORT MADE M N O Y ( �OR�Tf RE�PORTE�D-111rD THE RID rtnrl ��10[—ITIO�N GyRIyD / N[R ILONI z,V: WMITIVIVITIFIS PLACE COMMITT[O P`LCI O _ y■n = �' L NBR NRD SQUAD OR BADGE M IE[NI TIME ASIO IT") TIME ARM IT.LRI TIME CLR, ITCLI MRCCBds ^!� R— FoRm momsD W DI!¢IR Me$Io.iD •sl OBv A—AIFIII .I: ucL / V-V.0 M- Mat VMILAINT U OFF E NDER Q VICTIM DOJ. BUSINESS RDORI= [US'F,tEIw ONE wOMf ADDRESS HOME IHOH[ REIORTE NS UG,. unp Cl IrOp Inv ry Q I'npliM COnMnI C) A.,.., A.,., Q TM C n ns1 Rlpprl CI RIIORTING IEREONnIFFIND[RQVIC I:Yl1 000 BUSINESS ADDRESS EyRINESS IHON[ SEE CASE FILE HOLLCALL III 6 RBISSw Dept Anist WdsOE DENYEr Trudy 1 TTMppdy A&.ud Cldtipn Iswey Detsll Compledy G.O.A. CM' TO / - - V1/ -` CO ATTNY ❑ CITY ATIN♦ COURT ❑ Cwl[I QOTHER. OI$RD$I710N U Oed T elro lne� • CY 1RK11Y! .�-f --�— OtReI SIGNATURIE L ORONO NOLICE DEPAR i MEN'T FOLLOW OF/CONTINUATION REPORT COM.LIiM1N.�LiJyLI< y, HJ II Gn6L L( �-��39 I ,oy�Lcc .too "V-Qtu AMJION•L 00A nsa u.u•s. wpygy{ OF INVLt9GW. IONS. I � i.7r. _ ■<7C•t7 �T.�.T+����t-TiF tttar3i' � 1 • I I. ! t ORONO POLICE DEPARTMENT M EE• CONTROL NVMBFR IO Al CON, AGENCY NCI "T ICAGI E C 1/ / M N 0 2I7— f, n17J�/ L NBR DATE REPORTED IR.DI TIME APO 1T All LOCATION GRID NBR ILONI DATf RIME REPORT ..OF S o- WAY: IS T W IT (I m NRO C.w. �T L BSR RD SQUAD OR BAOD[ r IBENI TIME p60 ItAFI TIME AAA (TAR) TIMF CLR ITCU R— AMw D A_ ANr.n jR I�N UOC UCf OFi ICER ABFIDN D • FqT DBv 1 _ In ft..=40 V -V.&I NIP A"REEE ....... Q Pr......... O Imollw COnNnI O A[unMl Awan Q TyI O InNlrwn RwR.I Q P..AN REPORTING PEREOft OF.ENOEAQVICTIMQ D9 JEUEINEBB ADDRESS SEE CASE FILE ROLL CALL WETn b Rel"I Oepl. AMI.1 M*uW D.hrel I Dated CympIFTFG TT..• - y Transported G Ad,iNd Oftimn ImMed l 9/C'v-, -' .— cGPr TO L4' — _ _. 4 CO ATTNv ❑ C." AINY Q COURT ❑ CNIE. O1NER DISPOSITION U,.#..d,d Ow..a0...... I R.1 OMn pent, I.M." Dow OFF IC/Nfi„ _._c SUPERVISOR'S SIGNATURE ----___ City or ORONo Pollee Della rt nc•nt May 17, 1988 Mr. John Hollander 200 Hollander Road Wayzata, MN 55391 bear Mr. Hollander, I attempted to contact you in person on Monday, 5/16/88, and as I did not find you at home. I will give you my report on your missing cats in this `:star. After you reported your cats as being missing to this department, I checked the yards of the homes you had mentioned to me and did not find any signs of the cats. I also checked the area of Cty. Rd. 6 near your residence and also failed to find any signs of the cats. At this point, I have no further leads and will place the case on our inactive list. If, however, further information is obtained, we will reinvestigate. S ely, Officer Dan Flschenich for Chief Kilbo Orono Police Department DF:ab �9 06W31l. w qrw WAY 23 1989 LIST OF LICENSES FOR COUNCIL APPROVAL i41TY OF ORONO FOR MEETING OF May 23, 1988 1 OR ONO System Instal Lers - Ingleside Engineering L Const. 4920 Highway.55 Rockford, MN Weatonka Sewer S Water Inc. 6501 County Road 15 Mound, MN 55364 ,. CITY c�4{0110 TO C".WI It.,. Minnem4, 410141 III'ILnIVf. a LnpliG 47373S7 ASS:SSIM, 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 attendence must accompany this application. All applications are subject to a ten (10) day approval period. n 1. Business or trade name 2. Business address /a •l r, e ' '� s? 3. Business phone # %? ./,rig evidence phone _ 4. Name of applicant or company representative holding MPCA certification yt -- ice, _ �% •.4'., S. Type of certification held: installer _ Pumper Site evaluator Systemesigner Isthis a ProvisionalCertificate? _ Certificate No.=21- 6. I£ no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediately prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? t Most recent year � 3 E. Have you ever ad a license revoked?AQ— When? Where? _ 9. Do you do Municipal Sewer hook-ups? Yes V No SUBMITTALS REQUIRED: ✓ 1. $25.0r license application fee. 2. $2000.00 license and permit bond naming City of Orono as obligee. The State Plumbers Bond will not be accepted. �, gq 3. $10-50-100,000 minimum Certificate of Insurance. 3� �4. Copy of current MPCA Certificate or evidence of af;lbhaiidctl�_E at On -Site Sewage Treatment Workshop held S:maed�atA,�,Z7 a.......,^.J p 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 undersiqned 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. ra-..,.k.. ei...f. . Date Applicants Applicants Signature r� Staff recommendation Approval Denial Date CITY Reason for denial: USE City Council Action Date Approve _ Denied OMLY Date license mailed V-1 111111 .. . ... . .... CITY C".41 IbY. Mi., !.SYYI IMILMNG A ZONING - 4739157 ASSESSING SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION 11 questions must be answered. License nee, bond, certificate .f insurance, and evidence of MPCA Certification or Home Sewage reatment Workshop attendence must accompany this application. All applications are subject to a ten (30) day approval period. 1. Business or trade name LL)r S{CI, IICA Sf ww s 1.A.'AC 2. Business address (,SDI CC, iLd 15. MUD 1 /177 SS3(of/ 3. Business phone L411-LN(0(0 Residence phone N7A-4040 4. Name of applicant ofF //commppa�ny reppresentative holding MPCA certification ke 14-bt C_L/}.t I S. Type of certification held: ✓Installer _ Pumper Site evaluator System designer Is this a Provisional —Certificate? QQ Certificate No.q_U 6. I£ no Certificate is held, provide evidence of ette M one of the On -Site Sewage Treatment Workshops held'! el �, OD prior to the current construction season. rA&K R p.00 7. Have you ever held a Septic System Installer licensdFMT-141A rou Orono before? ?? Most recent year JqJ7-kt #084830 EXI,k01 T}4111 8. Have you ever had a license revoked? L When? %16/88 Where? _ 0. Do you do Municidal Sewer hook-ups? Yes No SUBMITTALS REQUIRED: 1. $25.Or license application. fee. 2. $2000.00 license and permit bong naming City of Orono as obligee. The State Plumbers Bond will not be accepted. 3. $10-50-100,000 minimum Certif..-c ce of Insurance. 4. Copy of current MPCA Certificate or evidence of attendance at On -Site Sewage Treatment Workshop held immediately prior to current construction season. 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 i391A1 L1.MIIC SI"c<I4tc.1A„00H14L 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 -IO.%D �/ kkApplicants Signature s/t'lu( S1- r/1, �P'V" CITY Staff recommendation Approval Denial _ Date USE Reason for denial: ONLY City Council Action Date Approved Denied Date license mailed __ L0.CCyIITY OF ORONO PE%IP �O , NA E / DIV SO 8 II CH ON :ME IM )M I INS 1 1 IAG Y-T-D 4 - GROSS GROSS EXP/ BL 31 13612.59 1297.40 ME 12 19399 72 2044. 08 $A 31 8748 25 826. 40 JL 12 4712.45 538.34 SD 93 663.01 242.25 IF 42 15274. 23 1485.10 GB 31 14163. 49 1418.00 JL 31 129OR 63 1091.60 RJ 35 E116.50 285 60 IH 31 12417 34 1243.20 DJ 93 115.50 47. 2S MR 31 13941.68 1305.36 DT 31 11608. 32 1122.22 JM 31 13922.76 1273.5E MP 33 11649. 06 1166,40 JR 42 16341.76 1636.08 JD 42 11922.42 1248 69 OM I2 1U288. 01 1030,00 SC 42 10451.10 959.20 CJ 31 4477.67 441.OS JE 31 336.00 0.00 TJ 33 11649. 05 1166. 40 BP 31 12538.86 1264.52 MH 3: 17546.79 1760,00 M 31 4571. 35 132.13 MJ 33 0.00 D.00 CA IS 7106.1S 743.77 TM IS 16025. 31 1604.40 DJ 93 0.00 0.00 JA 33 1416S.89 1418.24 MA 35 28. 05 0.00 RA 15 8679.58 822.96 UH 93 558. 00 225.00 MF 31 14972.25 588.11 J 31 13586.63 i249 20 J5 31 3382.60 208.00 TL 12 7181.SO 0.00 DO 93 524 Be 209 00 LE 33 96T0. 72 964 08 PB 31 475. 00 0.00 PL 12 4715. 72 502.05 RY 93 0.00 0.00 Jc 33 0.00 0.00 HA 92 '099 70 1115.31 JA 93 54 00 24.75 JJ 42 10551 50 1121.07 CR 31 92e0.89 077.01 DS 42 10576 00 1115,30 RE 93 10715 49 1072.80 BG 93 640 DO 2r7 50 RC 61 0 00 0 00 !AG t3 v 3F ©RONO CITY OF ORONO — P 1 Y—T—D • — �' EMPL—NO NAME DIV CROSS GROSS EXP/I ■THOMTON MR 71 10763.74 1091.60 T OMCHECN LF 31 105B4.2626 1239,48 TOMCZYK MU 71 12664.S4 1249.20 UALSH KL 71 0.00 0.00 COUNT GRAND 43,743.92 PAID 000/5 TOTAL 00055 TOTAL TOTAL FICA TAX GROSS 23,421.72 EMPLOYER A • CROUP HEALTH „! B • PHYSICIAN'S HEALTH PLAN C • BLUE CROSS/BLUE SHIELD �1 D MEDICAL CENTER PLAN ao E PRUDENTIAL +, F COORO. HEALTH CARE Iq G MINNESOTA HMO H • TRANS—AMERICA OCC. I - BANKERS LIFE J • MUTUAL SERVICES K • MUTUAL OF OMAHA L • EMPLOYEE'S BENEFIT M AETNA N • NICOLLET EITEL 0 LEAGUE OF CITIES ,e P - METROPOLITAN HEALTH PLAN 0 - SHARE Z . HEALTH CARE MAINT ACCT MISSING HOSP CODE FOR SOME EM'L'S GN CITY OF ORONO EMPL-NO NAME CALLAHAN GOETTEN GRASEK PETERSON SIME JR P A Y R O L L Y_T-D P _ _ _ _ _ - _ _ DIV G14086 GROSS EXP/ALLOY FIT EJ 11 1EOG.75 E61.67 _ J 11 1E05.75 E41.67 11 1500.00 300.00 BA 11 1E08.15 E11.67 NJ 11 1206.35 E61.67 y COVNT GRAND 1.266.Go PASD 00005 INTAL 60605 TOTAL u� TOTAL FICA TAX CROBC • .00 EMPLOYERS FICA CONTI +� A m GROU► HEALTH +�- B m PHYSICIAN'S HEALTH PLAN j� C a BLUE CROSS/BLUE SHIELD D w MEDICAL CENTER PLAN E . PRUDENTIAL F = COORD. HEALTH CARE. C = MINNESOTA HMO H m TRANS-AMERICA 0^C. I a BANKERS LIFE J w MUTUAL SERVICES K m MUTUAL OF OMAHA L = EMPLOYEE'➢ BENEFIT M a AETNA N m NICOLLET EITEL i❑ A 0 .AGUE OF CITIES P a NETROPOLITAN HEALTH PUN 0 • B'1ARE Z a HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'E __ _ __._._.J II I906 CITY OF 0110110 CIIECO NO ]ATE MCI:es Os/01115 HC6227 05/44/69 MC6EE1 Os/01/66 M ..T 02/K/06 NCe22l 05,66,60 MCN2T 0S/O1les "Coca? 05,06,00 Hcfeel K/61/99 MCI227 0%/06/09 MC6t27 e5/o1/es NCO2P Is/o6/se MCn,? Os/.6/86 NCO221 OS/06118 NCfeeT aS,06/Ae 1NGs227 015:06/Cs MCf226 05I06.66 MC6129 6S/06/65 went 1s/01/K MCO230 05'01U•6 NC6231 05/06: Be HCf"li as Is NCa232 0s 06/e6 Ann�Mi I.I 00 1•I U PIT ST elt 06 16.01 !6 •9 101 26 30 To 1e •0 OS 61 e. 9t 345 01 •2 •1 101 S. 19• 33 12 as eis 03 200 00 200 00 96 N 146 32 2•, IN 19, Sea 50 19,95, s0 630 00 630 00 1 as 2.3 00 2n 00 . 867 ,S .. 06, TS • "Calls Os/o6/es 14 •0 HC623s. 05/06/60 291 IP .Ce235 05'Otrse 20, 31 HC9(35 Os/01.e8 13 s9 MC54s K/06/es 29 U .Cads 45,01,68 I&a TO "Cads as/N/N 31 91 MCSQ3s *910,104 13 90 HCa27s as, 04/86 N6 K .Cads 05/66/e8 3 1• Hceas I5,01/@a t13 Ss MCSt Ic 0s,01Ve8 13 Tt CNECM REGISTER ANON ITEM OESCRIPTIM IOSTMSTER POSTAGE IST RARE LMIEN IST M1N1 LANE$ IST NNE L s IST M11M LAKES III MAIM LADEN INT SAIEI LNEe IST SNB LNEB IST 34101 LAKES IST MIS LAKES IST MINI LAKES III MASS LAKES IST SANK LAKES IST OAMII LAKES 151 MASON LAKES CITY Of NOMO POSTMASTER POSTMASTIM CITY OF LONG LM MICNOLA6 Lf"1109 COMA AEY EALES TAX CORE, BEY SALES IAR IIT BANE MATL AS JET WM LAKES 141 MR LAKES IST FAME LAMES IST DAM LAKES IST MN LAKES IST MAN LANES I OT I ANK LAMES IST MAM LAKES IST MINI LAKES IET MIEI LAKES IST ENE LAKES IST 0AR NE/ ARENA Val TO 411 11-4I N-OIO-It PENA 3/91 To 4/3 01-4142-flt-IS ARENA 3/t1 TO 413 11-4142-111-I1 ARENA WWI To 413 1l-•lu-nl-]I NEAA 3/11 TO 413 11-•IN-115-]1 PENA 3121 TO 4/3 01-414e-121-31 PER& 3/21 TO 413 01-41u-196-31 PENA LEI TO 413 61-4IN-174-13 PERA Lp TO 413 01-4148-1011-35 PEN& 3/21 TO 411 01-4I40-t49-4t PEM 3/EI 10 4/3 01-.IN-290-61 PEM 3/el TO 4/3 71-•IN-541-/1 REBA WEI TO 4/3 T3-4I44-569-9E PENA WE1 To 413 A-•lu-Sse-9] CHANGE FUND 14-I04C-000-00 PKTAK 78-43111-S49-/1 POSTAGE 73-4381-S61-9E IST QUARTER 01-4311-130-M PAYMENT 63 IbN30-399-04 SALES TAX MARCH 11-3G11-001-00 SKEs TN OANCM TE-e!!l-111-tl an Laic /OM.w N-N50-901-00 PINES W Tf MT_.. _ E1-E1411-ME-11 PENA We 1E 4113 61-II441-610-IE PENA 4/6 TO • 17 a'-•IN-1tl-IS PENA ./• TO 4/17 01-4I4AI-191-17 PGA 0/0 Be 1/I7 al-414it-111-31 P"A •/• TO 4/17 61-414it-In-. ,"A Nf TO •/I/ •1-11N-111-L RUA Ma TO 4/17 •1-•1 N-196-31 PENA •/• TO .nl 01-41u-174-31 PENA f/a TO 4/11 •I-•1N-1K-]f PENA 4/1 TO 1/IT 0 1 -41 44t-f49-441 PENA I/O TO 4117 a1-ai 40-l10-61 06-U• 0 0NK I ACCOUNT O0. IM. •1-•lP1-ISt-la MNYK MWK MNWL MIBIAL MAWK HAWK / MWK MWK MWK MWK MWK MWLL ' MWK 11WK MNIIAL I MANUAL MWK MWK �0 9AMUK iC MANUAL "l HAWK MWK _ _Id M&MUAL �E ...-Me MNUK MAMMAL MWAL MWK M6yK IIOISIK 1MIMOK MAILIK M101AL MWK MAIRIK MWK IMa CITY M MOM CIVIL" NO DATE M[SalS 69/06/90 1RO 31 ES/0a/a$ M 023S OEiaUaE i IICJaST aE. as/at AMOUNT "a N ITS SS IN 13 1.14E M . .00 00 ♦00 u . al. l9S 71 430 c0 . 041 IS S., ' 0 cue . 10..1c 63 C CR SEGUTER MNDM ITEM MSCRIFT[M $ET BANK L4Rl META A/. TO 4/17 III DAVIS LANES PENA 0/1 TO 4/17 'Or SANK LARKS PENA ./. TO 4/1T PDETNINTEE FUND a1 TOTAL I111D It TOTAL FORD N TOTAL INIRD 12 TOTAL FUND Tl TOT" FUNO r. TOTAL TOTAL FOSTADE 0440-64 PAGE ! ACCOUNT RID [My E I 0 E MESSAGE 79-4111-E41-91 MANUAL 11-.1Q-SN-9! MANUAL •. -.1.! -S 1911 ..I I V A L ...-«a 61-4l1-119-11 MANUAL Gm FUND FARM FLOOD IV" IMF a01D D/S FUND WATER OFEIATIMG FOND SEWER OPERATING FUMO GOLF COMM OPERATING FD I _ 1149 CITY OF ONONO CMC11 NO DATE e110'1MT • ..00E O61U109 el 11 ,..to. .5/I61q .5 21 ..00e Os"Glof .5 n • 1.4oee 615/11/04 As es U.oOL 01,161N N to �..00. a5,10/11111 As !1 • 1..10• 99/1a 1" 111 t1 eve Tt 1J4109 OEi N/fO 1,040 N • l,1.0 11 • 144031 os"also s AS 1..131 051101" 1 Oi • 1..031 esn vu 11 el 14403 05, L01" 1 a to IS • I44014 ORn R/0S 2.44 9.4111 A • u.0es fiilSTtt tR to 65 01 . I44910 09,18190 A.*" H • u.o+a 11111,11,1141 es9 Il ..1/I Il • Is, 10/N is 10 Is 00 1..011 84/181" 00 SL • 14440. v11V16,410 914,50 144fR1 LVIVN W-M 14404 ",Islas 903ee • 1.900.0 14.091 vOVIVN Rs_t3 R1. it A •' 104644 fine/N 411.A CNECN REGISTER IS-e3-40 PACE I VENOOS ITEM DESCRIPTION ACCOUNT NO INV • 1 0. 0 MESSAGE ACSO-NINNEwTA INC OFFICE SUPPLY 11-4010-031-19 ACRO-RINMwTA INC OFFICE SUPPLY 01-411II-039-IE A00-NINNESOTA INC OFFICE SUPPLY 91-4t11-059-14 ACIO-NIWWWTA INC OFFICE SUPPLY 11-1t11-N1-1S .Cw-NIKMRQTA INC OFFICE SUPPLY PI-K10-199-31 ACED-NIM "TA INC OFFICE SUPPLI e1-1R11-111-3] ACNO-Nt1 UTA INC OFFICE SUPPLY 01-AS u-R19-M ALLIED \ACNTOP CO IVEEPEN RENTAL SE-RL/-M-eR AT 1 T C" 1ELE1.0-E 91-A3t0-0]0-IR _. AT 0 T USSR IAOMO.N 01-AXI-tSS-N AT R IT OS mll"NONE SI-0e1-1 S9-]1 AT 0 It sum— _ .. 9p.neaM 01-43CI-IFS-34 MITI 9111 am PARR PEED M 01-400-Mm-29 _--01-5]4]-4109-11 \ACIIp11M a eiRR APRIL iMgM 404IWN . ASSOCIATES SPACE STUDY IS-4301-650-00 w AR nLI. E .Sxn.TE! SPA¢ STUDY ED-.n1-ESE-00 1101,219,110.E A CLOTNIM 01-.ee1-1R1-]1 ROMSTtw wNM AS. SINS INTRINSIC RAN e1-4304-NI-41 110 fy000 QOMM ASN --'YlT IOU 01-1316111-e10-4i ROM STAw RO INE AM ENS CONRYLI NAR 01-43105-4140-71 RONESTROO ROSEM A" ENG CRIS,.AVARRE 114-4305-.R1-00 \A.SS PN070".PNT PICTURES WORST IETs PRINTINS S1-4e10-199-11 01-4192-It9-3'. •..-C.9 ....CNS ....CNS ...."IT ...-CNs ISN CIE, OF ONOMO F CNEty W DATE ANONT an IS . I•U00 as, Ui60 560 00 Sa0 oa . s oA a 1.•1N VS. iag0 ]]2 00 )R la . 0 I.4—, Is also le es os. a,a. EI tS u•i la IS e.a0 21 to .va 50 . Lu•I tsntgo Is to Is 00 . N i••, AT tVIVN est N ,..,At IVIVN 13 at ,...al NnOIN ET N t IAu •[ IS, IVN 0t Is •.I •[ 95,1 VN t1[ 31 G ,A•,.[ OVIVN 1 11 016 t. . 1AI Nn VN t l0 I A.1q NV Ia,N t t1 { Igly $91,0104 ) so .4.1.1 WIGVN 1 10 1..1.3 "11 a," ) 61 ' 1.41.3 "11 CVN S .a 1.41.3 01111V11ND 1, IA.1q tV 141t01 1.4IQ 01/I0,60 i• 1. to . � sous 1A4101 65/11/44 to 10 all 1t . ,..,.a sV 1a/N ISS N N .a . sous . ,.."I 0{n OVN O Its of CNECN aECt/t Et VENDOR ITEM DEScolpt10M SS-[]-N PAN t ACCOUNT N INV 0 P.0 0 NESNGE ....Us "T S CANLow INC STNEET MINT SLPPL♦ 01-4433-N1-441 COCA COL[ VENINC CONCESSION aESALE 14-/411NL'KSI-N COLONIAL L!FE INS CO LIFE IN COLONIAL LIFE INS CO LIFE IN t1-11Y•UM71 COLONIAL LIFE INS CO LIFE IN CI-11{!-t{5-71 CO[CO[AN SET CAPE NIIEt1NL CAN 0,-•)t0-1N$->s CMl 011P Ps INC — - - ERYt L-•t11-IN-,! COPY MP FE INt _ _ sonE1 Ot-At11-111-H CC.. DW ra INC ewes) 01-•en-O.,-Is COPY DV ra INC awn% EI-•tlo-Iel-]1 COP. OW ra INC CONEC$ 01-4cle-I21-31 COIT DIP ra INC C.011a 01-41110-174-33 CON, OM I. INC wigE COMENCIAL LIFE IN LIFE INC MY 01-41U-431-I9 CONNSSCIAL LIFE IV LIFE IMC ME O1-4ISt-060-IS COISRIICIA& LIFE IM LIFE IN M. 01-.,SS-Itt-]1 COM[NC1u LIFE INS LIFE IM'Ml 01-.IN-Ita-]I CONNNClK LIFT INS LIFE :N M1 01-4IS[-IN-]I CONN[NCIAL LIFE: INS LIM IN M♦ 01-.Ift-11.-]l COINIENCIAL LIFE INS LIFE IM M♦ 01-.IM-9.1-AS COM[NCIAL LIFE MO LCFE IM MT TL-.1M-Sq-11 CONII{NC1& .VE INS LEF[ IN My 1)-.Ift-S/t-St <OIOSSSClA LIFE 1.0 L]FE IN MY T.-tl N-1N-s) ENT SIN OEVEP.GE E A LN[EM AOLF E 90IC.00M EEEE PVIICMSS 74-441t{i11-04 CONCESSIONS NEW 1 14-4162-911-14 ..♦ EANVICS 11-•)II-IN-1• ...-tN ...."a ...-"a INe Ct TV ORONO 1 C MELR MJ DRT[ IN 1•.Iff Kilo Ae 1q Hf t5/4/Is AN ...... • uuu Is.1[/w ••a. r [ • ••zs1 � ue.• I.alr Oa/IJ/U INilr IS/la/S[ u.nr anane 1..nt os. Ia/st I Hi)i OS/U/et 1 ..ta• Os. 1o,11 'AAA-- 05"s le u•]15 tS/1e/14 I uou • 1.4303 to/Ia/ea • • IwlloS Oa/Ie/sa 1..109 ea/Ia/N • 1..3e7 Is' 'I N ♦.IDyI.T ]l rS a a. I,+It a . Ij st 13 so . s el 11 .o 1 16 sG S) . fa so 11 as . 5a IS -1 IS .l 50 I+ 1s 111 IS •l. s0 114 oa . CNECK KGiSTES VEMC0R ItER DESCRIPTION toll E EiICNfON IDSTRQ MOLT E ERICKSON EW IF REMTK [NIIICN aANIIN3 CO COAC[SSIOIS oEFAL[ aw•...E r"To c0 FUEL LUKICAIITS G' [ rMT[ CD [WV .YTa F PIUITS CO EOLUlmt , GLfNY000 :MGLEW.W UTILITIES C a K K*VIaS G A R moviaa G a K movies$ G [ E DERVICE• G a K SENVICEE ..'III [OT.TO :.J NEIIIIPPIM CO -Or MEO KE PIN CO -Of SEED M ISI DIV FEN 01. M NSI CT1 DEFT TAX MARK CTT WT TAX MEIN CO TREASUREt CLOTMIMa 1MIMT SEDG CLOTHING CLOINIHG 1.OTHIMG CONCESSIONS RESALE "MOB now EIPlLT _ al-Y)E if3-sl STEEESI NEW MILS •1-K±'+�S-ot N+JQ1 JAIL Yam.. IOSI.CE 04,-MI-044-12 Ol M•. CONWLlIW MON-sl1-N CRISI"a AMf a-e)-M r� ) e� N-0EI-EEa-• _ • I t�-[wiss-w �i • «rW ;tt lr-.esl-EaD-al ;� "1 .—DINS 01-.ttl-t/sue-- �I t!-.!l1-s1a-a1 T_-•YL I -INN-aE •• -CKY IS T.-.a OY-SfI-f. 1 o.-C', • • •b-DEE • .... C.S N-453P-48I-08 f 19*0 CITY OF OR0tr0 Ct4ECK PF;ISTER OS-t3-08 PACE • CHECK NC OAT£ HMO"'+' VENiJGP ITEM W SC01PTION ACCOUNT NO INJ 0 P 0 0 MESSAGE • 39 BSI 14 • 144300 05 t6/00 '49 10 NE " CT, SHERIFr DOT APOIL BOOKING FEE 01-4354-060-16 • 149 90 • • ....,. •.•-CKS 1441330 05V16.0M We? ICMA NJ-"WT CAP ICMA Si@ T3 S/SS 01-4140-631-tt 06 67 • •••�•• •••-CKS 144344 K/t•/00 416 00 IlgF, CITY NG1111T ASSN ICMA DUES 01-4360-019-12 • 416.00 • 034": •••-CKS � :4,040 $15 18,06 t0 " TON JACODS MILEAGE 174-33 • t0 t1 •....• see-CKS • • 144304' 05' 10: 00 7 70 KEAVILmfs O11UG OFF I Gi SUPPLIES 01 -4121 0-t 74-33 `4416'S 0s, 10/80 3.68 KEAVENYO DRUG OFFICE 51M*ttge 74-4816-S10-13 /1 40 • •••.•• *00-CKS 144360 o5�1e 24 E7 KILSO-MELVIN MEETING 01-43S6-•e9 3t 84 QT • •••..• •••-Cu$ 4i 1444J4 45. tE bti 41 94 TIE LAKER PUBLISHING 01-43ee-031-1e • 144404 es to ea S. T6 THE LAKEN PUBLISHING 01-43CE-174-33 144404 OS/161,80 t9 51 T11E LAXER PUBLISHING 01-43te-t.1.42 136 tt • • ...... ...-cKs 144433 OS/lbiOA 640 00 NICHOLAS LEGEROS SCULPTURE FINAL te-4S30-319-00 640 00 - ••.-CKS • 444437 OS 'eLkt 2"0S6 18 CITY OF LONG LAKE APR-JVN CENT 01-433t-1e1-31 p cSe 9s 144sS9 05,t6 9E 1 01 LONC LK FORD TRACTQR Et;! P PARTS 01-423t-241-4e 1 01 . • •..... ••r-CKS 1] 14.4.5 05,10 004 00 .•MAN LIMBER 4401JNDS MA:NT O'-4e31-290-61 c I"$ CITY or 060N0 cmccK PEGISTER OS-E3-00 PAGE S I C"ECK NO DA'E AMOUNT VENDOP ITEM DESCRIPTION ACCOUNT NO INv 0 P 0 0 MESSAGE • 14444S as. P P2 70 4' LYMAN LUMBER EQUIP PARTS 01-4232-290-61 r 074 SS • *go-CKS t 144440 OS/16/80 '39 30 MARK VII DIST BEER ►URCMASE 74-481S-59t-94 • '7! 30 • •..-CKS • fa4462 08 18�88 2 38b 3s MAPTINS NAVARRE 66 MAINT A_TQ 01-434t-•c9-31 a 3S6 33 • • •.•—uca • 144449 OS/16'08 ccO 00 METRC W INSF SERv ,t INSPECTIONS 01-4306-174-33 • EEG 00 • •.•-CKS �l 144474 C-S:la 98 S64 SO METRO WASTE CONTkC.. APRIL SAC CMARGES 73-1282-000-00 >! � S4♦ SO • •••-CKS 140400 OS/10/64 S6 14 MIDNEST ASPHALT STREET MAINT HAT 01-4233-819-42 S6 1 ♦ - � •••-CK6 144405 OS/10/00 bS 83 1NL8 OXYGEN CO UTILITIES 01-4384.249-42 t 6S 63 • .••-CKS • ••..•+ 144410 OS/19/80 803 67 MINNECASCO UTILITIES 01-4384-099-17 C • 203 67 • 144491 05i1p-99 88 00 PIINNESOTA TITLE ABSTRACT FEE 24-4399-41S-00 E • Se 00 • •.. CKS .•..•• • • 144806 nS 10/ea 7S OO MINN GOLF AS" MENPERSMlPB 74-4380-S96-93 7S 00 • 0. � •...•• ••.-CKS w 144Sit O5116 08 48 7S MT1 DIST .. GROUNDS MAINT SUPPLY 74-423'-S90-13 42 TS • so*-CKS F • 000000 14457E S 16'SP '2,411 80 C:'t �f: MO�iNO 2ND OTR 01-4317-132-32 � • tr,4t1 OO • )i W 1t" CITY Of 000110 CHECK NO DATE -.-••• 144540 OS%16,86 1445,49 osi3O,8P 144S40 OS/19/00 144S48 OS/1e/06 144S40 OS/10/00 14•S40 os-l0,ee -.-..• 144SS9 06/10/64 ,44STV OS/10/83 1445S1 9S!10/e5 14455? Os/10/RS 144Ssl os/10/88 144531 os/10/se 144539 os/l0/ee .....• 1`4%46 OS/18/N 1 44S40 Ov 14/000 144S60 9S/I4/001 14454.0 OS%t0/00 t•4s6�+ os/+s/BB 144S69 Os/16/00 144S60 OS/10/O0 -40-.. t44613 OS/16/00 0•••-- 144627 05,+0/S0 144687 CS116/60 1444t7 05/10/84 144" os/I•/" 144"'? 05/ 18/04 144410 •S/10/00 14462e W,1 6/04 144620 011/14/64 1446GF 6;/16/041 144►d0 99/18/44 1446t9 o5/10/60 1416t0 OS/t0/00 1446CS OS/14/00 AMOUNT 9♦ 6e 14 73 27 P4 3 94 20 24 76 14 30' au CHECK REGISTER VENDOR ITEM DESCRIPTION NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE "ARDWARE NAVARRE HARDWARE SLOG GRNDS MAINT EQUIP PARTS EQUIP PARTS EQUIP PARTS MAINT BLDG$ 4LDG GRNDS MAINT 05-23-88 PAGE 6 ACCOUNT NO INV 0 P 0 0 MiSSAGE -- •.-CxS 01-4t31-t90-61 01-4t3t-leg-31 01-4i3t-249-42 01-403t-290-61 01-4343-999-17 74-4231-S90-93 •0--CKS 160 70 Nsp UTILITIES o1-4324-099-17 E 73 NSP UTILITIES 01-43t4-17S-34 40 69 M`► UTILITIES 01-4324-249-42 7 O+ NSP UTIIITIES 01-4324-t90-61 366 0t NSP UTILITIES 7t-43t4-S49-91 eft 99 Nor UTILITIES 73-4324-S69-9t 63 91 NSP t11TILIT=p 74-43t4-STO-93 t.SS3 ti • ----c1.s 40 OR WORTHJESTERN BELL TELEPHONE 61-4380-tt9-31 '9 SO kDATNWESTERN BELL TELEPHONE 01-43t0-1149-42 t0 7t NORTHWESTERN BELL DATA PROCESSING 01-43SS-069-15 t0 1s -4OR7HWESTERN BELL TELEFnpA.E 12-4320-S49-91 16 S7 NORTHWESTERN BELL DATA PROCESSING 7t-43SS-S49-91 3t 1t NORTHWESTERN BELL TELEPHONE 73-4324-S69-92 14 46 NORTHti6;TERN BELL DATA PROCESSING 73-43SS-S69-99 174 44 • --.-CKS 462 00 1-EGA,S TRUCK REPAIR MAINT AUTO 01-4341-249-42 468 00 •---CKS �5 P!TNEY BOWES POSTAGE 01-4321-039-12 P t5 PITNET BOWES POSTAGE 01-4381-OS9-14 e 25 PITNEY BOWES POSTAGE 01-43111-069-1S 6 2S ►IINE` DOW65 1^1TACs 01-4321-174-33 8 e5 }ITKEY BOWES POSTAGE 01-43$I-249-42 ♦1 t5 90S 3s POPHAM 04AIK 6 A640C LEGAL RETAINER MARCH 01-4361-640-16 1S.633 s0 POPHAM hAIK 6 A000C LEGAL PRCSEC MARCH 01-430t-000-16 1.44. 97 POPHAM NAIK • ASSOC LEGAL_ CONSULT MARCH 01-4303-000-16 863 so POPHAM HA IV 6 ASSOC LEGAL CONSULT MARCH 01-4303-129-31 76 00 POPHAM NAIK 6 ASSOC LEGA'- CONSULT MARCH 01-4303-174-33 S66 30 POPHAM NAIK 6 ASSOC LEGAL CONSULT MARCH 01-4343-840-71 6 9e POPHAM NAIK 6 ASSOC LEGAL CONSULT MARCH t4-4343-4le-00 is S''i POPHAM NAIK 6 ASSOC LEGAL CONSULT MARCH t4-4303-421-00 1964 CITY Of ORONO CHECK NO DATE AMOUNT 14464?N 05%10/88 20 77 1446e0 6S 18/as 13 0S 144628 OS/18198 376 90 t 144628 OS/10/64 20 77 144628 OS/16/00 27 69 144620 03/18/08 15S 00 41 19,976 EO + reerer 144639 3S:t@/00 3 7 ? O0 377 00 • a •err•• ♦ 144b43 US1d.98 84 144643 :51,10/00 20 41 144643 OS/10/08 24 30 • 144643 OS/10/00 37 07 i44643 OS/16/00 2 7L 144443 OS/18/00 6 0� • 94 42 • ••errs A 144662 Oi/18/88 tit 10 ES1 10 r w r sorer 14467, oStt$/80 422 33 422 33 • Osseo* 1417'i OS:t8i68 4{4 4C 4P4 4C • 14477p OS/16/06 417 75 144 770 OS/16/00 44T 7S • 81S SO - sere+• 144776 05 !N 88 66 IS 66 15 • i 1.17TB OS/10/06 4E 69 4t 69 • • ••sore of CHECK REGISTER OS-23-88 PACE 7 • VENDOR ITEM DESCRIPTION ACCOUNT NO INV 0 P 0 0 MESSAGE POPHAM HAIK 6 A880C LEGAL CONSULT MARCH 24-4303-450-00 POPHAM HAIK 6 ASSOC LEGAL CONSULT MARCH 24-4303-451-00 POPHAM MAIK 6 ASSOC LEGAL CONSULT MARCH E4-4303-4S2-00 POPMAM MAIK 6 ASSOC LEGAL CONSULT MARCH 24-4303-4S3-00 • POs_+AM MAIK 6 ASSOC LEGAL CONSULT MARCH 24-4303-4S4-00 POP'MAM MAIK 6 ASSOC LEGAL CONSULT MARCH 2S-4303-43E-00 •••-CKS PRAIRIE OFFSET PRINTING 74-4322-590-93 i •4e-cKs PRUDENTIAL FIFE INS MAY 01-41SZ-039-12 i PRUDENTIAL LIFE INS MAY 01-41SE-069-15 PRUDENTIAL LIFE INS MAY 01-41St-1l6-31 PRUDENTIAL LIFE INS MAY 01-41SZ-129-31 46 PRUDENTIAL LIFE INS MAY 01-41S2-174-33 PRUDENTIAL LIFE INS MAY 01-41S2-249-42 • 4••-CKS • REED CANDY 6 TOBACCO CONCESSIONS RESALE 74-4802-591-94 • ROLLINS OIL CO GASOLINE 01-1260-000-00 •••-CKS • DIKIE PETRO-CHEM UTIL SYS MAINT, 72-4234-549 91 see-CKS TEMPORARIES TO GO MAAJISTO 4/22-5/6 01-4306-039-12 TEMPORARIES TO CO HAAVISTO 4/29!-S/6 01 4306-174-33 •e•-CKS '.HORDE DIST C� BEER P'JRCMASE 74-4015-S41-94 +••-CKS TJ1_L CO EOi:IP PAEIS 01-4232-249-42 ••••-CKS � r 1960 CITY OF ORONO I CHECK NO DATE AMC,;%NT r, 14479E OS/t0/80 10 75 144792 Os-18/88 10 75 21 SO • ..•... a 144796 Os/19/08 167 72 144796 Os/10/88 ss 00 144796 0S/Ts/se 437 75 600 47 144614 Os/16!86 46 75 46 75 . • 144935 0S/16%66 486 f10 486 00 - 144301 Os/18:88 67 90 67 90 . 144*�02 o5:18/90 35 19 35 19 - i44903 Osi10/68 134 34 138 34 • 144—)4 GS a 80 70 Se 76 s5 - 449C�- OS/18•61, 19 10 19 t0 • r44S 6 us.?9-E0 246 30 840 38 - • 144Gp 0S/16/08 329 DO 329 O � . 44904 30 30 30 30 + 441; as,, to 68 4.&80 60 4.220 00 • 14491 0s • .44911 pC:le as bc0 00 • CHECK REGISTER VENDOR ITEM DESCRIPTION TWIN CITIES DICTM SV OFFICE SUPPLIES TWIN CITIES DICTN Sw OFFICE SUPPLIES UNIFORMS UNLIMITED CLOTHING UNIFORM$ UNLIMITED CLOTHING kdNIFORMS UNLIMITED CLOTHING US WEST CELLULAR INC TELEPHONE WARNING LITES INC EOUIP RENTAL 05-e3-88 FACE 8 ACCOUNT NO INV 0 P 0 e MtSSA;.E + 01-4t10-039-•2 01-4E10-174-33 ••+-CKS 61-4221-121-3t + 01-4221-126-31 01-4821-129-31 ..•—ctcs t, 01-4320-129-31 01-4331-249-48 CITY OF MAPLE GROVE SLHOOL 01-43s6-129-31 ALBINSGN EauIP PARTS 01-4232-129-31 14OWE CO GROUNDS MAINT SUPPLY 74-4231-590-i3 CUMMINS OFFICE SUPPLIES 01-4210-039-12 " STONKA GLASS SERV REPAIR WINDOWS 01-4343-099-17 BRAYTON CHEMICALS GRND MAINT SUPPLY 74-4231-590-93 EGGHEAD SOFTWARE •�FTWAAE 41-4566-Ial-31 C14ETs IMIO/T LIFT 19TATIM Ti-4344-569-90 NISTLER RU"I SH O liw aim UP 01-4343-249-42 K:NNES.'A EMERGENCY 1�lTIeN B/-4iS6-Iz4-31 L`4C 6vI-DlNr. FUND LMC BLDG 60 OF Of •1-4380-020-,1 *00-CKS PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW r'JR OUR CITY RECORDS. t NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agend a 2 ♦.. l'1� i'� %•�4i•��-- )(7 �i�.L tZ. �C ��i i+Y�Lst_�c_� JA �I ��J �'G�✓l.��� wz- ")C H -r, iecl 0...aAu- 2. 3 4. 5. _3 6. EALE Y, 0c L�� j ►„ `., �� f 7. 9. 0.-- 7 7 7 7 7 PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) levy(' 2 yl �'��i fry' T l✓ . �J H / T� '� 3 �'s¢ �. ���r 4,A, R' C- 6. Kf1 7. 9. .0. .1. .2. 3. ,4. S. 6. 7. a. 9. 0. Irc Y 2 3 r? Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 474 5539 To: LMCCC City Adm'nistrators From: Holly Hansen►' Re: Cable Update Date- May 13, 1988 Enclosed for your information is a copy of the Resolution adopted by the LMCCC on May 10, 1988 approving the sale of our cable television system from Dowden Cable Partners, L.P. to Triax Midwest Associates, L.P. Also enclosed is information provided by Mary Smith on subscriber activity and statistcs. Please call me if you have any questions pertaining tr. the above. Thank you. Enclosure HH/mb Dowden 16 Cablesystems TO: Lake Minnetonka Cable Communications Commission FM: Mary A. Smith, Regional Manager 1),I': May 10, 1988 Subscriber Report - See attached Basic Penetration - 44% Jars. 1 - Apr. 30, 1988 Net Gain - 495 Basic Subscribers Public Access - See attached Marketing Promotions HBO/Cinemax, May - June 6 Basic acquisition - Direct Mail 884 Install First month of hd0/Max for 884 Disney Summer Preview - June 4 & 5 Free Installation Regional Channel 6 An agreement has been signed between Suburban Cablevision Company and Dowden Cablesystems to interconnect their respective cable systems. The interconnect will allow Dowden to receive Regional Channe) 6 meeting FCC standards as set forth in the Lake Minnetonka Cable Communications Commission Franchise Agreement. EPG - The Electronic Program Guide will be moved to channel 36. Attachments Managed By (k)vvden ( able Partners, 1. I' ' 191 Wilshire liuulevard, Mound, K innesola 55364 (612) 4"2 6394 SUBSCRIBER STATISTICS January 1, 1988 through April 30, 1988 Lake Minnetonka System Hones 1-1-88 Basic 4-30-88 Basic Yet Gain 1-1-88 Pay 4-30-88 Pay Met Gain :ommunity Passed Subscribers Subar .')era -)r (Loss) TV Onits TV Units or (Loss) ronka Bay 606 �69 44% 307 51% 36 229 230 1 4innetonka Beach 219 103 47% 105 48$ 2 104 106 2 :xcel:ior 1161 508 44% 593 51% 85 352 361 9 ;horewood 1758 717 41% 843 48• 126 585 654 59 .,pring Park 667 250 37% 275 41% 25 172 182 10 .-ono 2236 815 36% 890 40% 75 719 726 7 .ong Lake 782 326 421 363 46% 37 244 237 (7) ;reenvo(>d 25,3 102 40% 102 40% 0 79 76 (3) )eephaven 1420 552 39% 596 42% 44 433 44f1 /J woodland 190 47 25% 52 27% 5 41 40 (1) ;edina 217 77 35% 71 33% (6) 79 5C (21) Victoria 538 228 42% 271 50♦ 43 150 1G0 10 ;innetrista 593 231 39% 242 41% =- 205 201 (4) St. Boni°acius 391 154 39• 164 42% 10 120 I11 (9) SYSTEM TOTALS 11,034 4,379 40% 4,874 44% 405 3,517 3,590 73 LAKE MINNETONKA CABLE. COMMISSION RESOLUTION NO. _ APPROVING THE SALE AND TRANSFER OF OWNERSHIP IN CABLE SYSTEM AND TRANSFER OF CABLE FRANC`iISE OF DOWDEN CABLE PARTNERS, L.P. TO TRIAX MIDWEST ASSOCIATES, L.P. WHEREAS, Dowden Cable Partners, L.P., a Delaware limited partner- ship, (hereinafter "Dowden") owns, operates and maintains a cable television system (the "System") for the Lake Minnetonka Cable Communications Commission (hereinafter the "Commission") pursuant to the terms and conditions of a Cable Communications Franchise Ordinance, as amended; and WHEREAS, the Commission has t! authority and responsibility to adopt, coordinate, ad.lnister and enforce the Cable Communications rranchise Ordinance and the right to approve any transfer of said Cable Communications Franchise Ordinance; and WHEREAS, Dowden desires to sell and otherwise transfer substantially all of its business and assets used or useful in connection With the ownership and operation of the System and the Cable Communications Franchise Ordinance to Triax Midwest Associates, L.P., a Missouri limited partnership (hereinafter "Triax"); and WHEREAS, Triax agrees to continue to manage, operate, and maintain the System in substantially the same manner as Dowden and to assume all Dowden Franchise obligations and execute and accept the Cable Communications Ordinance, as amended; WHEREAS, Dowden and Triax have requested the consent from the Commission to a sale of the System and transfer of the Cable Communications Franchise Ordinance of Dowden to Triax; and WHEREAS, the Commission considered Triax's technical abiiity, financial condition, and legal qualifi--ations in a full public proceeding after due notice and a reasonable opportunity to be heard; and WHEREAS, the Commission finds no reasonable basis to deny the request for transfer to Triax under the terms and conditions set forth ho low. NOW, THEREFORE, BE IT RESOLVED by the Lake Minnetonka Cable Communications Commission that: 1. The Commission hereby approves the transfer of the System and transfer of the Cable Communications Franchise c-rdinance of Dowden Cable Partners, L.P. to Triax Midwest Associates, L.P., conditioned upon a review by the Commission's lc,gal counsel as to the legal suffi,iency of the organizational and creation doctioents of the limited partnership prior to closing and subject to an actual closing of the transaction on or before August -)1, 1988, pursuant to the terms and conditions as evidenced by the information submitted by Dowden and Triax to the Commission. 2. The Cable Communications Franchise Ordinance requires that the franchisee under the Cable Communications Franchise give notice to the Commission prior to any assignment or transfer of such Franchise and give the Commission the right under certain circumstances to purchase the Cable Communications Franchise. The Commission hereby approves such assignment and transfer and waives its right to purchase the Cable Communications Franchise arising as a result of any assignment and transfer of the Cable Communications Franchise from Dowden to Triax. Pursuant to and consistent with the terms and conditions of the Cable Communica- tions Franchise Ordinance or Section 238.083, Minnesota Revised Statutes, Triax shall have the authority to pledge and collaterally assign, and to grant a security interest and lien with respect to, the Cable Communications Franchise to any lender of Triax as security for payment of the debts of Triax, and any such lender shall be entitled to all of the rights of a secured party under the Uniform Commercial Code of the State of Minnesota. 3. That the Commission consents to and approves thn transfEi of the System and transfer of the Cable Communications Franchisc Ordinance from Dowder. to Triax subject to the following conditions: a. Triax shall accept the Cable Communications Franchise Ordinance by giving written notice of acceptance to the Commission and thereby as reeinq to perform all of the terms and conditions of the Cable Communications Franchise Ordinance, within thirty (30) days of such transfer and assignment, unless the time for acceptance is extended by the Commission. b. With its acceptance, Triax shall furnish to the Commission and in accordance with the requirements of the Cable Communications Franchise Ordinance, tho performance bond, evidence of insurance, letter of credit, and such other items required by the Cable Communications Franchise Ordinance. C. Triax shall agree that the remaining provisions of the Cable Communications Franchise ordinance remain in full force and effect followinq the completion of the transfer and assiggnment. d. With its acceptance, Triax shall pay all costs and expenses of the Commission, including legal and ether consulting fees, incurred as a result of this process and to the extent such costs and expenses have not previously been reimbursed. e. Dowden shall have completed the activation in the member Cities of Commission of Regional Channel 6 to the satisfaction of Commission. f. Triax shall agree for the term of the Franchise to designate cable channel 8 as the Government Access L,iannel, cable chan►iel 20 as the Public Access Channel, and cable channel 32 as thc: Educational Access Channel, and further, not to utilize these channels for any other puroose except with the prior written consent of the Commission. 4. That Triax shall, within sixty (60) days after the closing, file with the Commission a copy of the deed, agreement, mortgage, lease or other written instrument evidencing such transfer of ownership and assignment of said Cable Communications Franchise ordinance, certified and sworn to as correct by Triax. That in the event Triax or Dowden fails to comply with an-' of the above requirementr within the time specified, unless the time i.s extended by the Commission, this Resolution and any and all approvals set forth herein shall be null and void. 6. The Cable Communications cr.anch:se Ordinance is in full force and effect, and there hPve been no amendments or modifi.:ations to the Cable Communications Franchise Ordinance, except for those on file in the office of the Commission. The above listed resolution was moved by Commissioner and duly seconded b; Commissioner The following Commissioners voted in the affirmati,le: and 1988. The following Commissioners voted in the negative: Passed ana adopted this _ day of _ LAKE MINNETONKA CABLE COMMUNI,'ATIONS COMMISSION Chair reasurer LAKE MINNETONKA CONSERVATION DISTRICT To: Wayzata Weekly News/South Shore Weekly News Wayzata Sailor, Excelsior Sailor, Minnetonka Sailor, Westonka Sailor The Laker/Pioneer PUBLISHt 5-12-88 or next issue From: Frank Mixa Executive Director L.M.C.D. 473-7033 PUBLIC HEARING NOTICE QUIET WATERS FOR JENNINGS-WEST ARM CHANNEL Notice is hereby given that the Lake Minnetonka Conservation District will hold a public hearing at the Tonka Bay Village Hall, 4901 Manitou Road (Co. Rd. 19) at 7 p.m. on Wednesday, May 25, 1988, in the matter of establishing Quiet Waters for the channel between LMCD Aceas 16 and 17 (Jennings Bay and West Arm). Frank Mixa, Executive Director Lake Minnetonka Conservation District LAKE MINNETONKA CONSERVATION DISTRICT MAY , 08 Advisory Committee on the Comprehensive I'lal foc the Management of Lake Minnetonka A G E N D A May 11, 1988, Tuesday 5 p.m. Tonka Bay Village Nall 1. Private Riparian Survey 2. Homeowner Association, Marina and Private Club Survey 3. Lake Minnetonka Access Ramp Survey 4. Arndorfer/Barr Subcontract -b-88 LAKE MINNETONKA CONSERVATION DISTRICT Action Report of: ADVISORY COMMITTEE on the Comprehensife Plan, for the Management of Lake Minnetonka Meeting: April 21, 1988, Thursday, 5 p.m., Tonka Bay Village Hall Attendance: Rascop, Bjorlin, Boswinkel, Garwood, Hurr, Lewman, Pills- bury, Reese, Weisser, Westlund, Ault (Hennepin Co.), Becker (DNR), Bonine (Hennepin Parks), Peterson (Water Patrol), Mauritz (Met Council), Arndorfer, Nelson, Dan McGinnis, and Bob Searles 1. Work Plan for Preparation of Management Plan for Lake Minnetonka The committee reviewed the work plan, accepting the proposal for the two-year plan -development program. 2. Experimental Design - Summer 1988 The committee reviewed the 1988 monitoring program with the following comments and changes: A. List of applicable work elements, top of page 2, item 10: 10. Evaluate the nerd for the Regional Park in Minnetrista Comment Plan should evaluate the need and function of public recreation areas around the Lake. CHANGE 1. Item 10 on top of Page 2 should read: 10. Evaluate the need and function of public recreation areas around the Lake. B. List of applicable work elements, top of Page 2, item 14: 14. Evaluate environmental consequences Comtment s : a) Should evaluate recreational effects on the social and physical environment. b) EAW format for evaluation is to be used. c) The plan should provide reliable benchmark figures trom the study for future use. C. Lake Use, Page 2: Comma t: Should determine, or develop a system to determine, the ratio of Water Patrol boats to boaters needed. Lake Use, Page 2: hest 7 - Develop a monitoring program Cossmn t s : a) '"his should provide feedback for the management objectives of t no Plan. (more) • LAKE MINNETONKA CONSERVATION DISTRICT Advisory Committee April 21, 1988 Page 2 b) Should determine the impact of different kinds of access. c) Should estimate response and make ongoing changes in the survey process as needed. d) Pre -publicity would prejudice the survey. D. Access Model, Page 3 Cosseent e : a) Should read: Total Access - Pr + Pc + RP + Mr + Cr + Cs + Cb +P1+e b) Sample base has been expanded. E. Origin Model, Page 4 Cos=ents: a) Economic questions (i.e., cost of access, travel costs, value of recreation experience) are not to be included in 1988 data. b) Peak -day st.A;-ea might be useful to determine worst effects of crowding. CHAI M 2. Page 4: Aerial counts will be made on 5-14-88, fishing opener. CHMGE 3. Page 4: Boat size will be determined. With the above three changes at no change in the contract costs, the 1988 Monitoring Program was accepted. 3. Consultant Invoice Upon review of the consultant's invoice covering 2.6% of the contract, Reese Moved, Westlund Seconded that the committee recommend approval of the consultant's invoice for 2.6% of the contract, amounting to $6,461.79. Motion, carried. NOTE: The committee received the three user surveys proposed to be used thi- summer for review at a committee meeting on Wednesday, May 11, 1988 at 5 p.m. at the Tonka Bay Village Hall. 5-6-88 There are many characteristics which distinguish a fine school or school system from the mediocre vati- sty. One of the primary characteristics is commu- nity support. Community support has many faces, and evidence of support for the Orono Schools is apparent in a great variety of ways. While space does not permit a complete listing, it is timely to focus on two major areas of contribu- tion. The first is the extensive volunteer pr,,gram that serves the Orono Schools. The time and effort contributed to our schools by dedicated volunteers is impressive. Hundreds of parents and community residents annually donate thousands of hours for the henet it ' the Orono Schools. Thev gather In com- mittee me, Ings to share their expertise; they assist in our libraries; they work as helpers to classroom teachers; they tutor students; they make presenta- tions to students; they chaperon dances; thev accom- pany students to the wilds of Camp Isabella; they plan graduation parties; they run carnivals and hot dog stands; and they do whatever needs heirg done. The litany of volunteer contributions is more exten- sive than what I have offered. But the point is made. Volunteers make a difference for the Orono Schools and the entire school district community is grateful. Annually the Board of Education recog- nizes the participation of volunteers with a formal resolution. On a more informal basis an annual con- tinental breakfast is held for all district volun- teers. This year the breakfast was held on April 27 Both the resolution and the breakfast .ire attempts to say thank you, we appreciate you, and you make a difference for our schools. A second area of community support that makes a dif- ference is the Orono F.1ucation Fund. Led by a local citizens' board of directors, funds are solicited from district citizens and businesses. These funds are used to enhance the school district's educational program and to provide scholarships to selected grad- uating seniors. Because of community support and generosity much good results from this citizen ini- tiated effort. tontinued next column ORONO SCHOOL BOARD David McKown, Chairman 479.1692 Don Anderson, Vice Chairman 479-1810 Lucie Taylor, Tr:asurer 473-1199 Kitty Crosby, Clerk 478-6037 Jim Franklin, Director 479-2130 John Maresh. Director 475-3197 Artists -in -Residence programs, teacher in-service opportunities, and special instructional materitis are only a few of the ways the Orono Education Fund provides benefit to the Orono Schools. Equally Important are the scholarships given to grad- uating seniors. Each year a special evening program recognizes those students who are being inducted into the prestigious National Honor Society and those stu- dents who have von Orono School District scholar! lips. (Watch cable T.V. listings for a rebroadcast of +his event.) The award evening 15 a very special time in the act,, l year. It is a dignified and substantial way of under- scoring academia: effort and success. Learning is our business and the scholarship program makes the point loud and clear. There is a great deal more I could say about the vol- unteers who serve our sc'lools and the citizens who contribute to the Orono Education Fund. Both stand as witness to the Interest and support of the community in their schools. It is not the buildings, the fac- ulty or even the programs that ate really supported n all of this. fhe facilities, the people, and the rograms are means to an end. In the end, the volun- teers and the contributors to the Orono Education Fund are supporting the students. Students are the bene- ficiaries of a combined school community effort. By the way, if you are interested in joining the im- portant group of school volunteers, you are asked to call one of the school principals. If you would like more information about the Orono Education Fund, please call the District Office. mw� Thomas B. Mich Superintendent GUIDANCE AT it GLANCE TWO ORONO STUDENTS CHOSEN AS OUTSTANDING WRITERS Test Dates for June Date Regis. Deadline Late Regis. Deadline SAT June 4 April 29 M:ly 11 ACT June 11 May 13 May 31 Preliminary Scholastic Aptitude Test (PSAT) The PSAT is available to all juniors and will be given in October, 1988. It is an opportunity to experience taking a college entrance exam and also is the quali- fying test for National Merit Scholarships. There will be a sign up period during the month of May at the high school. Sophomores considering a four year col- lege are encouraged to sign up in the guidance office. Summer Jobs Applications are now available in the guidance office for summer job opportunities through the Suburban Hennepin County Summer Jobs Program. This program is federally and state funded and is open to youth ages 14-21. NATIONAL HONOR SOCIETY INDUCTION AND AWARDS EVENING The National Honor Society induction ceremonies will be held on Tuesday. May 17 at 8:00 p.m. in the Orono High School auditorium. Five juniors and twenty-three seniors will be inducted into the National Honor Socl- •ty with a candle lighting and pinning ceremony. Juniors and seniors are eligible to be considered :or membership if they have a cumulative grade point aver- age of "B" or better. Further consideration is based on ratings of each student's scholarship, leadership, character, and service during their time in high school. Membership is the highest honor that Orono High School can bestow apon those students who have exhibited ex- emplary academic and personal qualities. In addition to the induction ceremonies, a part of the evening will be devoted to the awarding of local and school district scholarships to graduating seniors. ORONO HIGH SCHOOL CHOIR RATED SUPERIOR AT CONFERENCE. The following members of the Orono High School Choir received superior ratings for their performance at the Suburban Went Conference Vocal Solo and Ensemble Contest hold at Waconis High School on March 16. Mixe+ En- semble: Nicole Utsch, Jessica Ely, Beth Bracken, Sherri Martin, Denise Hoiland, Julie Provo, Danya hetgman, Shayde Rudenick, Jeff Mart. Mark Tomlinson, Lari: Christianson, Shawn Strehlow, and Erik Swenson. Girls' Ensemble: Nicole Utsch, .Jessica lily, Jenny Abdo, Liz Scalf, Sherri Martin and Theresa Abdo. Boys' quartet: Er!� Swenson, Lar4 Christianson, Jeff Mart and Shayne Rudenick Solos: Nicole Utsch and Jessica Ely. Duets: Nicloe Utsch and Shawn Strehlow, Nicole Utsch and Jessica Ely, Jessica Ely and Sandi Martineau. Congrat- ulations to all these vocal music students! _ Howard Lerohl Choi*. Director Jean Lee, a student at Orono High School has been sel- ected �. a par -I of nine English teachers serving as judge receive a trophy at the first annual High Schoo. er-McDonald's Awards Program scheduled fo: Saturuay. May 14, at the Sheraton Park Place Hotel 1n Minneapolis. Students are chosen for the awards be- cause of their written submissions published in the High Schout Wuten of Minnesota during the 1987-88 school year. The High School Wu trk of Minnesota, beginning it's fourth year, is a classroom teaching tool used by senior high school English teachers throughout Minnesota. The publication, printed in tabloid newspaper format, was developed to provide a real audience for student writers and to foster the desire for learning good reading and writing skills among teenagers of all interests. .lean Lee Jean Lee also was named the Minnesota Journalist of 1988 by the Minnesota Journalism Education Association. By winning the competition, she receives $250 from the St. Paul Ptoreei Pkna and NA - patch and her portfolL• vas entered in the National Journalist of The Year Com- petition. Jean was a sports -page editor for the 1TA last year --edito- rial page editor this year, sports writer for The Ptonee.A, this year, and editor of her church youth newspaper, The Rice Paper. Doug Beal, a student at Orono High School, was the fifth place winner in the 1988 National Journalism Contest, Minnesota Division, sponsored by the President's Com- mittee on Employment of the Handicapped. He will receive a check f)r $300 from the sponsors at a ceremony May 3 F at the State Capitol Building in St. Paul. The compe.ltion theme was "Employment: The Passport to Dignitv," thus the esbav centered tin disabled people in the work place. Beal interviewed Bruce Hodek who is hearing impaired and who is the coordinator at the Region-F al Service Center for Hearing Impaired People in St. Paul.+ Beal completed this essay as as extra -credit project in Advanced Placement English. Currently he is working as a feature editor on the ITA. He plans to attend Bowdoin College and major in business or political science. IS/MS CHOIR CONCERT JUNE Please mark your calendar and reserve Thursdav, �u­! 2, for the IS/MS Choir Concert at 7:30 p.m. in the Middle School gym. Thank sou. Kim Fragodt John Oman X Directors 0 INCOMING KINDERGARTEN PARENTS' MEETING LOCAL TEACHER TO ATTEND 1988 WORLD FEDERATION Of TEACH- ING PROFESSFONALS IN AUSTRALIA On Tuesday, May 3 at 7t15 p.m. in the Schumann Elemen- tary Cafatortu■ Dr. Harlan Hansen, Professor of Edu- cation at the University of Minnesota will be speak- ing to parents of children eligible for kindergarten. He is a specialist in Early Childhood Education. This is a meeting for parents only. You and your child will be invited to come to the kindergarten room together next fall. A packet of forms has been sent to the parents of each prospective kindergartener we have on our list. If you have a child eligible for kindergarten or know of someone new in the neighborhood who has a child eligible. please call the Schumann Elementary office. (473-7317) CHILD CARE PROVIDERS We have many requests from parents asking about child care available within our district. We would like to provide this material for them. If you are a child care provider and would like to be on a master list that we provide to those interested parents please send us appropriate information. We will be happy to include your Information an a master list. Thank you Marvel Bongart Elementary Ptis,cipal T APPLY NOW FOR SUMMER JOBS Summer Youth Employment Program applications are now available through the Minnesota Job Service. The pro- gram is designed to provide gainful employment for Minnesota youth for up to twelve weeks. All Minnesota youths ages 14-21 are eligible. Pay is $3.55 per hour, and youths are employed 20 to 40 hours each week. There are group and scattered worksites, including parks, recreation areas, public schools and city of- fices. Jobs range from public works to filing and desk work. Suburban Hennepin County residents who meet age re- quirements should contact their school counseling of- fice or lynn Miller at the lob Service, 6121 Baker Road, Suite 111, Minnetonka, telephone 341-7163. 17A It 1 ORONO TEACHERS TO TEACH IN NEW ZEALAND Betsy Swartwood, second grade teacher at Schumann Elementary, and Kay Sause, teacher at the Middle School and Coordinator of the rifted Program for the students of the district, will be teaching for three weeks this summer in Christchurch, New Zealand. Betsy will be teaching PriAry Form, which will be the teaching of 5-8 year old children. Kay will be teach- ing at Cobham Intermediate, grades 6-8 and she will be working specifically with gifted children. This is Kay's third time teaching oversew , the first two in Londou and Edinborough. This experience is made available through the University of Wisconsin. Thief River Falls. Other Orono teachers that have taught abroad in connection with this program are Pat Shoop and Kay Sivets, both teaching in England, and Gsty Never, who taught in Scotland. Betsy Swartwood, second grade teacher at Schumann Ele- mentary, was nominated by the Minnesota Education Association Board of Directors to represent Minnesota at the World Federation of Teaching Professionals in Australia. Her name was sent to the National Educational Associ- ation. Members of the delegation were chosen from the nominees submitted by the state organizatljn and ap- proved by the National Education Association Executive Committee. Betsy and others who were chosen will attend the 1988 World Federation of Teaching Professionals, August 3-9 in Melbourne, Australia. The National Education Association 1s entitled to send an official delegation of 50 people. Others will be attending as ',2baervers. Mary F'ritrell, president of NEA will head the delegation. Betsy is currently serving on the MEA Board of Direc- tors and is secretary of the local OF.A. She has taught for eighteen years in the Orono School District. Congratulations, Betsy! IISCHOOL. BOARD ELECTION - May 17 ,lFiling hates: April 2 First day to apply for absentee ballot April 4 First day to file for office April 19 Last day to file for office May 16 Last day to apply for absentee ballot May 17 Annual School Board ELECTION DAY Polling Places: *Maple Plain City Hall 7 I4M - 8 PM *Music Room Schumann Flementar: School 7 AM - 8 PM Orono City Hall 7 AM - 8 PM *Designated as easiest access for the handicapped Candidate alifications: 1) 21 or more years of age at beginning of the term of office 2) a citizen of the United States 3) a resident of the school district for 30 .lays previour to the election FRIENDS OF ORONO SCHOOLS You are not too lare!!!I We are still accepting con- tributions for the Orono Education Fund which adminls- tere the Academic Enrichment Fund and the District Scholarship Fund. The donstiona received for the Academic Enrichment Fund give Orono students an extra -dimension to their education by providing such things as: writers' work- shops, artists -in -residence, mannequins for CPR train- ing, Suzuki Orff instruments, photography workshops, along with many other enrichment opportunities. Donations to the District Scholarship Fund will give selected graduating seniors recognition of their achievements and encouragement to further their edu- cation. Your tax deductible contribution can be sent to: Orono Education Fund, 685 Old Crystal bay Road, Long Lake, MN 55356. Please earmark your check for either the Academic Fund or Scholarship Fund. Thanks from Orono students. Orono Education Fund Committee WANTED: HOME FOR SWISS AMITY AIDE FOR 1988-89 The Orono School District is searching for a suitable home for Matthias Kuendig, of Bern, Switzerland for the 1988-89 school year. Matthias is a twenty-three year old teacher who is a Boy Scout leader and volleyball enthu- siast, who enjoys doing handi- crafts during his spare time. He dove not smoke and has a driver's license. He is looking forward to his stay at Orono. Many families in the Orono District have hostrd Amitv Ames and have enjoyel the experience. Hosts for this year are Mr. and Mrs. Carroll Gabriel and f,riily of Maple Plain and Mr and Mrs. Tad Piper of Hamel. If you feel you might be interested In providing Matthias with a hove for one semester, or would like more information, call Bob Neumarn at the high school. 473-5472. NATIONAL SCHOOL. VOLUNTEER DAY Friday, May 6 1s National School Volunteer Day. Orono has a very iedicated group of volunteers from Pre - School screening to Senior High parents giving of their time and talents. The staff of Orono School District wishes to than, all volunteers - you have enriched the lives of many. VoIunteera In L'n-graded heII,ing with art pr,iye(t. R!A11 lar MeetinjL- March 14, 1988 e Approved spring quarter course of:erings fur Orono Early Childhood Family Education. c Approved variance requests for Michael Vukell-h, grade 5, and Barry Espiritu, grade 10, to complete the 1987-88 school year at Westonka Schools. " Granted approval fo- Glenn Sibley, grade 11, to complete his education at Orono Schools. " Approved the appointment of Robert Weeds as part- time custodian at Orono Middle School. * Amended the resolution relating to "smoke -free" schools adopted at the February 8, 1968 meeting to read as follows- That the Board of Education declare the buildings of Orono Schools to be "smoke -free" effective August 29. 1988 for the following reasons in priority order: 1) the health of non-smokers, 2) modeling behavior of individuals within a school setting, 3) concern for the smoker. * Increased the substitute teacher salary schedule from $55 to $60 daily for 1-10 consecutive workdays and from $60 to $70 daily for 11-29 consecutive workdays, commencing with the 1988-89 school year. it vK MINNESOTA DAY it IV Students at Schumann Elementary will be observing Minnesota Day one day early on May 10 at 2:40 p.m. The Student Council will present a short program on the state symbols: the loon, the showy lady slipper, the walleyed pike, the Norway (red) Pine, and the Lake Superior agate. A bali,on release will follow the program. The balloons, in the state :olore of blue and white, will have "Happy Birthday, Minnesota" cards attached. We ask the public to return the cards to the school. The final event of the afternoon will be an ice cream social. Students are asked to be in "old fashioned" dress for the occasion. The public is invited to attend our Minnesota Day festivities. ORONO HIGH STUDENTS NAMED TO DIRECTOR'S LIST AT H.T.I. The following students from Orono High School were named to the Director's List from H.T.I. - Brooklyn Park Campus for the third quarter: Rick Engman Dan Fischer Tom Lowery Bob Strong John Warner Tony Welch Students :,arced to the Director's 1,1st were nominated by their instructor because of their manipulative skill. attenddncefresponsibility/attitude, theoretical under- standing, and technical competence. WINTER CARNIVAL Manv thanks to the well over three hundred parents and teachers who contributed their time and effort to making the February 6 Winter Carnival a roaring suc- .ess! Our proceeds were up from the previous year making a profit of $4,200 for the P.T.A. This mosey will be used to help finance field trips. A) and Sue Landherg Jim and Jackie Anderson Co-ChaIrpot ,ns ORONO SCHOOL CALENDAR AUGUST SEPTEMBER OcTOBER 1 2 3 4 5 Tal 3 4 5 6 7 8 9 101112 (5)� 7 8 9 1011121314 15 16 17 18 19 12 13 14 15 16 1718190901 22 23 24 25 28 19 ?D 2122 23 N 25 26 27 28 jj 26 27 28 29 30 31 NOVEMBER DECEMBER JANUARY 1 2 3 4 1 2 2 Q3 4 5 6 7 8 9 1011 5 6 7 8 9 101112 21 22 23 17 1213141516 23 24 25 26fl 19 20 21 2777 28 29 30 30 31 Vr-BRUARY rMARCH APREL 1 2 3 1 2 3 3 4 5 6 7 :T 67 8 910 87 8 910 10111213fi 13 14 15 16 17 13 14 15 16 17 17 18 19 20 21 2122 23 24 20 2122 ;23 2425262729 27 28 ❑ TEACHER WORKSHOP', i MAY JL'NE G School not is Session i 1 2 3 4 5 2 8 9 101112 5 6 7"��"" � Opening and Closing i 15 16 17 18 19 [ ] Student Attendence 11 ���� 1213141516 3031 1920212223 ; O End of Semester ; DATE ACTIVITY DATE ACTIVITY 8/29-9/2 All Teacher workshop 1/20 Semester Ends I Teacher Wkshp 9/5 Labor Day 2120 Presidents' birthday 9/6 CLASSES BEGIN 3✓8-9 Cont. Day - S.E., I.S., & M.S. 10✓20-21 MEA/MF'r 3110 Cont. Day - S.E. 10/24 Teacher Workshop 3/24-31 Spring Break 11/16 Conference Days- All Schools 4114 Teacher Workshop 11/17-18 Conference Days- Sch. Elem. 5/29 Memorial Day' 11/24-25 Thanksgiving Vac. 8/8 Last Class Day 12f22-1/3 Winter Break 6/9 Teacher Workshop 1/4 Classes resume Activity Calendar District Activites 5/9 Board Meeting - M. S. Vocal Music Room ..........................7:00 p.m. 17 School Board Election ..... 7:00 a.m.-8:00 p.m. Board Meeting - M.S. Vocal Music Room ..........................9:30 p.m. 27 Newsletter Dealine D.O. 30 MEMORIAL DAY - NO SCHOOL 6/9 LAST DAY OF SCHOOL COMMENCEMENT ........................7:30 p.m. 13 Board Meeting - M. S. Vocal Music Room ....................... ..7:00 p.m. Elementary Activities 5/3 Meeting for parents of incoming kindergarteners Schumann Elementary Cafetorivm -Speaker Dr. Harlen Hansen, U. of M.....................7:15 p.m. 5 FREE Cheapskate Party .......... 6:00-8:00 p.m. 10 May Birthday Party Minnesota Day - All -School Celebration .........................2:40 p.m. 13 Scientist -In -Residence 17 Tamarack and Maple Leaves Clubs to Lunch 24 July Birthday Party 6/3 Play Day 9 Last Day of School Intermediate/Middle School Activities_ 5/3 Track Meet vs Minnetonka and Chaska - H..........................3:00 p.m. 6 NO SCHOOL. - Teacher Workshop 10 Track Meet vs Eden Prairie and Brack - H ...........................3:00 p.m. IS/MS Band Concert - H.S. Aud....... 7:30 p.m. 11 IS/MS Band Assembly - M. S. Gym ..... 1:15 p.m. 4th Gr. to H.S. Auditorium for band dem,,natration..................9:30 a.m. 12 Track Meet Relays at Chaska ......... 3:00 p.m. 18 Track Conference Meet at Waconla .... 3:00 p.m. 24 Band registration ..............3:30-6:30 p.m. 26 M.S. Band to Town Square 6/1 M.S. CAPS Day 2 IS/MS Choir Concert - M. S. Gym ..... 7:30 p.m. 3 IS/MS Choir assemblv................ 8:20 a.m. 7 I.S. Reward Day Ni ilt School Activities 512 Baseball at Hutchinson..............4:00 p.m. Softball - Hutchinson - H........... 4:00 p.m. 6AA Band at Edina 3 Boys and Girls Track - Conference Relay,t at Buffal....... I ............ 4:00 p.m. Girls Golf at Mound.................4:00 p.m. Boys Golf at Waconia................4:00 p.m. 4 Baseball at Waconia.................4:00 p.m. Softball - Waconta - H..............4:00 p.m. Tennis at Robbinsdale Cooper ........ 4:00 p.m. Boys Golf at Shakopee_ ............4:00 p.r 5 Tennis at Chaska....................4:00 p.ti 6 Ito School - Teacher Workshop 7 Track - N Tennis at Edina.....................8:30 a.m. 9 Baseball - Mound - H................4:00 p.m. Softball at Mound...................4:00 p.m. Bove golf - N.......................1:15 P.M. Athena Award Lunch 10 Tennis - Mound - N..................4:00 p.m. Boys and Girls Track at Weonio..... 4:(A) p.m. 11 Baseball at Glenc w .................4:00 p.m. Softball - Glentue - H..............4:00 I.e. continued next colu— High School Activities (continued) 5r11 Girls Goll at Hutchinson ............ 3:15 p.m. 12 Tennis at Chaska....................4:00 p.m. Fine Arts Festival..................7:30 p.rr,. G1r1F Goli at Buffalo...............4:00 p.m. Boys Golf it Mound..................4:00 p.m. Boys and G.rla Track-Sections-H..... 4:00 p.m. 13 Junior -Senior Prom..................7:30 p.m. 14 Tennis - Invitational - H........... 4:00 p.m. 16 Baseball - Shakopee - H.............4:00 p.m. Softball at Shakopee................4:00 p.tt. 17 Natio-.al Honor Society and Awards, H.S. Auditorium .....................8:00 p.m. rennts at Hutchinson................4:00 p.m. Boys and GirP# Track-Conference-H... 4:00 p.m. lP Baseball at goffalo.................4:00 p.m. Softball - Buffalo - H..............4:00 p.m. Girls Golf at Waconla...............4:00 p.m. Boys Golf at Buffalo................4:00 p.m. 19 Tennis - Conference -H (19 6 21).... 4:00 p.m. Boys and Girls Track-Conference-H... 4:00 p.m. 20 Baseball at Chaska ............... ..4:00 p.m. Softball - Chaska - H...............4:00 p.m. Girls Golf - H......................3:15 p.m. 23 Tennis - 6AA (23 6 31) Baseball - Hutchinson - H........... 4:00 p.m. Softball - 6AA Girls Golf 'Conference at CFiska.... 10:00 a.m. 24 Boys Golf Conference at Chrika..... 10.00 a.m. Senior Athletic Awards..............7:30 p.m. 25 Softball - 6AA (?6.27) 26 Baseball - 6AA 'track at Mound......................4:00 p.m. 30 Girls Golf - ',AA Track - 6AA 30, June 3 6 4) 6/1 Boys Golf - 6AA 6 Boys and Girls Golf - State (6-9) 7 Softball - State (7-10) 8 Tennis - State (8-11) 9 Commencement ........................7:30 p.m. 10 Track - State (10-11) 14 Baseball - State (16, 17, 18) UMPIRES WANTED! ($10-i15 Per Game) Orono Girl's Softball Association needs students to umpire Monday and Wednesday night games. The season begins to May and runs through mid July. No previous experience is necessary. Please call Jerry Hayes at 476-6920 for more information. IR 5 NE 1 , ♦Ur,M,aTA♦ Kit o„ i, N� Ut t7 l RrR 111 �mOl1/M t 00"OG LARf r 1t •!►2N City of Orono P•O. Box 66 Crystal Bay Wq 553pD MINUTES OF THE SPECIAL MEETING OF THE SCHOOL OF ORONO INDEPENDENT SCHOOL DISTRICT NC. 2 HELD ON APRIL 14, 1988 A special meeting of the School Board of Orono Independent 278 was held on Thursday, April 14, 1988. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor The special meeting was called to order by Chairman McKown at 7:00 a.m. Dr. Mich provided the Board with a written summary of events and options with respect to the facilities problem and the Maple Plain School property. He stated that increasing enrollment plus the expanding demands for facilities due to changing educational programs such as special education programs, computer technology, early childhood education, etc. have caused the current facilities to become inadequate to meet the needs of the students. The Board, over the past two years through the long-range planning process, has been looking at this issue and has considered a variety of options. After study/ir,vestigat ion of these options plus problems/concerns regarding late lease payments from Woods Academy, the Board realized that the return of the Maple Plain School would pro- vide an immediate solution to the district's facilities needs. Dr. Mich further explained that the Board has pursued various options for the purpose of recap- turing the Maple Plain School to no avail, thus the meeting of the Board today to consider the condemnation of the lease with Woods Academy. Attorney Paul Ratwik and his research associate Ann Krisnik, reviewed the proce- dure of condemnation with the Board and answered questions from the Board. The resolution follows: Member (> > 6j--jAjANt) introduced the following Resolution and moved its adoption: RESOLUTION TO IN.LTIiTB EMINENT DOMAIN PROCLZDING FOR THE MAPLE PLAIN ELEMENTARY SCHOOL SITE WHEREAS, Independent School District No. 278 is the owner of an elementary school site l,>nated at 5050 Independerze Street in Maple Plain, Minnesota; and WHEREAS, the School Board determined in 1984 that the School District would lease the building; and WHEREAS, on or about October 31, 1984, the School District entered into a lease with Woods Academy Inc. for the school site commencing May 1, 1985 and continuing until July 31, 1990; and WHEREAS, unanticipated increases in enrollment and requirements for educational programs which did not exist previously have caused a need for a-iditional elementary school space in the School District not anticipated when the lease was originally contemplated; and WHEREAS, the School District wishes to condemn the lease between it and Woods Academy, Ir^. NOW, THEPEFORE, BE IT RESOLVEL by the School Board of Independent School District No. 278 as follows: 1. That the School District administration and the school district attorneys are directed to commence proceedings for condemnation of the lease between the School District and Woods Academy, Inc. 2. That the School District attorneys, on tehalf of the School District, will forward a copy of this Resolution to Woods Academy, Inc. informing it of the School Board's decision and encouraging Woods Academy, Inc. to meet with the School District within is days from the date of this Resolution in order to negotiate termination of the lease. The motion for the adoption of the foreg J ng Tesolution was duly seconded by Member JL)� malll.d and upon vote being taken thereon the following voted in favor thereof: Crosby, Taylor, Maresh, Andersen, Franklin, 4rKown and the following voted against the same: n,,ne whereupor said Resolution was declared duly passed and adopted. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN I, the undersigned, being the duly qualified and acting Clerk of Independent School District No. 278, Orono, hereby certify that the attached and foregoing is a full, true and correct transcript of the minutes of the School Board of Independent School District No. 278, duly called and held on the date therein indicated, so far as such minutes relate to eminent domain proceedings regarding the Maple Plain Elementary School 4'.a, and that the Resolution included therein is a fu41, true and correct copy of the original thereof. WITNESS MY HAND officially as such Clerk this A. day of April, 1988. [;A .i. . _ I_ schoolMerk or the UPON M'JT10N by Lucie Taylor, seconded by John Maresh, the meeting was adjourned at 7:23 a.m. Approved: Dave �, a rmas, DATE: May 9, 1.988 TO: Mark Bernhardsoi,, City Administrator Mayor Grabek and Orono City Council Mayor Smeby and Long Lake City Council FROM: Mel Kilbo, Chief of Police SUBJECT: Commendation On Moy 7, 1988 Ft 9:22 a.m. the Orono Police received a call of a drowning in Smith's Bay. A 65 year old male was operating a small fieiiing boat on Smith's Bay. :apparently the boat hit a wave ana for some reason: the man was erected from the boat without a life preser- ver. A second party on the moat went to shore for help. Officers Bruce Anderson and Mark Thornton responded. They requested assistance from Long Lake Fire Department, Hennepin County Water Patrol and the North Ambulance. Officer Anderson spotted a body floating face down approximately 75 feet from, the dock. Officer Thomton commandeered a boat from parties at the dock. Robert and Patricia Stierna of 1930 Shoreline Drive went with Officer Thomton to the scene. Officer Thomton was able to grab a hold of the victim's belt and held him until Lo,.g Lake Rescue was able to reach the scene. Long Lake Rescue arrived on the scene at 9:29 a.m. and were already organized for the rescue. Firefighter Dan Reed wus wearing a water survival wetsuit. Long Lake fire personnel put a bDat into the water. Firefighters Tim Schoen and Sam RLttinger accompanied Firefighter Reed to the scene where Thomton was holding the victim up. The body was pulled into the fire boat and brought to the dock. Officer Anderson and the firefighters began CPR. Twelve minutes had elapsed from the original call time. Long Lake Firefighters Hank Thompson and Ass't Ch3.ef Cn:. assisted with CPR. Firefighters Jim Cox and Doris Breen rode in the ambulance to assist the paramedics. It should be noted that .t ap- proximately 3:00 p.m. the adult male expired. Officers Thomton and Anderson, remarked to me that they were very impressed with the fast response and preparation of the Long Lake Fire Department this drowning. Their abilities and professionalism should riot go unnoticed. WKSTONKA INTERVENTION COMMUNIQUE A Newsletter for Westonka Intervention Volunteers and their Supporters r; t Issue I ay, 1988 MAY 19 06 u "FOR YEARS 1 HAD FELT THE2F WAS NO HOPE FOR OUR FAMILY. AFTER THE ADVOCATES FROM WESTONKA INTERVENTION CAME OUT TO MY HOME AND SPOKE WITH ME, 1 REALIZED THAT' OUR PROBLEM WAS NOT UNCOMMON AND THAT THERE 1S HELP FOR US. MY PRAYERS HAD FINALLY BEEN ANSWERED." A Westonks Resident FAMILY VIOLENCE: INTERVENTION STRATEGIES From a Publi ^tion of the U. S. Department of Health and Human Services In recent years, family violence has become a topic of major public concern. This has been a gradual process of increasing public awareness that began with the realization, that parents were maltreating their children. More recently, spouse abuse has been recognized by the public as an extensive and serious problem, separate from that of child maltreatment. Violence among family members is a multifaceted problem which is influenced by cultural norms, personal values, and stress factors. Professionals in a variety of social service, medical and mental health fields, and in law enforcement, have a role in assisting families engaged in violent behavior as well as in the prevention of family violence. if professionals are to be successful in these efforts, they must have ari understanding of both family interactions and the larger social context of c.hich families are a part. Violence among family membera falls into a number of categories, including child abuse, spouse abuse, Cabling violence, violence by a child against a parent, and violence against elderly family members. Often several of these types of family violence occur within the same family. Violent incidents in families are usually not isolated events; generally, family violence is intense, recurrent and will continue and possibly escalate unless there is some outside intervention. K FROM THE DIRECTOR In order to better keep our lines of communication open, Westonka Intervention will be publishing a newsletter. This is a very exciting issue, because it is our first! Look it over and please offer any suggestions for the next issue. Your input and ideas are welcome. In February, I was the guest speaker for the Westonka Rotary. Somehow, speaking about domestic violence at a Valentine's Luncheon seemed untimely. Regardless, I received a warm welcome and a good response. The main topic of concern at our February Board meeting vas the upcoming Urban Development Hennepin County Block Grants. The Board Members decided to contact City Council Members and promite Westonka Intervention. Their efforts paid off. In March, the city of Minnetrista voted to give Westonka Intervention $1800.00 and the city of Mound voted to give us $5,300.00 in C.D.H.G. moneys. .also, the city of Orono decided to grant us $1 000 , 00 of these funds to helps us continue our group. Uhat. a wonderful vote of support from our cities! I also received it Great deal of praise from the cities for all of our work. In April I attended, along with other local social service providers, a West Hennepin Human Services community meeting at St. John's Lutheran Church. Statistics were presented to show that Mound has a very high poverty level, which is contributing to our great need for social services in this area. A committee is being set up to develop a plan that will address some of the human service needs in this area. By Val Hessburg Director and Hoard Member of Westonka Intervention WORKING TOGRTHBR MAKRS A DIFFERENCE There are times when it appears like no one cares, no one will listen, and no one will help, especially if you are a victim of domestic abuse. That is why advocates are so vital to the success of Westonka Intervention. Advocates, in many cases, may be the only glimmer of hope victims will experience. Advocates play a major role in offering assistance to those in need. :.dvocates "reach out" to victims, offering guidance and support vhat. restores confidence during times of emotional stress. To be a Westonka intervention advocate is to be a part of a vision that began in 1984, and is even brighter today. People helping people caught up in the cycle of violence. L Westonka Intervention Board of Directors is committed to the continued success of this vital program and thanks the Westonka Intervention volunteers for their dedication. By Craig A. Anderson Chief of Police St. Bonifacius/Minnetrista Police Department Board Member of Westonka Intervention VOLUNTEERS NEEDED Westonka Intervention is always in need of volunteers for all aepects of the project. If you know of someone or have any friends that are interested in helping in any way, please let us know. We are hoping to star: a support group again. if you know of anyone that might benefit from thii, please contact ut— Remember - Get your Contact with lictim Reports to Nancy L. as soon as possible after the incident.! Thank you for your help in this matter. We will be having ail Appreciation Dinner for the volunteers of Westonka Intervention. Tentatively set for the first. weekend in ,'une, we will let you know the specifics at a later date. I am hoping you'll all be able to attend! we really appr•eciatc all your help. Without volunteers, we wou.d not, be where we ar-- today. Thank you! By Sue L. Volunteer Coordinator- of Westonka Intervention s1S PHONE "Westonka intervention. tan I help N'ou?_'_ This is what people hear when the 'y call our daytime crisis phone. 1 pray I'll be Raying the same thing 10 vears from now. We've come a long way and have proven over an(' !r again we are a much needed service. Something very interest.ng has been happ..._..& over the last year. We are not only Kettin,t calls for domestic violence, but people are calling us for -A number of reasons such as rape, teen presnanc,rV, runawaYK, information on welfare, housing, legal aid, etc. These calls are, of c•ourme, referred to the specializing agencies. We also receive an enormous amount of repeat and anonymous telephone calls. Whatever the reason, they express such gratitude for any help we can give them. And my thanks to all of the advocates for seeing to it that I receive the Victim Reports for our files. Following is a log of our Current Victim Statistics from November 1, 1987 through May 6, 1988: Number of Interventions with Victims: Married Women with children 10 Married Women without children 1 Single Womeh with children 7 Single Women without children 2 Married Men with children 0 Married Men without children 0 i 6 Parent and sibling 3 TOTAL INTEhVENTIONS 23 Of these 23 interventions, 20 involved ALCOHOL On our Crisis Telephone, we received: On -going support telephone calls 32 Anonymous calls 7 Miseallan*ous calls (housing, legal aid, welfare, etc.) 18 By Nancy L. Crisis Phone Advocate for Westonka Intervention ;------------------------------------ Editor's !rote: If you have any ideas for our newsletter, please let us know' ----------------------------------- NTBRVBNTION P. O. BOX 34 l ND 1 MINNBSOTA WAYNE O.POPHAM RAYMONo A. NAIK R OGCR W. SC HNOBRICH DE NVCR KAV IMAN PRO A MIN'SN MOLE A.wDOD CN O.MAPC WHIT(NCAD SPRUCED. WILLIS IPEDCRICK S. RICNARDS G. ROBERT JOHNSON GARY R. MACOMOCR ROBCwT S. BURN NUGH V.PLV 11 TT,111 /R(DC PICK C.BROWN THOMAS K. DEMO JAMES R. 3TEILEN JAMES B. LOCKNART ALLEN W.HINDERAKER CLIFFOMO M. GREENE D. WILLIAM KALFMAN MI C H AEL O. FREEMAN HOWAM0 SA MY EMS, IN LAM wY D. E5P[L J ANIC S.MAYCPON THOMAS ).BARRETT POPHAM, HAIK,SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS. MINNFSOTA 55402 JAMES A. PAYNE TELEPHONE D. PANDALL BOIER OMEGOPY G. SCOTT ROSANNE G. 2A'DENWCBER DAVIDA JONES Oil -333-4600 SRIAN N. JOHNSON TIMOT NY W AUCK ROB[RY C. CASTLE• LEE C SNECHY LEES TELECOPIER LAROL 6. SWANS ON 7.I[w[SE M, HANKEL IRECON ALAI 'LESLIE OILLETTE 1331 SIR 2713 SRUCC A. PETERSON ILEMI J'JLI[ A SWEIT2ER DYSONLfC DEDOJULIE OC BO PAN A. DYSON MICHAEL T.NILAN 1381612- 334- 274, THOMAS C.MI[LCNHAVSCN 2ACH(RY M. JONES PO B(oy H. LYNN THOMAS M. SIPKINO S'PAIN(N 1311612-33--2503 MICHAEL O•CHRISTCNSON B[11 SON K. WHITNEY ROBERT C J. MICNACL SC. WART2 KATNRYN M. WALKER TNOM AS ♦.HEL SON TOGO M JOHNSON G[OwG[ J. 50CHA T. OMAS J. RADIO SUITE 2400 Jf.IIR[Y P. CAI0NS SHANE R. KCLLEY OAVID L. NAS HMALL 1200 5(VENTEENTH STREET I J15 P.SMITH SUSAN T WE'S MARK /. T[N (YCK KATHL[(N M, MARTIN DENVCR. COLORADO 60202 1 UCE H. LITTLE MAPI I /ALMA DUANE R. NOCCKEM JOMH C. CH1LD1 C TELEPHONE 303 R03-1200 PUS SELL 5-PONE65A D0"N P. SEATON YMOMA6 [. SAN N CR TC LECOPIER 303-683-218♦ BMYAN L.CMAw►OwD ..CHARD A. KAPLAN MATTHEW C. DAMON BRUCE 6. MCPHEETERS SUIT! 300 SOUTH JOHN w. PROVO OI COUNSEL SCOYT E. wICNT ER 1600 M SYREET,N.W• ELLEN SUE PARKER /RED L.MOwwISON PAUL J. LINSTROTM WASHINOT'JN, D. C. 20036 GREGOPY O. 9000K[w SCOTT A. 5M11N T(LCPNONE 202-626-5300 WILLIAII M. OJILE. JR. TCR RANCE A. COSTELLO OUNALO M. LEWIS TC L[GOPI[w 202-028-5]IB JOS[PN C. VASS ELI2ABCTH A.TNOM VSON K EITH J. HALLELAND DIRECT DIAL NUMBER Bw1AN W.ONM •+DrIrT201N IOwA MARK ■. PETERSON STCVCN A. CNELESNIK •AOHIrr[D 1N ILlIr01w May 11, 1988 rc_ (9c cg od lg I Mr. John NyquistD-I 3 Baldur Park Road '' 1432 i Wayzata, MN 55391 i Re: 41260! Variance Request I Dear Mr. Nyquist: After the meeting on Monday, May 9, 1988, I reviewed my legal advice to the counsel with respect to the number of votes required to grant a variance. I was wrong it the meeting. Only three votes, not four are required for a variance. The motion to table whic`i would have sent the matter back to the Planning Commission is moot, and your request for variance final. The terms of the variance which has been granted will be sent to you by the City staff. I apologize for any problems which my error created. sincerely Thoma J. Barrett 1 TJB/d1b,14736j cc: Mark Bernhardson Members of City Council w utkSNfU eGUMU�a� MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 OW OF MOM Camille D Andre. Res • Albert L Lehman . John E Thomas James R Spenstey • Richard R Miller • Robert 0 Erickson • C Woodrow Love May 16, 1988 TO: Interested Citizens RE: 1987 Annual Report Dear Sir or Madam: rum, j tAu MINKTONNA Enclosed is a copy of the Annual Report of the Minnehaha Creek Watershed District for 1987. Should you have any questions regarding the District's activities, please feel free to contact any member of the Board of Managers. Very truly yours, Camille D. Andre, President Board of Managers Minnehaha Creek Watershed District. rv/27490 AV• �*"� �Eo ors 1'IIIVIVEHAHA CREEK WATERSHED [DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF 114MRS Camille D Andre. Res • Albert L Lehman • JoM E Thomas James R Spunley • Rrdrerd R Mder • Robert D bickson e C Woodrow Love s AMISH U IQUXOAIY 4' LAU MINKTONNa MINNEHAHA CREEK WATERSHED DISTRICT ANNUAL REPORT FOR 1987 MtrIMfSOTI J April, 1988 INTRODUCTION This Annual Report of the Minnehaha Creek Watershed District provides a summary of the major activities of the Board of Managers during 1987. Any person wishing additional information is encouraged to contact any individual manager. THE MANAGERS AND MEETING INFORMATION The Managers of the Minnehaha Creek Watershed District are as follows: Camille D. Andre 10401 Cedar Lake Road Apartment 419 Minnetonka, MN 55343 Robert Erickson 2800 McKenzie Pt. Road Wayzata, MN 55391 Albert L. Lehman 3604 West Sunrise Drive Minnetonka, MN 55345 C. Woodrow Love P. O. Box 524 Excelsior, MN 55331 Richard R. Miller 5340 Hollywood Road Edina, MN 55436 James R. Spensley 5117 Chicago Avenue Minneapolis, MN 55417 .)hn E. Thomas 6326 Smithtown Road Excelsior, MN 55331 The pi -sent officers are: Camille D. Andre President James R. Spensley Vice President John E. Thomas Secretary James R. Spensley Acting Treasurer Term Expires March 8, 1989 Term Expires March 8, 1990 Term Expires March 8, 1991 Term Expires March 8, 1989 Term Expires March 8, 1991 Term Expires March 8, 1990 Term Expires March 8, 1989 During 1987, twelve regular meetings were held by the Managers on the third Thursday of each month at 7:30 p.m. In order to make the meetings of the Managers more accessible to all residents of the District, the Managers meet in odd numbered months at the St. Louis Park City Hall and in even numbered months at the Wayzata City Hall. The Managers exchanged information with other governmental units affected by the programs and policies of the District and honored requests to attend meetings of municipal, county, dnd state officials as well as meetings of interested citizens. The Managers received support and assistance from the Hennepin and Carver Countv Boards of Commissioners through the year which greatly assisted the District in carrying out its programs during 1987. During 1987, the Managers continued to serve in organizations dealing with water resource issues. Former Board President Cochran served as a director of the Minnesota Association of Watershed Districts, and participated on the Water Resources Board's Chapter 509 Advisory Committee as well as the Metropolitan Council's Task Force on Lake Minnetonka. The Board participated in the activities of the Metropolitan Area section of the Minnesota Association of Watershed Districts, and in the deliberations of the annual state-wide meeting of the Association, held December 4 and 5, 1987. The Managers supplied copies of minutes of all meetings and reports to interested citizens and to public officials t:,zoughout the District. Copies of the 1986 report were filed in 1987 with the Minnesota Water Resources Board, the Department of Natural Resources, the Boards of County Commissioners of Hennepin and Carver Counties, and with State Senators and Representatives from the area within the District. APPOINTMENT TO THE BOARD OF MANAGERS On July 16, 1987, the Board acknowledged that Manager Carroll had moved to a new residence outside the current legal boundary of the District, thereby vacating his position on the Board of Managers. On August 20, 1987, the Board acknowledged that Manager Battaglia had moved to a new residence outside of the legal boundary of the District, thereby vacating his seat on the Board. The Hennepin County Board of Commissioners appointed Robert D. Erickson and C. Woodrow Love to fill these two vacancies. Manager Erickson took the oath of office en November 19, 1987, and Manager Love took the oath of office on December 17, 1987. PERMIT APPLICATIONS The District received 235 permit applications during 1987. In each instance, each proposed project was reviewed in detail for compliance with the District's rules. Applications were received for projects such as dredging, floodplain and wetland alteration, shoreline improvements, stream and lake crossings, -2- preliminary plat review, and stormwater management plans for site development. Prior to action on the applications, the District .taff spent considerable effort with city staff and/or applicants to bring some of the proposed projects into compliance with District rules. A summary of the permits is attached to this )eport sh,)wing the project location and type of application received. As in previous years, a large majority of the applications received were from the Lake Minnetonka portion of the watershed district, reflecting the continuinc, urbanization of that area of the watershed district. All permits issued by the District require complianc,�- with applicable municipal ordinances and, if the permit involves Lake Minnetonka, the applicable ordinances of the Lake Minnetonka Conservation District. In addition, permits issued by the watershed district require compliance with any applicable rules of the Minnesota Department of Natural Resources. The Board of Managers also took action as neces6ary regarding complaints, permit violations, and activitie3 which had been undertaken without a permit from the District. HYDROLOGIC DATA COLLECTION The District's hydrologic data collection program was continued during 1987. The data for 1986 was published in the Annual Hydrological Data Report on April 19, 1987. This is a comprehensive program, which, along with data from other agencies, has formed a long-term data bank for uae in managing the water resources of the District, particularly Lake Minnetonka and the Minneapolis city lakes. Copses of this report were submitted to the Minnesota Water Resources Board, the Metropolitan Council, the Minnesota, Pollution Control Agency, the Department of Natural Resources, the Freshwater Biological Institute, and local government off=:ials, citizens' groups, and interested citizens. The 1986 data shows that precipitation for 1986 was above normal for the fifth 7onsecutive year, and from March to late October, there was a c3ntinuous discharge of water at the Gray's Bay Headwater Control `structure ranging from 2-285 cubic feet per second. No major chi:tges in water quality occurred during 1986 in Lake Minnetonka, and stream quality in the District also remained essentia'i unchanged from the prior year. HEADWATERS DAM AND CONTROL STRUCT1,R, 'GRAY'S BAY) AND LAKE MINNETONKA ELEVATIONS/MINNEHAHA CRL LOWS During 1987, the District ope: i the Headwaters Control Structure at Gray's Bay under the M 4ement policy and operational plan as reapproved by ..L%partment of Natural Resources in M:_3rch, 198i_ 3 Due to exceptionally low precipitation during the winter and spring of 1987, and abnormally dry conditions throughout the summer (with the exception of the July 23-24, 1987 storm event discussed below), the level of Lake Minnetonka remained low and the control structure remained closed throughout the year. Lake Minnetonka reached a low of 921.43 on July 16, and a high elevation of 928.79 on August 19. Despite two severe rainfall events in July, 1987, no discharge from the control structure occurred because of the pre-existing lake level. Substantial flooding along the Minnehaha Creek was nonetheless reported as a result of the rainstorm on July 23, 1987. Manager Andre and the Engineer attended a special meeting of south Mirrr,capolis residents to discuss the flooding along the Minnehaha Creek due to the Jily storms. The Hea6waters Control Structure was closed for the winter season on November 16, 1987. Due to low precipitation in the latter portion of the Summer and in the fall, the La:,e Minnetonka elevation had fallen tc 928.O4 on November 16, compared to the target elevation of 923.6 established under the DistricL's management policy for the control strl�cture. Also during 1987, the District investigated the accuracy of the lake level recorder at Highr,ay 101 in response to a citizen's inquiry. After a preliminary analysis, the District staff discovered that the lake, level recorder read high by 0.22 feet, and notified the Minnesota Department of Natural Resources, Hennepin County, and the United States Geological Survey. ThE- United States Geological Survey then contracted with the District to re-establish the elevation of the Highway 101 lake level recorder using three separato benchmarks. The DNR reported to the District that neither the Ordinary High Water level nor the prior fixed crest dam at the Gray's Bay Control Structure are Affected by this adjustment. The Managers continued to rely heavily upon participation of each of the municipalities on Minnehaha Creek in recording creek elevations and flows and reporting that data to the District. The District prepared monthly summaries of this data and made the summaries available to interested municipalities anJ citizens. The assistance of eacl. of the municipalities is invaluable to the District in mak'ng the necessary operational adjustments to accomplish the mrrnagemen` objectives of the H,adwaters Control Str.:*•.,re. WATERSHED MANAGEMENT PLANKIN(;: CHAPTER 509 The District comr-)leted the task of developing the Chapter 509 Surface Water Management Plan in 1987. The computerize-1 hydrologic analysis shows that the flow from the upper watershed entering the Minnehaha Creek through the Gray's Bay Control. Struc►.ure is not the primary cause of downstream flooding, but rather stormwater runoff from downstream land areas. Downstream flooding and water quality control will remain priori y concerns for the District. The District completed its draft of the 509 plan including the Capital Improvement Program. The District held several special meetings to review the draft of the 509 plan, as well as technical advisory committee meetings with municipal representatives. The draft 509 plan was circulated to municipalities for review and comment on September 25, 1987. At its December meeting, the Board of :Managers elected to extend the review and comment period for an additional thirty days while maintaining the established schedule to complete the review process. The District bevan meetings with Hennepin County to discuss the financing of the Capital Improvement Program. ST. LOUIS PARK REILLY TAR REMEDIAL ACTION PLAN Manager Spensley met in late 1987 with representatives from the U.S. Environmental Protection Agency, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, and the City of St. Louis Part: regarding the Reilly Tar Remedial Action Plan. The Plar. includes u-e of a gradient control well to pump water from the aquifer. The District participated in the discussion of alternatives of pumping the discharge from the gradient control wells to Bass Lake, into the City of Minneapolis chain of lakes, or into a second pu^►p station and then into the Minnehaha Creek. Following several meetings, the District resolved to recommend discharge into the City of Minneapolis chain of lakes, and will continue to participate in these discussions during 1988. BOUNDARY AMENDMENTS On June 18, 1987, the District approved a petition to amend the boundary between the Minnehaha Creel; Watershed District and the Nine Mile Creek Watershed District at the area east of Dearborn Street and north of Belmore La.►e in the City of Edina. The Water Resources Board ordered this i ea to be i:►cluded within the legal and hydrologic boundary for the Minnehaha Creek Watershed District on September 8, 1987. ADOPTION OF REVISED DISTRICT POLICY CONCERNING DREDGING PERMITS On June 18, 1987, the District Board of Managers approved resolution to permiL dredging in limited circumstances without prior Board approval. Following a review of the issues and procedures concerning dredging permits, the Board authorized the District Engineer from June 18, 1987 until October 1, 1987 to issue dredging permits for commercial and residential properties without prior Board approval if the application meets all applicable criteria of the District's rules, and in addition, meel.s all of the following sta,.dards: 1. Any required DNR permit where approval has been issued; 2. The purpose of the dredging is to 'aintain a depth of water necessary for navigati -1 access; 3. The v':lL if dredged material to be removed does not exceed 10% of the volume removed under the most recent DNR or Minnehaha Creek Watershed District dredging permit issued for the site and the area to be dredged does not exceed 10% of the area most recently dredged :ender such a permit. The Engineer may allow dredging exceeding these percentages where necessary for reasonable navigational access if such dredging retresents the minimal impact solution; and Approvals granted under this resolution shall be reported to the Board of Managers at the next regular meetiny following the Engineer's approval. A,�provals under this resolution are to be issued only once for a s3ecific site. MINNE%AHA CREEK EROSION PROTECTION During 1967, the District shared in the cost of erosion protection improvements along the banks of Minnehaha Creek between Lake Nokomis and Lake Hi 4atha. The District's assistar:ce came through the Water Maintena-�ce and Repair Fund. The improvements were constructed by the Minneapolis Park and Recreation Board. -6 DRAINAGE PROJECT AT GLEN ROAD AND COUNTRY ROAD 19 At the request of the City of Shorewood and the Village of Tonka Bay, the District initiated a series of meetings with the municipalities to explore alternatives to remedy a persistent drainage problem at the intersection of Glen Road and County Road 19. Work on this project will continue into 1988. 1968 BUDGET As required by law, the Managers held a duly noticed public hearing on September 15, 1987 concerning proposed budgets for the District's Administrative Fund, Water Maintenance and Repair Fund, and Survey and Data Acquisition Fund. Following the public hearing, the Managers adopted budgets for 1968 for these funds and certified tax levies to Hennepin and Carver Counties for collection. FINANCIAL RECORDS The financial records of the District are kept by a certified public accountant. All financial transactions are recorded in the minutes of its meetings. The Treasurer of the District maintained separate records for the following four funds in 1987: (1) the Administrative Fund; (21 the Management Planning Fund; (3) the Water laintenance and Repair Fund; an-' (4) the Survey and Data AcquisO an Fund. Records for each of these funds include the dates ar: 4mounts of all expenditures, the names of individuals receiving tym,!nt, and the purposes for which payment is made. The official depository for the District is the Wayzata State Bank, Wayzata, Minnesota. During 1987, the financial records of the Dist►,ct were audited for the year 1986 and a copy of the audit was filed with the State Auditor for the State of Minnesota in April, 1987. 25790 Respectfully submitted, Camille D. Andre, President Board of Managers of the Minnehahs Creek watershed District -7- 1987 PERMIT APPLICATIONS MUNICIRU TY TYPE OF PERMIT B C D E F 6 TOTAL Lr1AN}1ASSEN 5--== _�...,r------ --- -- ;--r-- ---b -- DEEPHAVEN ED 1 I 10 ( 10 EXCELSIOR 1 GOLDEN VALLEY GREENWOOD 1 HOPKINS INDEPENDENCE LArITOWN TWP. LOP1v L WE 3 MAPLE PLAIN MEDINA 4 1 M I NNETOWA 22 1 MINNEAPOLIS 2 MINNETO,WA BEACH MINNETRISTA MOUND 4 1 ORONO I 5 3 PLYMOUTH I0 R I CHF I E:.D 1 1 ST. BONIFACIUS ST. LOUIS PARK 8 1 j D 7 SPRING PARK 1 TOWA BAY 2 �1CfORIA 2 bAYZATA 7 IdOC:llllmzv 1 TOTAL PERMITS 8F 9 PERMIT APPLICATION CATEGORI. B STORMdATER MAW Cs FLOODPLAIN ALTE D= WETLAND ALTERAT 1 3 1 1 6 1 1 2 27 2 1 3 4 4 6 4 14 7 14 21 15 16 39 10 2 0 1 2 12 1 6 16 1 2 4 2 7 11 1 1 4 1 5 4 17 8 53 79 235 GEMENT PLANS E= DREDGING RATION Fs SHWU NE IMPROVEMENT ION 6s STREAM AND LAKE CROWING