HomeMy WebLinkAbout07-25-1988 - Agenda Packet City Council - regular meetingAGENDA FOR COUNCIL MEETING SET FOR MO" ',' JULY 25, 1988, 7:09 P.M.
(*) Asterisk items are considered to be L�.utine items to be enacted upon by
one motion by the City Counci 1 under the Consent Item* on the agenda.
Discussion will be held upon request. Memos regarding each of the
Agenda items ace available in the Public Packet which may be obtained
upon request from the Recordp .
ROLL CALL
1. CONSENT AGENDA* JA 62
EMPLOYEE RECOGNITION - Tore Kuehn rIY Ut
APPROVAL OF MINUTES
* 2. Regular Mee'.:inq of July 11, 1968
LAKE MINNETONKA CONSERVATION DISTRICT REPORT - JuEllen Hurr Representative
PLANNING COMMISSION COMMENTS
PUBLIC COMMENTS - (Limit 5 Minutes Per Person)
ZONING ADMINISTRATOR'S REPORT
3. #1025 Ed Henrich, 4115 Highwood Road - Variance
* 4. #1128 Rainey Anderson, 780 Old Crystal Bay Road South - Final
Subdivision Approval - Resolution
5. #1207 Gene Scanlon, 2815 Casco Point Road - Variance - Resolution
6. #1280 Wendy Weihe, 1376 Baldur Park Road - Variance - Resolution
7. #1291 Alfred Iverson - 2835 Casco Point Road - Variance - Resoltuion
8. f1397 Doug Merz, 3195 Watertown Road - Variance - Resolution
9. 11308 Robert Owens, 1700 Bohns Point Road - Var:ance - Resolution
*10. Big Island Board of Governors - Request to Extend Temporary Conditional
Use Permit for Work Crews
11. Sign Ordinance
ENGINEER'S REPORT
12. Feasibility Study - Lifr Station #10
MAYOR'S REPORT
13. Council Candidate Appointment - Resolution.
14. Orono/Long Lake Discussion
CITY ADMINISTRATOR'S REPORT
15. Woodhill Avenue Road Construction
16. Support for Minnetrista - Lake Minnetonka Regional Park
17. Water Conservation Regulations and Guidelines
17A. Boulevard Restoration - County Road 15
*18. Bohns Point Feasibility
*19. Compensation Adjustment - Michael Gaffron
*20. Compensation Adjustment - Thomas Jacobs
*20A. - ompensation Adjustment - Sue Bobzien
*21. Part Time Officer - Jam*-3 Morrow
*22. Additional Depository - Resolution
*23. Strategic Goal Setting - August 3, 1988, 7:00 P.M.
*24. Summary of Ordinance for Publication - Private Improvemert
*25. 1987 Financial. Report Publication Summary
*26. Resolution of Recognition
*27. Amendment to the Liquor Ordinance - Underage Consumption
AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 25, 1988, 7:06 P.N.
CITY ADMINISTRATOR'S REPORT Continued
*28. Administrator's Information
Master Planning - Navarre Area
Ftighwood Storm Sewer
1535 Bohn's Point Road
3536 Lyric
1420 Bohn's Point
Councilmember Net Pay Chancre
Livingston Tower Park Sculpture
County 15 Progress Report
CITY ATTORNEY'S REPORT
LICENSES (29*)
BILLS (30*)
ADJOURNMENT
COUNCIL WETING
JUI- 52 jqs;�
CITY OF OROK,
Cie
Z ..�., �
To: Mayor Grabek & Orono Council Members c_,_ 4 f `!9
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 7, 1988
Subject: #1025 Edward R. Henrich, 4115 Highwood Road -
Variance
List of Exhibits -
Exhitit A - Staff Exhibits Presented at Meeting of 6/27/88
Exhibit B - Memorandum Presented by Applicant's Attorney at 6/27/88
Meeting
Exhibit C - Memo of Support For Council by Council Member Wm Sime
Dated 6/27/88
Exhibit D - 1988 Tax Information Comparing Halverson & Henrich Lots
PLEASE REFER TO THE MEMO OF JUNE 23RDr 1960 AND ITS ATTACHED EXHIBITS WHICH
WERE IN YOUR JUNE 27TH PACKET.
Discussion -
Please review the memo and exhibits that were in your June 27th, 1988
Council packet. This item was tabled at your June 27th meeting lending the
City Attorney's review of the legal aspects of whether a sewer assessment
dictates the buildability of a lot. As of this writinq, his comments have
not been received.
Additionally, staff has done additional research in an attempt to shed
additional light on specific issues brought up by the applicant's attorney
at your last meeting, as follows:
1. Applicant's attuLney suggests that the City has allowed
substantial. hardcover variances in the Highwood neighborhood in
contemporary times and that allowing such a variance for Henrich would
be consistent with such approvals. Reviewing the 24 developed
properties on Highwood Road, Mr. Henrich's application is only the 94.E
variance application on Highwood Road since 1975. Of the other eight:
1 was a rip -rap permit; 2 were withdrawn; 1 wag to replace a garage
and was never used; 4 were for replacement of garages or minor
additions or remodelings of existing houses.
Of these 4: 2 of the application files have no mention of hardcover
percentage; 1 at 4149 Highwood Road was allowed 40.8% in the 75-250'
zone; 1 at 4075 Highwood Road was allowed 35.9% in the 75-250' zone.
The principal difference between these approved variances and the
Henrich application is that the variances approved were minor
increases of hardcover for existing developed properties.
Zoning File 01025
July 7, 1988
Page 2 of 3
2. Applicant's attorney continues to contend that the sewer
assessment is a legitimate and compelling basis for declaring the lot
buildable. Notwithstanding the City Attorney's legal opinion on this
matter, staff has reviewed the history of lot area variance
applications since January 1st, 1982, finding that there have been 38
such applications in the LR-lB and LR-1C sewered zoning districts
within the City. Of those 38, 31 were approved, 4 were denied, 2 were
denied by Planning Commission and then withdrawn by the applicant, and
1 was denied and then reversed by an out -of -court settlement with the
app 1 icant. Further, of the 31 approved: 30 had been assessed for a
full sewer unit or had paid the sewer assessment upon approval of
buildability, 1 had not been assessed a sewer unit.
Of 4 that were denied outright: 2 had paid a full sewer unit, 1 had
paid a 1/2 sewer unit, 1 had paid a full sewer unit which had been
abated prior to the denial.
Of 2 denied by Planning Commission, then withdrawn by applicant: 1
had laid a full unit, 1 - the overturned denial had not paid a sewer
unit assessment nor been assessed for sewer.
Based on the above, it appears that the City has not hesitated to deny
buildability when sewer has Seen assessed bud other factors over -ride.
Also, of all lot area variances applied `o: since January 1st, 1982,
only 5 have requested buildability on lots smaller than that of
Henrich. All 5 of these had paid a partial or full sewer assessment.
3 of the 5 were denied, 1 of those with a previous house on it. Two
of the 5 with previous houses, were approved, 1 lakeshore, 1 not, both
in LR-IC.
3. The applicant's attorney suggested that the re -zoning of this
property to 1 a.-e may not have been realistic given the high degree
of develotment on smaller lots at the time it was zoned for 1 acre.
Given that the smallest zoning district in the Citi is for 1/2 acre,
the questicn to be answered is "How many more lots in the Highwood
neighborhood, or in the LR-1B for that matter, would become conforming
if the area was rezoned to 1/2 acre?" Based on information from the
1984 common ownership survey, currently only 32% of the developed lots
in LP-lB meet the 1 acre lot si ze minimum. If al l of LR-1B was
rezoned to LR-1C, 1/2 acre, 66% of the LR-lB lots would be conforming.
4. Again, be reminded that applicant bought the property in 1953, and
it was substandard at the time he bought it. The township of Orono
required 15,000 s.f. minimum buildable lot as early as 1950. For
applicant to rebuild on 'he prnperty after removing the structure that
had previously existed, applicant would have needed a variance since
the day he purchased the property.
Zoning File #1025
July 7, 1988
Page 3 of 3
5. Applicant's attorney suggested that the only other property in the
neighborhood and within the LR-1P district that is uniquely similar to
Henrich's is that secondary lot owned by Merle Halverson on Highwood
Road, just a few doors to the west of Henrich. Halverson owns a
separate tax parcel next to his homestead parcel that includes a cabin
structure that has a market value of $2,000 placed on it by the City
Assessor, and a land market value of $35,000 with about 0.25 acres in
area or about 30• larger than the Henrich lot. The Assessor, Rolf
Erickson, has told staff that if Henrich's lot had been considered as
a separate buildable lot, it would have been &signed a market value
for the land alone between $35,000 and $50,000. However, Henrich's
Lot 19 has (for 19P9) been assessed a taxable market of $20,000.
Clearly Henrich has not been paying the same amount of taxes on this
property that he would have, had it been assessed as a buildable lot.
Staff Roca =endation -
Presuming that the City Attorney's opinion will be forthcoming prior
to your receipt of this memo, please review that opinion. Staff would
request that Council review the Froposed findings in the conceptual
resolution for denial presented in your last packet. If Council finds on
the other hand, that approval is in order, then Council should direct staff
to draft a resolution of approval for your next meeting, and Council should
suggest specific supportive findings for such approval.
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D. SO Ac .
LR-IC Lot Area Variance Actions 1980-87
0
Existing VAAI"'C'
House on
Name Address Property Approved Denied Date Area
Mertes ��'%—Casco Cr No X 2 9 87 16,748 231/9
Belden/ �'3598 No Shore Dr Yes X 6/23/86 5,300 `,„•,
Meline
Pembertotf 3580 No Shore-p r Yes X 1/13/86 11,130
Hedlund 39-94 No Shore Dr NO X 9,532 -f'6
Ba: th/ tl,@QO ShaaYwo_-R3' No X 1/14/85 15,100 3! "•
Johnstone
Ulku �14.16_.@aldur HP d Yes X 2/13/84 10,100 .5
Williams �_32 Fagerness Pt R~'Ye, X 8/13/P4 6,327 71%
Nunr.ally ('3844 Cherry Av-ee1 Yes X 2/21/84 11,296 4�`:
Bu•nevik 3640 Northern Ave Yes X 12/19/83 7,500 "y-
G'.over 3036. Casco Pt Rd No (WrrN,ar•s�) 7,868 S'W%:
Lorge 2697 Casco Pt Rd'1 No X 1983 191�00 l:`a
L------ _ (by Court Settlement)
Home Blds 3 545 Ivy P1 No X 1/10/83 10,000 A.
of wc-yza'a _ - 'l.
Posnick '1396 Baldur Pk Rd) Yes X 8/15/83 _2,870
(No others back to January 1, 1980 i.n IR-lC)
Summary
Denied 5,300, 9,532; 7,868; 10,000
HS Vac Vac Vac
F,pproved 16,746; 11,130; 15,100; 10,100; 6,327;
Vac HS Vac HS HS
11,296; 7,500; 19,500; 12,670
[is HS Vac I1S
PATTERN: Vacant lots 10,000 s.f. or less have generally been denied;
vacant lots 15,000 s.f. or greater have generally teen approved.
Substandard lots with exist.ing he uses have generally been approved,
except in the o•.e case of an unusually small lot on which the existing
building was deemed hazarc.ous and the access was directly to a hEavily
traveled County road (359f, North Shore Drive).
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(1.0 A t .*)
LR-lh LOT AREA VARIANCES i982 - 1987
A. Granted:
10-87 Kar3lan
9-87 Kost
3-87 Lange
9-86/11-67 Maxfield
6-86 Glesne
4-86/9-84 Clifford
8-84 Howells
4-84 Smiley
4-84 Brockopp
4-84/10-81 Haapala
9-83 Caples
8-83 Bloms
3-663 Hommeyer
6-82/3-87 Langhans
B. Denied:
4-85 Hedlund
2-84 Fisk
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2695
Kelly Ave.
0.19
acre
G'.•
4760
Tonkaview
0.58
acre
N D
4160
Forest Lake Dr.
0.45
acre
N�'
4175
North Shore Dr.
0.46
acre
qx
1475
Cherry Place
0.64
acre
4760
North Shore Dr.
0.39
acre
t D
GI•
1448
Park Dr.
0.60
acre
r.;o
2720
Pheasant Rd.
0.60
acre
YC 5
407,
993 Wildhurst
0.40
acre
YCS
60'
4015
Dahl Rd.
0.39
acre
No
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4798
North Shore Dr.
0.42
acre
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4195
Forest Lake Dr.
0.39
acre
NO
477
Park Lane
0.52
acre
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1374
past Point Rd.
0.63
acre
'AJu
3-7`/,
3990
North Shore Dr.
0.22
acre
ti;0
493
Park Lane
0.25
acre
No
C. Granted, but never used (Expired)_:_
11-83 Munse11 4100 Nord,. Shore Dr. 0.23 acre ^1D
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MFMORANDUM
TO: Orono City Council
DATED: .dune 27, 1988
RE: APPLICATION OF EDWARD R. HLNRICH
4115 Highwood Road
No. 1025
Ladies and Gentleiner :
This memo is presented as an outline of the position of
applicant, and with the request that it be reviewed and made part
of the official record in this hearing.
FACTUAL BACKGROUND.
Applicant requests necessary variances to construct a
dwelling on a pre -exiting lot of record located ir. the Highwood
Lake Subdivision. The lot in question contains 50 feet of
frontage on Lake Minnetonka and an area of .0193 acres. The lot
has a sewer connection and has been assessed for one full sewer
unit. The lot is located on Highwood Road. There are 12 parcels
located on Highwood P.oad, excluding the parcel owned by
applicant, of w',ich 9 are .25 of an acre or smaller; one is .34
of an acre, and two are cheater than 5/10ths of an acre.
Applicant has Presented substantial documentation to the Planning
Commission and staff, in,-luding physicians' statements supporting
the fact that he is medically restric,ed from activities
necessary to the continued maintenance of his present dwelling.
Mr. Henrich's request is to allow const---uction of a smaller
residence and ultimately the sale of the gain residence to
applicent's adult child to allow necessary maintenance and
medical assistance.
I. THE CITY STAFF RECOMMENDATION FOR DENIAL Bi�SED ON THE "SPIiT
AND INTENT OF 1HE LR-lB ZONING DISTRICT IS NOT SUPPORTED EY
FACTS.
The staff in its recommendation places emphasis on the fact
that the neighorhood is densely populated. The staff has assumed
that. the intent oLP.-lB Zoning District is to provide a density n
greater than 1 dwelling per acre. The City of Orono, however,
has rountinely granted variances to properties located in LR-1B
zones. During the five year period from 1982 to 1987 for
example, 17 such variances were granted while only 2 were denied.
Of particular significance is the fact that the city of Orono,
based on information provided by the Assistant Zoning
Administrator has NEVER DENIED RU_IL_DDAA�BILIT_Y TO A LOT ON WHICH A
SEWER CONNECTION WAS AVAILADLE AND WHICH HAS PAID A FULL SEWER
ASSS::SSMENT_. Of aimMar signs ieance is the act that of the 190
ota-zoned LR 18, only 111 (28%) are equ31 to cheater tt,an 1 acre
and over half of the lots with this zonin4 (197) are SMALLER
THAN 6/10ths OF AN ACRE. It is clear frum looking at thosQ
numbers that a.l.though the .lesignati,n of do one acre minimum Iot
size might be justified as : L'P!IlLable standard, the imposition
of this zoning category ,.n over half of the lots presently so
zoned, does not conform to .ong established use, and the
applica;ion of the present ordinance does not support a "spirit
or intent" of one acre parcels.
An analysis of er-licant's immediate neighborhood shows a
smiliar pattern. 75f if the lakeshore lots on Highwood Road
(exclusive of applicants property) are less than 26/100ths of a-i
of Clone equals 1 acre and only 8% (1 out of 12) is as lar�je
as 6/10ths of an acre. An analysis of alt properties located on
Highwood Road yields an even greater disparity. Of the 24
properties in this category, none is equal or greater than one
acre; one is equal to or greater than 8/10ths of an acre; one is
between 6/10ths and 8/10ths of an acre and the remaining 22 are
less than 6/10ths of an acrc.
2. THE STAFF POINTS OUT THAT THE GRANTING OF THE REQUESTED
VARIANCE FOR LOT AREA A%D LOT WIDTH WOULD LEAD TO REQUESTS FOR
ADDITIONAL VARIANCES FOR AVERAGE LAKESHORF SETBACK AND ALSO F'JR
HARDCOVER REQUIREMENTS.
The proposed dwelling wou)d in fact lead to a request for
average lakeshore setback. Tr reviewing this request, however,
it should be noted that the proposed location is consistent with,
and on line with, virtually all other residences un Highwood
Road, with the exception of the adjacent property owned by Mr.
George t.pplebaum located at 4109 Highwood Road. The property at
that address is a non -conforming structure which predates the
existing building ordinance. The dwelling built on that lot has
an extreme setback from the lake, and in fact does not meet the
road setback requirements of the ordinance. Mr. Applebaum has
reviewed and discussed the proposed construction with Mr.
Nenrich, a:;d has made a written statement to the City seating no
objection to the plans, and indeed acknowledges that it is the
location of his dwelling which is the cause of the problem.
With regard to the assertica that hardzover variances would
be requested, this is pure speculation on the part of the staff.
The proposed plans are within the restrictions and the 75 to 250
foot section of the lot. In the 0 to 75 foot segment there are
existing improvements which are non -conforming structures.
Applit-ant has indicated to staff, and is willing to stipulate
that iL- the present variance requests are approved, he will
re.anascape the property in the 0 to 75 foot area, removing all
unnecessary hard cover and terracing tte property to prevent any
surface water from running off and polluting the lake.
1. THE STAFF INDICATED THAT' IN ITS OPINION GRANTING THIS
VARIA"ICE WILL "ULTIMATELY HAVE A NEGATIVE: IMPACT ON THE CHARACTFR
OF THE 0E IGHBORHOOD AND THE CHARACTF;R OF THE QUALITY OF THE WATFR
OF LAKE MINNETONKA.
There is no evidence to support this assertion. An analysis
of the lot size data provided by the City, and referred to above
indicates that applicant's proposal is totally consistent with
the neighborhood. Indeed, a review of all the properties in the
City on North Arm Bay indicates that this is an area which has
been used for high density single family residences for close to
half a century. In addition, `here are no other potential
building sites on Eighwood Road which have sewer connections and
have paid sewer assessments, and which are not presently
developed. The history of this neighborhood is that the City has
allowed substantial renovation and rebuilding on lots which are
essentially the same as applicant's, and have routinely granted
variances to accommodate such construction.
As indicated above, any effect or the quality of Lake
Minnetonka as a result of applicant's ,)roposal would be positive.
The relandscaping of applicants properties would remove
hardcover in the 0 to 75 foot zone where run off effects lake
quality most substantially.
4. THE STAFF ASSSERTS THAT THE PARCEL PPESENTLY HAS SOME USE AS
A SIDE YARD TO AN EXISTING D'ELLING.
This position ignores. the very fundamental reclty that
historically the lot in question has been used as a separate
building lot, and indeed the City has classified it as such ir,
imposinc, a full sewer assessment to the property. The City has
always treal-ed the parcel as a separate tax parcel, and at no
time suggested to Mr. Henrich that the removal of the residence
previously located on the parcel would change the character of
the lot in question as a separate building parcel. Having
benefitted from its treatment of the parcel in question as a
separate huilding site, the City should not now attempt to assert
that Mr. Henrich has an adequate use for the property as a non -
building site
5. THE CITY'S REFUSAL TO GRANT THIS VARIANCE MOULD BE AN
ARIBTRARY AND CAPRICIOUS ACT.
An analysis of the past history of variance requests in the
City of Orono indicates that minimum lot size and lot width
variances are routinely granted. Indeed in the LR-IB District
only 2 such requests hcive been denied. The City hks arbitrariiy
assigneri in excess of two-thirds of the lots in the LR-lB
Districts to that cate(;,)ry in spite of the fact that only 111 of
390 such lots ale equal to or greater than cne acre in size.
When faced with variance requests on those lots which are of
substandard size, the City has consistently and overwhelmingly
approved the requests and has ennsistenly held that the existence
of a sewer hookup and payment of a full sewer assessment is
determinative of buildability. Indeed, information provided by
the City staff and statements made by Assistant 7.oninq Dire-`-r,
-3-
Mike Gaffron, indicates that the City has not previously denied
buildability in any similar sewer situation, and that the
granting of variances in the present case would not set advicerse
precedent. The number of similar lots which are undeveloped, and
therefore potential building sites, if any, is negligible. In
short, there is no rational basis upon which the present
application can be denied, and to do so might well subject the
City to an action for both an injunction and money damages. We
respectfully request that the City avoid this type of unpleasant
litigation and approve applicant's request.
Sinc,�Xely,
George C. MacDonald
Attorney for Applicant
-4-
s-
June 27, 1988 Mr. Ed Henrich, 4115 Highwood Road - Variance request.
I believe that the Orono Council should grant the variances requested by Mr.
Henrich for the following reasons.
1. Mr. Henrich has a legally platted lot which he has owned in good faith for
many yeas.
7. This lot had a home on it previously, which was destroyed.
3. The lot in question was assessed a separate sewer-sai4pair charge by Orono,
which has been paid. This indicates Orono felt this to be a buildable lot.
To quote our staff in a writter, memo dated 5/iB/87, " S y f o r c i n g
paymnsnt of an assessment , 1 t can be
argued that the C i ty haci recogn i wed
Lot 19 as a separate azici ae 1 r-
suf r is ient Lot , s+hich must rece 3.ve m
v a r 1 an c e a s a non — c o n i o r mD i n g u s e-
4. Orono changed its lot size requirements in the area some time after this lot
was legally platted. This action would affect new plattings, but should not
alter the usability of an existing lot.
5. More recently, our previous council recognized the legal rights of an owner
of a similar legal but small lot for Inky Johnstone on Snadywood Road. In my
opinion, the previous council set a precedent by permitting a hose to be
built on this lot. Therefore, in order to be consistent, this council should
approve this request. To do otherwise would be discriminatory.
6. Beyond what I feel our moral obligation is to treat all of our citizens
justly and fairly, it would appear that we have historical evidence that to
deny this request will cost the taxpayers of Orono a great deal of money.
It is probable that the City of Orono will be overruled in court, if we
tr> to deny this landowner his right to build on this legal lot.
(:.urge case, Smiley case, what other r"^s ')
by William Sine
NENNEPIN COUNTY
PROPERTY IhFGhMATION SYSTEM
REPCRT NO. P1433401
R:Fi DATE 01/2B/Ad
19" TAX COOV
L
38
ORONO
ESCROW NAME/ADDRESS
1CREAGE SCH WTR SEW PROPERTY ADDRESS SN T6? RG GO SUFX
TAXPAYER NAME/AOMESS
DST S3D DST
M TES At.D BOUtMS
"HIGHWOOD LAKE MIN71ETOt11(A"
024 42300 2200 07-117-23 44 00Z0
MERLIN l NAlWER50N
000.00 277 3 4167
HIGHNOOO RD
MERLIN L HALVERSON
STATUS: CURRENT
4175 HIGH:.00D RD
SEC-H:15T0 REF ID 07-117-23 44 0021 COtiSTFUC7ICN YEAR
N,U ;7 M4 553�4
TAXABLE MARKET 37400
QUALIFYING AMT 1,032.67 DIVISION NO
EARLIEST DELL YR - 81
TAXABLE ASSESS) 9.510
FD SHAPED ASSD
DIVISION DATE
DENTAL TAX
FO AREA RATE
.000 SEE ID S
COMPOSITE JUDGEMENT NUMBER 23591
If FROJ AMT
IF PROJECT NO.
�-
TAX LEVY/DESCRIPTICN 1!MSTT)PRTYP
RATE AMOUNT
i
LAND 61t
MACH OLT1% BASEI BASE2 NHDASE flON-HMST
1 00 816 8.694
GEN TAX H
RL 108.589 1,032.67
35.030 7-W
KnSTD CR
47.8
2' 1
HMSTD CR ASSD
1C'51 87 DELQ S4•'R/WTR/SEP
CHG ••
TOTAL TAX 1.2.8.99
>'��
LL-
AMT UNPAID 1,238.9C
TOTAL
PAID .00
MORT CODE/LOAN 0
ADDITION NAME
LOT BLK PLAT PARCEL PROPERTY I.D.
SN TWP RG G3 SUFX
TAtcaYER NAME�ADORESS
TA\"A
ESCROu NAME/ADDRESS
ACREAGE SCH WTR SEW PROPERTY
ADDRESS
DST SHD CST
METES A'D EOUKDS
"HIGHWOOD LA►cE MINNETONKA"
02S 42300 2300 07-117-23 44 0021
MFGIIN L HAlYEP50N
000.00 277 3 4175
HIGIIUO30 RD
MERLIN L HALVE6SON
STATUS: CURRENT
4175 NIGRWC.--3 RD
PSI-HMSTO REF ID 07-I17-23
44 0020 CONSTRUCTION YEAR
MO1R1D MN 55364
TAXABLE MARKET 63,:00
GL'ALIFYIttG AMT 1.166.67
DIVISION NO
EARLIEST DELQ YR - 81
TAMABLE ASSESSO 10.744
FD SHARED ASSD
DIVISION DATE
RENTAL TAX
FO AREA RATE
.000 SEE IO S
COMPOSITE JUDGEMENT N'vt BER 23589
If KOJ AMT
IF PROJECT NO.
RATE AMOUNT
LAND 9L0G
MACH OwN% BASEI 8ASE2 N+iSASE NON-HMST
TAX IEWY/DESCRIPTION HMSTOPRTYP
108.589 1.166.67
47.500 15.700
1 00 10.744
GEN TAX H
RL
630.00
HMSTO CR ASSD 10,744
H'TSTD CR
10ES1 67 DELQ S:m,,w7R/SEP
CHG 254.15
TOTAL TAX 790.82
AMT UNPAID 790.82
TOTAL PAID .00
DL:`1ER
TAXPAYER NAME/ADDRESS
METES AIM BOJtZS
_G 1 8 SCHAUER
—GARY S=HAUER
41145 HIGHU000 ROAD
roU�10 MI SS364
IbTA 246 27 A..O 26
MORT COUE/LOAN t ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.D.
ESCROW NAME/ADDRESS ACREAGE SCH WTR SEW PROPERTY ADDRESS SH TWP RG GO SUFX
DST S"O DST
413 801-131301 "HIGH11O00 LAKE MINNEMIKA" 42300 2425 07-117-23 44 0022
000.00 277 3 4195 HIGHWOOD RD
STATUS: CURRENT
CONSTRUCTION YEAR 1GC5
r mrry Pf- ^ ITY TNFnQMATT0M SYSTEM REPORT NO. PI433401
ii
RL*1 DATE 01/:8/86 HFNIEPItl COUNTY PROPERTY INFORMATION SYSTEM
1983 TAX GOOK
38 oi;c:.o
ROBERT F NELSON ETAL "HIGHWOOO LAKF MItZNETCNKA"
GEC«;;E APPLEBAU`I 000.00 Z77 3 4109
41C9 mlc�1 000 90 STATUS: CL'7RENT
C.:Ctz t.l 55304
LOT 17 AND *3
TAYABLE MARt:ET 97,700 QUALIFYING AMT .00 DIVISION NO
TA.-LBLE ASSESSO .7.356 FO SHARED ASSO DIVISION DA,E
PE14TAL TAX FO AREA RATE .000 SEE IO S
IF F20J AMT IF PROJECT NO.
TAX LEVT,'DESCRIPTION H"STOPRTYP RATE AMOIW LAND SLOG
NON-HOttESTEAO GEN TAX N RL 108.589 2,970.56 60.000 37.700
TOTAL TAX 2,970.56
TOTAL PAIL .00
C.2�ER MORT CODE/LOAN i
TAY.PAYER NAME/ACOPESS ESCf-OW NAME/ADDRESS
METES AND BUt:,43S
E R HE►'PICH ETAL
EC:IARD R HENRICH
4125 HIGH;4330 RD
rJL:tQ 1"1 55364
TA}ABLE t"4RKET
20.500 QUALIFYING Al'IT
TAY;,BLE ASSESSO
5,535 FD SHARED ASSD
RE�:'Ll TAX
FO AREA RA;E
'F PROJ AMT
IF PROJECT NO.
-AX LEVY/DESCRIPTIGN
HMSTDPRTYP RATE
I;EH TAX
H PL 108.539
TOTAL TAX
TOTAL PAID
Ot0IEP
TAYPAYER NAME/AnCRESS
METES AND 8WIDS
E R HEt?ICH ETAL
EC"PO R HEt.;;ICH
41,5 HIGHWOOO PO
MCIR'J Ytl 553b4
LOTS 20 AN3 21
—TAy;SELE MAPKET 134,800
—7AYABLE ASSESSO 29,5)6
RENTAL TAX
IF 1140J A'IT
REPORT h'O. PI433401
42300 1550 07-117-23 44 C015
HIGHWOOD RD
CONSTRUCTION YEAR 1935
MACH OWtr/. BASE1 BASE2 NH8ASE NON-HMT
27,356
AMT UNPAID 2,970 56
ADDITION NAME LOT BLK PLAT PARCEL PROPERTY I.O.
ACREAGE SCH WTR SEW PROPERTY ADDRESS SN TWP RG QQ SUFX
DST SHO DST
"HIGHWOOD LAKE MI►NETONKA" 019 42300 1700 07-117-23 44 0016
000.00 277 3 4115 HIGHWO00 RD
STATUS: CURRENT
SEC—HMSTO REF =0 07-117-23 44 0017 CONSTRICTION YEAR
6(oA.04 DIVISION NO
DIVISION DATE
.000 SEE IO S
Ar NT LAND BLDG MACH O7 BASEI DASE2 NHBASE NON—HMST
601.04 20r000 Soo 1 0 51535
t)CI.04
00 L _c AMT UNPAID 601.04
MORT CODE/LOAN I ADDITION N.:ME LOT BLK PLAT PARCEL PROPERTY I.O.
ESCROW NAME/ADDRESS ACREAGE SCH WTR SEW PROPERTY ADDRESS SN TWP RG QQ SUFX
DST SHO DST
"HIGHWOOD LAKF MINNETONCA" 42300 182S 07-117-23 44 0017
000.00 277 3 4125 HIGHWOOO
STATUS- CUPPENT
PRI—HMSTD REF ID 07-117-23 44 0016 CONSTRUCTION YEAR
QUALIFYING AMT 3.213.79 DIVISION NO
FO SHARED ASSO OIVI.;ION DATE
FD APEA RATE .000 SEE ID S
IF PROJECT N3.
I. I►
MEMORANDUM
TO: City Council
FROM: City Attorney",.,.
RE: Edward R. Henrich's Request for Zoning Ordinance
Variances, Orono, Minnesota
File No. 3643-020
DATE: July 19, 1988
Issue
Counsel asked for an opinion on whether the existence of a
sewer stub at the lot requires a conclusion that lot variances must
be granted.
BACKGROUND
A. The Petitioner
Ed Henrich owns three lakeshore lots in the Highwcod Lake
subdivision, Orono, Minnesota. Henrich has owned lakeshore lots
19, 20, and 21 for 30 years and currently has a residence on lot
20. Lot 19 previously had a small year-round cabin which was razed
in 1975. Henrich now seeks variances to lot area (.019 acre
existing, 1.0 acre zone) and lot width (43.5' existing, 140'
required) to enable him to build a residence on lot 19. Henrich
does not intend to destroy the residence on lot 20, but rather to
erect a residence on lot 19 in addition to the lot 20 residence.
For reasons related to his apparent declining health, Henrich wants
to sell the lot 20 residence to his son and then move into the new
rasidenc:e on lot 19.
Lot 19 has always been taxed as an independent parcel.
The tax assessment has been based on consideration of the lut as a
side yard adjacent to lot 20. From 1970, lot 19 has been assessed
a separate sewer unit.
B. The Zoniiig History
Lot 19 was initially zoned for single-family residential
use under the township of Orono Zoning Ordinance adopted
November 20, 1950, requiring 15,000 s.f. area for a building lot.
In 1959, the minimum building lot size for the City was changed to
140' width, 1.0 acre area. In 1967, the zoning code established
the zone as R-IC, 1 acre/140' width. Under the 1975 zoning code
the property was zored LR-1B 1 acre/140' width. This zoning code,
which is currently in of:lect, restricts building to lots of one
acre or more.
As of 1984, in the LR-lB zoning district, there were 657
existing developed single-family residential units. Of those 657
units, 96% are equal or greater to 0.20 acres, 79% are equal to or
greater 0.40 acres. Only 4% are less than 0.20 acres. According
to the applicable zoning codes, the H-nrichs would require both lot
area and lot width variances to build as they desire. The
circumstances of the lot would also seem to necessitate a hardcover
variance. However, Henrich states that he is willing to stipulate
that he will landscape the property in such a way as to comply with
the hardcover requirements.
C. Planning Commission Action
On June 6, 1988, the Planning Commission reviewed
Henrich's application and the City Staff recommendations and voted
4-0 to der►y the variances. The Planning Commission based its
decision on the follo.?ing reasons
1. Adding another house to the extensively developed
neighborhood will not be keeping with the spirit and
intent of the LR-lB zoning district.
2. The granting of the lot area and the lot width
variances will ultimately lead to requests for
variances to average lakeshore setback and hardcover
requirements.
3. Granting the variances will ultimately have a negative
impact on the character of the neighborhood as well as
have a negative impact on the quality of water in Lake
Minnetonka.
4. The applicant has a reasonable use of the property as
a s le yard area which he has maintained as part of
his pri►iciple residence for more taan 10 years, hence
denial of the variances cannot be considered as a
taking.
In addition, city staff determined that Henrich had not
demonstrated undue hardship under the applicable ordinance.
1)1SCUSSION
A. There are no Minnesota Cases Which Treat a Sewer Stub as a
Basis for Lot Size Variance.
We have canvassed Minnesota law and find no cases which
assert that a sewer stub creates a basis in law compelling lot size
variances. Mr. Henrich's counsel also told me today that he is
aware of no such case.
B. Granting Variances to Similarly Situated Lots Does Not
Preclude Denial of Henrich's Application.
Henrich's attorney has argued that Henrich is entitled to
a variance because the City has never denied buildability to a lot
on which a sewer connection was available and which has paid a full
sewer assessment. The assumption that a sewer assessment has in
the past been conclusive on a variance determination is
unsupportable.
In the past, a sewer assessment has never been the sole
criteria for determining a variance request. Many other factors
are considered in this determination. As noted in the "Synopsis of
LR-18 Variance Requests," included in the materials presented to
the Council for review of this mattes, these factors include:
- The existence of other land to combine with the subject
parcel
- Possible adverse effects on light, air, noise and other
conditions
- Possible adverse effects of granting variances on spirit
and intent of the zoning code and comprehensive plan of
the City, including setting an adverse precedent
- Status of lot for tax purposes
- Whether or not the property in its current state presents
an undue hardship to the applicant
In addition, as is evident from studies by the city staff
concerning previous variance determinations, a situation precisely
similar to Henrich's has never been presented to the Council. The
lot in question is unusually small, significantly smaller than any
lot in the one acre district which has previously been granted a
variance. Since 1980, the City has only approved two existing lots
smaller than Henrich's for building sites, both occurring in the
LR-IC, half acre district. In both cases, sewer had been assessed
on the property. Only one of these cases was a lakeshore lot.
';hat lot was 0.1" acre and required a variance of 61%. Henrich is
requesting a lot area variance of approximately 81%.
The total variance sought by Henrich (81%) is significantly
greater than past variances granted to lakeshore lots in the LR-1B
zoning district (From 1982 to 1.987 variances ranged from 40% to
61%).
Henrich claims that the sewer assessment operates in the
nature of an estoppel precluding the City from denying the
requested variances. This argument fails because at the time the
property was assessed for a sewer unit, a substantial structure
exited on the the property. Since the building has been razed, the
sewer assessment has continued, but the lot has been taxed as a
yard rather than as a buildable lot. In sum, while a sewer
assessment has carried some weight in a number of variance
determinations, it is by no means a conclusive presumption of
buildability. It has never been the sole factor in any variance
determination.
Since 1975, Henrich ha- ,r.aintainer' the lct adjacent to his
existing residence as a side yard. Presumably, this use would
continue, affording Henrich reasonable use of the property and
precluding assertion of an unconstitutional taking.
CONCLUSION
Henrich's objections to the Council's proposed resolution
denying the requested variances for lot 19, Highwood Lake
Subdivision, on the basis of the existing sewer service and not
supported by Minnesota legal authority or by the City's variance
practice.
5022w
To:
From:
Dates
Subject:
ir
NG
J U r 62 t ,,a
CONSENT AGENDA
Mayor Grahek & Orono Council Members
City Administrator Bernhardson
Michael P. Gaffron, Asst Plannina & Zoning Administrator
July 21, 1986
11128 Rainey Anderson, 780 South Old Crystal Bay Road -
'-'inal Subdivision Approval - Resolution
The applicant has completed the requirements of preliminary
plat approval, Resolution No. 2239, dated August 10, 1987 (copy
attached).
Staff recommends approval per the attached resolution for
final plat approval.
The applicant submitted three choices for a road name. The
attached copy of the Hudson Directory indicates that there are
quite a number of Crystal this, that and the other thing, many of
which are in Orono, and that there are a number of Deerwond
Lanes, but there is no Rainey Road, hence staff would recommend
that the private road be known as Rainey Road.
PROPOSED MOTION: Moved by , seconded by , tru approve the
final plat of "Trees To Be" for Rainey Anderson, 780 South Old
Crystal Bay Road. Ayes , nays
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`' 2 OF 2 SHEETS
City of ORONO
oEcr1LUTION OF THE CITY COUNCIL
NO.
A RESOLUTION APPROVING THE PLAT OF
TREES TO BE
FILE NO. 1128
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, the City Council has considered the application for a
subdivision by Rainey Anderson, the subdivider; and
WHEREAS, on August 10, 1987, the City Council approved Resolution
No. 2239, granting preliminary approval for a plat at 780 South Old Crystal
Bay Road; and
WHEREAS, the proposed plat contains six (6) lots each exceeding
the 2.0 acre minimum lot area requirement. Lots 2 and 3, Block 1 and Lots
2 and 3, Block 2 require a variance because they do not have frontage on a
public roadway. All six (6) lots are proposed to front on and access to a
private road. Lot 2, Block 1 and Lot 3, Block 2 require a variance because
they do not contain the required 200' lot width as measured at the 50'
front setback line from the cul-de-sac, but do meet the 200' width standard
when private road Outlot B is considered as part of the front lot line.
Lot 3• Block 1 requires a variance because it does not have 200' of
frontage abutting Outlot B, but does exceed 200' in all dimensions; and
WHEREAS, the subdivision has been found to meet all other
standards of the RR-lB zoning district finding that each lot is of a size
and configuration that will allow its use as a single family residence to
be fully developed without the need of further variances; and
WHEREAS, Lots 1 and 2, Block 1 and Lots 1, 2, and 3, Block 2 have
been demonstrated to contain suitable sites for primary and alternate
drainfields to serve the proposed single family residences. Lot 3, Block 1
exceeds 5.0 acres in dry buildable area, hence testing is not required
until that lot is proposed for a single residence or further subdivided;
and
WHEREAS, no additional right-of-way for South old Crystal Bay
Road (County Road 84) outside the existing right-of-way is required by the
City; and
Page 1 of 3
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
WHEREAS, it is intended that the private road be privately owned
and maintained. It is intended that Outlot A shall be developed as a
private road, and that Outlot B shall be developed at such time that Lot 3,
Block 1 is divided into two or more lots. Further, a separate right-of-way
outlot, shown on the plat as Outlot C, is intended for purposes of
providing for a future connection between the proposed private road and the
plat road preliminarily approved for the plat of Lot 2, Block 1, Foxwood,
so that these two roads may be connected if deemed necessary in the future;
and
WHEREAS, the subdivi;er has completed all the requirements of the
City, including:
1. Completion :jf all the requirements of Resolution No. 2239.
2. Dedication on the plat of rights -of -way for public s•.:reets and
roads shown as County Road 84.
3. Creation of a new private road shown on the plat as Outlot B to be
known henceforth as Rainey Road.
4. Concurrent with the creation of this private r.,ad, the subdivider
has dedicated a road and utilities easement granting to the City
permanent access, improvement and utility easements over said outlots; i
the subdivider has created non-exclusive ingress, egress, drainage and
utility easements over said outlots in favor of all abutting and/or
benefitting lots including a declaration of certain maintenance
covenants wherein each of the abutting or benefitting :.ot owners
agrees to permanently maintain and pay the costs of maintenance for
said private road.
5. Dedication to the City of a Flowage and Conservation Easement
providing for limitations on the use of wetlands and/or drainageways
described therein and shown on the plat as "drainage easements".
i
6. Execution of a Subdivider's Agreement providing for installation
of certain improvements as a condition of subdivision approval.
7. Payment to the City of a Park Dedication Fee in the amount of
$900.00.
8. Payment `_o the City for of final plat administrative fee and fee
for the legal review and filing of the plat easements and covenants in
the amount of $300.00.
NOW, THEREFORE BE IT RESOLVED, that tho City Council of the City
of Orono hereby approves the plat of Trees Tc, Be, Hennepin County,
Minnesota; subject to the following conditions:
Page 2 of 3
City of ORO O
RESOLUTION OF THE CITY COUNCIL
NO.
1. A variance is hereby granted for Lots 2 and 3, Block 1 and Lots 2
and 3, Block 2 which do not front on a public roadway as required.
2. A variance is hereby granted to the 200' lot width standards for
Lot 2, Block 1 and Lot 3, Block 2.
3. All six lots shall access to the private road.
4. The private road shall be constructed to City private road
requirements, per the conditions of the Developer's Agreement executed
between the City and the developer. Private road construction can
begin as soon as the engineering plans for the road have been approved
by the City, subject to conditions of the Developer's Agreement.
Private road construction must be completed by September 15, 1989.
5. The private road shall be allowed to access directly to County
Road 84, subject to conditions for such access as may be imposed by
the Hennes in County Del.artment of Transportation and their required
access permit.
6. Tho aforesaid plat sha11 be filed by the City of Orono with the
Hennepin County Recorder's Office or or before January 25, 1989
togethe_ with a certified original copy of this Resolution and
executed ,opies of the documents as noted above.
The approval granted by this Resolution shall expire if the p13t
has not been filed by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono for subdivision
review.
Dated this 25th day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Page 3 of 3
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 39
A RESOLUTION GRANTING PRELIMINARY
APPROVAL FOR A PLAT AT
780 SOUTH OLD CRYSTAL BAY ROAD
APPLICATION NO. 1128
WHEREAS, Rainey Anderson on March 18, 1987 filed a formal
subdivision application with the City of Orono for approval of a four -lot
residential plat of property legally described as follows:
P.I.D. No. 04-117-23 43 0004:
The North 206.00 feet of the West 55 rods of Lot 26, AUDITOR'S
SUBDIVISION NUMBER 229, HENNEPIN COUNTY, MINNESOTA, according to the
recorded plat thereof; and
P.I.D. No. 04-117-23 43 0005:
That part of the North 25 1/4 rods of the West 55 rods of Lot 26
AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN COUNTY, MINNESOTA,
according to the recorded plat thereof, lying South of the North 206
feet thereof; and
P.I.D. No. 04-117-23 43 0006:
The North 99.10 feet of the South 379.50 feet of the West 948.50 feet
of Lot 26, AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN COUNTY,
MINNESOTA, according to the recorded plat thereof; ALSO
The South 280.40 feet of the East 569.00 feet of the west 948.50 feet
of said Lot 26; and
P.I.D. No. 04-117-23 44 0003:
That part of Lot 26, AUDITOR'S SUBDIVISION NUMBER 229, HENNEPIN
COUNTY, MINNESOTA, according to the recorded plat thereof, lying East
of the West 948.50 feet thereof.
WHEREAS, after due published and mailed notice in accordance with
Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and
Platting Codes, the Orono Planning Commission held a public hearing on
April 20, 1987, at which time all persons desiring to be heard concerning
this application were given the opportunity to speak thereon; and
WHEREAS, the application was revised to a six -lot residential
plat on June 18th, 1987, and, whereas, the neighboring property owners
within 350 feet of the subject property were duly notified of the proposed
revisions and the additional Planning Commission review to be held on July
20, 1987, and the Orono Planning Commission reviewed the revised proposal
on July 20, 1987 at which time all persons desiring to be heard concerning
the revised application were given the opportunity to speak thereon; and
Page 1 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCI I_
NO. 2239
��-. — -
WHEREAS, at their regulz r meeting held on July 27, 1987 the Orono
City Council considered the revised subdivision application of Rainey
Anderson, noting the following findings of fact:
1. The property is locate) within the RR-lB Single Family Rural
Residential Zoning Distr,.ct requiring a minimum of 2 acres of
contiguous dry buildable within each newly created lot.
2. The property contai total of. approximately 29.11 acres, of
which approximately 20.07 ....res is considered dry buildable.
3. The proposed plat contains six lots each exceeding the 2.0 acre
minimum lot area requirement.
4. Proposed Lots 2 and 3, Block I and Lots 2 and 3, Block 2 require a
variance because they do not have frontage on a public roadway.
5. All six lots are proposed to front on and access to a private
road. Lot 2, Block 1 and Lot 3, Block 2 require a variance because
they do not contain the required 200' lot width as measured at the 50'
front setback line from the cul-de-sac, but do meet the 200' width
standard if private road Outlot B is considered as part of the front
lot line. Lot 3, Block 1 requires a variance because it does not have
200' of frontage abutting road Outlot B, but floes exceed 200' in all
dimensions.
6. The private road intended to serve the plat shall be constructed
subject to the conditions of a developers agreement to be executed
between the City and the developer. Standards for this road are as
follows:
Right-of-way Minimum Width: 50'
Minimum Paved Width: 24'
Base: 8" Class 5 100% Crushsd
Surface: 3" 2341 Bituminous Surface
Cul-de-sac: 50' Minimum Right-of-way Radius
40' Minimum Paved Radius
7. It is intended that the privates road be privately ov,ned and
maintained. The City will require that the developer execute the
standard road and utility easement over the private road, and shall
execute the standard Declaration of Private Read Easement and
Declaration for Maintenance of Same. It is intended that Outlot A be
developed as a private road now, and that Outlot B shal 1 be developed
at such time that Lot 3, Block 1 is divided into 2 or more tots.
Page 2 of 6
City of ORONO
�';�'• RESOLUTION OF THE CITY COUNCIL
Itt r NO. 2239
8. A separate right-of-way outlot shall be shown on the plat as
Outlot C for purposes of providing for a future connection between the
proposed private road and the plat road preliminarily approved for the
plat of Lot 2, Block 1 of Foxwood so that these two roads may be
connected if deemed necessary in the future
9. Three distinct wetlands exist within the property boundaries and
will be subject to Conservation 6 Flowage Easements.
10. Due to the future potential for grade changes to South Old
Crystal Bay Road, it is appropriate tc require the dedication of a
total of 20' drainage and utility easement along the west line of Lot
1, Block 2, so that future potential road bark cuts do not interfere
with utilities.
11. No additional right-of-way will be dedicated for County Road 84.
12. All four proposed lots of between 2 and 5 acres in area have been
demonstrated to contain suitable sites for primary and alternate
drainfieids to serve the proposed single family residences. A
suitable alternate drainfield site has been demonstrated for Lot 2,
Block 1 coataining the existing residence. Lot 3, Block 1 exceeds 5
acres in area and is not required to be tested for drainfield sites.
13. Single family residences can be constructed on each of the new
lots without the need for further variances.
NOW, THEREFORE BE IT RESOLVED, that based upon either one or more
of the findings noted above, the City Council of the City of Orono hereby
approves the preliminary plat for Rainey Anderson at 780 South Old Crystal
Bay Road per the survey attached as Exhibit A hereto by DeMars-Gabriel Land
Surveyors, Inc. subject to the following conditions:
1. The location of the private road access onto Old Crystal Bay Road
South shall be as proposed by the applicant at the existing driveway
entrance serving the existing residence.
2. A variance will be granted for Lots 2 and 3, Block 1 and Lots 2
and 3, Block 2 which do not front on a public roadway as required.
3. A variance will be granted to the 200' lot width standards for
Lots 2 and 3, Block 1 and Lot 3, Block 2.
4. All six lots shall access to the private road.
Page 3 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2239
5. The private road shall be constructed to Ciro private road
requirements, subject to a developers agreement to be executed between
the City and the developer. Private road construction can begin as
soon as the engineering plans for the road have been approved by the
City and the developers agreement has been executed. Plat road Outlot
A is to be developed now to serve Lots 1 and 2, Block 1 and Lots 1, 2
and 3, Block 2. Outlot B is provided as corridor for future private
road access to Lot 3, Block 1. At such time that Lot 3, Block 1 is
divided into 2 or more lots, Outlot B shall be developed to private
road standards. Outlot C is provided for future roadway connection to
the plat road of the subdivision of Lot 2, Block 1, Foxwood; this will
stay as a private road outlot, not developed but available to create a
"through" route if these private cul-de-sac roads ever become public
roads. Outlots A P nd C shall be owned and maintained jointly by the
owner of Lots 1 through 3, Block 1 and Lots 1 through 3, Block 2 and
shall be included in the Declaration of Private Road Easement and
Dedication for Maintenance of. Same.
6. Standard road and utility easements and private road maintenance
covenant to be filed with the plat.
7. Standard drainage and utility easements to be shown on plat along
lot lines. Provide a 20' wide drainage easement along swale at neck
of Lot 1, Block 1. Provide a 20' wide drainage and utility easement
along the west line of Lot 1, Block ,2.
8. Conservation and Flowage Easements to be dedicated over the two
major wetlands and over the low area below elevation 940' straddling
the line between Lots 2 and 3, Block 1.
9. Payment of standard park fees of $200 each for Lots 1, 2 and 3,
Block 2 and Lot 1, Block 1, and $100 for Lot 3, Block 1. Total =
$900.
10. Payment of revised application fee for the revised proposal in
the amount of $325.00 per staff memo of 7/8/87.
11. No building permits will be issued until the private road base
work has been completed and been approved by the City.
12. The private road shall be allowed to access directly to County
Road 84 subject to conditions for such access as imposed by the
Hennepin County Departmer of Transportation in their required access
permit.
1:3. The private road s e privately owned and maintained per the
appropriate access easement/maintenance documents to be executed by
the developer.
Page 4 of 6
City Of
ORol'�i o
RESOLUTION OF THE CITY COUNCIL
NO. 2239
The following list of final submittals must be submitted to the
Zoning Administrator two weeks prior to the regularly scheduled Council
meeting on the second and fourth Mondays of the month:
1. RECORD PLAT drawings in the form of two (2) mylar copies and one
(1) copy reduced to 1"=2001. Drawing to include:
a) Lot lines platted per preliminary survey by DeMars and
Gabriel Land Surveyors, Inc. attached as Exhibit A hereto.
b) Dedication of "drainage and utility easements" 10' wide along
all perimeter property lines and 5' each side of internal
property lines, 20' along the west line of Lot 1, Block 2, and
20' in width along the drainageway in Lot 1, Block 1.
c) Designation and dedication of the wetlands as drainage
easements on the plat.
2. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners, mortgage
holders or others with property interest indicated therein shall
sign the plat and all other documents affected by such interest.
b) The applicant must provide certified copies of all recorded
easements currently affecting the property.
c) Signed and executed Flowage and Conservation Easements; blank
area requiring description may k• filled out as follows "over the
drainage easements as shown on plat of (plat name)".
Signed and executed developers agreement and letter of credit
for construction of the private road.
/
e) Signed and executed road and utilities easement over the
private road outlots.
,jf) Signed and executed "Declaration of Private Road Easement and
Declaration for Maintenance of Same". I
V1116) Completed "Application for Private Road Name".
3. FEES TO BE PAID: Total Due $1,525.00
a) Park dedication fee per current schedule: 4 new residential
lots at 2-acre density = $200/lot. 1 new residential lot at 5-
plus acre density = $100/lot. TOTAL $900.00.
b) Final plat fee - $150.00
c) Legal review and filing fees of $150.00.
Page 5 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 39
f
d) Additional fee for revised application - $325.00
Conceptually adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held July 27, 1987, by a vote of 5-0.
Formally adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held August 10, 1987.
9
j
AJamsY. G a , Mayor
ATTEyST
i
i othy Mf-Hallin, City Clerk
Page 6 of 6
s
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono. Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 10 . 1987 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
llth day of August 1987
0-0-othy M d
Hallin, City Clerk
:SEAL)
Control No.
CITY OF ORONO
PRIVATE ROADWAY REQUEST
A. The subject of this request is:
- an existing private roadway.
X a proposed private roadway which is to be created as a
condition of pending subdivision approval.
B. The owner(s) of this Private Roadway and/or all abutting property
will be (are) the owner(s) of the following described property:
Lots 1, 2, and 3, Block 1, and Lots 1. 2, and 3, Block 2, TREES TO BE
C. The above owner(s) hereby request that this Private Roadway be
known by the following name:
Choice No.
1 �o ` -i At�
�.c Qt_ "/\A) C
Choice No.
��L
2'
Choice No.
3
(List three choices in order of preference. The City Council will
approve a name provided no conflict exists with existing names or
naming policy. If all names have a conflict, you will be asked to
make new choices. The approved name will be used for all mailing
address and official identification purposes.)
D. The above owner(s) hereby request the City of Orono to instal the
following standard street and traffic signs and said owner(s) hereby
agree to reimburse the City for all costs of said installation.
(Such signing may be required as part of a separate Developer's
Agreement and/or subdivision request.)
X standard city street name sign(s) - number required one
x standard "STOP" sign(s) - number required one (1)
standard traffic sign(s) described below:
- number required
The above owner(s) do hereby acknowledge the (future) existence of
said private road, and that the City of Orono has no obligation to
maintain or service said private road, and that the City of Orono
does not intend to acquire or open said private road as a public
roadway.
Signature(s) of owner(s):
f,.,1 - Y
Raineyffannah Anderson Date
Date
Date
Da t e
13
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To:
From:
Date:
Subject:
ING
JUL ? 19
Mayor Grabek & Orono Council Members
City Administrator Bernhardson
Jeanne A. Mabusth, Building & Zoning Administrator
July 21, 1988
#1207 Gene & Catherine Scanlon, 2815 Casco Point Road -
Variances - Approval Resolution
Zoning District - LR-lC
Total Area - 14,228 s.f. or .32 acres
List of Exhibits
Staff Memos Dated 6/l/88, 6/15/88, & 7/12/88
Exhibit
A -
Application
Exhibit
B -
Property Owners List
Exhibit
C -
Plat Map
Exhibit
D -
Dr. Olson's Letter Dated 3/11/88
Exhibit
E -
Scanlon's Letter Dated 4/29/88
Exhibit
F -
Jacobs's Memo Dated 7/12/88
Exhibit
G -
Survey
Exhibit
H -
Staff Memo - Variance Application No. 419
Exhibit
I -
Planning Commission Minutes of 9/11/78
Exhibit
J -
Planning Commission Minutes of 9/25/78
Exhibit
K
- Council Minutes of 9/26/78
Exhibit
L
- Council Action Notice Dated 9/26/78
Exhibit
M
- Original Plans of Application No. 419
Exhibit
N
- Plan of Hardcover to be Removed
Exhibit
O
- Building Plans
Exhibit
P
- Elevations
Review of Variances Sought by Applicants -
1. Section 10.22, Subdivision 1 (B) - Lakeshore Setback for Structures.
Required = 75'
Original Shed = 0' (75' or 100% variance)
Proposed Shed = 24' (51' or 68% variance)
Original Deck = 15' (60' or 80% variance)
Proposed Deck = 24' (51' or 68% variance)
2. Section 10.22, Subdivision 2 - Hardcover.
0-75' Setback Area = 4,200 s.f.
Allowed = 0 s.f.
Original Hardcover = 249 s.f. or 68 (210 s.f. deck, 49 s.f.
shed)
Proposed Hardcover = 165 s.f. or 3.9% (shed located under
deck not included and
stairs/safety landing
149 s.f. excluded)
Zoning File #1207
July 21, 1988
Page 2 of 3
75-250' Setback Area = 9,600 s.f.
Allowed 2,400 s.f. or 25%
Existing = 4,200 s.f. or 43.7%
Proposed = 4,043 s.f. or 42.1% (removal of 157 ::. f., 52.5
s.f. adjacent to acce stairs
at rear of house, .nd 105
s.f. located at northeast
corner of residence - see
Staff's sketch, Exhibit N)
Please note,185 s.f. of additional hardcover to be removed within
applicants' lakeshore yard has not been included in the above
calculations because they were not included in the original hardcover
calculations totaling 4,200 s.f.
Review of Application -
The applicants commenced the review of the application sometime in the
fall of 1987, but because of the ill health of Mr. Scanlon, they asked for
the tabling of the review until this spring. Planning Commission
considered this application at their June 6th, June 20th, and July llth
meetings. The difficulties throughout the 3-meeting review dealth with
information that conflicted with what was being proposed by the applicants
or a request on the part of the Planning Commission that the Building
Inspector confirm the proposed layout of the access stairs in relation to
the deck underneath shed. Please review Exhibits F, O, & P. The Inspector
has confirmed no problems with the design of the access stairs nor of the
deck. Note, applicants have employed use of the graveled surface of the
retaining wall levels and reduced the need for deck safety landings, there-
by reducing the need for additional hardcover.
Upon the third review, the applicants had satisfied all of the
Planning Commission's requests and need for additional information or
amended plans. Staff drafted a recommendation of approval based on the
conceptual direction of the Planning Commission at their June 20th meeting.
The recommendation was adopted by the majority opinion of the Planning
Commission as setforth in the staff memo of July 12th (attached to this
memo). Please note, the Planning Commission established the date of June
30th, 1989 for the removal of tl:e 157 s.f. of hardcover within the 75-250'
setback area. The enclosed resolution has been drafted per the Planning
Commission recommendation.
The minority Minion of one denied the application finding no valid
hardship that would all.cw the recons+:ruction of the structures within the
lakeshore protector area and noted the Ci-y has never recognized the
grandfather standai.' -)efe-e and should not establish such a precedent.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
VARIANCES TO
NUN:CIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B)
AND SECTION 10.22, SUBDIVISIOF? 2
FILE #1207
WHEREAS, Gene & Catherine Scanlon (hereinafter "the applicants")
are the owners of the property located at 2815 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
All that part of Lot 120, Spring Park, and all the unplatted land and
that portion of Lakeshore Avenue, vacated, lying between Lot 120 of
Spring Park and the side lines of said lot projected to Lake
Minnetonka, according to the plat thereof on file or of record in
Hennepin County, Minnesota, whic;l lies Northwesterly of a line running
parallel with and distant 5' Northwesterly from the Southwesterly line
of said lot and the extensions ,hereof (hereinafter "the property");
and
WHEREAS, the applicants have applied to the City for variances to
Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.22,
Subdivision 2 to permit the reconstruction of a lakeshore deck and shed
installed under said deck located 24' from the shoreline or Lake Minnetonka
instead of meeting the required 75' setback requiring a 51' or 68% setback
variance, the lakeshore structural improvements result in 165 s.f. or 3.9%
of hardcover where no hardcover is allowed. The structures to be
reconstructed within the lakeshore yard of the property were destroyed in
the storm of June 23rd, 1987.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1207.
2. The property is located in the LR-lC Single Family Lakeshore
Residential Zoning District requiring a 1/2 acre in area. The
property consists of 14,228 s.f. or .32 acres in area.
3. The Orono Planning Commission reviewed this application on July
18, 1988, and recommended approval of the proposed variances based
upon the following findings:
A) The applicants have reduced hardcover e:ithin the 0-75'
setback area by 84 s.f. or 2.1%, and within the 75- .:50' setback
by 157 s.f. or 1.6%.
Page 1 of 4
City of OR()NO
RESOLUTION OF THE CITY COUNCIL
NO.
B) The existing structures were removed as a result of a severe
storm that eroded the lakeshore bank and had nothing to do with
the improper maintenance of the subject structures.
C) There have been no substantial changes in the Code since 1975
when the LR districts and lakeshore standards were established.
In 1978, the City approved setback and hardcover variances for a
lakeshore deck located approximately 15' from the shoreline and
at 210 s.f. of hardcover.
D) The steep topography at 1:1 grades at the shoreline requires
special :onsicieration for the residents of the property.
E) Thy iicant's physical limitation, as documented by his
persona raysician's report, would prevent his full enjoyment of
his lakeshore property if the deck and shed were not restored to
the lower lakeshore elevations.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variance on the health, safety and welfare of the community.
5. The Ci+*.y Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the
sairit and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the
reconstruction of a lakeshore deck and shed installed under said deck
located 24' from the shore_ ine of Lake Minnetonka resulting in 165 s.f. or
3.9% of hardcover within the 0-75' s:Aback area, subject to the following
conditions:
1. In order to prevent undermining of existing retaining wall
structure, run-off From the roof of the shed must be directed away
from the grade level of the retaining wall and drained to either a
drainage structure already within the retaining wall or via an
independant drainage tile.
Page 2 of 4
City of OR,ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. Plantings must be T.rovided adjacent to each of the retaining wall
levels to provide the necessary screening and groundcover
stabalization.
3. The applicants have agreed to remove 157 s.f. of existing
hardcover within the 75-250' setback area. Such hardcover removals
must be completed by June 30, 1989.
4. 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 (July 25,
1989).
5. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
6. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 25th day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property Owner(s)
Page 3 of 4
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabcsth, Building & Zoning Administrator
Date: July 12, 1988
Subject: #1207 Gene and Catherine Scanlon 2815 Casco Point Road
- Variances - Third Review
List of Exhibits
Exhibit A - Planning Commission Notice of Action 6/21/88
Exhibit B - Revised Survey
Exhibit C - Plan Drawing
Exhibit D - Elevation
Exhibit E - Aproximate Location of Hardcover to be Removed
Exhibit F - Jacobs Memo
Review of Variances Sought by Applicant
1. Section 10.22, Subdivision 1 (B) Lakeshore setback for structures -
Required = 75'
Original Shed = 0' (75' or 100% variance)
Proposed Shed = 24' (51' or 68% variance)
Original Deck = 15' (60' or 80% variance)
Proposed Deck = 24' (51' or 68% variance)
2. Section 10.22, Subdivision 2 Lakeshore hardcover-
0-75' setback area = 4,200 s.f.
Allowed = 0 s.f.
Original Hardcover = 249 s.f. or 6% (210 s.f. deck, 49 s.f. shed)
Proposed Hardcover = 165 s.f. or 3.9% (Shed located under deck not included
and stairs/safety landing of 149 s.f. excluded)
75-250' setback area = 9,600 .f.
Allowed = 2,400 s.f. or 25%
Existing = 4,200 s.f. or 43.7%
Proposed = 4,043 s.f. or 42.1%
Removal of 150 s.f. (52.5 s.f. adjacent to access stairs at rear of house
and 104.5 s.f. at northeast corner of residence, see staff sketch Exhibit
E)
Please note the 185 s.f. of additional hardcover to be removed within
applicants lakeshore yard has not been included in the above calculations
because they were not included in the original hardcover calculations
totaling 4,200 s.f.
Review of Application
At your June 20th meeting, all but one member of the Planning Commission
concettually approved the variance request of the applicant subject to
their submitting revised plans that clearly defined what the arplicant was
proposing within the guidelines of the Planning Commission directives.
Zoning File #1307
Page 2 of 2
Review Exhibits C and D. The applicants plans now show a deck that does
not exceed 165 s.f. of area. The stairs have the appropriate number of
risers within the 12 foot intervals. Applicant has reduced the amount of
additional hardcover by employing the gravel area of the retaining wall
landings requiring only one deck stair 3' 6" by 3' 3". In addition, review
Exhibit F, the building inspector has reviewed the revised plans submitted
by the applicant and has approved them finding that they meet all
requirements of the state building code.
As the majority of the Planning Commission have conceptually approved the
proposed reconstruction of a deck, access stair, and shed within the
Scanlons lakeshore yard, staff will repeat some of the suggested findings
from an original staff memo dated June 1, 1988 if application was to be
approved.
A. The applicant has reduced hardcover with the new proposal for the
improvements within the lakeshore yard and within the 75-250, setback
area.
B. The existing structures were removed as a result of a severe
storm that eroded the lakeshore bank and had nothing to do with the
improper maintenance of the subject structures.
C. There have been no substantial changes in the code since 1975
when the LR districts and lakeshore standards were established.
D. The City had approved similar variances for the property in
1978.
E. The steep topography requires special consideration for the
residents of the property.
F. The applicant's physical limitations as documented by his
personal physician's report would prevent his full enjoyment of his
lakeshore property if the deck and shed were not restored to lakeshore
yard.
The following conditions are also recommended with the approval of this
application:
1. Run-off from the roof of the shed must be directed away from the
grade level of the retaining wall and drained to a drainage structure
already within the retaining wall substructure or via an independent
drainage tile. This will prevent any undermining of the existing
retaining wall structure.
2. Plantings must be provided adjacent to each of the retaining wall
levels to provide the necessary screening and ground cover
stablization.
3. The applicant has agreed to remove 157 s.f. of existing hardcover
within the 75-250' setback area. Such hardcover removals must be
completed by
Please advise staff if additional information is required or if you have
any questions concerning the new material submitted by the applicants prior
to the meeting.
/0
TO: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
FROM: Jeanne A. Mabusth, Zoning Administrator
DATE: .Tune 15, 1988
SUBJECT: (#1207 Gene and Catherine Scanlon, 2815 Casco Point Road
- Variances - Second Review
List of Exhibits
Exhibit A - Revised Survey
Exhibit B - Sketch of Revised Plan/Elevation
Exhibit C - Hardcover Removal Sheet
Pertinent Ordinances
Section 10.03 Subdivision 15(F) side yard setback for accessory
strucutres required = 10 feet
Proposed structure = 10 feet
Applicant will not require a side yard setback variance.
Section 10.22 Subdivision l(S) required = 75 feet
Original deck setback = 15 feet (60 ft or 80% variance)
original shed setback = 0 feet (75 ft or 100% variance)
Proposed deck = 20 feet (55 ft or 73% variance)
Proposed shed = + 20 feet (55 ft or 73% variance)
Section 10.22 Subdivision 2
0-75' setback area = 4,200 sq ft
Allowed = 0 sq ft
original hardcover (excluding retaining walls and steps = 259 sq
ft or 6% (210 sq ft dec':, 49 sq ft shed)
Proposed hardcover 212.8 sq ft or 5% (228 sq ft minus 16 sq ft
for landing area of stairs structure)
New hardcover approved in 1978 = 165 sq ft or 3.98 (15xll ft
deck). Total approved hardcover in 1978 = 214 sq ft or 5% (165
sq ft, 49 sq ft shed)
75-250 foot setback area = 9,600 sq ft
Allowed = 2,400 or 25%
Existing = 4,200 or 43.7%
1
Applicant proposes removal of hardcover totaling = 128.9 sq ft or
1.34%.* Review Exhibit A.
* Applicant will provide a complete survey of hardcover to be
removed in addition to a date for completion of that removal.
Review of Revised Plan
The applicant has submitted an amended survey designating a 15 X
11 foot deck this was the size approved in the original 1978
review. In reviewing the sketch of the revised elevation/plan
with the applicant it was noted that the plan still shows a 15 x
14 foot deck. Applicant advised that because of the location of
the shed underneath the deck and the width of the retaining wall
to the rear side of the deck, or to the land side of the deck,
that the 14 foot depth is required. Based on an earlier drawing
in the first packet that was sent out on this application, this
tier of decking appears to be apporximately 10 feet in depth and
that if a wider width was required for some reaso-i that applicant
could redesign the deck to accommodate the shed but that it would
be difficult for the City to approve any deck in excess of the
165 sq ft that was originally approved in 1978.
In reviewing Exhibit B the sketch of the revised plan the stair
structure has been reduced considerably modifying the impact and
the intensity of the lakeshore structure. There is now a single
access stair down the lakeshore bank, running parallel to the
cedar deck. A sa.ety stop and stepping pad area provide the
necessary landing for the steep descent. Applicant will present
their position as to why they require the deck at 14' x 15'
dimension. In addition, applicant will provide a more detailed
plan of the hardcover to L„, removed within the 74-250 foot
setback area sometime within the spring of next year. Staff also
advised the applicant, who was willing to have the surveyor make
another amendment of a survey that would show the 15 x 14 foot
deck, that this was not necessary. It should also be noted that
the applicant seeks, at a minimum, the replacement of the same
sized deck that was approved in 1978, which would be at 15 x 11
feet. The original request of 14 x 10 feet was in error. Please
review the staff memo dated June 1, 1988 that was drafted for
your June 6th meeting. Please review the section on the options
available to Planning Commission to assist in the drafting of
your recommendation.
It Pianning Commission members seek additional information please
advise staff prior to the meeting so that we can formally act on
the Scanlon application at our June 2O1.h meeting. As staff
would like to present this application before the Council at
their June 27, 1988 meeting.
2
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: June 1, 1988
Subject: #1207 Gene & Catherine Scanlon, 2815 Casco Point Road -
Variances - Continuation of Public Hearing Renotification
List of Exhibits
Exhibit A - Staff Memo 10/15/87
Exhibit B - Survey
Exhibit C - Applicant's Letter 3/9/88
Exhibit D - Doctor's Letter 3/11/86
Exhibit E - Applicant's Addendum
Exhibit F - Elevation of Lake Structure
Exhibit G - Plans for Improvement
Exhibit H - Staff Memo - 1978 Review
Exhibit I - Planning Commission Minutes 9/1]/78
Exhibit J - Planning Commission Minutes 9/25/78
Exhibit K - Council Minutes 9/26/78
Exhibit L - Council Action Notice 9/27/78
Exhibit M - Profile/Floor Plan Original Deck
Special Comments
The application was tabled indefinitely at the November 16, 1987 Planning
Commission meeting awaiting further notice from the applicant. The long
delay for the review of the application was a result of Mr. Scanlon's ill
health. Please review the attached original staff memo dated October 15,
1987. Since the writing of that original memo staff has had discussions
with Mrs. Scanlon and was advised of an eerlier variance review that
approved the original deck within the lakeshore. The original owners
received variance approval from the City on 9/26/78 to construct a lakeside
deck. The Scanlons did not own the property at that point and purchased
the property based on the deck improvement (review Exhibit E). The minutes
(review Exhibits I, J, & K) reveal the deck being approved by the City at a
15' by 11' dimension totaling a 165 s.f. in hardcover. The face of the
current application shows the original deck being constructed at 21' by 10'
dimension resulting in 210 s.f. of hardcover. The original block storage
shed was at the waterline, the proposed new 7' by 7' storage shed would be
under the proposed deck located further away from the shoreline. The
original deck was approved because of the steep terrain. The approval was
conditioned on the requirement that a 12" deep gravel sub -based be
maintained under the 15' by 11' deck and that plantings be provided along
the lakeside of the deck to screen the structure from the lake side view.
Review of Variances Sought with Current Application
Section 10.22, Subdivision 1 (B) Lakeshore setback
Required = 75'
Original neck setback = 15' (60' or 80% variance)
Original Shed setback = 0' (75' or 100% variance)
Proposed Deck = 20' (55' or 73% variance)
Zoning File #1207
Page 2 of 3
Proposed Shed = 20' (55' or 73% variance)
Section 10.22, Subdivision 2 Hardcover 0-75' setback area (4,200 s.f.)
Allowed = 0 s.f.
Original Hardcover (excluding retaining walls and steps) = 257 s.f. or 68
Proposed Hardcover (excluding retaining walls at approximately 116 s.f. and
steps if maintained at under 4' width and safety stop limited to 4' by 4'
with banks at 1 to 1 slope) = 140 s.f. or 3% (Hardcover of shed not
included since is it placed under proposed deck)
Staff has discussed the issue of the previous variance approvals in 1978
with the city attorney noting that there were no substantive changes to the
LR district ordinances since they were adopted in January of 1975. Mr.
Barrett advised that the hardcover and setback variances approved in 1978
clearly do have an impact on the current review. Staff would suggest other
issues for consideration of this application:
1. Applicants claim of a special physical limitation because of back
condition, review Exhibit D. Staff cannot remember a physical
handicap being claimed in previous variance applications. Is it a
valid consideration?
2. Purchased home and paid a price that included the original
retaining wall installations and deck improvement. The value of the
home has sustained a major diminution in value with the loss of the
lakeside deck.
3. Does the hardship of the steepness of the lakeshore bank still
hold true for the current review? Would this be an acceptable
hardship in current reviews?
4. Under what conditions has the Planning Commission approved new
structural improvements within the 75' setback area? In a recent
review for John Waldron, a lakeside deck at the top of the bank within
the 75' setback area was allowed to be improved as long as it wasn't
expanded upon. The City recently approved decking within a lakeshore
yard (Swanson)that expanded over a rip -rap area that applicant
contended replaced a previous wooden walkway. The City has approved
several grade level decks within the 75' setback area along the
Fagerness Point Shoreline because they provided no visual impact.
5. Does the condition under which the applicant lost the use of the
original structures have any bearing on your considerations.
Options of Action Available to the Planning Commission
1. To deny the hardcover and setback variance application of the
applicants based on the following findings:
a. Applicant has not demonstrated sufficiant hardship.
b. Planning Commission would agree with the minority opinion in
the 1978 review that approval of such variances would establish a
negative precedent in the review of other similar applications in
the future.
C. The approval of variances granted in 1978 did not convey to
the owner or future owner any vested right to rebuild structures
if destroyed at some time of the future. The City does not
recognize a Grandfathering principal for structures that do not
conform to current setback standards.
Zoning File #k1207
Page 3 of 3
d. The current policy practices of the City would not permit
the approval of the variances sought by applicant.
2. To recommend approval of the variances as amended by this
Commission based on the following findings:
a. The applicant has reduced hardcover with the new proposal
for improvements within the lakeshore yarJ.
b. The existing structures were removed as a result of a severe
storm that eroded the lakeshore bank and had nothing to do with
the improper maintenance of the subject structure.
C. There have been no substantial changes in the code since
1975 when the LR districts and lakeshore standards were
established.
d. The City had approved similar variances for the property in
1978.
e. The steep topography requires special consideration for the
residents of the property.
f. The applicant's physical limitations as documented by his
personal physician's report would prevent his full enjoyment of
his original lakeshore property if the deck and shed were not
restored to lakeshore yard.
Approval is subject to the following conditions:
1. Applicants f 1lor p lans for the deck and stairs must be amended to show
a deck at a 14' by 10' dimension and a safety stogy: not to exceed 4' by 41.
2. 7' by 7' shed to be placed under the proposed 14' by 10' deck must be
so placed that applicant can provide screening along the lakeside of the
retaining wall level that holds the deck structure.
3. Run-off from the roof cf the shed must be directed away from the grade
level of the retaining wall and drained to a drainage structure already
within the retaining wall substructure or via an independent drainage tile.
4. Plantings must be provided adjacent to each of the retaining wall
levels to provide the necessary screening and ground cover stablization.
5. Based on the addition of 140 s.f. of structural hardcover within the
0-75' setback area, applicant must remove 140 s.f. of existing excess
hardcover within the 75-250' setback area.
Jute lit-k;' "I `j -? 4-b
Fcc J W3
Receipt
Initials
r
i
il
CITY OF•�yORO-NO - VARIANCE AP LIGATION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
PROPERTY LOCATION
Site Address -- �' i.. �.�- ., l.1 J �.• _.
Property Identification Number (P. I.D. ) UO //
Please check one - Is the property abstract or torrens?
Attach legal description to application if not included on requkOA.,'844yfy.
------------------------------------------------------------ =�==' =
APtLICANT Phone ( home ) �`/- ff" _'� r-- inn r,rrr
game �7P�' ' i l-�.,•�`�.,-y �i: Phone (work )_.,r i.r. r-- -r`.;
Address: City: zip:
- L
---------------•----------�•-------------�'i,�'' L
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address:
City: zip:
Date Property Acquired �(�/• �l = (month/year)
I (do) do not) also own the adjacent parcels of land.
---------------==------------------------------------------------------
PRESENT USE OF PROPERTY
Present zoning District L_ P-- I C
Present Use of Property
Residentia
Other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail: X D SOPt>t #qe r,4�1-^&JT WAS 21x/o.
----------------X - ---a ------------------` wi1 - N-- - -------------
VARIANCES REQUIRED
Lot Area Lot Width
Setback Variances ( Front Side
Hardcover
Rear)
Other
---------------------------------------------------------------------------
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulaytions:
---------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:
REQUIRED SUBMITTALS
Completed Application Form
Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
Stamped, legal sized envelopes (#10) pre -addressed to each of the
names on the above list with no return address.
4. Certificate of survey including hardcover calculations as required.
Plat Map.
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
---------------------------------------------------------------------------
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
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.
Applicant's Signature . J_�-.�.� Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property bj City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of this regytest.
Owner's Signature Date
--------------------------------------- ------------------------------------
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant is unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your place and to advise the
Building t Zoning Office of this change prior to the meeting.
a
RUN DATE 08/17/87
BATCH 003
38 20-117-23 32 0004
FOP ACDR 02818 CASCO POINT RD
C:".:-cR NAHE ROBERT M EMFIELO i WIFE
TA::PA7'ER DALE R RAASCH
t!-'"r-/ADDR 2818 CASCO POINT RD
WAYZATA ttl 55391
38 20-117-23 32 0008
FROP ADDR 02825 CASCO POINT RD
C:. i-R N.•.ME DAVID J YORKS i WIFE
TAXPAYER DAVID J YORKS
N,`.NF/ADDR '825 CASCO POINT ROAD
l:A;: 4TA M 55391
38 20-117-23 32 0011
FRJP ADDR 02815 CASCO POINT RD
0;:.:--R NAME G 3 C SCANLON
T:.:;P,1YER GENE L CATHERINE SCANLON
/ADDR 2815 CASCO POINT ROAD
ORUNO MN 55391
38 2D-117-23 32 0014
ADDR 02007 CASCO POINT RD
0::;:--R NAME E E KUTTERER 3 R M MUTTERER
7',:J'-YER ERNEST E NUTTERER
t::::E/AOOR 2807 CASCO PT RD
ORM:0 t4i 55391
hENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 32 0005
02818 CASCO POINT RD
ROBERT M EMFIELD t WIFE
DALE R RAASCH
281E CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0009
02821 CASCO POINT RD
R E DEMSHAR t M M DEMSHAR
RONALD i MARGARET DEMSHAR
2821 CASCO POINT RD
DRONO Mt: 55391
38 20-117-73 32 0012
02813 CASCO POIN1 RD
L t M BACHKES
LEONARD R MARY AM BACHKES
2813 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0016
02300 CASCO POINT RD
P FOX - F HERFURTH REAL EST
TH MAS B KING
2600 CASCO POINT ROAD
WAYZATA MH 55391
REPORT NO. PI435401
PAGE 5
38 20-117-23 32 0006
02824 CASCO POINT RD
MIRIAM I JOl1145M
MIRIAM I JOHNSON
2024 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0010
02817 CASCO POINT RD
M B STROM ETAL
W S BRICKLEY i C M BRICKLEY
2817 CASCO PT RD
WAYZATA tN 55391
t !
38 20-117-23 32 0013
02811 CASCO POINT RD
GWEMOLYN C ROSS
GWEN L ROSS
_ .1,
2811 CASCO POINT RO
WAYZATA MN 55391.;�,
TOTAL BATCH 003 00011
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AM TRUE
REPR6SENTATIOU OF INFORMATTCN AS IT APPEARS THIS DATE ON THE RECOROS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST
OF MY Kr4OWLEDGE AIM BELIEF. �I
DATE - f BY
w--
0`QO
( -20�)
G
JAE
0
El
DAVID R. OLSON, M.D., P.A.
METROPOLITAN MLDICAL OFFICE BUILDING
825 SOUTH 8TH STREET -SUITE 316
NIINNEAPOLIS, MN 55404
(612) 339.1771
MEMBER INTERNATIONAL
ARTHROSCOPY ASSOCIATION
MEMBER ARTHROSCOPY ASSOCIATION
OF NORTH AMERICA
TO WHOM IT MAY UNCERN:
Dear Madam:
UIPLOMATE AMERICAN
BOARD OF ORTHOPAEOIC SURGERY
FELLOW AMERICAN ACADEMY
OF ORTHOPAECIC SURGEONS
March 11, 1988
RE: Gene Scanlon
Mr. Gene Scanlon has been under my care since 1976 for his lower
back. He has had multiple injuries to his lower back and at
present does nave degenerative disc disease and arthritis in the
lower back area.
Any significGnt lifting does cause his back to flare up and give
him more problems with back pain. It is my suggestion that he does
limit his lifting as much as possible because of his back condition.
Yo rs trul
D vid R. Olson, M.D.
DRO/vh
1�
April 29, 1988
To: 'Orono Planning Commission
Chair person Kelly
From: Gene and Catheriae Scanlon
2315 Casco Pt. Rd.
Subject: Variance request for deck and secure s orage facility and
rebuilding of steps lost in July 23, 1987, storm
On July 23, 1981, we sustained heavy loses to our property from
the devastating downpour. The retaining walls, a deck, a locked storage
blockhouse, stairs and portions of our dock became a heap of rubble.
None of this loss was covered by insurance.
We went to the Orono City Offices because we had been told, erroneously,
that local municipalit-es would be the administrators for the flood relief
for damages from,, the storm. At that time we'issued permits to clear away
the debris, rip -rap our shore and rebuild the retaining walls to prevent
further erosion of the hill and lake front. We were grateful for the relief
the council provided by waiving fees for those permits and thank them. At
that time, we were informed that a variance request would have to be made to
restore the deck and storage facility. Tie thought that the rebuilding of
the stairway was included in the permits granting the restoration of the
bank and the rip -rap. We have not put in a stairway because the design is
dependent on the granting of the variance request.
The work of clearing the debris, rip -rapping the .:nd re -building
the bank has been completed and inspected. Now the re Lion of the deck
and a secure, adequate storage facility acid the stairs remain to be completed.
In asking you to grant the variance request, we wish you to consider
these pertinant facts:
1.) A variance request was granted in August in 1978 for the
construction of a deck where no previous deck had existed.
The ordinace under wnich our request is being considered
(Ordinance 10-22, Subdivision land 2)was in effect at that
time. The bank had been washed away by a huge storm. The
petitioner did not hardship or loss, but only a desire
to make the lakefr( ore usable and pleasant.
2.) There is no way th a terraces provided can even remotely
be compared to a deck. No children could use them, they
cannot be fenced. No one could sit on them 1•rith furniture
to enjoy the lake. It is our intent to replant and landscape
them. The construction we did was necessitated by the massive
hole created and was never intended to be used as a deck. The
configuration of the retaining walls was necessitated for the
same reason.
r,
3.) It was apparent from tit wreckage that no deadmen were used
to anchot the retaining walls to the *' The new walls have
deadmen and drAn tiles inspected and •-d according to
city inspection specifications. No where i we find a
record of �ueh inspections :raring been & ae the previous
cor.struction. With the extra precautions, the deadmen and
drainage tile::. it should not be necessary for an appearance
before this b-oup for any variance re.,uest of this type.
4.) The bank is approximately 35 teet high. A lock box would not
provide adequate safety for storage because it could be easily
entered witi,out our being aware of it. We propose tc have a
storage area under the deck. We have submitted a plan which
would n,t require anymore hard cover than that whit ;,is been
grantL(I in the permit for terracing the bank.
5.) Enclosed is r, lec-er from Gene's orthopedic surgeon outlining
the lhysical pr- blems it would be for Gene to carry items
needing storage secur.•Lty up the steps to the house.
6.) A market anai—sis, done by Edina Realty indicates that for
comparable p operties with or without a deck, the difference
in tine sale pri+e is approximately $30,000. Since we already
know that the cosC of replacing the t-..tainirit, walls, deck and
storage and steps will equal that figure, if not exceed that
amount, it seems reasonable to assume that it represents a
considerable lessening of the value of our property without
that replacement.
He earnestly request the consideration cf -ors as you review
the variance proposal to replace the devastat tly loss we have
incurs.d from that ,rm.
Sincerely,
To: Jeanne A. Mabusth, Building & Zoning Administrator
Fros: -om. Jacobs, Building & :ire Inspector
Date: July 12, 1988
Subject: #1207 2815 Casco Point Road
Proposed Deck, Storage Area, and Stpirway
I have reviewed the above proposed plans submitted by the applicants.
With exception to the stamped corrections on the plan, the plan meets the
requirements of the State Building Code.
Certificate of Survey
for Gene & Cathy Scanion
in Lot 120, SPRING PARK
Hennepin County, Minnesota
6
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;,S'-ara'
25e'a.,&A
,9,-:N
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NN.eac. t't
O se. p.
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p .,.i+.
des
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1" = 30'
Iron marker
I hereby certify that this is a true and correct represent-
ation of a survey of the boundaries of the described property.
All that part of LOL 120, SPRING IARK and a!I the un-
platted land and that portion of Laiusl,ure Avenue vacateJ
lying between Lot 120 of SPRING PART and the sidelines o:
said lot projected to Lake Minnetoi0 a, !ccordinu to turf.
plat thereof on file or of record i; li.!nnepin Cour;.y,
rf'nnesota, which lies 11orthwesteriy of a line running
,parallel with and distant 5 f?11. uu, thwLsterly from ti,_
Southwesterly line of said Lot and ,hr ?xtensions ther=-
of.
and the location of any existing ouildimis. It does not pur-
port to show any other improvements or ertcr-uachments.
COFFIN & GRONBUG, 'N.r.
MTc�;. Z. -�Gc-
rk—Sir
. 'Fi;i- 12755--
Engineers, Lang Surveynr•, dnd Planners
Long Lake, Minnesota
H
TO: Planning Commission and Council
FROM: Alan P. Olson, Village Planner
DATE; September 5, 1978
SUBJECT: f419 Variance
Michael Farrell, 2815 Casco Point Road
Mr. Farrell is proposing to add a wood deck on top of the lower
terrace of three existing on his bhoreline embankment. The upper
two levels will be planted. The existing stairway will be used.
The lower concrete wall is to be faced with wood. Proposed
deck area is 165 sq. ft.
The terraces were installed following a major washout of the
hillside after the heavy rain this July. The Council approved
an emergency conditional use permit for this work on July 11, 1978.
Variance required: 34.201 setback and 34.202 hardcover
Lakeshore setback required: 75 ft.
proposed: 15 ft.
variance: 60 ft. - 80%
Hardships: existing terrace location and steepness of
the embankment.
PLANNING COMMISSION MEETING - SEPTEMBER 11, 1978
Discussed events behind construction of retaining walls and intention
of placing deck on lower level. Jim Olson, city engineer, stated that
if a spaced wood deck were constructed over a gravel subbase, that
runoff water filtration would be adequate if not better than the
existing runoff. Item tabled to allow site inspection by members
and to allow staff to notify neighbors. To be acted on by Planning
Commission on 9-25-78 and be an the Council agenda on 9-26-78.
PLANNING COMMISSION MEETING - SEPTEMBER 25, 1978
The Planning Commission recommends the variance application,due to
hardship of terrain, be approved for the construction of a deck
15' X 11'. The applicant's plan was accepted but with the following
additions: a gravel base of at least 12", open spaced wood deck
and an undetermined number of plantings be added to the deck level
for visual screening, to contain the soil and provide nutrient
filtration.
A minority opinion was voiced concerning the setting of a r..reeedsat
within the 75 Lakeshore setback.
MINUTES OF A PLANNING COMMISSION MEETING !iELD ON SEPTEMBER 11, 1978
Page 4
Planning Commission also requested review of
the Conditional Use Permit on the Church due to
the change of ownership.
Mr. Farrell was present. Frahm stepped down due
to a possible conflict of interest. It was
noted that due to staff error the neighbors had
not been notified. Discussion was regarding
the events behind the construction of the
retaining walls and the intention of placing
a deck on the lower level. Jim Olson, city
engineer, stated that if a spaced wood deck was
c:,nstrutted over a gravel subbase, the runoff
water filtration would be adequate if not better
than the existing runoff. Hurr moved to table
this item to allow site inspection by members
and to allow staff to notify neighbors. In order
to avoid any delay to the applicant this item
will be on the Planning Commission agenda for
action on September 25, 1978 and on the Council
agenda September 26, 1978. Motion seconded by
Hannah. Vote: Ayes (5), Nays (0). Motion
passed unanimously.
Mr. Anderson was present. The Planning Commission
briefly reviewed the request. It was noted that
due to staff error the neighbors had not been
notified. Hassel moved to table this item to
allow staff to notify neighbors and to provide
the applicant time to furnish a revised plan
for the proposed deck as the plan he had differed
from the plan originally submitted with the
�+ application. McDonald seconded the motion.
Vote: Ayes (6), Nays (0). Motion passed
unanimously. This ite-n will be on the Planning
4 Commission agenda of September 25, 1978 and on
the Council agenda on September 26, 1978.
JURGEN STIELAi
565 Leaf Street
FINAL SURDIVISI(X
(/367) Continued
000
MICHAEL T. FARRELL
2815 Casco Point Rd..
VARIANCE
(#419)
THEODORE ANDERSON
1940 Sbadywood Road
VARIANCE
(f422)
MINUTES OF A PUNNING COMMISSION MEETING HELD ON SEPTDMEr. 25, 1978
Paje 3
2. Installation of required curbing al,3 landscaping A.J. TOURANCEAU
as recommended by the County highway department and 1960 Shoreline Dr.
the City engineer, not to include any additional SUBDIVISION
right of way. (See revised amp showing suggested (04111) Cont.
landscaping areas.) Landscaping tiaetable required.
3. Combination of remaining Tourangeau residential
lots for tax purposes (Lots 7-14 6 20).
4. Closing of one rear station window for building
code requirements.
5. Approval of variances necessary to accomplish
the above.
Motion seconded by Hannah. Vote: Ayes (6), Nays (0).
Motion passed unanimously.
Mr. and Mrs. Farrell were present. Tom Frahm stopped�CHAEL FARE,
down due to a possible conflict of interest. Discus- 2815 Casco Point U.
sion included the actual dimensions, elevations and VARIANCE
tyre of wood proposed to be used for the deck. Mayor (f419)
Van Nest stated that the recommendation of the engineer
did not take into consideration any filtration of
phosphorus. Wilson and Hannah both expressed —acern
about setting a bad precedent. Mr. Farrell atALad that
the plan for the deck had been submitted to both the
DNR and the MCWD, but they did not have any interest
in the deck.
Hammerel moved to approve the variance request due to
hardship of terrain to build a deck 15' X lit, subject
to the following conditions:
1, a gravel base of at least 12" .
2. The deck ue an open spaced wood deck with an
undetermined number of plantings on the deck
level for visual screening and to contain the
soil and provide nutrient filtration.
Motion seconded by McDonald. Vote: Ayes (4), Nays (1)
Abstained (1).
C. St'-ven Wilson opposed on the basis that no physical
hardship was demonstrated and felt it would set a bad
precedent.
%REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 Lleiaae
4
6. Garage on Lot 7, Block 1 and all other build- ZVISION
ings to neat all setback requirements or they 255 Sixth Avenue North
must be moved or removed, (Continued)
7. Park dedication fee due on all platted 1•.3ts.
Council Meeting - September 26, 1978
Mrs. Hollander and Mr. Hauer were present.
Mayor Van Nest moved, Pesek seconded, to approve
the preliminary subdivision request of Mrs. Roy
Hollander, 255 Sixth Avenue North, per the Planning
Commission recommendations of September 11, 1978,
conditioned on the proposed private road being
platted all the way through the division dt this
time, being blacktopped according to the City
Pngineerle approval, either with a cul de sac or
built all the way through without a cul de sacs
an additional 10 ft. of right of way along County
Road Six being dedicated but not to affect any lot
configuration as shown on the preliminary plat,
park dedication fee being paid for the lots in
Phase I, with the remaining lots of Phase II being
paid at a later date; access to Lot 8 shall be by
easement across eith r Lot 7 or Lot 9, to private
road, not directly to County Road Six. Motion,
Ayes (3) - Nays (0)
Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION 0942
Resolution 1942, A Resolution Approving A Condit-
ional Use Permit For Lowell Zitzloff. Motion, Lowell Zitsloff
Ayes (3) - Nays (0).
Mr. Alan Olson, City Planner, entered into the
�.
record the following request of Michael Farrell
2815 Casco Point Road, dated September 5,
VA1CaE
285 Casco Fnint Road
which states: 1978,
i419
Michael Farrell
Mr. Farrell is proposing to add a wood deck on
top of the lower
terrace of three existing on
his shoreline embankment. The
upper two levels
will be planted. The existing &tairway will bs
used. The lower concrete wall is to be faced
with wood. Proposed deck
area is 165 sq. ft.
The terraces were installed following a major
washout of the hillside
after the heavy rain
this July. The Council approved an
emergency
conditional use permit for this work on July 11,
1978.
(Continued)
r'4AS
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1978 S ";
Variance required: 34 -11 setback and 34.202
hardcover
Lakeshore setback required: 75 ft.
proposed: 15 ft.
variance: bo ft, a 80•
Hardship: existing terrace location and steep-
ness of the embankment.
Planning Commission Meeting - September 11, 1978
Discussed events behind construction of retaining
walls and intention of placing deck on lower level.
Jim Olson, City Engineer, stated that if a spaced
wood deck were constructed over a gravel subbase,
that runoff water filtration would be adequate
if not better than the existing runoff. Item
tabled to allow site inspection by members and
to allow staff to notify neighbors. To be acted
on by Planning Commission on September 25, 1978
and be on the Council agenda on September 26, 1978.
Planning Commission Meeting - September 25, 1970
The Planning Commission recommends the variance
application, due to hardship of terrain, be
approved for the construction of a deck 151 X li'.
The applicant's plan was accepted but with the
following additions: a gravel base of at least 121,
open spaced wood deck and an undetermined number
Of plantings be added to the deck level for visual
screening, to contain the soil and provide nutrient
filtration.
A minority opinion was voiced concerning the
setting of a precedent within the 759 lakeshore
setback.
Council Meeting - September 26, 1978
Pesek moved, Butler seconded, to approve the
variance request of Michael Farrell, 2815 Casco
Point Road, per the Planning COMission recom-
mendations of September 25, 1976. Motion, Ayes (3) -
Nays (0).
Mr. Alan Olson, City Planner, entered into the
record the following request for a variance of
Theodore Anderson, 1940 Shadywood Road, dated
` September 1, 19780 which states:
S
V _•
281S Casco Point Aoad
(Continued)
VARIAIM
1940 Shadywood Roes
1420
Theodore Anderson
(Continued)
a 001W s. M•ayod Say. UkamM. N=•Hu&1 ! OMm Tdnbr O&W
Mr. Michael Farrell
2815 Casco Point Road '
Yawata, /
Minnesota 55391
control tfo: e19 • -
XX variance
— conditional an ~wait
_ eubdLWLsioa, P"110..
-- aubdivisiom, •inal 'f
Date of lbtim 4-27 Tom.
Dete of Meeting: September 25, 1978
Votes: 2 Por 1 Against Abstention '
Action:Approvalt As submitted subject to applicable ordinance regnireoents
F XX Approval: Subject to conditions noted
Deferral: Pending receipt of information noted
_ Referral: Review by others, as noted
Denial: For reasons noted
r NOTES i SPECIAL CONDITIONS: Approved variance for construction of aaea
space wood deck provided s minimum 12" gravel subbase be under the deck
and than plants:sgs be aided to the deck level for visual screening and
nutrient filtration.
Qsadlines:XX Variance approval expires one year after the satins data.
Contact building inspector for required permits.
_ Conditional Use Approval Must be reused annually.
_ Expires on
Must be renewed upon ohanse to
t ownership or use.
_ Preliminary Subdivision approval expires alter e yeas of on
meeting date.
Contact Zoning AL`ministration for final plat requiressents.
_ Final Subdivision approval expires 6 =mtba alter meeting date.
Contact Zoning Administration for filing requires:snts and
document approval.
_ Deferred items may be declared forsially witbdrawn if applicant
fails to provide information within one mouth of ="tms
date, or by date specified by Council.
If you desire certified copies of `he official City Counail Minutes, they
are available from the Deputy City Clerk upon review and approval by the
Council.
Io
e.... �». ::r-x•sa: »zr��-.avria
GUIEPAL MnA Ot
-------- 0-09-
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N
Certificate of Survey
for Gene Z' Cathy Scanlon
in Lot 120, SPRING PARK
Hennepin County, Minnesota
�
POP eox,"'t �e
r7AR0 Co vE.Q
\ 4Ce h►ov•ep
SyoR
NgRo Coven
-t'o 4,
Rerewveo a
Ara.►
y1oo��{•• =
9600�p
Naasc..0
o ,a. A.
ti zo o i�•!r. s
Scal 1" : 30'
DaLc ii-31-87, •r•.a N. ran•//.
o leer markrr-
1 hereby certify that this is a true and corr
dtion of a survey of the boundaries of the de
All that part of Lot 120, SPRING PANK do
platted land and that portion of Lal.est.o
lying between Lot 120 of SI'RIIJG PAM ana
said lot projected to Lake Minnetrnta, a
plat thereof on file or of reco-d ii Ii•nn
Minnesota, which lies Northwesterly of
parallel with and distant 'i foet I! j 0%.-
Southwesterly line of said Lot and the L
of.
and the location of any existing ouiidim;s. I
port to show any other improvements or encroa
COFFIN & GRONDEitG, INC.
i+lar—Tc-�G-runTiercl —f. i c . 'FIo: -12
Engineers, Land 5urveyurs and
Long Lakc, 14imiesotd
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To: Mayor Grabek & Orono Council Members.
From: Michael P. Gaffron, Asst Planning & :;oningAdmi�nistrator
Date: July 21, 1988
Subject: #1280 Wendy Weihe, 1376 Baldur Park Road - Variance
Application - Hardcover and structural setbacY variances to construct
additions to existing home.
Zoning District - LR-lC, single fai,_.ly, � acre, severed
List of Exhibits
Exhibit A - Hardcover Summary
Exhibit B - Proposed Site Plan Per Planning Commission Recommendation
Exhibit C - Planninr-onuTission Action Notice Dated 6/21/88
Exhibit D - Memo & '.bits of 6/15/83
Exhibit E - Planning Minutes of 6/20/88 & 6/6/88
Discussion -
Please review the memo and exhibits of June 1.5t,t, '.988. The applicant
is pr-t.osing to construct additions to the existing house which result in a
net c. .-rease in hardcover in the 0-75' .._one f-,-,)m 30.4% ro 30.0%, and a net
decrease in the ?5-250' zone from 49.r% to 38.9%.
Planning Commission discussions on ?his application revolved around
the fact that virtually all of the new construct] .n takes place in the 0-
75' zone, and that the decr24 ,es in hardcover are the result of removing
rock and plastic grade level hardcover areas in exchange for greatly
increasing the structuy Aevelopment on the lot.
t applicant's o �gina1 pror:c ,a1 was re3ected b-., thy.---P4ar my
Ccij.mission, and subsequently the applicant submitted a revised proposal for
which Planning Commission recommended approval on a vote of 6-1. The
minority opinion held by Planning Commissioner Bellows, wFF that even under
the revised proposal, the intensit; of development, including added
structural hardcover on the property. ..is to great.
During this review, staff *,!as . - ti:
to be of the ., inion
that
removal. of an existing upper
level dec
i order to construct
room
additions, in conjunction
with replacer—
- ,',;it deck over - -eas
not
currently in hardcover, is
somewhat excel- ve.
Staft would suggest
that
decrc:jsing tr,e si 7- of the
pr_pose l deck is perhar:s the most appropriate
method to lessen the degree
o: •:visual bulk and
hardcover percentage on
this
unique but sensitive lot.
Staff Recommendation -
The Planning Comniisbion re^ommer-led approval ,f +_he variances co allow
nrw structu e entirely within the 0-75' sett-ack z. ne.- yer the site Flan
attached ar r'iibit B, and recom, .ed approval rr hardcover o- 0.0% in
the 0-75' and 38.9% in the 75-250' %one. Staff feels that the
hardcover ox-rea,3es proposed are appropriate, but would recom-..end ti,
i:ur:ther decreases in the structural portions of the -.r-I osed hardcove•
considered. A re_;u?ution reflecting Council's action ' 1 t,P -,rafteI
your next mectir.a.
;EXHIBIT A
Zoning File #1280
1376 Baldur Park Road
HARDCOVER SUMMARY
Corrected Revised Proposal
Existing 1st Proposal (P.C. Recommendation)
S.F. S.F. S.F.
0-75 _ )
Struct, i 1,313 2,140 2,134
Non-Sti;c_cural 1,011 150 150
TOTAL 2,324 2,290 2,284
0-75' (S.)
Structural 0 0
Non -Structural 958 958
TOTAL 958 958
0-75' (N.&S.)
Structural 1,313 2,140
Non -Structural 1,969 1,108
TOTAL 3,282 (30.4%) 3,248 (30.1%)
5•-250'
Structural 637 722
:ton -Structural 661 455
TOTAL 1,298 (49.0%) 1,177 (44.4%)
Entire Lot
Structural 1,950 (14.5%) 2,862 (21.3%)
Non -Structural 2,630 (19.6%) 1,563 (11.6%)
TOTAL 4,580 (34.1%) 4,425 (32.91)
ZONE AREAS:
0-75' N. =
6,900
s.f.
0-75' S. =
3,900
s.f.
0-75' N.&S.
= 10,800
s.f.
75-250' =
2,650
s.f.
Entire Lot =
13,450
s.'_.
0
958
958
2,134
1,108
3,242 (30.0%)
637
395
1,032 (38.9%)
2,771 (20.6%)
1,503 (11.2%)
4,274 (31.8%)
VII
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ZONING FILE NO. 1280
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7.357 Date of Notice: 6/21/88
TO: Wendy Weihe
1376 Baldur Park Road
Wayzata, MN 55391
TYPE OF APPLICa-STI.ON: Variance
-----------------------------------------------------------
DATE OF MEETING: 6/20/88 VOTE: 6 For 1 Against
Planning Commission recommends the following:
Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
Recommended approval of hardcover and lakeshore setback variances for
revised proposal, subject to hardcover removals which result in final 0-75'
hardca•ier of 30.3% (3,242 s.f.) and 75-250' hardcover of 38.9% (1,032
s.f.). Planning Commission further recommended that hardcover on this
property never be allowed to exceed the square footages approved with this
variance.
Applicant's next scheduled meeting is confirmed as:
Citv Council Jul- 11, 1988; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes,
they are available from the C_ty Recorder after review and approval by the
Planning Commission.
3.
TO: Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
FROM: Michael Gaffron, Asst. Planning & Zoning Administrator
DATE: June 13, 1988
SOBJ: #1280 Wendy Weihe, 1376 Baldur Park Road - Variances -
Second Review
List of Exhibits
A - Revised Floor Plans/Site Plan
B - Revised Exhibit F-5-A (Detailed Hardcover Calc, Revised Proposal)
C - Easement Documents Provided by Applicant's Attorney
D - Memo & Exhibits of June 2, 1988
Discussion -
At your last meeting, Planning Commission tabled this application,
advising applicant to revise the proposal to decrease structural hardcover
and overall hardcover on the property. In addition, staff was directed to
review the easement situation on the property.
Application has provided a revised plan showii_g a decrease in the size
of the proposed addition, and somewhat revising the deck configuration.
The variance for garage to house setback is no longer necessary.
I will review the two issues of easements and hardcover separately:
A. Hardcover
The applicant has revised hardcover percentages downward by eliminating a
portion of the addition between the house and the garage, which is
virtually all in the 75-250' setback zone. They have also reduced the deck
nearest the lake to be 8' instead of 11' out from the house. However, this
results only in a hardcover decrease of 6 s.f. from the first proposal, in
the 0-75' zone.
In reviewing the applicants revised proposal and going over hardcover
numbers again, staff noted that the figures and percentages in the first
proposal were probably slightly incorrect. Those have been corrected (I
think) and the new revised proposal added, yielding the following table:
Total Original Corrected
Hardcover 1st lst Revised
Existing Proposed Proposal Proposal Allowed
0-75' 30.4% 30.0T 30.1% 30.0% 0%
(11. (3282 s.f.) (3244 s.f.) (3248 s.f.) (3242 s.f.) (0)
75-250' 49.0% 46.6% 44.4% 38.9% 25%
(1298 s.f.) (1234 s.f.) (1177 s.f.) (1032 s.f.) (663 s.f.)
As you can see, in the 0-75', there is only a minor decrease in
hardcover proposed, about 40 s.f. from the existing. In the 0-75' and 75-
250' zones, the total hardcover is reduced by about 266 s.f. from the
Zoning File #1280
June 15, 1988
Page 2 of 3
existing, or a removal of about 1/5th of the pre-existing hardcover
percentage in the 75-250' zone.
Regarding structural hardcover, refer to the following table:
Structural Hardcover
Corrected
1st
Revised
Existing
Proposal
Proposal
0-75' (N) 1313
s.f.
2140 s.f.
2134 s.f.
75-250' 637
s.f.
722 s.f.
637 s.f.
0-75' (S) 0
s.f.
0 s.f.
0 s.f.
1950
s.f.
2862 s.f.
2771 s.f.
(+912 s.f.) (+821 s.f.)
This table indicates that in the 0-75' zone, hardly any of the
originally proposed structural hardcover has been eliminated. In the 75-
250' zone, the new proposal eliminates all the previously proposed
additional structural hardcover, leaving only the existing garage.
Since your last meeting, it appears that approximately 51 s.f. of
structural hardcover have been eliminated from the proposal. The current
proposal results in 42% more structural hardcover than exists now.
B. Basement Issue
Regarding the easements on the property, applicant has provided staff
with the 2 documents whi::h are noted as memorials on her Certificate of
Title. The first one is the easement referred to by Bill Franklin who
appeared at your last meeti• g. That easement was granted in 1948 when
applicant's property was sold by its original owner (who also apparently
owned property to the north on the point, and perhaps owned the entire
point). The sellers, Mr. & Mrs. Boxrud, reserved an easement over Lot 20
so that they could continue to access their property on the point.
That easement is described as shown on Exhibit C. That easement is
for "driveway purposes" and would not be excluded from the applicants dry
buildable area for purposes of this application. There is some question of
the validity of that easement given that it does not describe which
properties are benefited by the easement, and only names the people who
are benefited. However, this easement probably has been and will continue
to be in effect to serve the various properties past applicant's property.
Determination of the validity of such an easement is not within the City's
purview at this time.
The second document provided is not an easement as such, but is a copy
of a mortgage agreement between 2 financial corporations, regarding the
sale of Lot 30, Baldur Park, and the description on which describes an
easement over applicants property. Interestingly, there is no document
filed against the title of applicants property that ever granted the
described easement to Lot 30. Because of that, this easement is also of
questionable validity. However, its language also discusses merely an
Zoning File #1280
June 15, 1988
Page 3 of 3
easement for driveway purposes, hence neither of the two easements
discussed in applicants chain of title have a significant effect on thin,
application. They may have a significant effect in the future development
of properties to the north of applicants property.
Note that one of Mr. Franklin's concerns was that applicant would
remove gravel or hardsurface from the area Franklin currently uses for
access to his properties. The fact is, applicant cannot legally reriove
hardcover existing outside her property boundaries, and probably should not
remove hardcover within her property that is used by any easement holders.
The current proposal does not indicate that any removals which wou:id be
detrimental to any potential easement holders are proposed.
Staff Recommendation
Staff notes again that the magnitude cf the proposed decks is of prime
concern. Most of the 3' narrowing of the dsck at the lakeside of the house
was taken up by additional stairway located in the same general area.
Staff would suggest that a deck of no more Lhan 4' in width be allowed on
the lakeside of the house, with the stairway :located to the end of the
house and incorporated into the new deck structure M} that location.
Since the setback between garage and house new does not need a
variance, the requested variances are as follows:
1. Additional structure in 0-75' zone.
2. 30.0% hardcover in 0-75' zone.
3. 38.9% hardcover in 75-250' zone (25% allowedi.
Staff would ag-Ain ask Planning Commission to review Exhibit J, and
note that the revised proposal which requests 31.7% overall hardcover on
the property, is in tre high range of percentages allowed in variances in
similar situations. Pgain, consider the visual and enviromental impact of
this application in relation to the property owners rights.
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GRFGORY 1). (;VSTAFSO\
DANIF:L R. TYSON
1 IU[Ah1 M. FIARICIIT
JOSEPH J. MUM, JR.
SARAN Z. ERICKSON
Gt:STAFSON & TrSO,) P.A.
A")RNF:IS AT I_lkN'
StITFA11
7400 METRO BOI*IY.%'ARD
EDI A. MINNESOTA SU35
TELEPHONE (612) R.9f�7277
June 10, 1988
Mr. Michael P. Gaffron
Assistant Fla -.'ling & Zoning AdminstraLor
City of Orono
City Hall
P.O. Box 66
Crystal Bay, MN 55323
FAX: 612 &W70
Re: Wendy Weihe (Easement Problem Question)
Our File No.: DRT-87-4388
Dear Mike:
I have enclosed herewith photocopies of the easements which appear of
record against Wendy Weihe's property. These easements are filed as
Document No. 2513998 and Document No. 1440581.
After review of the enclosed, please contact me with regard to your
comments.
Sinceiely yours,
GUSTAFSON & TYSON, P.A.
D el R. Tyson
DRT : kay
Enclosure
CC: Wendy Weihe
Irl\JA\ a "I%kf hi
1 1.1•,061
\1()kIf, \ta 1%„1.,&fill, 1+tit Septent vr
.. sass.
Iv t� .;;fi the \Itrl'aFsr. N Rnlc0.1=INAN it4. WRMRATION. A 1`TIWSQ7A C1>ItEr.QItATI(XJ
. therein ••Ilorrowcr"1, and the \Lr19.frer, hill)WNST I F.DIMAL
SA\ IN(;% •\\I1 I)\N \\S(f('L\Ilt)N OI \IINN1:AN)I.IS. a torpa,rJ..nn utyantied and cu.ttng under life law. ,a
fill I'\I111) `,I.;ILS (d AM RICA, wh... v adltc%% i% NIII NICULI.I:r MALL. MINNLAI101IS, \111M.:i0TA
lhct••u• "I cn,ht"I
WHO NO v% Iltrrlh-vr 1. mdehlcd Its Lentler in the pnnclpil .unl 04 .....NJbM'r•AUR. TiW&W AND.N0/100
. ..... . ........................................
1laletl tembcr l 1. * 1781 1).,Ilar%, which indeMcdoc.% 1% eviderwed h) Ilnrtnwcr'% none
Ihercin "Nose"1, Providing ftr ugly Ly�T 111nenr of prinaral and Interest.
UC D 1
w•laI IAe balsnec ,11 the inJctaedne%%, if non ► loncr paid. due and payable err ............ (........................
11r SI t I 111 1r1 Lender la) the rcpaynlrnl al the inJcMednv%s r%IJcn% d h) the Now. with 11 acist iliac% I. Ill,; pa).
mcni ,d all tahrr wn1%. with interest Iherctm. ad%arwed in acctrdance herewith In pnacet the sccurily or this AttrlooQc.
and the performance 4 the coscnant% slid vVicements of Borrower herein ean)ained, and (h) the repay: -writ tit y
future advance.. with 1nlcrel Ihcrrun, made a. Stwwwn by Lemke punusnl hr paragraph 21 hereof (herein "Future
Advance%" 1. 6trrttwcr days herehy ranl and convey Its Lender. with power 4 file, the fulluwing dewribed pnTcrty
located in the Crxlnly tit ......... t�nneP.il............. ................ State of Minnewaa:
---JLD130iBlock 1. 'B�dur Park's according to the reco l� Mr ^f� together with
i t an casement over adjoining pr a r system including septic tank and
drain field, including the right of ingress and egress to maintain and repair said
system. Together writh a nonexclusive easement for driveway purposes over a strip of
land 13 feet in width, the center lira thereof being described as follows:
Commencing at the Northwesterly corner of Lot 20, :dock 1, "Baldur Park"; thence
Southeasterly along the Southwesterly lino of said Lot :0 a distance of 29.9 feet
to the point of beginning of the li,ie to be described; thence at an angle to the
m
left of 132' 10' a distance of 32.18 feet; the, at an angle to the right of 14'
.11 c distance of 47.1 feet; thence at an angle to the left of 14' 53' a distance
of 40.S feet; thence at an (angle to the left of 26' 3S' a distance of 35.47 feet to
a point on the Northwesterly line of Lot 21 in said Block 1 uistant 122.7 feet No•:tll-
easterly of the Northwesterly coiner of said Lot 21; thence ■t an angle to the Ic•ft
of 14 11' a distance -f 212 feet; thence at an angle to the left of 14' 201 a %ais-
tnnce of :1S foot mere or leis to the Southeasterly line cf Lot 31, Block 1, '"Aldur
Park" wid there terminating.
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TO: Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
FROM: Michael Gaffron, Asst. Planning & Zoning Administrator
DATE: June 2, 1988
SUBJ: #1280 Wendy Weihe, 1376 Baldur Park Road - Variances -
Public Hearing
Zoning District - LR-lC Single Family 1/2 Acre Sewered
Application - Hardcover and lakeshore setback variances to
construct major- additions to existing residence.
List of Exhibits -
A - Application
B - Plat Map
C - Property Owners List
D - Letter from neighboring property owner
E - Survey
F - Hardcover calculations by applican_ and staff
G - Plan of existing hardcover to be remc,,led
H - Plan of proposed new hardcover
I - Elevation views of proposed additions and floor plans
J - LR-lC Contemporary variance listing
K - 3982 Preliminary Plat of Baldur Park Point
Pertinent Facts -
1. The applicant is proposing to construct additions to the
existing house, as follows:
a. Construct a second story over existing one story
room addition.
b. Construct an addition between the house and garage
which will include a 3-season porch, storage area,
master bedroom suite, and a turret -type deck area at a
third story level.
C. Remove the existing deck and construct a larger deck
extending westward from the new living room area
created in item (a) above.
2. The entire existing house is within the 0-75' lakeshore
setback zone. The house is currently 28' from the shoreline
of Lake Minnetonka. Virtually all of the proposed additions
will take place in the 0-75' lakeshore setback zone.
3. Staff has reviewed and slightly revised applicant's
hardcover calculations per Exhibits F attached and as
follows (note that 0-75' figures include both north and
south zones):
Zoning File #1280
Page 2
Existing Proposed
0-75' 30.4i 36.08
75-250' 6g,0% 46.6%
4. Although the hardcover does show slight decreases in both
0-75' and 75-250' zones, the applicant's intent is to
increase structural hardcover on the property by half again
as much as now exists. The structural increases are in
additional decks and in additional structure. The
structural hardcover changes are as follows:
Existing
Proposed
0-75' (N) 1,313 s.f.
2,157 s.f.
75-250' 637
709 s.f.
0-75' (S) 0 s.f.
0 s.f.
_
1,950 s.f.
2,866 s.f.
Net Change
+916.s.f.
5. The proposed hardcover removals and additions are shown
on applicants diagrams which are listed as Exhibits G and H.
Note that th existing deck of width 9.4' will extend
approximately :loser to the lake, according to the
design plans. f W, because the existing second story deck
above the west om will become a living room, applicant
is proposing a xpansion to the west.
6. Note that the additional room expansion, where there
currently is no structural hardcover, is between the house
and the garage, where it will have no significant visual
impact from the northerly lake, but will be quite visible
from the west.
7. Applicant is proposing a 5' separation between the new
construction and the existing garage, with the new addition
to be architectur illy attached to the garage by a covered
walkway. From a zoning code standpoint, this would appear
to require a variance to the requirement of 10' separation
between buildings. From a fire safety standpoint, the
garage and the house can be constructed with the appropriate
fire walls so that building code standards can be met.
8. Note that the proposed additions will be constructed to
meet the side setback requirement of 10'.
9. The current structure jutting above the house does meet
the required 30' maximum height limitation.
Zoning File i#1280
Page 3
10. Staff would suggest that this property certainly has
some unique circumstances and hardships, given that it is
sandwiched between two shorelines. This situation occurs
along Baldur Park and along Fagerness Point Road, both areas
in which a number of variances have been granted in recent
years. Attached as Exhibit J is a listing of the variances
that have been granted in recent years in these two
similarly situated and similarly zoned areas. Although
hardships and unique circumstances will vary from
application to application, the information presented should
provide Planning Commission with some sense of the degree or
magnitude of variances that have been consistently approved.
11. A summary of the necessary variances is as follow.
a. 0-75' hardcover.
b. 75-250, hardcover.
c. Additional structure in 0-75' zone, including the
concomitant grading and excavation associated with Such
construction.
d. 5' structure -to -structure setback variance.
Additional Items of Concern - The property owners directly
adjacent to the property, the Keesling's, have submitted a letter
supporting the application, stating that their views will not be
hindered and that the addition would be a beneficial wind block
for their house. Note that the Kecsling roof drainage may tend
to flow somewhat across the applicants yard area. If the
additions were constructed, staff would recommend that he
drainage be allowed to flow to the southwest onto the flat area
of applicants's property to enhance infiltration.
Note also that at applicant's property, the City no longer
maintains Baldur Park Road, and it serves merely as a driveway
serving applicant and the residents at the tip of Baldur Park
Point. It would appear witl- the proposed driveway plan that
applicant could park two carE in the garage and two more cars on
the driveway apron within the property boundaries, without
affecting that continuing driveway. Staff would express the
concern however that, if the property at the end of Baldur Park
Road is developed at some point in the future, the City may
require that a private road outlot be dedicated, with the
potential that public road dedication be required. While this
has not been discussed at any great length recently, a past
application to divide the point into three total lots had
received preliminary approval, with a cul-de-sac directly
adjacent to the applicant's driveway (see Exhibit K). Based on
that preliminary approval, applicant's proposed deck would end up
10' from the edge of the cul-de-sac dedicated for Baldur Park
Road, and a portion of applicant's property would be dedicated
for Baldur Park Road.
Zoning File #1280
'age 4
Staff views this application as similar to the request by Denny
Williams at 1932 Fagerness Point Road in 1985, in which a
relatively small cabin was allowed to be transformed into a
larger residence, located only 26' or so from the lakeshore.
Visually, staff believes this application, if approved, would
generate the same comments and criticism from the public as did
the Williams approval, and generally might be perceived as being
an unusual approval. However, again be reminded that this
property has unique circumstances and hardships that may in fact
provide a basis for some type of approval.
S'-aff would question the appropriateness of the applicant's
elimination of an existing deck over a living space, thereby
necessitating sideward encroachment into the 0-75' zone to create
a new deck. While the raw hardcover percentages show a slight
decrease with this proposal, the structural hardcover increases
as a result of deck space would appear excessive. Staff also
does not find any hardship to justify deck encroaching closer to
the lake than the existing deck, and would recommend that the
deck portion on the lake side of the house be reduced or
eliminated, with a stairway located within the newer deck portion
at the west end of the hosue, if in fact the proposal is
approved. Staff would also note that the sidewalks with this
proposal have been minimized to include just those which are
necessary.
Note that there is no below -grade basement for this house, but
the existing lower floor is used essentially as a basement
currently, and the owner notes it has some water problems. Note
that all new additions must have floor levels no lower than
elevation 932.5 MSL.
Staff Recommendation - Staff would recommend that Planning
Commission review the application in relation to what has been
approved in other similar situations, with an eye toward reducing
the degree of lateral structural hardcover increase, and reducing
to the greatest extent possible the continued encroachment of
decks on the northerly lake side of the house. Also, Planninn
Commission might consider whether the addition of the turret room
above the roofline will perceptually add greatly to the bulk of
the house, and whether its elimination would make this structure
visually less obtrusive; but remember that the Citv has
consistently recommended that additions on lakeshore lots go
upwards, not laterally, and the turret meets the 30' height limit
but is over new structure. The proposal appears somewhat
excessive in hardcover, in relation to past approvals in similar
situations. Planning Commission must consider the rights of the
property owner weighed against the potential detriment to the
health, safety and welfare of the community and the intent of the
LR-lC zoning district.
•?"• / --;?,% C,
CITY OF ORONO - VARTANCE APPLICATION
Initial Application Fee $150.00
($50.00 per each additional var4Ancel k;
Renewal Variance Fee $75.00
(no change from original application)- _
After -the -Fact Fees (Double application fee) WA } in-----------------------------------------------------------
PROPERTY LOCATION ; V.^. t�
;
Site Address( 0 -1� L. �� �;;;', v
VV
Property Identification Number (P.I.D.) �`� ' 117-23'3 �' ��a }"�tT,11�1r1 1,11 r,�.,
rrt�f !1�yt LMVA ,f,,A I A
Please check one - Property abstract or torrens? �'
Attach legal description to application if not included on
required survey.
-------------------------------------------------------�1--------------------
APPLICANT Phone ( home) q- -7 1 --7
Name VA"P Y L- . V) C-- I F-�— Phone (work) 14 + • q 6 9 e-
Address:
--------------------------------------
OWNER (if different than applicant)
Name < r C t I F•
City: %(-Jt%p zip: 7�7 3 f1 j
------------------------------------
Phone (home)
Phone (work)
Address: City: Zip:
Date Property Acquired
(month/year)
I (do) (do not) also own the adjacent parcels of land.
---------------------------------------------------------------------------
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property Residential
Other (specify)
---------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $ D d-z�, v
Describe rec�,uest in detail: (IV IIJ F1o.�Yl� 6P /4a0Al A•"�U L-• Ck
h-T D 171 d N
VARIANCES REQUIRED
Lot A --ea Lot Width (,- Hardcover
Setback Variances ( Front Side Rear)
Other /SAX E lEL-4- IV j SE 77 /P C K Fo/1 /+DO /7'10111 To C k / 5 T,
/f•) ✓��
HARDSHIP
Describe undue hardship or practical difficulty resulting from st ict
enforcement of zoning regulations.
Z G t!-C, i r�P/•ii
---------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual pro erty conditions preventinq compliance with _Zoning
Code Requirements: iT/ �✓�'�� l /�✓ �7� mot- 'mac �
7_2-i/-71 <Tizv.;.
--------------------------------------------------------------------------,-
REQUIRED SUBMITTALS � rG
1. Co,npleted Application Form
2. Certified Property Owners List u. 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 elevations) if any changes
in existing grade are proposed.
6. Plat Map (obtained with property owners list).
7. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
8. Additional items as may be requested by City staff.
---------------------------------------------------------------------------
The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
-------------------------------------- -------------------------------------
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
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.
Applicant's Signature / "� �� �" ' Date
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification".pi this request.
owner's Signature,
j i .'; Date L
----------------------------------------------------------------------------
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
LAKE
):H
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77-t-1
.. y + � 't • ;� ��r? /fir. l ` I S
4tvi
t
RUN DATE 03/18/88
BATCH 006
38 08-117-Z3 31 0002
PROP AOOR 01396 BALOUR PARK RD
CWHER NAME TERRIS M SADLER
TAXPAYER TERRIA M SADLER
1:AME/ADDR 1396 BALOUR PARK RD
WAYZATA MN 55391
38 08-117-23 31 0005
PROP ADOR 01376 BALDUR PARK RD
Ct:NER NAME WENDY L WEIHE ET AL
TAXPAYER WENDY L WEIHE/THONAS B WEIHE
NAME/ADDR AND GWEN E WEIHE
1376 BALOUR PARK RD
WAYZATA MN 55391
38 08-117-23 31 0008
PROP ADDR
O NER NAME WILLIAM J M FRANKLIN
TAXPAYER W?LLIAM J M FRANKLIN
NAME/ADDR E OADWAY SALES
1 00 W BROADWAY
N LS MN 55411
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 08-117-23 31 0003
01392 BALDUR PARK RD
THEODORE W DOER ETAL
THEODORE W BOER
1392 BALOUR PARK RD
WAYZATA MN 55391
38 08-117-23 31 0006
WILLIAM J M FRANKLIN
WILLIAM J M FRANKLIN
BROADWAY SALES
1000 W BROADWAY
MPLS MN 55411
38 08-117-23 31 0009
WILLIAM J M FRANKLIN
WILLIAM J M FRANKLIN
EGOADWAY SALES
1000 W BROADWAY
MPLS MN 55411
REPORT NO. PI435401
PAGE 11
38 08-117-23 31 0004
01384 BALDUR PARK RD
D E V KEESLING J-
DO1'ALO/VIRGINIA h.EESLING JR
1364 BALDUR PARK RD
WAYZATA 11H 55391
30 08-117-23 31 0007
WILLIAM J M FRANKKLIN
WILLIAM J M FRANKLIN
BROADWAY SALES
100. K BROADWAY
MPLS MN 55411
TOTAL BATCH 006 00008
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. I"Q3 I�
DATE 3` BY `'v
I.
North Central Tradin Co &X D
11095 Viking Drive, Suite 410
Eden Prairie, Minne.iola 55344
Phone (612) 944.9692
April 12, 1988
We are signing that we saw Wendv Weihe's house plans and
agreed that she could build it as it is and that it would
be a beneficial wind block for our house. Wendy Weihe's
house will not hinder our view and she will protect our land
from any damage from the construction. We live next door
to Wendy Weihe at 1384 Baldur Park Road, Orono, MN.
Signed: '10 o'�l� YC-(Al
Don Keesling
E;1-k'ti'(
3di* eesling
CERTIFICATE OF SURVEY FOR
WENDY L. WEIHE
IN LOTS 20 and 21, BLOCK 1, "BALDUR PARK"
HENNEPIN COUNTY, MINNESOTA
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l hereby certify that this is a true and correct representation of a :.urvey
of the boundaries of all of Lot 20 and that part of Lot 21, Block 1,
"Baldur Park described as follows:
Beginning on toe meander line at the Northeasterly corner of said
Lot 21; thence Northwesterly on said line a distance of 50 feet to the
Northwesterly corner of said Lot 21; thence `_ ILhwesterly on the Northwest-
erly line of said Lot 21 a distance of 23 feet; thence Southeasterly to a
point on the Southeasterly line of said Lot 21, 66.5 feet Southwesterly from said
Northeasterly corner; thence Northeasterly on said Southeasterly line bb.b
feet to the point of beginning. the location of all existing buildings and a
driveway. It does not purport to show any other improvements or encroachments.
Scale: 1" = 30' CC!r IN & GRONBERG, INC.
Date: 6-26-87 . i"" `<''`""
o : Iron marker found��
o Iron marker set 3 f (-74 erg ego. -7755—
Eng:neer , Land Surveyors, and Planners
Lonj Lako. Minnesota
HARDCOVER REGULATIONS AND WORRSHEET _
A. HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting
the percentage of lot area that can be covered with impervious surfaces ('hardcover')
such as roofs, driveways, aidewalks, etc. on properties located within 1,000 feet of
a lake. Studies have shown that sediments, oils, and debris carried into the lake
from highly urbanized areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED
1. 0-75': in the area within 75' of the lakeshore, No 9ardcover is allowed
(01). -- --
II. 75-2500: in the portion of the lot located between 75' and 250' from the
lake, 251 of that portion of the lot may be hardcovered.
III. 250-5001: in the r- rtion of the lot located between 250' and 500' feet
from the lake 301 of that rortion of the lot may be hardcovered.
IV. 500-1,0001: in the portion of the lot located between 500' and 1,000, feet
from the lake 35 % of that portion of the lot may be hardcovered.
NOTE: These regulations apply even if you have a lot that does not abut the lake but is
within a lakeshore.zoning district.
C. HOW TO DETERMINE LOT AREA WITHIN EACH SETBACK Z017E (To be used as denominator in all
hardcover percentage calculations)
I. 0-75' Zone
Area a 75' x Average width of lot in 0-75' zone)
measure parallel to shoreline J
75' x ft. - G4500 t s.f. (1)
(Avg width) Area of 0-75' zone
II. 75-250' Zone
Area a (1751or avg lot depth in zone) x(Avg width of lot in 75-250' zone)
`` measure parallel to shoreline J
175' x ft. '�.65a s.f. (2)
(Avg width) Area of 75-250' zone
III. 250-500' Zone
Area a (250' or avg lot depth in zone) x(Avg width of lot in 250-500' zone)
`` measure parallel to shoreline J
250' x ft. s.f. (3)
(Avg width) Area of 250-500' zone
IV. 500-1,000' Zone
Area a (500' or avg lot depth in zone) x/Avg width of lot in 500-1000' zone\
measure parallel to shoreline J
500' x ft. Q s.f. (4)
(Avg width) Area of 500-1,000' zone
D. HARDCOVER
CALCULATION
SUMMARY
F-
A.
-.. - _..-----------------------------
B.
C.
D.
E. P.
•-----•-•---•-----•--------.-----..-..-------------..
Existing
Final
- _.
Lakeshore
Existi g
Hardcover
Proposed
Hardcover Allowed
Setback
Lot Area
Hardcover
Percentage
Hardcover
Percentag3 Hardcover
Zone
_-----------
In Zone
----------
In gone
. _ _..-. _-. _
(B/A)x100
------------
In Zone
----------
(D/A)xlOO Percentage
----------- ------------..--
0-75'
' of
�iO<> of
sf
? 1 0 t
75-250'
of
J Zsf
~ "" 1 25 1
250-500'
of
of
t
•
1 30 t
500-1000,
of
of
1
sf
1 35 1
HARDCOVER LIMITATIONS
c
,,L "►`
a 0
gyp` P` o�n
ROA D
E. OTHER LARESHORE REGULATIONS
HARDCOVER INCLUDES:
- Structures with roofs
- Decks, even if slatted
- Sidewalks
- Driveways (paved or gravel)
- Decorative landscaping areas underlain by
plastic sheeting
- Tops of retaining walls, rock walls
- Any other surface that aoes not allow direct
absorptf^.Z cf rainfall into the ground
SEC. 10.22, REGULATIONS FOR "LR-1A", 'LR-IA--!' , "LR-180, "LR-IC" AND "LR-IC-1" ONE
FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within an:. `:,R-W, LR-lA-1", "LR-19", "LR--lC", or
"LR-lC-1" One Family Lakeshore Residential District 'i:1:: following iegula_ions shall appIi.
Subd. 1. Lakeshore Set Back Regulations. �::a set back from the shoreline for
lakeshore lots shall be at least 75 feet and no L:::Iding ma, located closer to the
shoreline than the average distance from 6)!: .,horeline o' existing residence
buildings on adjacent and nearby lots.
Subd. 2. Lakeshore Hard Cover Regulation., .ithin 75 feet of shoreline there
Lha 1 1 be no excavating, filling, hard cover, •-.:r:norary or permanent structures.
Within 75 to 250 feet of the shoreline there cl:: L-i: no greater than 25% hard cover.
wi :hin 250 to 500 feet of the sh, reline there, ;. 1 be no greater than 30% hard
cover. Within 50u to 1,000 feet of the shore!.!..- ire shall be no greater than 35%
hard cover.
Suhd. 3. Tree Removal Regulations. No :••r•fi;thin '75 feet of the shoreline
with the diameter of six (6) inches or more s` :, s: kr r,.•moved without first obtaining
a permit from the Council.
HARDCOVER CALCULATION WORKSHEET
Setback Zone: (circle on 0-75' 75-250' 250-500' 500-1000,
Existing Hardcover in Zone
a. House x - Z2 s.f.
length width
• - s.f.
x s.f.
x - s.f.
x - s.f.
b. Garage x - s.f.
c. Driveway x g;f s.f.
x - s.f.
d. Sidewalk x - I J s.f.
kUl✓ �ttc:rt.
°AVERS x - s.f.
e. Patio/
x
Deck
x
- s.f.
f. Landscape
x
- s.f.
areas
underlain
x
- s.f.
by plastic
sheeting
x
s.f.
x
- s.f.
f. Other
x
- 5 s.f.
KETA IP.
.
WAL_Ls
x
- s.f.
x
TOTAL EXISTING HARDCOVER IN ZONE - O s.f. (1)
Existing Hardcover t - Total Existing Hardcover x 100 '
Lot Area Within Zone
s.f. x 100 - 7 i t
Additional Hardcover to be added in zone:
Item Length x Width -
TOTAL s.f.
F,Lp�:t RDb. x
s.f.
,EC Ke.. x
l ' 7 s.f.
7j x -
s.f.
TOTAL S.F. TO HE ADDED
Y
^ /
('� G � (2)
Existing Hardcover to be Removed, if any:
Item Length x Width -
TOTAL s.f.
_
x -
s.f.
x -
`►O s.f.
x -
=. :J s.f.
TOTAL S.P. TO BE REMOVED
Col
% (3)
Final Hardcover Proposal:
[Line (1) ♦ Line (2) -Line (3))
may.
Existing To be Added To be Removed Final
Proposed Hardcover i -
Line (4) x 100 - S-&s•f• x 100 - _�ZL1
Line (1) l y'rJJ s.f.
HARDCOVER
CALCULATION
WORKSHEET
is r OV.ir
Setback
Zone: (circle
one) 0-75'
250-500' 500-1000'
Existing Hardc ver in
Zone
a.
House
x
s.f.
length
width
x
s.f.
x
s.f.
x
.
s.f.
x
s.f.
b.
Garage
x
•
i
�f S.f.
3 �8 s.f.
c.
Driveway
x
x
s.f.
d.
Sidewalk
x
--
S.f.
x
s.f.
x
_ .
s.f.
e.
Patio/
_ x-'
s.f.
Deck
x
s.f.
o
f.
Landscape
x
S.f•
areas
underlain
x
s.f.
by plastic
sheeting
x
s.f.
x
s.f.
. f. Other x (!;o s•f•
GoAIG . A�/ZoN x S.f.
x . 22���----•• 8.f.
TOTAL EXISTING HARDCOVER IN ZONE _ vJ O S.f. (1)
txi^ting Hardcover 1 • Total Existing Hardcover x 100
Lot Area Within Zone
173 5'0 s.f. x 100
2 C50s.f.
Additional Hardcover to be added in zone:
Item Length x Width
. TOTAL
s.f.
AR4-4)C7. x
o C, q-
s.f.
Cle- x
a 2
s.f.
a�-7-
r2 L Tif /Ni l�i� L.G. x
Z) x
a
S.f.
TOTAL S.F. TO BE ADDED
c2
/
(2)
Existing Hardcover to be Removed, if any:
Item Length x Width
_ TOT t.
G,64 Ve 1,
f1/V �GRF'L
i��HST�G x
s.f.
7-PIP, PVA_�X
=
s.f.
x
=
S.f.
0 TOTAL S.P. TO BE REMOVED �G �- (3)
Final Hardcover Proposal:
[Line (1) 4 Line (2) -Line (3))
[ 3S� . l _7d.f. (4)
Existing To be Added To be Removed Final
Proposed Hardcover t
Line (4) x 100 • / r / S.f. x 100 •-� 7•�t
Line (1) % 351>S.f•
60, Fe- 67 -
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° WENDY L . WE l I IE
IN LOTS 20 and 21, BLOCK 1, "BALDUR PARK"
HENNEPIN COUNTY, MINNESOTA rix�e
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I hereby certify that this is a true and correct representation of a 5
of the boundaries of all of Lot 2Q and that part of Lot 21, Block 1,
Baldur Park"described as follows:
Beginninq on the meander )ilia at. the Northeasterly corner of said
Lot 21; thence Northwesterly on said line a distance of 50 feet to the
�I.F11IF ICAIE OF SURVLY FOR
WENDY L . WE I I IE
INLOTS 20 and 21, BLOCK 1, "BALDUR PARK"
HENNEPIN WI-NTY, MINr1ESOTA
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I hereby certify that this is a true and correct representation of a survey
,,of the boundaries of all of Lot 20 and that part of Lot 21, Block 1,
Baldur Park"described as follows:
Beginning on the meander line at the Northe tc' l f If
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LL1N1Ir ILAIL OF SURVEY FOR
wENDY L. wE111l
INLOTS 20 and 21, BLOCK 1, BALDUR PARK
HENNEPIN COUNTY, MINNESOTA
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1 hereby certify that this is a true and correct representation of a survey
of the boundaries of all of Lot 2Q and that part of Lot 21, Block 1,
"Baldur Park"described as follows:
Beginning on the meander line at the Northeasterly corner of said
Lot 21 ; thence Northwesterl y on said 1 i.nP A rI i r r Anro— ,if s�n fr n* j-, +
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1
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
#1278 TIMM CONTINUED
Gaffron explained the request for an average 'Lakeshore
setback variance and a 75-250' hardcover variance to
construct a deck. He reviewed staff's recommendation
for removal of hardcover to reduce the 75-250' hardcover
to 38.2% from the existing 43.9E and proposed 46.0%.
Mr. Timm stated he had a plan that would reduce the 75-
250' hardcover to 36%.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved ry Kelley, seconded by Johnson, to
recommend approval per staff.'s recommendation of
hardcover removal to 38.2% final 75-250' hardcover.
Motion, Ayes 7, Nays 0.
#1280 WEN'uli L. WEIHE
1376 BALDUR PARK ROAD
VARIANCE
SECOND REVIEW
Wendy Weihe and her architect, Paul Nielsen, were
present for this matter.
Mr. Nielsen reviewed the revised plan which reduces the
structural hardcover. He referred to Exhibit J and the
variance granted at 1432 Baldur Park Road in 1988.
Kelley noted that the revised Flan consists of a net
reduction of hardcover, of which approximately 91 s.f.
is structural hardcover. He found no problem with the
hardcover proposed in the revised plan.
Regarding the easement issue, Gaffron noted that
neither of the two documents on the property's
Certificate of Title have a significant effect on this
application, but may have a significant effect in the
future development of properties to the north of
applicants property.
Mr. Franklin submitted a copy of his warranty deed to
Planning Commission to make them aware of the 45'
easement for roadway purposes which will greatly reduce
applicant's green area when his property is developed.
Mr. Ben Hoag stated he had an interest in the lots on
the point and felt that because of the lack of facts
known by the City, the City should be very careful and
not grant rights and variances to applicant without the
facts being resolved.
i
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
#1280 WEIHE CONTINUED
Kelley felt that the easement issue was for the
property ow—s attorney's to work out and that the
Planning Coi_,ission must deal with the facts as
presented. He noted that the applicants proposal to
reduce the hardcover will benefit the adjacent property
owners.
It was moved by Cohen, seconded by Johnson, to recommend
approval of the revised plan and hardcover variances pe_
staff recommendation, _ubject to no additional hardcover
being allowed on the property. Motion, Ayes 6, Nays 1.
Bellows voted nay finding there is a real difference
between hardcover and structural hardcover, and felt the
plan was far too ambitious for -:his property. Motion
carried.
Ms. Weihe proposed to have a meeting with staff, Mr.
Franklin, and their attorneys to resolve the easement
issue.
#1290 JAMES A. LORENCE
4460 NORTH SHORE DRIVE
VARIANCE/CONDITIONAL USE PERMIT
PUBLIC HEARING 7:45-7:46
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth stated that the applicant has requested that
this application be tabled at this time and the
applicant may formally withdraw the application.
There were no comments from the public regarding this
matter.
It was moved by Johnson, seconded by Kelley, to table
Application #1290. Motion, Ayes 7, Nays 0.
#1291 ALFRED IVERSON
2835 CASCO POINT ROAD
VARIANCE
PUBLIC HEARING 7:47-7:55
The Affidavit of Publication and Certificate of Mailing
were noted.
Mrs. Alfred Iverson was present for this matter.
Mabusth explained the request for a 1.1% (321 s.f.)
hardcover-ariance in the 75-250' setback area to
construct a two-story addition to the existing
structure.
3
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUKE 6, 1988
f1277 BIG ISLAND BOARD OF GOVERNORS CONTINUED
It was moved by Bellows, seconded by Johnson, to
recommend approval of the conditional use per -nit for
phase 2 per staff recommendation9 1-9, subject to the
4'x 8' and 8'x 8' camp signs be reduced in size to meet
the sign standards for commercial sites and be located
75' fro►n the lakeshore and that the 3'x 5' camp rules
sign be placed by the dock. Motion, Ayes 4, Nays 0.
#1278 RON TIM
4496 FORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING
The Affidavit of Publication and Certificate of Mailing
were noted.
There were no comments from the public regarding this
matter.
Due to the absence of the applicant or a representative,
it was moved by Kelley, seconded by Bellows, to table
Application #1278. Motion, Ayes 4, Nays 0.
#1280 WENDY L. WEIHE
1376 BALDUR PARK ROAD
VARIANCE
PUBLIC BEARING 9:01-9:37
The Affidavit of Publication and Certificate of Mailing
were noted.
Wendy Weihe and her architect were present for this
matter.
Ms. Weihe reviewed her request for hardcover and
lakeshore setback variances to construct major additions
to the existing rE ence. She stated that the proposal
is the only alternative to solving the space problem
noting that due to water problems, she cannot make
improvement to the basement area.
Kelley noted that although the plan shows a slight
decrease it both the 0-75' and 75-250' zones, the
proposal involves adding structural hardcover.
Bellows questioned the structural integrity of the
existing structure to support the proposed additions.
MSS. Weihe ^tatedthat that theypurposely
existing
read the structure rccould!
additions out so
support tl:e additions.
Kelley felt the structural hardcover was excessive.
7
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 6, 1988
#1280 WEINE CONTINUED
Ms. Weihe stated she was under the impression that a
hardcover trade-off would be acceptable to allow her to
build her additions.
Johnson felt that the applicants proposed hardcover !
trade-off was consistent with past applications.
William Franklin, owner of Lot 1 adjacent to applicant's
property, stated that he has a legal easement access
across applicant's property and showed the Planning
Commission a survey locating the easement.
Ms. Weihe stated that according to her legal research,
Mr. Franklin does not have a legal easement but has
tried to work with Mr. Franklin regarding this iasue.
She did not feel this issue was relevant to this
application.
Bellows voiced concern with recommending approval of the
variances prior to resolution of the easement issue.
Planning Commission made the following recommendations
to applicant regarding her application:
The structure -to -structure setback must be 10' if
detached, and if an attached garage is built, it must
have footings and a f irewa l 1.
Johnson and Bellows felt the house could be decreases-
slightly to decrease the hardcover.
Moos felt there were many issues to be resolved before
making a recommendation.
Kelley felt the structural hardcover should be reduced. 14
Bellows suggested that applicant find out if the
existing foundation can support building additions
upward rather than outward to create less hardcover.
Ms. Weihe felt that by lcoking at the house, it was
evident that the house could not support building upward
additions. She noted that she is removing a substantial
amount of hardcover which should justify allowing the
proposal.
There were no other comments from the public regarding
thiE -utter. ,
It was moved by Kelley, seconded by Johnson, to table
this application pending resolve of the easement issue
and for applicant to review the proposal based on
Planning Commission's comments. motion, Ayes 4, Nays 0.
I
To:
Frog:
Date:
Subject:
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
Jeanne A. Mabusth, Building & Zoning Administrator
July 15, 1988
#1291 Alfred Iverson, 2835 Casco Point Road -
Ref,=ed Back to the Planning Commission by Staff
List of Exhibits
Exhibit 1 - Nelson Letter 6/15/88
Exhibit 2 - Total Hardcover to be Removed with Revised Improvement
Plan
Exhibit 3 - Original Front/Street Elevation
Exhibit 4 - Revised Street Elevation
Exhibit 5 - Lakeside Elevation
Exhibit 6 - Side Elevation (Garage)
Exhibit 7 - Side Elevation
Exhibit 8 - Gaffron Sketch and Fact Sheet for Determination of Final
Grade Elevation as Relates to Lower Floor - Used to
Determine where Total Height of the Structure is to be
Measured from.
Exhibit 9 - Cross Section
In preparing for the Council meeting of July llth, the reviewing staff
noted the possible need for a height variance (review Exhibit 3). The
second story addition would appear to be a loft area that would have
required the total height of the structure to be included in the height
measurement. Early calculations revealed a possible need for a height
variance. In addition, the second story deck was found to encroach into
the yard area approximately 17' where originally staff had advised that the
deck was completely located over the existing grade level deck. Once
again, the hardcover calculations would have to be rechecked to include the
second ory deck as it became an encroachment by exceeding = 1-1/2' width
at 4'. Staff includes overhangs that exceed a 1-1/2' width with all
hardcover calculations. Staff immediately advised the applicant of the
need to pull the variance request off the Council agenda until staff was
able to obtain additional information from the applicant's consultants.
At the meeting, the consultant or building representative submitted revised
plans (review Exhibits 4, 5, 6, and 7). (The contractor stated that these
plans had been submitted to the City. Staff has checked with the clerical
perRon who receives all submissions of new materials and the clerk advised
that the only second submittals from Randall Construction were the amended
exhibits prepared for the additional hardcover removal prepared for the
Council meeting for July llth. ) Review Exhibits 4 and 9, the street
elevation and the cross section of the three floors. Staff was able to
confirm there was no loft and that the window -like looking features were in
reality, stucco sections/ornamental at the top of the roof.
Zoning File #1291
July 15, 1988
Page 2 of 3
Review Exhibit 8, Gaffron has prepared a sketch and table showing the
calculations to determine the exposure of the lower elevation. If more
than 50% of the lower f loor was exposed, the measurement of the height of
the structure would have to be at the lakeside. If this was the case, the
applicant would require a height variance, specifically a 2' variance -
total height 321. Review Exhibit 5, Gaffron's calculations confirm the
lower level exposure at 43.1% and would require the measurement taken now
from the street level entrance showing a total measurement of 26'6",
requiring no height variance.
Please review Exhibit 1, the question of the need for a height variance
became even more important to staff in light of the neighbor who expressed
concern about the view issue. In the original discussions with the
neighbor, staff never noted the need for a height variance.
Throughout the review, staff noted at the meeting and also in memo form to
both Planning Commission and Council that the master bedroom deck was to be
extended over the existing grade level deck. This proved also to be an
incorrect fact as only a small portion of the upper level deck extends over
the grade level deck. 17' of the 20' deck extends over the natural ground
cover. Both applicant and applicant's contractor never attempted to
correct staff in that assumption nor was there any attempt to correct staff
in the final memo to the Council. In the original set of plans, it
appeared to staff that the second story bedroom addition was to be built
over the new garage addition. This was incorrect. This is why staff kept
noting that only the master bedroom suite upper deck was approved in this
application. The lakeside elevations showed a system of layered decks that
were not accounted for.
As the upper level deck with the 4' width was to be included in hardcover,
staff rechecked the 75-250' hardcover calcuiations against the applicants.
They are as follows:
75-250' setback area 28,319.5 s.f.
Existing hardcover per applicant's applicatio,► 10,864.1 s.f. or 38.4%
Existing hardcover per staff's review = 10,973 s.f. or 38.7%
House/Porch 1,905 s.f.
Deck = 737 s.f.
Tennis Court = 4,786 s.f.
(total court 5,036 s.f. minus 250 s.f. for portions of court in the
250-500' setback area and in road right-of-way)
Walks/Steps = 268 s.f.
Bituminous Drive = 3.277 s.f.
(total drive 3,530 s.f. minus 253 s.f. located within 250-500 setback
area and road right-of-way)
Staf: recommends holding to the 38.4% hardcover total presented by
applicant.
Zoning File #1291
July 15, 1988
Page 3 of 3
Proposed hardcover per applicant's amended plan = 10,864 s.f. or 38.4%
Proposed hardcover per staff's review = 10,847 s.f. or 38.3%
House 3,145 s.f.
Deck 805 s.f.
Tennis Court = 4,786 s.f.
Walks/Steps = 192 s.f.
Bitunimous Drive 1,919 s.f.
Staff confirms hardcover calculations of applicant which appear to include
the upper deck that extends over ground area at 4' x 17' in area.
The applicant's contractor also advised that they were confused with the
Planning Commission recommendation and had assumed that they received
approval for the 39.5% final hardcover calculation and were even more
confused when staff submitted the notice asking for the revised survery
showing the reduction of 321 s.f. of hardcover. Please review Exhibit 2
that reflects both the original hardcover schedule for removal and the 321
s.f. prepared by the applicant's consultant for the July llth meeting of
the Council.
Staff Reco■■wndation
To reaffirm the original approval of the Planning Commission that would
hold the improvement of this property to the existing hardcover within the
75-250' setback area at 38.4% Such removals to be completed prior to the
final inspections by the building inspector for the addition to the
existing residence.
ADDITIONAL COKKMTS AND RBCOKKMDATION
July 21, 1988
Planning Commission Recosufendation -
Planning Commission reaffirmed their origins. approval of the Iverson
application that would hold the improvements to the property at the
existing hardcover level within Llie 75-250' setback area at 38.4%. The
original resolution presented for Council action at your last meeting has
been amended to reflect the new findings. In addition, we have added a
specific condition that would require hardcover removals to be completed
p;ior to final inspection of structural improvements by the City Building
Inspector.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1291
WHEREAS, Alfred & Rosemary Iverson (hereinafter "the
applicants") are the owners of the property located at 2835 Casco Point
Road within the City of Orono (hereinafter "City") and legally described
as follows:
Refer to Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the
construction of a major addition to the existing residence requiring
removal of existing hardcover improvements and the installation of new
hardcover improvements within the 75-250' setback area providing no
increase in overall hardcover but still resulting in an excess of 3,785
s.f. or 13.3% additional hardcover over the allowed 25% hardcover.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1291.
2. The property is located in the LR-IC Lakeshore Residential Zoning
District requiring 21,780 s.f. or .5 acres in area. The property
consists of 36,491 s.f. or .83 acres.
3. The Orono Planning Commission reviewed this application on June
20, 1988 and recommended approval of the proposed variance based
upon the following findings:
a. The additional hardcover created by the proposed improvements
are predominantly located in the area of the property that drains
away from the lake and runs to the street yard.
b. The proposed improvements do not encroach the average Lake-
shore setback line.
c. Hardcover within the 250-500' setback area has been decreased
slightly by .8% or 8.1 s.f.
d. There are no additional adjacent lands available to be
acquired by the applicants.
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicants; and would be in keeping
with the spirit &nd intent of the Zoning Code and Comprehensive Plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based on one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.22,
Subdivision 2 to permit construction of a major addition to the existing
residence resulting in no overall change in the existing hardcover within
the 75-250' setback area remaining at 38.44 or 10,864.1 s.f. subject to the
following conditions:
1. The only deck expansion approved with this application is a second
story deck measuring 4'x 20' that would extend to the lakeshore from
the master bedroom suite. The second story deck will add 68 s.f. of
new structural hardcover ae 41xl7' extends over existing natural
groundcover.
2. All required hardcover removals, as shown on Page 4 of this
resolution, shall be removed prior to the final inspection of the
structural improvements on the property by the Orono Building
Department.
3. Authorities granted by this variance 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 (July 25,
1989).
4. Violation of or non-compliance with any of the terms and
conditions of this variance small constitute a violation of the zoning
code, shal' automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor.
Page 2 of 5
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. 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 agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 25th day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk
Property owner(s)
James R. Grabek, Mayor
Page 3 of 5
� J
I
Resolution No.
EXHIBIT A
LLGAL UESCRIP'f1UN:
Lots 114 and 115, SPRING PARK, includinq that. part of Lake Shore
avenue now vacated, and a tract of land on apposite side of said
Avenue, all lying between the northwesterly line of said Lot 115,
extended southwesterly to the shore of Lake Minnetonka, and the
southeasterly line of said Lot 114, extended southwesterly to the
shore of Lake Minnetonka, according to the map of plat thereof on
file and of record in the office of the Registrar of Deeds to and
for said County of flennepin and State of Minnesota.
That part of Lot 113, SPRING PARK, desrr-ibed as follows: :-mmNncing
at. the most northerly corner of said Lot 113; thence soutteasterly
along the northeasterly line thereof a distance of 48.00 1--et;
thence louthwesto'_-rly paralle; with thcr northwesterly line -hereof
h8.00 feet; thence northwesterly parallel with the northeasterly
line thereof 38.00 feet; thence southwesterly parallel wilt, the
northwesterly line of said Lot 113, and with the southwesterly ex-
tension thereof, to the shore of Lake Minnetonka; thence northwest-
erly along said shore to the point of intersection with the south-
westerly extension of the northwesterly line of said Lot 113; thence
northwesterly to the point of beginning, including Lake Shore Avenue,
vacated and except part taken for public road.
Atoa = 36,491 square feet
14 L:,
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Ai
115
/ J 1 ��r6f
400L-
Page 4 of 5
z
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Lucy and Charlie Nelson
2868 Casco Point Road
Wayzata, Minn 55391
ATTENTION: Village of Orono Planning Commission
REGARDING: Hardcover Variance
LOCATION: Alfred Iversen Property
2835 Casco Point Road
We are deeply concerned that the proposed changes
to the Iversen property will deteriorate the value
of our property by blocking our view of Lake
Minnetonka.
Our home is located across the street from the
Iversen property. We built it so that there would
be a good view of the lake and we feel this view
adds to the value of the property. By adding to
the Northeast end of their property and
constructing a garage where the plans indicate it
will be constructed, our view will be blocked.
I have reviewed the plans on record with the
Village of Orono.
We feel this variance should not be granted unless
it can be demonstrated to us that our view of the
lake will not be reduced.
it
CHARLES F. NELSON ATE
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To: Mayor Grabek & Orono Council Members t�o!.
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 20, 1988
Subject: i1307 Diane & Douglas Merz, 3195 Watertown Road -
Variance - Resolution
Application - Construct a deck within required street yard setback.
Zoning District - RR-lB, 2 acre rural residential
List of Exhibits
Exhibit A - Proposed Resolution
Exhibit B - Revised Deck Proposal Showing Setback From Well
Exhibit C - Notice of Planning Commission Action 7/21/88
Exhibit D - Memo & Exhibits of 7/13/88
Discussion -
Please review the memo and exhibits of July 13th, 1988. Applicants
are proposing to construct a deck which technically is located less than
the 50' street setback from Leaf Street. This deck will replace a similar
deck that existed along the east side of tt f- house, and wi 1 1 incorporate an
additional 6' wide deck along the northeast: end of the house.
Planning Commission reviewed this application at their July 18th, 1988
meeting and unanimously recommended approval of the setback variance,
finding that the deck will have no effect on neighboring properties and
will have no negative effect on the neighborhood. That recommendation for
approval was conditioned on applicants submitting a revised proposal that
maintainh the 3' setback to the well for maintenance purposes. That
revised plan has been submitted. In addition, approval would be subject to
applicants obtaining the appropriate building permit and complying with all
Building Code requirements.
Staff Recommendation -
Staff recommends approval per the attached resolution, per the
Planning Commission recommendation.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
A VARIANCE TO
NUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B)
FILE i1307
WHEREAS, Diane and Douglas Merz (hereinafter "the applicants")
are owners of the property located at 3195 Watertown Road within the City
of Orono (hereinafter "City") and legally described as follows:
Lot 1, Auditors Subdivision No. 230, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the
construction of a first floor level deck and railing located less than the
required 50' street yard setback from Leaf Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1307.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on July
18, 1988, and recommended approval of the proposed variance based upon
the following findings:
A) The proposed deck will be approximately 11' from the west
property line abutting Leaf Street at its closest point. Due to
the location of the existing house entirely within the 50'
required street setback, it is impoesible to attach a deck to the
house without the need for a variance.
1
B) The proposed deck replaces an existing deck which was removed
due to its poor condition. The proposal includes an additional
deck at the north end of the house which was not previously
existing.
C) The proposed deck will have absolutely no effect on
neighboring properties, and will have no negative effects on the
neighborhood.
1 D) Construction of the deck was commenced without a permit, and
the applicants stated th9t they did not realize that a permit was
required to merely replace the existing deck.
Page 1 of 4
I
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this
property nre 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 applicants; and would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDE,1 AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variar.c,a to Municipal Zoning Code Section
10.28, Subdivision 5 (B) to permit the construction of a first floor level
deck and railing located 11' from the si -'.e street lot line adjacent to Leaf
Street where a 50' setback is normally required, subject to the following
conditions:
1. Applicants shall revise the deck plan to maintain a 3' setback to
the existing well as required by State Well Code.
2. Applicants shall obtain a building permit and comply with all
Building Code regulations regarding deck construction, including any
changes to the completed ror-tion of the deck, that may be deemed
necessary by the Building Inspector.
3. Authorities granted with this resolution run with the property note
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 (July 25,
�989).
4. 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 terming any authority granted
herein, and shall be punishable as a misdeme• .,r.
5. The u. rsigned applicants have read, understood and hereby agree
to the tei-ne of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Adopted by the Orono City Council on this 25th day of July, 1988.
ATTBSTs
Dorothy M. Hallin, City Clerk James R. Grabek, Mayor
Property Owner(s)
!e
Page 3 of 4
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APPLICATION NO. 1307
CITYOF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 7/21/88
---------------------------------------------------------------------------
TO: Diane & Douglas Merz COPIES:
3195 Watertown Road
Long Lake, MN 55356
TYPE OF APPLICATION: XX Variance
------------------------------------------------------------
DATE OF FETING: 7/18/88 VOTE: 6 For 0 Against
Planning Commission recommends the following:
X Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
1. Revise deck plan to leave a 3' setback to the well (revised layout
submitted at Planning Commission meeting is acceptable).
2. Obtain a building permit and comply with all Building Code regulations
regarding 3eck construction, including any changes to the completed
portion that may be deemed necessary by the Building Inspectors.
Applicant's next scheduled meeting is confirmed as:
City Council July 25, 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
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 13, 1988
Subject: #1307 Diane and Douglas Merz 3195 Watertown Road Variance
Public Hearing
Application - Construct a deck within required street yard setback.
Zoning District - RR-1B, 2 acre rural resiapntial
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Sur ay
Exhibit E - Proposed Deck Plans
Exhibit F - Staff Sketch of Deck Proposal Showing Relationship to
Roads
Pertinent Facts
1. This is a corner lot and has frontage on both Watertown Road and Leaf
Street. The RR-lB zone requires a 50' structural setback from a side
street. The existing house, which has been there for many years, is
located approximately 1' from the west property line, and the proposed deck
structure will to approximately 11' from that lot line at the closest
point.
2. Because the deck structure requires a railing, the deck does not meet
the intent of the non -encroachment st--`ion, and must meet the required
setback.
3. The applicant notes that this deck replaces an existing deck which
they have recently removed due to its roor condition. There is very little
evidence to suggest the size of the pie -existing deck, however, there are
no nail holes or evidence that- the deck ever was wrapped around the house
to the north side. Perhaps the applicant can provide pictures to show what
that existing deck looked like.
4. The proposed deck is laid out to keep only a 1' setback from the well,
where a 3' well -to -structure setback is required. If '` s deck is
approved, it must be reaesigned to meet that 3' setback requ __!-•. t.
5. Construction on this deck was commenced without a permit, and was red -
tagged by the building inspector. According to the inspector, the
applicants stated they didn't realize a permit was required to replace an
existing deck.
o. It is staffs up?r'nn that this deck will havf- absolutely no effect on
neighboring propert�Y�. �:nd will have nu negative effe.ts on the
r
Zoning File #1307
Page 2 of 2
neighbonccod. The majori.ty of the deck is behind the two front lines of
the house, with only the 20' by 7' portion on the north end being nearer
Watertown Road than the house. The house itself is 21' from the paved
portion of Leaf Street, sits above the road -,pproximately 6' to 81, and is
screened by existing shrubs and a larqe pine tree.
Staff Recommendation
Not withstanding the fact that work was commenced without a building
permit, staff feels that this deck is an appropriate addition to the
property and will have only positive effectb on the neighboring properties.
Therefore, staff recommends approval subject to the followi::g conditions:
1. Revise deck plan to leave a 3' setback to the -iting well.
2. Applicant to obtain a building permit and comply with all
building code regulations regarding deck construc on, including any
changes to the completed portion that may be deemed necessary by the
building inspectors.
P.C. 7- t s- B 3 "T r�►� -r-O
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a 46vLT Yore - G
CITY OF ORnNO - 'VARIANCE APPLICAT
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Initial Application $150.00
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($50.00 per eacl. .rld� T-ional v ance
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Renewal Variance Pet- %7,.00
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(no change from or.Lginal application)
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After -the -Fact Fees � Doubie application tee)
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PROPERTY LOCATION
�. 6� }
%1W 1 r uv 1
Site Address
Property Identification Number (P.I .D.)
Please check one - Property abstract or torrens?
Attach legal description to applicat )n if not ircluded on
required survey.
------------------------------------------------------
--APPLICANT Phone (home)
Name 01 ,,L l)( Is -,re 'r L � _ Phone (work)
Address: s(�(5 1..�'��1a✓�CiC� City: Zip: n'1
AJ
OFiNER (if different than applicant) Phone (home)
Name c- a ✓n Phone (work)
- -�—
Address: City:
Date Property Acqui ed _
Zip
(month/year)
I (do) (do not) also own the adjacent parcels of land.
--------------------------------------------------------------- -------------
PRk-2xsNT USE OF PROPERTY
Present Zoning D4 strict
Present U%e of Property
t-- Residential
Other (specify)
-----------------------------------
DESCRIPTION OF REQUEST
Estimated Construction Cost $ 1t",
Describe request in detail:
VARIANCES REQJIRED
Lot Area Lot Wi6th
Setback Variances
Other
Side
Hardcover
P.2ar )
HARDSHIP
Describe undue hardship or practical difficulty res t ng from str4.ct
enforcement of zoning. ulation r -
'7 / 1 l ,
- - - - -y '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual props rt conditions re-.:zntin, ,ompliance wi�h Zoning
Code Require nts : ,1 1'
REQUIRED SUBMITTAL.'
1. Completed Application Form
2. Certified Property Owners List of owners within 150' lyou must obtain
this list from Hen-apin County Department of Finance A*-6U3 Govt Center
348-3271).
3. St. -ed, legal sized envelopes (#10) pre -addressed to each of the
nas . on the above list with no return address (use address �ls
obtained with property owners list).
4. Certificate of survey including ardcover calculations as required.
5. Topographic survey (existing a.: proposed elevations) if any changes
in existing grade are proposed.
6. Flat Mal, (obtained ;,i.th property owners list).
%. As an addendum to this application, please attach a separate lint c-
any other pergonrs you wish notified of this application.
8. Additional itzins as may be regnestej by City staff.
--------------------------------------.--------------------------------.-----
The Applic.r and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
------- -----------------------------------------------------------------
Certifi -..on by Zoninq Department that Variance Application is complete.
toning Official's Signature Date
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information r.-quired or
requested by the Zts,-;ing Administrator, agrees to pay all fees and/ot
unusual expenses Inc --,gyred 1 view of this application, and certif;.es that
the information supplied true and %orrc: to the best of his/her
knowledge. .
Applicant' b Signata.-� _ ��� r Date
OWNM SIGNATIA!,A
The owner hereby ackowledges and at?rees to this application and further
t4uthorizes re.3sonable entry onto L! propert- by City staff, consultants,
agents, Commission members, and members f f r purposes of investiga-
tion and verification o� this reque .
i ,
Owner's Signatures {_' �C d !i -- Date =_'� ------
_---
-•--------------------------------- ---- ---...
Applicant - must - have all sub ittals into t e City officF clays before the
Planning Commission Meeting. Planning amiss cn Meet are held rn the
t.lird Monday of each month. Applican' gust.: Le pres .,t all. scheduled
review meets -,Ts of the Planning CL mmission and Council. . f ar; . _:plicant i :,
sable to at_ ,e nd a scheduled me ' ng, please make arrangemen~ to have ; t
thorized agent attend in your v., .-a and to advise the Building 6 Zoning
.:ice of this ci an4e prior to the maeting.
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Property Owners List for 3195 Watertown Road - Application #1307, Diane a
Doug Herz
04-117-23 22 0004
Shirley Hall
80 Leaf Street
Long Lake, MN 55356
05-117-23 11 0005
E C Graham Jr
95 Leaf Street
Lon? Lake, MN 55356
04-117-23 22 000X %
Nancy Thayer
25 Cygnet Place
Long Lake, MN 55356
04-117-23 22 0008
Diane Koepke
65 Cygnet Place
Long Lake, MN 55356
05-117-23 11 0001
Carl Rhame
3245 Watertown Road
Long Lake, MN 55356
32-118-23 44 0001
Carol Senn
940 Brown Road South
Wayzata, MN 55391
33-118-23 32 0001
Dr. Harold J Panuska
670 Southdale Med Bldg
Edina, MN 55435
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To: Mayor Grabek & Orono Council Memberst`;)
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 20, 1988
Subject: 11308 Robert Owens, 1700 Bohns Point Road -
Variance - Resolution
Application - Replace existing deck with similar deck of approximately same
square footage. Variance required is for hardcover in 75-250' zone.
Zoning District - LR-lB, single family, 1-acre, sewered
List of Exhibits
Exhibit A - Proposed Resolution
Exhibit B - Planning Commission Action Notice of 7/20/88
Exhibit C - Applicant's Letter of 7/15/88 & Photographs
Exhibit D - Memo & Exhibits of 7/15/88
Discussion
Please review the memo and exhibits of July 15th, 1988. The
applicant experienced storm damage during the 1987 super -storm and during
repair of the damage, had to remove the stairs from his existing deck in
order for equipment to pass. In removing that stairs, it was found that
carpenter ants had infested the deck, and it ultimately had to be replaced.
Applicant's landscaping contractor designed a replacement deck of slightly
different shape but approximately the same square footage as the original
deck, and constructed it without permits while the applicant was on
vacation. Currently the deck has no stairway or railing.
The property contains about 3% hardcover in the 0-75' zone and 36% in
the 75-250' zone. The replacement deck results in a slight decrease (4
s.f.) of hardcover in the 75-250' zone. There is no additional variance
necessary since that deck is about 90' from the shoreline and meets the
required side setback.
Planning Commission reviewed the item at their July 18th, 1988
meeting, and unanimously recommended approval, finding that the hardship in
thi3 case is that the proposed deck is merely a replacement of the existing
and that replacement was necessary due to a carpenter ant infestation. As
staff noted in the July 15th memo, the majority of the landscaped areas
underlain by plastic are necessary to protect the foundation, hence staff
finds no easy way to reduce existing hardcover below 36%, and Planning
Commission did not feel a reduction was necessary under these
circumstances.
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 VARIANCIN TO
KUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE #1308
WHEREAS, Robert Owens (hereinafter "the applicant") is the owner
of the property located at 1700 Bohn's Point Road within the City of Orono
(hereinafter "City") and legally described as follows:
Exhibit A, attached, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 2 to permit the
replacement of an existing deck which contributes to hardcover in the 75-
250' lakeshore zone in excess of the 25% hardcover normally allowed.
NON, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1308.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on July
18, 1988, and recommended approval of the proposed variance based upon
the following findings:
A) During the necessary dismantling of the previously existing
deck stairway in order to make repairs to the lakeshore
which was damaged during the 1987 super -storm, it was found that
the pre-existing deck was infested with carpenter ants and was no
longer safe for use. The applicant's contractor subsequently
designed a replacement deck of similar square foo-cage and
slightly different shape and commenced construction without the
required permit.
B) The replacement deck comprises of approximately 400 s.f. of
hardcover and is located 90' from the lakeshore, 10' from the
side lot line, and behind the average lakeshore setback line.
The only variance needed for approval of this deck is for
hardcover in the 75-250' zone.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
C) Replacement of the deck results in a 4 s.f. decrease in 75-
250' t ardcover on the property with a pre-existing and proposed
75-250' hardcover of 35.7%. There is no hardcover on the property
which could be easily or appropriately removed to reduce this
hardcover percentage.
4. The City Council has ccnsidered 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 c,)nditions 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
Based upon one or more of the findings noted above, the Orono
City Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subdivision 2 to permit the replacement of a 408 s.f. deck with a
404 s.f. deck that contributes to the 35.7% hardcover in the 75-250'
lakeshore zone where only 25% hardcover is normally allowed, subject to the
following conditions:
1. Applicant's contractor shall obtain the appropriate building
permit for the construction and shall comply with all building code
regulations.
2. Hardcover on the property shall be limited to 35.71 in the 75-250'
zone, as follows:
House
Garage
Driveway
Sidewalk
Deck rk Stairway
Landscape Areas
(underlain by
TOTAL
2,730
s.f.
625
s.f.
2,225
s.f.
136
s.f.
404
s.f.
1,35'
s.f.
plasti,:)
------------
7,272 s.f. (35.7%)
Page 2 of 4
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
Applicant is advised that no future hardcover will be approved for
this property and any proposal to add hardcover on the property might
be approved only in conjunction with concurrent removals of existing
hardcover resulting in no hardcover increase.
3. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
1hpplication for a building permit within one year of the date of
Council approval, or this variance will expire on that date (July
25, 1989).
4. Violation of or non-compliance with any of the termiR 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.
5. 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 25th day of July, 1988.
ATTEST:
Dorothy M. Hallin, City Clerk
Property Owner(s)
James R. Grabek, Mayor
Page 3 of 4
ZONING FILE NO. 1308
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date -- Notice:------8
-------------------------
TO: Robert Owens COPIES TO:
1700 Bohn's Point Road
Wayzata, MN 55391
T=pE OF APPLT^-ATION: Variance
------------ -------------------------
DATE OF MEETING& 7/18/88 VOTE: 6 For 0 Against
I
Planning Coa ission recos ends the following: Approval subject to
conditions noted below
NOTES AND SPECIAL CONDITIONS:
I A,;P licant must obtain building permit (applied for) prior to
completion of the deck.
Applicant's next scheduled meeting is confirmed as:
City Council Monday, July 25, 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.
ROKRT H. OMENS
1700 Bohns Point Road
Wayzata, Minnesota 55391
July 15, 1988
Zoning Department
City of Orono
1335 Brown Road South
Crystal Bay. Minnesota
55323
RE: VARIANCE APPLICATION
Gentlemen/Ladies:
In my letter of June 30, 1988 concerning my Variance Application I reviewed the
problem of carpenter ant infestation of our original deck which required demol-
ishiny and replacing it. Enclosed is a picture which shows the original deck
and stairs described in my letter.
Also enclosed for your information is a picture showing part of the devastation
of the shoreline which has now been restored at a cost of approximately $60,000.
I should also point out that the shoreline prior to the storm was partially
covered by slabs of field stone to help stabilize it. Also, there was a field
stone patio at the lakeshore of approximately 8' x 12'. All of the field stone
rip -rap and patio was done by previous owners.
Sincerely.
WL
! {' r�•j/I\ �.YJ- � �,� • � `ram
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 15, 1988
Subject: #1308 Robert Owens, 1700 Bohns Point Road - Variance
- Public Hearing
Application - Replace existing deck with similar deck of approximately same
square footage. Variance required is for hardcover in 75-250' zone.
Zoning District - LR-lB, Single Family, 1-acre
List of Exhibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Survey with Staff Notations
Exhibit E - Letter of Request from Applicant
Exhibit F - Neighboring Property Owners Notificaticn
Exhibit G - Hardcover Calculations
Exhibit H - Proposed Deck Plan
Exhibit I - Applicant's Deck Plan with Notes Showing Relation to
Originally Existing Deck
Pertinent Facts
1. Hardcover in the 75-250' zone is currently at 36%. This is not a
change from what was pre-existing. In the 0-75' zone, which includes a
patio and a stairway, hardcover is at about 3.2%. The applicant sustained
severe damage to his property dLring the 1987 "super storm", and is in the
final stages of completing restoration.
2. As part of the restoration, applicant had to remove the stairway from
the existing deck in order for equipment to move past the south side of the
house. As his letter indicates, removal of the stairway revealed that the
deck had been infested by carpenter ants and was structurally becoming
unsafe. To that end, the existing deck was removed and it was replaced
with a similar deck in essentially the same location and of the same square
footage, but skewed slightly to give it some character and to blend in with
the contours. It was at this stage, where *' deck is complete but the
stairways and railings have not been constructed, that staff became aware
of this deck replacement and advised the applicant that such replacement
technically requires a variance because the property exceeds the 25%
hardcover limit in the 75-250' zone.
3. Exhibit I submitted by the applicant indicates the location of the
previously existing deck and the new deck, and shows the location of the
stairways associated with those decks. Note that the new deck extends 4'
closer to the lake, but is still more than 90' from the shoreline. The new
deck itself is 10' from the side property line, with the stairway
approximately 7' from the line at its closest point. Note that the
topography gets higher as you move toward the Anderson house. This. new
deck will not encroach on an average lakeshore setback, and does not
encroach on any side yard setback since the stairs are a non -encroachment
and the railings that are locates: less than 10' from the property line
extend no higher than a 3-1/2' fence would. The applicant notes that the
new deck is 4 square feet less hardcover than the pre-existing deck.
4. Staff has reviewed the hardcover on the site and finds that the
landscape areas underlain by plastic generally are near the west side of
the house where that plastic helps to prevent drainage directly into the
basement wall area. It would seem appropriate to allow this hardcover to
remain. Staff would also note that much of the shrubbed area that has rock
underneath is underlain by porous fabric which staff does not consider as
hardcover.
Discussion
It appears that the contractor doing the storm damage repair did not
realize the need for a permit to replace the existing deck with a deck
similar in size. Mr. Owens presumed that the contractor had taken out
whatever permits were necessary. The applicant has been very cooperative
with the City in providing the necessary information for this application
and has been working with st >ff and the city engineer during the various
phases of restoration.
Staff Recommendation
Finding that hardcover is not + 'L.ased by this rebuilt deck, staff would
recommend approval of a hardcover variance to allow continuation of the 36%
hardcover in the 75-250' zone.
CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $15n n0
($50.00 per each additional v ce)
Renewal Variance Fee $75.00
(no change from original appli ion)''" '
After -the -Fact Fees (Double application fee)
-----------------------------------------------------------
PROPERTY LOCATION
Site Address 1 q 00 PO l N T IZO a�
Property Identification Number (P . I. D ._ 23 — Z2 OQQ3
Please check one - Property / abstract or torrens? V1 L%Jl
Attach legal description to application if not included on
required survey. ''` rc•-- `"' `'�
--------.-- -----------------------------��.... ._
APPLICANT Phone ( home) 4'1 L
Name _ Og�'�� • �WLt"�S Phone (work) 6 b
Address:1100 G44t,� RS1r-L7' OW City: W! Zyn Q Zip:s�391
---------------------------------------------------------------------- -----
OWNER (if different than applicant) Phone (home)
Name ��/"t t Phone (work)
Address: City: Zip:
Date Property Acquired -r-� Q)'V . 9 6 2- (month/year)
-----I (do) do not also own the adjacent parcels of land
.
-------- ------- ---- ---- --------- -------- ---------
--------------
PRESENT USE OF PROPERTY
Present Zoning District L 1
Present Use of Property S 1-T,4QD E P)cl� t- y _ Residential
- Other (specify)
t;-------------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $ !n0
Describe rp quest in detail: L�•C_F
P4'46 GZS$6211-T- I,CaLL- / 1)E3712 9 \/6tn -Tb CC p M usi4 r v 1 1 �'
-------------L--------- -------------------------------------------------
? VARIANCES REQUIRED
Lot Area Lot Width Hardcover
Setback Variances ( Front Side Rear)
i Other RSP L4r-6- W ,-rt-A Jk�w t)6CX-- Or- f*'J �E3+4iP�Lg
'k ovlxzbate,,
O 1'����-� o c� } aaQ,4c-�e C4.o"
I
HARDSHIP
Describe undue hardship or practical di:' culty resulting from strict
enforcement of zoning regulations:---------------------------------------------------------------------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions
Code Requirements: s�—L
preventing compliance with Zoning
REQUIRES SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
f H in County Department of Finance A-603 Govt Center
this list rrm ennep
348-3271).
3. Stamped, legal sized envelopes (i10) pre -addressed
names on the above list with no return address !use
obtained with property owners list).
4. Certificate of survey including hardcover calculations
5. Topographic survey (existing and proposed elevations)
in existing grade are proposed.
P1 t Ma (obtained with property owners list).
to each of the
address labels
as required.
if any changes
6. a p
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 is true and correct to the best of his/her
knowledge.
Applicant's Signature Date 2
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature /1 ;4 Date (0 y'
Apolicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the nuilding & Zoning
Office of this change prior to the meeting.
w.
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Property Owners List for 1700 Bohns Point Road - Application 11308, Robert
Arens
16-117-23 22 0001
Thomas & Connie Sween
1600 Bohns Point Road
Wayzata, ME 55391
16-117-23 22 0002
David a Diane Dunlap
1640 Bohns Point Road
Wayzata, ME 55391 j
16-117-23 22 0004
D a S Anderson
1720 Bohns Point Road
Wayzata, ME 55391
16-117-23 22 0005
Terry & Julie Feldmann
1725 Bohns Point Road
Wayzata, ME 55391
17-117-23 11 0001
T Denny Sanford
430 Oak Grove St Suite 200
Mlps., ME 55403
17-117-23 11 0002
J M Dayton & E J Dayton ;
1655 Bohns Point Road
Wayzata, ME 55391 i
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f � ipd�tA45rawe •-.�; vt�ct� \vv
f5 3-3
tern National Bank, t this is a true and correct representation of a survey of the boundaries of:
• 349, Herwwptn Coun , Mtmeeota^ described as follows: Comn•+encing at the point of intersection
dtvtMa+ No. 349 and diviabv line between Lots 3 and 4 in Said Subdtvtsion; thence Southeasterly
race, of 114.65 feat to'_ ' angle point in said d:vtdtnp ltna. said polnt bong the actual point of benimtnn
AZOAD r
4&27 Y-)
0 OT T
.. ...... 90
N, AV.
a ErWe'CIV LOTS
AN, 'Pell
,OR1 VE WA Y EASEMENT::
o - Denotes iron rrxvxwmnl Found
3,
4e0 - 29, 500 S?uLrL, feet
-eby certify tb&Paul S. Garcit, Jack Crocker and Northwestern National Bank, that this is a true and correct rep"
That part of Lot Three (3). in "Auditor's Subdivision No. 349, Hennepin Coup Minr-*Wta' described as follows
of the SoutheasUrly line of Lot 11 in said Auditor's SubdtvWcn No. 349 end dividkV line between Lots 3 &rm
along the dtvtdUV Itne between said Lots 3 and'4 a dtatance of 114.65 feet to' WVIO Point in said d-vtding Jim
im
ROBERT H. OMENS
1700 Bohns Point Road
Wayzata, Minnesota 55391
June 30, 1988
Zoning Department
.AL _ 51988 D
City of Orono 0
1335 Brown Road South ,
Crystal Bay, Minnesota 55323'> t ►� lr
RE: VARIANCE APPLICATION !
Gentlemen:
This letter will provide additional information concerning my Variance
Application dated June 24, 1988, which you have received.
The chain of events began with the extensive storm damage repair project covered
by Orono Permit Number 000766. To obtain access to the storm damaged lakeshore
for heavy earthmoviny equipment and trucks, the existing deck had to be par-
tially dismantled. (The existing deck was built by Rebers Construction Company
as part of a major expansion for Paul Gerot in 1966.)
In partially dismantling the deck it was found to be so infested by carpenter
ants (large black ants) as to be at risk of collapsing. We had no choice but to
tear it down and rebuild it.
The contractor doing all of the storm damage repair, Outdoor Environments, Inc,
proceeded to tear down and then rebuild the deck. They drew plans for a deck
shaped somewhat differently but not involving more hard cover or encroaching
further on the adjacent property line. (See the enclosed drawing.) Obviously,
they failed to take out a separate permit for this work.
The entire orientation of the house is facing the lake. The living level is at
the second level on the lake side. Access to the outdoors and the lake is
through sliding glass doors opening on the deck.
The new deck could be removed and rebuilt exactly as before, but this would be
quite costly and not reduce the hard cover.
We respectfully request approval of this Variance Application.
Sincerely,
Adjacent Property Owners' Acknowledgement Pore
I (we) lS 1� ji�1 of 2c) 4f-4g
print names [print address
have reviewed the plans for the proposed improvement or proposed use of the
property located at r l oo 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. /
Proparty Owner
Property owner
Date
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.
1�
0
D. HARDCOVER CALCULATION SUMMARY
..._....-..-...........-w---_-....
_ .........
Existing
-..�..----------
Final
_..-
-. _...r..
Lakeshore
Existing
Haru-zv;,=
Proposed
Hardcover
Allowed
Setback
Lot Area
Hardcover
Percentage
Hardcover
Percentage
Hardcover
Zone
In Zone
In Zone
(B/A)x100
In Zone
(D/A)x100
Percentage
0-75'
It 6001f
of
•
�Qaf
a
0 a
75-250'
2-�if
�i �sf
_ _a
�L�sf
� a
25 1
250-500'
t4- A Is f
of
a
of
a
30 t
500-1000'
Q A sf
of
•
of
a
35 •
HARDCOVER LIMITATIONS
'C.. ,
C out
4 Ckp ecA I Ak-
ROAD
E. OTHER LAKESHORE REGULATIONS
HARDCOVER INCLUDESt
- Structures with roofs
- Decks, even if slatted
- Sidewalks
- Driveways (paved or gravel)
^- Decorative landscaping areas underlain by
plastic sheeting
- Tops of retaining walls, rock walls
- Any other surface that does not allow direct
absorption of rainfall into the ground
BEC. 10.22, REGULATIONS FOR 'LR-lA', 'LR-IA-1', 'LR-1B•, 'LR-1C' AND 'LR-IC-1' ONE
FAMILY LAZESNORN RESIDENTIAL DISTRICT. Within any "LR-lA", LR-lA-10, "LR-1B0, 'LR-1C', or
'LR-IC-1' One Family Lakeshore Residential District the following regulations shall applyt
Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for
lakeshore lots shall be at least 75 feet and no building may be located closer to the
shoreline than the average distance from the shoreline of existing residence
buildings on adjacent and nearby lots.
Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there
shall be no excavating, filling, hard cover, temporary or permanent structures.
Within 75 to 250 feet of the shoreline there shall be no greater than 250 hard cover.
Within 250 to 500 feet of the shoreline there shall be no greater than 301 hard
cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35%
hard cover.
Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline
with the diameter of six (6) inches or more shall be removed without first obtaining
a permit from the Council.
0
HARDCOVER RBGDLATIOIIS AND MORKSHEBT
A. EARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting
the percentage of lot area that can be covered with impervious surfaces ("hardcover")
such as roofs, driveways, sidewalks. etc, on properties located within 1,000 feet of
a lake. Studies have shown that sediments, oils, and debris carried into the lake
from highly urbanized areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
B. HARDCOVER SETBACK ZONES - PERCENTAGE ALLOWED
I. 0-75': in the area within 75' of the lakeshore, No Hardcover is allowed
(00).
II. 75-2509: in the portion of
the lot located between 75' and 250' from the
( lake, 250 of that portion of the
lot may
be hardcovered.
1 III. 250-5001• in the portion
of the
lot locatod between 250' and 500' feet
from the lake 300 of that portion
L;: the
lot may be hardcovered.
IV. 500-1,0009: in the portion
of the
lot located between 500' and 1,000' feet
C from the lake 35+1 of that portion
of the
lot may be hardcovered.
NOTE: These regulations apple even if you
have a
lot that does not abut the lake but is
within a lakeshore zoning district.
C. HOW TO DETERMINE LOT AREA WITHIN EACH
SETBACK
ZONE (To be used as denominator in all 1
hardcover percentage calculations)
?
I. 0-75' Zone
Area - 75' x (Average width of lot in 0-75' zone)
l measure parallel to shoreline
J
75' x I� ft. - 1 1 (:Qfir) V s.f. (1)
(Avg width) Area of 0-75' zone
' II. 75-250' Zone
Area - (1751or avg lot depth in zone) x(Ameasure
vg width of lot in 75-250' zone\
)`�"'0 parallel to shoreline J
.13" x 1 ft. :'oi i!)00 s.f. (2)
(Avg width) Area of 75-250' zone
III. 250-500' Zone
Area - (250' or avg 1G depth in zone) x�Avg width of lot in 250-500' zone)
measure parallel to shoreline+ l
250' x ft. a s.f. (3)
(Avg width) Area of 250-500' zone
IV. 500-1,000' Zone
Area - (500' or avg lot depth in zone) x�measure
vg width of lot in 500-1000' zone\
parallel to shoreline J
500, x N A ft. s.f. (4)
(Avg width) Area of 500-1,000' zone
0
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.7, O-C, 11
r/` ;4 -17 -
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: July 21, 1988
Subject: Big Island Board of Governors - Request to Extend Temporary
Conditional Use Permit for Over -Night Camping of Work Crews -
Resolution No. 2436
The applicant has request an extension of the temporary conditional
use permit that would allow the over -night camping of work crews used to
implement the general improvements required by the City.
The applicant has asked for an extension from July 1st through October
15th, 1988. The applicant's letter fails to state why there is a need for
an extension but staff can confirm that there are certain minor clean-up
tasks and construction assignments that have yet to be met by the Veteran's
Camp organization. Many of these items have nothing to do with the
required improvements setforth by the City staff. Some of these
improvements include the construction of additional picnic tables, the
final placement of rock around the fire ring, the final installation of the
extension of fencing, and general clean -tip and seeding of disturbed areas.
Staff can confirm that the two bathroom facilities have showers available
for the 57 member work crew.
Staff would recommend approving the zequest of the Big Island Board of
Governors that would extend the expiration date for the temporary
conditional use permit - Resolution No. 2436 - to a new expiration date of
October 15, 1988. This approval does not amend or alter any of the
conditions setforth for the use of the camp for over -night camping purposes
by the limited work crew at 57 members.
PROPOSED MOTION: Moved by , seconded by , to approve the request by
the Big Island Board of Governors to extend the expiration date of the
temporary conditional use permit for the over -night camping of work crew
members, approving an extension from July 1, 1988 to October 15, 1988.
All original conditions of Resolution No. 2436 shall be applicable
thrc uc;:,out the extension period. Ayes __, nays
BIG ISLAND VETERANS CAMP
,••--�
On
Beautiful Lake Minnetonka
P.U. Box 598, Excelsior, Minnesota 55331
15 July lgb6
City of Orono
P.O. Lox 66
Crystal Bay, riii 55323
.Q
Attention: E's. Jeanne A. Kabustn
BuildinG and Zoning Administrator
Subject: Request for Extension of Overnight Work Crew
Camping - Bib Island Veterans Camp
Reference: A) Telecon, 1disdorf tc i,:abusth, 11 July 19dd
B) 'Telecon, Aakre to i.:abusth, 15 July 19dd
It is nereby requested that the approval for overnight tent
camping for work crews at the Big Island Veterans Camp be
extended through 15 October 1988. Requirements and
limitations identified in the original 1968 resolution would,
of course, also continue to be observed.
If you have any questions pertaining to this reg1—st, please
contact the undersigned at 939-2441.
Very Truly Yours,
Keith E. Aakre
Hoard Secretary
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. �ti36
A RESOLUTION GRANTING
A TEMPORARY CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.31, SUBDIVISION 3 (D)
FILE 11277
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 oiscription, Exhibit A.
WHEREAS, the applicant has applied to the City of Orono for a I
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).
NOW, THEREFORE, BE IT RESOLVED by the City Council cf Orcio,
Minnesota:
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 approval, based on one or more
of the following findings:
A. The property consists of 57 acres and can provide adaouate
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 protects-;..Nn shall be provided for overnight]
l campers and during open burn ac*.ivities. Ij
Pare 1 4
City Of OR,ONO
t RESOLUTION OF THE CITY COUNCIL
2� 6
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 pose 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 tl:- following conditions:
1. Crew to be limited to 57 workers - family members and friends cry,,
not be on camp site for the duration of the temporary permit.
2. Worke.-s shall use portable gas s coves and charcoal grills for
cooking - open burning to be approved by Orono Fire Inspector.
3. Tenting is allowed only for work crews. The authorized caretaker
Mark retersor., 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 buileings 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 sc_ptic facilities/structures have been approved for use by
the work crews and are defined as the South Hill (Point Charming
structure) and the .3eanut 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 OR,ONO
RESOLUTION OF THE CITY COUNCIL
-'435
NO.
^y.
1.
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 far 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.
1.3. 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 °n the
chain of title of the property.
Adopted by the Orono City Council on this 23th day of May, 1988.
Janes R. Grab&k,-Mayor
�' of 4
EXHIBIT A
Resolution # �-136
Government Lot One (1), Section fourteen (14), Township
One Hundred Seventeen (117), Range Twenty -Three (23); and i
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 1
(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; thence
East along the shore of Lake Minnetonka to the East line of said
Lot Three (3); thence North to the place of beginning.
(.
f
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of OR ONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. 2436
On this S day of 198u
before me a No ary Publi wit in an fors d county, personally
appeared tA-l�Ju&
known to me to be the person(s) describ d in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
qy:V":11tv$A L NAAB
1WrMUO. I:A"AITAwall
COUNTY
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
q-00 -9 a
MY COMMISSION EXPIRES
On this day of , 198 , before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoinginstrument#
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
I
i
r
MY COMMISSION EXr li S
Page 4 of 4
To: Mayor Grabek & Orono Council Members - 1 Ur .-5_.,ya
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: July 20, 1988
Subject: Zoning Ordinance Amendment - Sign Ordinance
The Planning Commission at their July 18th, 1968 meeting
recommended on a 6-0 vote, approval of the proposed sign
ordinance amendment to Sections 10.61, Subdivision 1 (A) and 1
(H), as attached. No members of the public were present to
comment on the proposed ordinance amendment. Proper notice,
including publication in the official newspaper at least 10 days
prior to the public hearing, was given.
Staff recommends approval of the zoning ordinance amendment
to Sections 10.61, Subdivision 1 (A) and 1 (H) per the attached
ordinance language.
53188.6
/G
TO: Mayor and City Council
PROM: Mark Bernhardson, City Administratovp
DATE: May 25, 1988
SUBJECT: Zoning Ordinance Amendment - Sign Ordinance
Attachment: A. Zoning Ordinance Chapter 10.61
B. Proposed Draft Language
ISSUE - Determination as to whether the Council wants to refer
the draft language in Attachment B to the Planning Commission for
consideration and changes in the sign ordinance.
INTRODUCTION - A review of the zoning ordinance, as it relates to
signs, has shown it has a number of weaknesses. Two of these
weaknesses recently of concern are the types of signs that are
allowed in residential areas together with the length of
temporary signs. While there is a 90 day permit applicants can
continue to have 90 day permits without any limit as to how often
a permit can be renewed.
DISCUSSION - As a result of the issues raised in the zoning
F.-ccTinance chapter the following draft language has been prepared
to address the two issues above plus other related issues in the
zoning chapter at this point. It is recommended that the samples
attached also be reviewed in the context of this draft language
to see if there are other issues that Planning Commission would
like to consider in amending the sign ordinance.
ALTERNATIVES -
1. Refer to the Planning Commission.
2. Amend and refer.
3. Table.
4. Take no action.
RECOMMENDATION - It is recommended that this be referred to the
Planning Commission for them to undertake the necessary ordinance
amendments applir:�hle to signs for their review an3
recommendation.
PROPOSED MOTION - MovCu by y, seconded by , that Attachment 3
be referred to the Planning Commission for their review and
recommendation. Ayes , Nays __
-7 - / g
7-0
. �po� E•h� - • 6 `O
1
• _ § 10.61
A. On Right -of -Way. Private signs are prohibited
within the public right-of-way or easnmnnts except that the Council
may grant a conditional use permit to Locate signs and decorations
r a = on or within the right-of-way under their jurisdiction for
t specified time not to exceed ninety days.
B. Flashing. Illuminated flaf-:ning signs shall not
be permitted in any district.
? C. Beams. Illuminated signs o_ devices giving -off
an intermittent, steady or rotating beam consisting of a collection
or concentration of rays of light shill not be permitted in any
. _ district.
D. Sales Signs. For purpose of selling, renting or
leasing property, a sign not in excess of ten square feet per
surface may be placed within the front yard of such property to be
sold or leased. Such signs shall not be less than fifteen feet
from the right-of-way line unless flat against the structure. For
the purpose of selling or promoting a residential project of six or
more dwelling units, one sign not to exceed 48 square feet: a
commercial area of three acres or more, or an industrial acrea of
ten acres or more, one sign not to exceed 96 feet of advertising
surface may be erected upon the project site. Such sign shall not
remain after 90% of the project is developed.
F. Existing Signs. Signs existing on Septen,13er 14,
1967 which do not conform to the regulations are a non -conforming
use.
F. Traffic Interference. No sign may be erected
that, by reason of position, shape or color would interfere in any
way with the proper functioning or purpose of a traffic sign or
signal.
G. Building Wall Signs. Signs shall not be painted
directly on the outside wall of a building. Signs shall not be
painted on a fence, rocks or similar structure or feature in any
district. Paper and similar signs shall not be attached directly
to a building wall by an adhesive or similar means. Signs shall be
considered as a structure or fastened to another structure.
H. Temporary Signs. There shall be no more than
one temporary (three months or less) sign in any required yard
area, and there shall be no more than three such signs on any lot,
and the total area of such signs shall not exceed 25 square feet.
I. Election Signs. Election signs are permitted on
private property in any district provided such signs are removed
within thirty days following the election as related to the signs
No election sign shall be permitted in any "R" District sooner tha.,
two months preceding the election relating to the sign.
ORONO CC 360 (4-1-84)
6888.4
AN ORDINANCE AMENDING SECTION NO. 10.61
ADOPTED APRIL 1, 1984, AND ENTITLED 'SPECIAL PROVISIONS'
The City Council of the City of Orono ordains:
Section 10.61 adopted April 1, 1984 and entitled
"Special. Provisions" is amended to read:
Subd. 1.
A. On
Right-0f-!4ciy.
Private signs are prohibited
within the public right-of-way or
easements except that
the
Council may
grant a
conditional use permit to locate signs
and
decoration,
on or
within the
right-of-way under their
jurisdiction
for a s-:�ci.fied
time not to exceed ninety days.
No
conditional
use pe:
for such a
sign shall be issued by
the
Council if a
coedit
i use permit
or temporary sign permit
had
been issued in the p..=-vious
24 months
to that property.
H. Temporary Signs. There shall be no more than
one temporary (three months or less) sign in any required yard
area, and there shall be no more than three such signs on any
lot, and the total area of such signs shall not exceed 25 square
feet. Such signs require a temporary sign permit from the City.
No such permit shall be issued by the City it a conditional use
permit under Sub -paragraph A of this Subdivision or a temporary
sign permit under this sub -paragraph had been issued in the
previous 24 months to that property. No such signs shall be
allowed in residential zones.
This ordinance becomes effective from and after its
passage and publication on 1988.
-------------------------------
James-R. Grabek, Mayor
ATTEST:
Dorothy M. Ha in, City Clerk
aTy Of ORONO
NOTICE
this sine. :vrm•n commrrta we
oopy of Via proposed •motdtnerrt IS t aftle for
The FlortY+p C mrrulm WMl told a pupnc
review in Ure City office•, by appoYtbrrenf.
h•ortng to the CourtoM Clwnbors att 275 South
brown Rood on Morw ay, July 1e. 16so, at 9:15
city of Orono
By: PWnrrtrq Commbalon
P.m. on the ratter of a proposed omWomont
to the ZcnkV Code that wautd WM the
rwww@.
Willy of panics for private alert' on private
Mkhael P. patrron,
t. Plrvring a iontng A&fW tt trator
property and w1MNn pubic rightof-wa,..-,
would the use of temporary @We in r�r.
T
(pu n
tw
• ,•r and Pioneer on Juy s
tp98)
Art p•norre wt•hfng to be herd wIN appear at
Affidavit of Publication
State of Minnesota County of Hennepin.
Bill Hnim, 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 qualified
newspaper, as provided by Minnesota Statute
331 A.02, 331 A.07, and other applicable laws, as
amended.
B.) The printed 7001 1 �p�e �TuneN(,�i11Q
pkaw► W' f�fa ll ice.
which is attac. Nas cut from the columns of said
newspaper• and was printed and published once each
week for successive weeks:
It was first published Monday,
the 1�. day of 19 0 0.
and was thereafter prince and published every
Monday, to and including Monday.
the day of
�7
Authorized Agent
Subscribed and sworn to me on this
day of �/ �� 19 0 �,
Notary Public
Rate Information
(1) Lowest classified rate paid by commercial users for compara-
ble space '7 84 per inch
(2) Maximum rate allowed by law for above mailer S4 54 per inch
13) Rate actually charged for above matter S4 54 per inch
Each additional successive week S3 03 per inch
72188.3
NG
TO: Mark Bernhardson, City Administrator IT. 52
FROM: John R. Gerhardson, Public Works Director ,
DATE: July 21, 1988
SUBJECT: Feasibility Report Lift Station #10
Attached for review only at this time is the feasibility report
for Lift Station #10 by-pass.
Recommendation - To accept the report at this time for use as a
guide only for future planning until the Orono/Minnetonka Beach
interceptor project gets underway.
PROPOSED MOTION - Moved by _ , seconded by _ , to accept the
feasibility report for Lift Station #10 by-pass for use as a
guide only for future planning until the Orono/Minnetonka Beach
interceptor project gets underway.
TO: Mayor and City Council
FROM: Mark Bernhardson, ricy Administrato
Forwarded recommending approval.
1�
Report
^ Lift Station No. 10 Replacement
Sanitary Sewer
Orono, Minnesota
1988
File 13940
■1
7
7
0
Bonestroo
Rosene
OLIN
Anderlik &
Associates
1
Engineers & Architects
rl
St. Paul, Minnesota
REPORT
ON
LIFT STITION 110 REPLACEMENT
SANITARY SEWER REPORT
ORONO, MINNESOTA
May, 1988
JAMES R. GRABEK
WILLIAM J. SIME, JR.
J. DIANN GOETTEN
BARBARA A. PETERSON
EDWARD CALLAHAN
MARK BERNHARDSON
JOHN R. GERHARDSON
TOM BARRETi
MAYOR
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER
CITY ADMINISTRATOR
PUBLIC WORKS DIRECTOR.
CITY ATTORNEY
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS/ARCHITECTS
ST. PAUL, MINNESOTA
1
i
i
1
-j
7
I
7
Bones t roo
t7 Rosene
Anderlik &
Associates
Engineers & Architects
July 20, 1988
Otto G Boneurom PE
Keith A CwrWn, /E
Thomas W Peterson, PE
Charles A Emkson
Robert W Rosen. PE
RKhald W. Four, PE
k6chael C Lynch. PE
Leo M Pasvelsky
Joseph C AndeflA. PE
Donald C BuroNdt. PE
James R Maland. PE
Harlan M Olson
Bradford A Lemberg, PC
Jerry A Bourdon, PE
Kenneth P Anderson. PE
Susan M Eberl +
RKhard E Tufne,. PE
Mark A Hanson, ►E
Kedh A Bachmann, PE
Mark A Sap
James C Olson. PE
Ted K Freld, ►E
Mark R Rods. PE
Glenn R Cook. PE
MKhael T Rautmarsn. PE
Roben C Russek. A I A
Thomas E Noyes. PE
Roden R Pfefferle. PE
Thomas E Angui PE
Robert G khunKht, PE
DA-d O Loskota. PE
Howard A Sanford, PE
Marren L PE
Honorable Mayor and City Council
City of Orono
1335 Brown Road South
Crystal Bay, MN 55323
Re: Lift Station 110 Replacement
Sanitary Sewer Report
Our File No. 13940
Dear Mayor and Council:
Transmitted herewith is the report for our Lift Station 110 Replacement. This
report reviews the existing sanitary sewer system and provides recommendations
for providing a new gravity trunk line.
We would be pleased to weet and discuss the contents of this report with the
City Council and other interested parties at any mutually convenient time.
Respectfully submitted,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Glenn R. Cook, P.E.
GRC:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
--
Glenn R. Cook, P.E.
Date: July 20, 1988 Reg. No. 9451
2335 West Highway 36 9 St. Pau!, Minnesota SS113 • 612-636-4600
TABLE OF CONTENTS
Page No.
LETTER OF TRANSMITTAL 1.
TABLE OF CONTENTS 2.
INTRODUCTION 3.
DISCUSSION 4.
PROJECT COST AND FUNDING 6.
SUMMARY AND RECOMMENDATIONS 8.
APPENDIX A - COST ESTIMATES
FIGURE 1 - SERVICE AREA
FIGURE 2 - SANITARY SEWER SYSTEMS
Page 2.
RPT13940
INTRODUCTION
This report reviews the feasibility of upgrading Lift Station 110 or re-
placing it with a gravity sewer line. The lift station capacity has been
exceeded several times over the past 5 years resulting in sewage being backed
up into casements. This problem can be solved by upgrading the lift station
to handle the excess flow or by constructing a new gravity sewer line.
The relocation of Lift Station 145, on the MYCC sewer system, near the
public access north of CSAH 51 makes it possible to eliminate Lift Station
110. The construction of a gravity line would reduce the City's long term
maintenance costs for sanitary sewer service in Service Area 4.
The MUCC construction project is planned to begin in the fall of 1988 and
be completed during the summer of 1989. If the City elects to proceed with
this project, the construction should take place in 1989. This will allow the
City to obtain the greatest bidding advantage and minimize the length of time
the area is disrupted.
The report also reviews the upgrading of sewer lines upstream of Lift
Station 110. The lines will be increased to provide for future connections
and eliminate a capacity problem in the existing system.
Page 3.
RPT13940
DISCUSSION
The area served by Lift Station 110 is identified as Area 4 in the City
Comprehensive Sewer Plan. The service area is shown on Figure 1 at the back
of this r-port. The area currently drains to Lift Station 110 and is then
pi.mped to a gravity line that flows south into the MWCC system at Fagerness
Point Road.
Lift Station 145 on the MWCC system at Fagerness Point Road is planned to
7f be relocated north of County Road 051 near the public access. The relocation
of Lift Station 145 will allow Lift Station 110 to be eliminated by construct-
ing a gravity line.
_ Service Area 4 currently serves approximately 555 units with the potential
for 395 additional units. The following is a summary of the existing and pro-
jected units for the service area.
Service Area Existing Units Future Units Total Units
4 555 395 950
The total flow generated from Service Area 4 is based on the projected
number of units and the anticipated inflow and infiltration. The following is
a summary of the existing and projected sanitary seweL flow:
Present Future Future Peak
Service Area Avg. Daily Flow Avg. Daily Flow Hourly Flow
4 170,000 GPD 269,000 GPD 1,098,000 GPD
There were two alternates reviewed for providing adequate sanitary sewer
service. The first alternate would provide for replacement of Lift Station
110. The existing lift station has a design capacity of 300 GPM. The flow to
Lift Station #10 has exceeded the system capacity on several occasions. This
- results in sewage backing up into the low basements along the line.
Page 4.
RPT13940
The second alternate provides for constructing a gravity line from Lift
Station #10 to the proposed MYCC interceptor (MH 165A to 167B). The construc-
tion of three other sewer line segments is proposed to improve flow to the
Lift Station 110 collection point and prevent future backups. The sanitary
sewer line along County Road 19 from Lift Station 110 to Maple Place (MH 167B
to 169A). The sanitary sewer line on Maple Place from County Road 19 to
Cherry Avenue (MH 169A to MH 175A). The sanitary sewer line from Minnie
Avenue to County Road 151 (MH 179 to MH 430). The extension of the additional
lines will provide adequate capacity to ser•re Service Area 4.
Page 5.
RPT13940
PROJECT COST AND FUNDING
The project costs and funding options are outlined in this section with a
detailed cost estimate provided in the Appendix. The cost estimates include
contingencies, engineering, bonding and administration. The indicated project
costs are as projected for the 1988 construction season (ENR 4500).
Cost estimates for the lift station alternate and the trunk line alternate
are provided below:
Alternate 1
Lift Station Replacement $ 81.140
Trunk Line (Part II) 57,750
Lateral Lines (Part III 5 IV) 57,340
TOTAL ALTERNATE 1 $196,230
Alternate 2
Trunk Line Construction (Part I 6 II) $138,390
Lateral Lines (Part III 6 IV) 57t340
TOTAL ALTERNATE 2 $195,730
The operation and maintenance costs for the two alternates should be re-
viewed to provide a true comparison of the two alternates. The following
summary provides operation and maintenance costs as well as a capital cost
comparison:
Alternate I Alternate II
Annual Capital Cost* $19,990 $19,940
Operation 6 Maintenance 6,500 500
TOTAL EQUIVALENT ANNUAL COST $26,490 $20,440
The City would realize an annual savings of $6,050 by constructing the
trunk line.
*Annual Capital Cost - Based on 20 years @ 8I interest.
Page 6.
RP113940
The project funding could come from the sever operating fund, permanent
improvement fund, assessments to property owners in Service Area 4 or future
connection charges. The City could also use a combination of the above indi-
cated funding sources.
Page 7.
RPT13940
CONCLUSIONS AND RECOMMENDATIONS
The project as :ein is feasible as it relates to general engi-
neering principals and conoLLuction procedures. Based on information con-
tained in this report, it is recommended that:
1. This report be adopted by the City of Orono as a guide for con-
struction of the trunk sanitary sever system.
2. The City conduct a legal and Fiscal review of the proposed proj-
ect prior to pr.,ceeding.
3. The City review project financing and determine the desired
funding source or sources.
4. A public hearing or informational meeting be held to determii.-
further action to be taken. The property owners in Service Area
4 should be notiifed for hearing purposes.
5. The following schedule be implemented for the project.
Receive Preliminary Report July 25, 1988
Public Hearing or Informational Meeting September 12, 1988
Order Plans & Specifications September 12, 1988
Approve Plans & Specifications November 12, 1988
Bid Date January 11, 1989
Start Construction May 15, 1989
Complete Construction July 15, 1989
Page 8.
RPT13940
APPENDIX
COST ESTIMATE
—
PART I - TRUNK LINE (MH 165A
TO
MH 167A)
100
Lin.ft.
12" PVC Sanitary Sewer, 14'-16'
dp.
@ $35.00/l.f.
3,500.00
80
Lin.ft.
12' PVC Sanitary Sewer, 16'-18'
dp.
@ $40.00/l.f.
3,200.00
80
Lin.ft.
12' PVC Sanitary Sewer, 18'-20'
dp.
@ $50.00/l.f.
4,000.UO
80
Lin.ft.
12" PVC Sanitary Sewer, 20'-22'
dp.
@ $55.00/l.f.
4,400.00
200
Lin.ft.
12" PVC Sanitary Sewer, 22'-24'
dp.
@ $60.00/l.f.
12,000.00
550
Lin.ft.
Class B-2 bedding @ $3.00/l.f.
1,650.00
--� 4
Each
Manholes 8' deep @ $1,000.00/ea.
4,000.00
"! 40
Lin.ft.
Manhole overdepth @ $100.00/l.f.
4,000.00
•A
550
Lin.ft.
Trench compaction @ $2.00/l.f.
1,100.00
8
Each
Services @ $150.00/ea.
1,200.00
550
Lin.ft.
Television Inspection @ $1.00/l.f.
550.00
600
Lin—Lt.
Street Restoration @ $40.00/l.f.
24,000.00
$ 63,600.00
5Z Contingencies
3,180.09
Total Construction
$ 66,78L.00
15Z Legal, Engrng. & Admin.
10,020.00
$ 76,800.00
-
5Z Bonding and Capitalized Interest
3.840.00
TOTAL ..........................................
$ 80,640.00
Page 9.
RPT13940
APPENDIX
COST ESTIMATE
— PART II - TRUNK LINE (MH 167A -0 169B)
20
Lin.ft.
10" PVC Sanitary Seve, 14'-16' dp.
@ $30.00/l.f.
100
Lin.ft.
12" PVC Sanitary Sever, 12'-14' dp.
@ $30.00/l.f.
300
Lin.ft.
12" PVC Sanitary Sever, 14'-16' dp.
@ S35.00/l.f.
90
Lin.ft.
12" PVC Sanitary Sever, 16'-18' dp.
@ $40.00/l.f.
490
Lin.ft.
Class B-2 b6dding @ $3.00/l.f.
3
Each
Manholes 8' d::ep @ $1,000.00/ea.
10
Lin.ft.
Manhole overd%-pth @ $100.00/l.f.
490
Lin.ft.
Trench compaction @ �2.00/1.f.
6
Each
Services @ $150.00/ea.
✓ 490
Lin.ft.
Television Inspection @ $1.00/l.f.
500
Lin.ft.
Street Restoration @ $40.00/l.f.
5Z Contingencies
-
Total Construction
15Z Legal, Engrng. 6 Ldmin.
5Z Bonding and Capitalized Interest
TOTAL, ......... .............................
RPT13940
$ 600.00
3,000.00
10,500.00
3,600.00
1,470.00
3,000.00
1.000.00
980.00
900.00
490.00
20,000.00
$ 45,540.00
2,2&� 00
$ 47,820.00
7,180.00
$ 55,000.00
2.750.00
$ 57,750.00
--
A r —
COST ES'1.
PART III - LATERAL LINE ;Mn .',9fi TO
MH 175A)
120
Liln.ir..
13" PVC Sanitary Sewer, 8'-10' dp. @
$20.00/l.f.
2,400.00
70
Lin.ft.
10" PVC Sanitary Sewer, 10'-12' dp.
@ $22.00jl.f.
1,540.c.3
_. 70
Lin.ft.
10" PVC Sanitary Sewer, 12'-14' dp.
8 $25.00/i.f.
1,750.00
120
Lin.ft.
10" PVC Seru tary Sewer, 14'-16' dp.
@ $30.00/l.f.
3,600.00
380
Lin.ft
.lass B-, thedding @ $3.00/l.f.
1,140.00
2
Each
M.a hot 8' deep @ $1,000.00/ea.
2,000.00
8
Lin.ft.
Nanhole overdepth @ $100.00/l.f.
800.00
380
Lin.ft.
Trench compaction @ $2.00/l.f.
760.00
�+ 6
Each
Services @ $150.00/ea.
900.00
^ 380
Lin.ft.
Television Inspection 'I f.
380.00
400
Lin.ft.
Street Restoration @
16,000.00
$ 31,270.00
' Contingenc_--zs
1,560.00
total Construction
$ 32,830.00
-
15Z Legal, Engrng. & Admin.
4,920.00
$ 37,750.00
,)nding and Capitalized Interest
1,850.00
. -'AL ..........................................
$ 39,640.00
RPT13940
APPENDIX
COST ESTIMATE
PART IV - LATERAL LINE (MH 179 TO MH 140)
25
Lin.ft.
8" PVC Sanitary Sewer, ..,j'-12' dp. @ $18.00/l.f.
$ 450.00
160
Lin.ft.
8' PVC Sanitary Sewer, 12'-14' dp. @ $20.00/l.f.
3,200.00
185
Lin.ft.
Class B-2 bedding @ $3.00/l.f.
550.00
1
Each
Manholer 8' deep @ $1,000.00/ea.
1,000.00
2
Lin.ft.
Manhole overdepth € $100.00/l.f.
200.00
185
Lin.ft.
Trench compaction @ $2.00/l.f.
370.00
185
Lin.ft.
Television Inspection @ $1.00 l.f.
185.00
200
Lin.ft.
Street Restoration @ $40.00/l.f.
8,000.00
$ 13.960.00
SZ Contingencies
-/J0.00
Tr,4al Construction
560.00
15. Legal, Engrng. & Admin.
2,200.00
$ 16,860.00
5Z Bonding and Capitalized Interest
840.00
":JTAT...........................................
$ 17,700.00
RPT13940
APPENDIX
COST ESTIMATE
LIFT STATION 110 REPLACEMENT
L.S. Piping and Vdlves @ $3,600.00/L.S. $ 3,600.00
600.00
L.S. Structure Replacement @ y21,40�.00/L.S. 21,400.00 L.S. Pump and Motors @ $21,000.00/L.S. 21,000.00
L.S. Electrical Controls @ $18,0(C.00/L.S. 18,000.00
$64,000.00
51 Contingencies 3,200.00
Total Construction. $ 67,200.00
152 Legal, Engrng. 6 Admin. 10,080.00
$ 77,280.00
5X Bonding and Capitalized Interest 3,860.00
TOTAL .......................................... $ 81,140.00
RPT13940
SUBAREAS TRIBUTARY TO THE ORONO INTERCEPTOR
1
l�J w -3 i
Z OAK PLACE 1
MH-165
MH-1654
LAKE
MINNETONKA
( NORTH ARM) H-173
LU
Z
-172
W
U
MH-174
/ PLACE
'
I
MH-166A
MH-166
MH-161
L S-10
M H -167A
MH-1678
0)
O
Z
MH-168A
Q
MH-I
MH-169
>-
7
MH-176 M -1 A MH- 175 MH-I 9A
MH-I 98
MH-177
MH-,181 MI NE E.
O
V
/ o
MH-I 8
�
MH-180
MH-170
/ Q
MH-I
}
I
w O
(`I
co
MH-171
'n W a
=
U 2
C
U T
ROD
N0. 151�
/��
/
ALE I":200'
SANITARY SEWER EXTENSION Phoo,.
/uderllk A
( LIFT STATION 10 REPLACEMENT) AMmial" ••••
ORONO , MINNESOTA Date: MAY 5,1988 Fig. NO. 2
Comm. 13940
71488.E
JUL 62
TO: Mayor and City Council
}. ti,F
FROM: Mark Bernhardson, City Administrate
DATE: July 14, 1988
SUBJECT: City Council AppointmE
Attachment: A. Cover Memo Dated 7/5/88
B. Draft Resolution of Appointment
IS_S_U_E - Selection of a-i individual to fi l l a vacancy that
currently exists on the Council.
IN_T_RO_DUCTION - Following the interviews at the Council's July 11,
1998 meeting the Council tabled the selection of an individual
for the vacancy to the July 25, 1988 meeting.
ALTERNATTVES
1. Select
2. Taole
3. Indicate appreciation to all candidates who applied and
request that they continue their interest in the community for
possible service in other areas.
RECOMMENDATION - It is recommended that the Council make a
selection for a Council candidate _,d that they direct staff to
send thank yous to the other applicants expressing the
appreciation for their interest in this position and extend an
invitation for them to serve in other capacities within the City
as vacancies should arise.
PROPOSED
MOTION - Moved by
seconded by
, that the Council
appoint
__,
by the adoption of
Resolution,
for the Council
seat for
the term of __ through
__ Ayes __ays
N__
5�
a
7588.1
TO: Mayor Grabek & City Council Members
FROM: Mark Bernhardson, City Administrator
DATE: July 5, 1988
SUBJECT: Council Candidate Interviews
Attachment: A. Edward C. Brown, III Letter
B. Jim Dillman Letter
C. James H. Gilbert Letter
% D. John M. Hollander Letter
E. Charles Kelley
F. Alan R. Nettles Letter
G. Charles D. Nolan, Jr. Letter
H. Alexander G. Vongries Letter
I. Sample Letter Sent to Candidates
J. May 9th Memo to Council
K. June 7th Memo to Council
ISSUES -
1. Holding the interview of the interested candidates.
2. Determination of when a candidate is tc� be selected.
3. Selection of candidate.
4. To the extent that the candidate select -on results in a vacancy on
the Planning Commission, selection of a per )n for that position.
INTRODUCTION - As the result of the resignation if William Sime, Jr., the
vacancy created has been applied for by eight individuals. Council has
established an interview for the July 11th,1988 meeting.
DISCUSSION - Attachment I outlines to each of the candidates the basis for
the intei7view which have been set for 8:30 p.m. on Monday, July llth. It
is recommended that that format he used to the extent that each of the
candidates does not address that in their opening remarks.
The Council may choose upon completion of the interviews to either select a
candidate based on the interviews or choose to table the matter until the
July 25th, 1988 meeting.
I
Council Candidate Interviews
July 5, 1988
Page 2 of 2
ALTERNATIVES -
1. a) Conduct the interviews.
b) Continue interviews until the July 25th meeting.
2. Determination of date for selection:
a) Select the July llth, 1988 meeting.
b) Table until the July 25th, 1988 meeting.
c) Table to an alternate date.
3. Selection of a candidate.
4. a) Not consider if no vacancy ie created.
b) Selection of an individual to fill the vacancy.
c) Table until the July 25th meeting.
The following individuals previously expressed an interest, but were not
selected, when Sara Moos was selected to the Planning Commission:
a) Dale A. Christensen
b) Stephen M. Johnston
c) Lester Kelley
d) Robert L. Minkema
e) Curtis Quady
RECOMMENDATION - It is recommended that following the interviews the
Council select an individual at the July llth or July 25th Council meeting.
PROPOSED MOTION - Moved by _, seconded by _, that the Counci :, having
conducted interviews for the vacancy on the Council, appoints to
fill the balance of the term for this year. Ayes , nays
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION APPOINTING
TO FILL A VACANCY ON THE CITY COUNCIL
WHEREAS, William Sime resigned from the City Council
effective July 1, 1988; and
WHEREAS, the City Council adopted Resolution Number 2439
Declaring a Council Vacancy on May 23, 1988.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono, Minnesota, appoints
to fill the vacancy.
r,dopted by the City Council of the City of Orono,
Minnesr,:.a at a regular meeting held July 25, 1988.
------------------------------------
James--R. Grabek, .dayor
ATTEST:
Dorothy M. Rallin ty Clerk
72188.4
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrato
v--,
DATE: July 14, 1988
SUBJECT: Orono/Long Lake Discussions
ISSUE - Establishment of a date for discussions with Long Lake
and the City's mediator.
Currently I am working with the Long Lake City Attorney and the
facilitator regarding a date.
ARLO H. VANDE VEGTE, PA.
ATTon— AND COUNSELOR AT LAW
July 14, 1988
Mary Sabatke
Program Planner
Organizational Services
Government Training Service
Suite 202 - Minnesota Building
46 East 4th Street
St. Paul; MN 55101
RE: Long Lake/Orono Mediation
Dear Mary:
6 1 2- 4 7 3.
1950 W. WAYZATA SOULEV1•ld
•.O. •Ox aS
LONG LAKE. MINNESOTA 59394
In follow-up to your letter of June 17, 1988 and our recent telephone
conversation I have recommended to the Long Lake City Council the use of your
mediation process as set forth in the proposal you submitted to Mr. Bernhardson
with that letter. The City Council has authorized me to accept your proposal
both in terms of the format and the price quoted. We have formally notified
the City of Orono of our acceptance and I am writing this letter to you in
order to confirm its implementation. We are happy to use the services of
Barbara Arney as proposed. We anticipate that the cost will be borne equally
by each city.
Either myself or Mr. Bernhardson will be in contact with you in the near
future with regard to scheduling of the implementation. We look forward to
working with the Government Training Service in this most important project.
While we have major differences both municipalities are very much aware of the
need for this type of interaction. Hopefully it will result in a positive out-
come for all concerned Please let me know if you have any additional
Information or questions. Best personal regards.
Very truly yours,
Arlo H. Vande Vegte
AVV/jlh
cc: Mark Bernhardson
72088.3
TO: Mayor and City Council A
FROM: Mark Bernhardson, City Administrato
DATE: July 20, 1988
SUBJECT: Woodhill Avenue - Road Construction
Attachments: A. Planning Commission Minutes of 6/15/87
B. Council Minutes of 7/13/87
C. Council Minutes of 9/28/87
D. Council Minutes of 11/23/87
E. Council Minutes of 6/13/8R
F. Council Minutes of 6/27/88
G. Road Lay Out - Woodhill Avenue
H. Map of Abutting Properties
I. Lindstrom/Delaney Letter Dated 7/20/88
ISSUE - Determination by the Council as to whether they ant to
reconsider construction on Woodhill Avenue.
INTRODUCTION - In April of 1987 John McDowell together with
Woodhill Country Club submitted an application for .ve lot
subdivision on property ablating Woodhill Avenue. is was
originally considered by the Planning Commission in June of 1987
with preliminary approval for the subdivision given by the
Council at its July 9, 1987 meeting. Concerns as noted in the
attachements raised by the neighbors were that the road
construction should not go ahead because of concerns nor tha
trees in the area and the amount of impact of a cul-de-sac.
Council recommended approval with a 22 foot road wiath on the
public portion without the cul-de-sac and giving minimal impact
to the mature trees on the property.
At the Council's August 10, 1987 Council meeting the Council
approved undertakir7 the feasibility study for the project. On
September 28, 1987 ial subdivision roval conditioned on the
execution of an aq 2ment for paymet., the road. An agreement
was made with the developer and Wc_3h Country Club where they
pay 75% of the cost. The Council established 11/23/87 for t'ie
public: hearing on the project. At this public hearing it is
-d the primary issue addressed was as had been indicated
e that there was limited benefit and concern rega,di•.g the
t In advance of this meeting, at the request of the
prur,__ty owner at 1315 Woodhill Avenue, had been stake(' at a 22
foot width. This la --out at the time appeared to he ac:eptable.
(The property owner :.s now saying that they ob]ected t ) the road
even goir.-I in.) The Feasibility E�cudy however did propose a
design cf 24 feet, a copy of which the property owner at 1315
Woodhill indicated they did receive. The issue of width was not
directly discussed at the meeting and the Council d rected the
Engineer to undertake the plans and specifications on a 3-2 vote.
The plans and specific-' ins were presented to the Council at
their April 11, 1988 me—. 3 and because of a 2-2 vote to approve
it was tabled on 4-0 'j�n to April 25th (it should be noted
that there is not a ec itement that the Council approve
the
plans and specifications of the project.) At the April 25,
1988
meeting the plans and specifications weie approved on 3-2
vote
with a second public hearing set for June 13, 1988.
(In
attendance at the public hearing on June 13, 1988 were
Mr.
McDowell who indicated he had no comments and Mr. Lindstrom,
the
resident at 1315 Woodhill Avenue, who felt that he should not be
assessed because there was no benefit.) Because of the 2-2
vote
at the time the Council on a 4-0 vote tabled it to July 11,
1988
after the formal closing of the public hearing. On June 27,
1988
after discussions with staff regarding the concern for
the
project it was placed back on the agenda and on a 4-0 vote the
project was approved.
DIS_C_U_S_S_IO_N - Subsequent to the 6/27/88 meeting based on the
newspaper report the property owner :,,ecame apprised that the
project had been approved. When the project was staked out on
either July 14 or 15th at a five foot offset from the edge of the
road (at a 24 fcot width) the prope-ty owner became extremely
concerned that that was not where the road had been originally
staked out.
As a result of that Councilmember Peterson visited the site on
Tuesday, July 19tt dhen construction was to begin. The staff met
with Councilmentber Goetten and the City Engineer at approximately
2:00 p.m. that day. Public Works Director and myself met with
the property owner on the to at 4:30 p.m. that. afternoon. The
major ssues raised by the pc perty owner are a,,- follows:
1. Payment of the Ue4rade of the Road - The property
owners, as i:oted in the minutes, have consistently
objected to payment of the r,.ad based on t'.ie fact tha
they receive no benefit to > property. It has been
indicated to then. that while preliminary financing was
approved with the cc.istruction that a pub?.ic hearing and
ass^ssment hearing will have to be held prior to the
_._sment being spread against the Property. They feel
L:,at the per unit basis is unfair as they are the ones
that have the least use of Woodhi l l T venue.
2. Road Width - When originally directed uy the Council
the width wasF supposed to be al ..2 feet and when staked
fur the property owners it was at a 22 foot width. The
suhseque .t feasibility study plan and plans 'end
specifications were set at 24 feet and no alteration was
made to those. I indicated, when I was on the site with
t;:e property owners, that because of the fact that the
Ci had originally staked the property last fall
f,2 t that we would alter --structing the road o a 22
foot width :o the sectir next to their property,. At
this pcint jltiough the -_operty owner had indicated the
width last fall was acceptable, it is no longer
acceptable. (In a phone conversation of July 22, 1988
the resident indicated it may now be acceptable.)
3. Road Alignment - While agreeing to a road alignment
last ?all -the property owner now feels tr.., : was riot the
alignment that was agreed to. Measurements from the
center to two existing stakes however does indicated
that the alignment is in line with last fall's.
4. Project Construction - The proL,.rty owner feels that
the only reason for the project going ahead was because
of the subdivisio-. That was correct. We indicated
however, that the current road is falling apart and that
wor. -)uld have to done in the next 5 to 10 years to
upgi . :.t, even without the subdivision. They have now
raised the issue that the subdivision shoull have
accessed through the Country l+.rb and not through
Woodh i 1 1 Avenue. This was not L issue raised by them
or any of the abutting neighbors at the time according
to the minutes. Whi' - an abutting nei,!;bor southeast of
Lot 3 had granted an easement for one c: thf! lots
through their Property to allow access out ont . Wo�dhill
Road, (which is, u private road with a public acres.; back
about 1,000 feet from the County Road 15,) it is
unknown 'at they would have granted the private road
right-of-way to all the prof;erties. This alternative
wa ; of extensively explored at the time because -the
pr. -✓ being subdivided had substantial right-of-way
on hill Avenue and the fart that nobody had rai,-cd
tip i issue of a l tc r nate access at the ;Ame.
(It should be noted, the house at 1315 is approximately
20 feet from the right-of-way and the edge of the new
traveled road surfice i.3 10-12 feet :aside the City's 60
foot. right-of-way.1
5. NotificaL,on c,: the ghbors - The pi., irty owners
feel that they were nor-tified, particularly of the
Tune 27th reconsideratiwi. an th .'t they did nor. have an
opportunity to :ommef:,.. The City did not send out
~etice to t.,ose property owners of the reconsideration,
however, t'Q public hearing and commen' , had been taken
at two prior public hearings and the public comments
section ".d been closed, !only -i.e of th,• hearings was
required.'p
It should be n-'�d that the contractor origin:^lly was
supposed to stu, ,, the w_)rk on "londay, July A%h, however:
he did not start that morning and when t__ star'.ed
Tuesday iiiorning some individual(s) had removed man"
the construction stakes anC, sowe •f- the c-entF:r
marks were painted over on the rest in ce
location . This action may cntai1 additional prof �t
Costs.
ALTERNATIVES
1. Reinstate construction at 24 feet for the entire width.
2. Continue to construct the section next to Lindstroms at 22
feet on the alignment that is currently laid out with the balance
of the project at 24 feet was indicated to the owners on July 19,
1988 that the City would coo based on last fall's staking.
3. Revise the width to a sma
4. Stop the project and cane
be penalties.
width. (Currently 16-18 feet)
e contract realizing there may
It should be noted that the issue :�f final assessment will be the
subject of a separate proceeding at a public hearing a date to be
determined following completion of the project, if it is
undertaken.
RECOMMENDATION - It is recommended that the construction continue
at the 22 foot space on the alignment laid out on the portion
directly abutting 1315 Woodhill Avenue and that the balance be
constructed at 24 feet.
PROPOSED MOTION - Moved by , seconded by , that the Council
continue the construction at 22 feet for the portion abutting
1315 Woodhill 24 feet through the balance and that the issue cf
assessment be deferred to the public hearing on the assessment.
Ayes __, Nays __
cc: Lindstrom/Delany, 1315 Woodhill
John McDowell, MSM & Associates, 315 East Lake
4
NINui,ES ue THE PLANNING COMMISSION M%ETING HELD JUNE 15, 1987
11163 JOHN MCMWELL
1255 MOODHILL AVENUE
PRELIMINARY SU13DIVISION CLASS III
PUBLIC HEARING 7:52-8:35
The Affidavit of Publication and Certificate of Mailing
was noted.
Present for this matter were: Jchn McDowell, Rick
Sathre, Gary Peterson, and Henry Kingman.
Z_ninq Administrator Mabust first explained the
ownership and subdivision of Parcel 9 property :,y
Woodhill prior to the sale to John McDowell. She spoke
to the Woodhill attorneys who advised that sale has not
ta►:en place and sale will not be finalized until Mr.
McDowell completes the subdivision.. Therefore, staff
suggests that Woodhill join in the application with Mr.
McDowell. She noted that the southeast portion of
Par:el B could become either an outlot or a separate
lot.
Henry Kingman stared that they have no plans for the
southeast portion other than combining it with the
Woodhill Country Club property as an outlot. He noted
that Woodhill will join in the subdivision application.
John McDowell explained the proposed 5 lot plat served
by both a private road and an existing private easement
(serving property from the southern end) created in a
previous subdivision involving the entire J. Pillsbury
homestead.
Applicants Engineer/Surveyor Rick Sathre explained the
technical points of the proposed sites. He noted that
they propose the road at a minimum paved width of 20
feet (24 feet required) in order to minimize the loss of
trees and major land alteration required with road
construction because of the difficult topography. He
noted that the sites are capable of supporting septic
systems, Luts 2 and 3 will have mound systems.
Zoning Administrator Mabusth stated that the City
Engineer recommends the road at a minimum paved width of
22' and an 80' diameter cul-de-sac in order to
accomoda.e emergency vehicle access and snow removal.
City Engineer also recommends that the minimum width of
road between the retaining walls be 26'. Applicant is
also being requested to install a cul-de-sac at the end
of Woodhill Ave. and dedicate additional width to
provide a 50' right-of-way. She stated that Woodhill
Ave. is substandard noting that if it were upgraded the
cost would be assessed against the benefitting property
owners.
r��
MINUTES OF THE PLANNING COMNISS:ON MEETING HELD JUNK 15, 1907
163 MCDONELL CONTINUED
Hanson voiced concern with the E:n;ineer's recommendation
of a 22' wide road versus the required 24' wide road.
lie is also concerned with the public safety aspect in
terms of the City's responsibility for landowners served
by the existing Woodhill Ave.
Mark Fox, 1230 Woodhill Ave., is opposed to a cul-de-sac
on Woodhill Ave. because it would be too close to his
property, and felt it was too drastic^ just to remove
Snow which can be pushed straight ahead.
Dave Lind-trom, 1315 Woodhill Ave., acreed with Mr. Fox.
Kandi Osborne, adjacent property owner to proposed Lot
3, asked if there are limitations to wetlands being
filled; and if there are limitations square footage of a
house.
Chairman Kelley stated that there are limitations to
filling in wetland areas which are controlled by the
DNR •ind the City.
Regarding the house size, Mr. McDowell stated that there
will be protective covenants that go along with the sale
of the properties which will specify a minimum house
size.
Kandi Osborne voiced concern of alot of tree removal to
accomodate the mound septic systems and also the
concern of a non-functional system filtering onto her
property.
Assistant Zoning Administrator Gaff ron explained that
the City's standards for a septic system are that it
must be at least 10' from a property line, at least 7 >'
from any wells; soil testing is required. He confirmed
that a lot of trees wi 11 need to be removed for a mound
system.
Mr. Sathre stated that topographically, if the system
failed, it would drain away from the Osborne property.
He felt the chances of a system failing were slight.
Johnson voiced concern with the residents preference of
not having a cul-de-sac, noting a cul-de-sac would
prevent drivers turning around in one's .riveway.
3
:
t.—
.,j MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 15, 1987
11163 MCDOMELL COMTIJUED
Chairman Kelley announced that two of the Planning
Commission members were also members of the Woodhill
Country Club, and that he himself was an associate
' member of the club. fie noted that each of the members
could decide for themselves whether there was a conflict
of interest and abstain from voting. From I..s point of
view, he has decided to vote in the matter.
Mark Fox asked if Woodhill Ave. were widened where would
the additional property come from and who would pay for
it.
Zoning Administrator Mabusth stated that they have only
!. core some prelitinary reviews of it and were very
concerned with the existing landscaoiny done by the
property owner:; in thce right-of-way.
There were no other comments from the public and the
public hearing was closed.
It was moved by Cohen, seconded by Hanson, to recommend
preliminary subdivision approval as proposed subject to
the City Engineer's recommendations. Motion, Ayes 3,
Nays 2, A:,stention 1. Brown voted nay feeling the
Woodhill Ave. cul-de-sac was not needed. Johnson
concurred with drown in akldit.�on to feeling a 20' paved
road width would be adequate. Bellot`s abstained due to
' ner memtersh:p in the Woodhill Country Club.
11164 JOHN MCDOMELL
405 TOURAWA RO&D
SUBDIVISION FOR TAX PURPOSES
AND LOT LINE RF.ARRAUGEMB1iT
PUBLIC HEARIJG 8:40-8:45
The Affidavit of Publication and Certificate of Mailing
was noted.
John McDowell as applicant and current owner of the
former homestead of Edson Spencer consisting of a total
: 14.37 acre: and made of of three legally defined tracts
j of Registered Land Survey 1540 combined for tax purposes
seeks the separation of all three parcels for individual
sale.
i
4
�1111k.7
:r.iw
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987
#1161/#1162 WEESTRAND CONTINUED
Randy Weestrand was present for this matter and stated
that he is withdrawing his request for the rear setback
variance because of the neighbors', Mr. Kokesh,
opposition.
It was moved by Mayor Grabek, seconded by Councilmember�
Sime, to conceptually approve the resolution as drafted.
Motion, Ayes 5, Nays 0.
#1163 JOHN MCDOWELL/WOODHILL COUNTRY CLUB
1255 WOODHILL AVENUE
PRELIMINARY SUBDIVISION
RESOLUTION #2219
Present for this matter were: John McDowell,
Engineer/Surveyor Rick Sathre, and Henry Kingman
representing Woodhill Country Club.
City Administrator Bernhardson explained the joint
subdivision request by John McDowell and Woodhill
Country Club. In March of 1986, the City approved a
division of the John Pillsbury estate allowing the
estate house on a 5 acre tract to be divided off for
independent sale with the remaining parcel B to be
combined with the adjacent Woodhill Country Club land.
The current subdivision involves a division of the
Outlot retained by Woodhill. Mr. McDowell proposes a 5
lot division of the 17.5 acre area to be served by a
proposed private road with the exception of Lot 3 served
by an existing private (Pillsbury) driveway. Lot 2 does
not meet the required 200 feet of width 50 feet in from
the road right. -of -way. The developer proposes the road
at a minimum paved width of 20 fee; hoping to minimize
the loss of trees and major land alteration required
with road construction because of the difficult
topography. Because of specific safety standards, City
Engineer Cook has recommended the following design
:standards:
1. A 22 foot paved width.
2. Minimum width for the road section with the
retaining wall to be maintained at 26 feet to the
shoulder point of impact.
3. Cul-de-sac diameter must be 80 feet.
Regarding Woodhill Avenue, because it is substandard per
public road standards for a road that would now serve a
total of seven residential units, City Engineer Cook has
recommended the following:
1. A 80 feet diameter cul-de-sac installed at the
entrance to plat road to minimize traffic on private
road.
2. Additional right-of-way granted by applicant for
cul-de-sac.
17
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987
11163 McDOWELL/WOODHILL CONTINUED
3. Woodhill Avenue to be upgraded to 24 foot wide
street section from the west edge of the plat to the
first cul-de-sac.
Rick Sathre briefly reviewed the proposed accesses. He
noted the lot width variance needed for Lot 2 noting
that alternatives to resolve the problem would
ultimately be problematic to the other lots. In order
to preserve trees, they are requesting a 20' paved
surface roadway, requiring a variance from the required
24' minimum paved width. Regarding Woodhill Avenue and
staffs four options, they support option 4 mainly
because it would cause the least disruption to the
neighborhood.
Attorney David Davenport, representing Mr. & Mrs. Mark
Fox of 1230 Woodhill Ave., who are opposed to any
improvement of Woodhill Ave. and the dedication and
construction of a cul-de-sac. They are also in favor of
staffs Option 4, and if Council approves any other
option he requested that staff work with the Fox's on
the details.
Councilmember Callahan questioned City Engineer Cook's
recommendation of a 22' paved roadway.
City Engineer Cook stated his recommendation was based
mainly on safety reasons. He explained that the City
could work with the applicant to create the least impact
and yet maintain safety standards.
Rick Sathre did not feel it was necessary to widen
Woodhill Ave, however, if the City requires it suggested
widening on one side only.
Ms. Lindstrom, 1315 Woodhi 11 Ave., stated she objected
to the road being improved at all because it would
result in the removal of many mature trees. They would
like to maintain tie low traffic level.
Mayor Grabek stated that the City has to consider the
health, safety and welfare of the people and provide
access for emergency vehicles.
Mr. Davenport noted that the Fox's would be the only
residents that would gain emergency vehicle access by
providing the cul-de-sac, and felt that the Fox's
already have adequate access for emergency vehicles.
18
MINU zb Utz THG REGULAR UKUNU COUNCIL MEETING HELD JULY 13, 1987
01163 McDOWELL/WOODHILL CONTINUED
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to adopt Resolution #2119 approving the
preliminary subdivision subject to:
1. Widen Woodhill Ave. to 22' per City Engineer
Cooks recommendation with least disruption to
plantings.
2. Provide platted cul-de-sac on the east end of the
public portion of Woodhill Ave. without actually
constructing it.
3. Private road be constructed at 22' minimum width
with cul-de-sac at 80' paved diameter.
4. Provide single access to existing highway at its
conjunction with Orono Orchard Road.
Ms. Lindstrom asked who would pay for Woodhill Ave.
being upgraded?
City Administrator Bernhardson explained that the
owners of the affected properties would pay for it in
addition to the developer contributing because the
improvement is in part to serve the new development. He
noted that it would involve the public hearing process.
City Engineer Cook recommended some type of turn -around
area at the end of Woodhill for snow removal.
Mayor Grabek stated that the City has manage to perform
adequate snow removal without the turn -around for many
years, therefore, felt it unnecessary.
Motion, Ayes 5, Nays 0.
#1164 JOHN MCDOWELL
405 TONRAWA ROAD
SUBDIVISION OF A LOT LINE REARRANGEMENT
RESOLUTION #2220
John McDowell was present for this matter.
City Administrator Bernhardsc-n explained the request for
a Class I subdivision of a lot line rearrangement and
division for tax purposes.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to adopt Resolution #2220
approving the metes and bounds subdivision of a lot line
rearrangement per staff resclution. Motion, Ayes 5,
Nays 0.
19
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987
#1163 JOHN MCDOWELL
1255 WOODHILL AVENUE
FINAL SUBDIVISION
RESOLUTION #2263
John McDowell and Henry Kingran of the Woodhill Country
Club were present for this r meter.
City Administrator Bernhardson explained that the
developers have completed all preliminary plat approval
requirements for the five lot plat of Woodhill Ridge,
except for the agreement with the City that would
stipulate the applicant's share it the improvement costs
for Woodhill Avenue. Staff recommends that final
subdivision approval be conditioned upon; a) that the
Outlot be combined with Woodhill Country Club property,
and b) an agreement on the applicant's share in the
Woodhill Avenue improvements.
John McDowell voiced his concern with the delay involved
with condition "b" noting that he would like to commence
road construction prior to the upcoming cold weather.
fie stated that he is willing to sign and do whatever is
necessary regarding paying their fair share of Woodhill
Avenue improvements.
Henry Kingman stated that they are also anxious for
this project to begin.
City Administrator Bernhardson explained that in order
to protect the City's liabilities the applicant's "fair
share" should be agreed upon prior to construction.
Mr. McDowell noted that the main reason for upgrading
Woodhill Avenue was based on safety reasons, whereas
"all" will bent :. t from the safety standpoint of
upgrading Woodhill Ave., not just his development. He
felt that the public haaring process could take months
to resolve who pays what and what is fair.
Mayor Grabek asked if there was some way to protect the
City's liability and accomodate Mr. McDowell?
City Administrator Bernhardson stated he would be able
to better address Mayor Grabek's question after the
meeting with Mr. McDowell and his attorney on October
1st to discuss the engineer's feasibility study. He
also explained the conceivable problems in reaching a
"fair share" agreement among all involved i.e. City,
applicants, and residents.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD SEPTEMBER 28, 1987
1163 MCDOWELL CONTINUED
David Lindstrom, 1315 Woodhill Ave, stated that his
property abuts Woodhill Avenue and Orono Orchard Road
and he could feasibly access off Orono Orchard and
therefore feels no responsibility toward paying for the
upgrading of Woodhill Avenue noting that it would not
enhance or benefit his property. He noted that the
upgrading is solely due to the Woodhill Ridge
development.
Mayor Grabek agreed that although Mr. McDowell seemed
quite open regarding paying his fair share, it would be
best for all concerned to settle the issue prior to road
construction.
City Administrator Bernhardson noted that should the
settlement be drawn out, staff will present the issue
again for Council reconsideration.
City Administrator Bernhardson explained the issue of
access for Lot 3 which is proposed to access through the
private road serving Woodhill Country Club over the
railroad tracks; P.nd should the railroad ace-ess aver be
closed off by the railroad an alternative access is
planned across Woodhill Country Club and on to the
public road. However, this is a very stringent
agreement with Woodhill to protect the access for Lot 3.
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to adopt Resolution #2263 approving the plat of
Woodhill Ridge conditioned upon execution of a suitable
agreement between the City and the applicants regarding
payment for Woodhill Avenue upgrade; and combining
Outlot with Woodhill Country Club property. Motion,
Ayes 4, Nays 0.
#1184 GERALD MCCOURTNEY
1055 FERNDALE ROAD WEST
VARIANCE
RESOLUTION 12264
Gerald McCourtney was present for this matter.
City P&,iiin4 strator Bernhardson explained the request to
construct additions to bathroom, family room, dinette
area and laundry room requiring a 1.5% increase in
75-250' hardcover and 15' side setback variance for
bathroom addition. Planning Commission recommended
approval and no negative comments from surrounding
neighbors have been received.
It was moved by Councilmember Goetten, seconded by
Councilmember Sime, to adopt Resolution #2264 per staff
re ommendation. Motion, Ayes 4, Nays 0.
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987
ATTENDANCE 7:00 P.M.
The Orono Council met on the above date wit', the
following members present: Mayor Grabek, Councilmember
Peterson, Sime, Callahan, and Goetten. The following
represented the City staff: City Administrator
Bernhardson, Public Works Director Gerhardson, Building
& Zoning Adminstrator Mabusth, Assistant Planning &
Zoning Administrator Gaffron, and City Recorder
Peterson. City Attorney Blatz and City Engineer Cook
were also present.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
Councilmember Callahan, to approve the Consent Agenda as
submitted. Motion, Ayes 5, Nays 0.
ORONO HIGH SCHOOL FOOTBALL TEP.M
RESOLUTION OF CONGRATULATIONS #2313
Mayor Grabek read a Resolution of Congratulations
recognizing the Orono Spartans Football Team, the Coach
and stafA: of the Orono School District congratulating
them fo•. a successful 1987 season.
WOODHILL AVENUE IMPROVEKT.NT
PUBLIC HEARING 7:03-7:12
RESOLUTION #2299
City Recorder Peterson noted the Affidavit of
Publication.
City Administrator Bernhardson explained that approval
of the Woodhill plat was contingent upon upgrading
Woodhill Avenue in order to handle the Aincrease volume
of traffic and emergency vehicle access. The original
feasibility study dune had the cost of the project
between $50,700 and $61,680 depending on the alternative
selected. This has subsequently been amended as the
original feasibility study submitted by the City
Engineer was done in advance of soil borings done on
site. Because of the soil borings, it has been
determined that additional expense would be entailed in
the project and the City Engineer is recommending a
revised Alternative II with some relocation of the road
as Alternative I is no longer cost effective. Prior to
the amended cost, staff negotiated with the developer,
John McDowell, and Woodhill Country Club who agreed to
pay 75% of the total cost of the original feasibility
study not to exceed $46,260. Staff recommends the City
pick up 10% of the balance remaining (plus any expense
over the original maximum of $61,680) and the abutting
three property owners (David Lindstrom, 1315 Woodhill
Avenue; Mark Fox, 1230 Woodhill Avenue; and Jane
McClaren, 190 r ^o Orchard Road) bear the other 15%
of the balance ti _n would amount to $3,084 each. Staff
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987
WOODHILL AVENUE IMPROVEMENT CONTINUED
recommends approving the revised Alternative II for
Woodhill Avenue street improvement as presented by the
City Engineer and to direct the City Engineer to prepare
plans and specifications for the street improvements to
Woodhill Avenue. It is further recommended that Council
direct staff to set an assessment hearing date for an
appropriate time in 1988.
David Lindstrom did not feel the improvement of Woodhill
Avenue would in any way benefit him. He noted that
buffer brush and pine trees would be removed with the
project.
Jane McClaren agreed with Mr. Lindstrom and fe_.� the
upgrade would increase the traffic and she 1?kes the
road as is.
Mark Fox stated he has been against the street
improvement since the beginning. He stated the
improvements will cause damage to shrubs and trees and
create a traffic problem. He sees no benefit to him and
two other property owners with the improvement.
John McDowell stated he and Woodhill Country Club agreed
to pick up a sizeable portion of the the improvement in
order to expedite the plat approval. He stated the
original reason the Council wanted the street
improvement was for safety purposes i.e. emergency
vehicle access. He felt his private road (Outlot A)
takes cure of this need. He noted there were other
substandard roads in Orono that were in need of upgrade
more than Woodhill Avenue. He does not feel a proven
need for upgrading Woodhill Avenue is present and
therefore not neccessary.
Jane McClaren noted that Woodhill Avenue as it exists is
straight and open with clear sight distances that
maintains safety. If anything, she felt the narrowness
of the road slowed the traffic.
There were no other comments from the public and the
public hearing was closed.
Councilmember Sime asked what the existing width of
Woodhill Avenue is and what width is considered safe.
He noted in driving the road today, he had to pull off
onto the shoulder to allow a passing car by.
Public Works Director Gerhardson stated Woodhill Avenue
is currently 16' in driving surface width and 24' is
considered a safe width.
2
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987
WOODHILL AVENUE IMPROVEMENT CONTINUED
It was moved by Mayor Grabek, seconded by Councilmember
Sime, to approve the revised Alternative II presented by
the City Engineer for the Woodhill Avenue street
improvements and to direct the City Engineer to prepare
plans and specifications for the street improvements to
Woodhill Avenue. It is further recommended that Council
direct staff to set an assessment hearing date for an
appropriate time in 1988.
Councilmember Callahan asked how much the revised
Alternative II is expected to add to the cost.
City Engineer Cook stated approximately 10% more but
anticipate the project actually coming in lower to
approximately $56,000 - $57,000.
Councilmember Callahan felt the original feasibility
study should not have been submitted until the actual
soil borings done.
Motion, Ayes 3, Nays 2. Councilmembers Goetten and
Peterson voted nay.
Councilmember Goetten stated she has seen no true
benefit to the abutting property owners and also
objected to the City bearing any additional cost over
the maximum amount stated.
Councilmember Peterson also did not see a benefit to the
property owners and objected to assessing them for the
upgrade due to the impending subdivision.
Riji-ktuVAL OF MINUTES*
It was moved by Councilmember Sime, seconded by
Councilmember Callahan, to approve the Minutes of the
November 9, 1987 Council meeting as submitted. Motion,
Ayes 5, Nays 0.
LAKE MINNETONKA L'ONSERVATIOH DISTRICT REPORT
Representative Jo Ellen Hurr was present for this
matter.
Comprehensive Plan - The Plan has not yet been received
back and hopefully she will be able to report back to
Council on this issue in January.
Executive Director -Search -Status - She stated there
should be 2 or 3 people presented to the board on
December 9th for a vote. She did not know who the
candidates would be. She stated she withdrew her
interest in the position because if suggested conflicts.
3
MINUTES OF THE REGULAR ORONO COUNCIL MEETING PELD J:JNE 13, 1988
ATTENDANCE 7:01 P.M.
The Council met on the above date with the following
members present: Acting Mayor Callahan, Councilmembers
Goetten, Sime, and Peterson. The following represented
the City staff: City Administrator Bernhardson, Public
Works Director Gerhardson, Building & Zoning
Administrator Mabusth, Assistant Planning & Zoning
Administrator Gaffron, and City Recorder Peterson. City
Attorney Barrett and City Engineer Cook were also
present.
CONSENT AGENDA*
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to approve the Consent Agenda
subject to removal of the following item:
028 - Employment -Summer Septic Inspector - requested
by Councilmember Peterson
Motion, Ayes 4, Mays 0.
WOODHILL AVENUE STREET IMPROVEMENT
PUBLIC HEARING 7:02-7:06
WOODHILL AVENUE - AWARD OF BIDS
RESOLUTION
The Affidavit of Publication and Certificate of Mailing
were noted.
City Administrator Bernhardson explained the purpose of
the public hearing to determine if the public street
improvement for Woodhill Avenue should ;De undertaken.
The proposed improvement is a result of a re.:ent
subdivision in the vicinity which is served by a private
road but is served through Woodhill Avenue. The
developer of this subdivision, John McDowell, has agreed
to pay 75% of the street improvement cc.-ts. The city
received bids for the improvement on May 20, 1988. He
noted that a 4/5's vote would be required if the Council
chooses to assess the abutting three property owners and
to order the project- in; and a 3/5's vote would be
required to order the project in if the Council chooses
not to assess the abutting property owners. Council also
has the options to table the matter for two weeks, or
reject the 1 ids and have it rebid, or choose not to do
the project.
John McDowell was present for this matter and had no
comments.
David Lindstrom, 1315 Woodhill Avenue, stated he
understood the safety aspect concerns related to the
proposed improvement, however, he felt that ti-is
improvement never would have been proposed without the
subdivision. He stated he lived 20' off of Orono
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 13, 1983
WOODHILL AVENUE CONTINUED
Orchard Road and felt the road improvement would be of
no benefit to }aim and should not have to share in the
costs for the improvement.
There were no other commentF from the public and the
public hearing was closed.
It was me -�d by Acting Mayor Callahan, seconded by
Councilmeu,oer Sime, that the Council approved the
project for Woodhill Avenue to be undertaken; and accept
the bid. Motion, Ayes 2, Nays 2. Councilmembers
Goetten and Peterson voted nay. Motion tied.
It was moved by Acting Mayor Callahan, seconded by
Councilmember Sime, to table the matter until the July
11, 19BB Council meeting. Motion, Ayes 3, Nays 1.
Councilmember Peterson voted nay. Motion carried.
Councilmember Sime noted the improbability of getting a
4/5' vote on this issue at the July llth meeting.
Theref re, he recommended that the matter be held in
abeyance until the July 25th meeting.
Council felt that tabling the matter further would not
necessarily guarantee obtaining a 4/5's vote.
City Administrator Bernhardson also noted that the bids
would expire by the July 25th meeting.
Councilmember Goetten noted the history of two nay votes
throughout this issue and felt this outcome should have
been anticipated.
City Administrator Bernhardson stated it was his
understanding that the opposition was mainly on the
assessment to the abutting property owners and not
necessarily against the project being undertaken.
Councilmember Peterson asked how wide Woodhill Avenue
currently is and technically what width should the road
be?
City Engineer Cook stated that the road is currently
16' or 18' wide. The road should be at least 20' wide,
but it is recommended to build roads 24' wide because
of the tendancy for the side of the pavement breaking
up.
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July 20, 1988 I" W
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il� I JUL 2 11988
Cit;: of Orono
1335 Brown Road .',o.
Cr;tstal Bay, ••
We resrectfully re^uest that ;you reopen the discussion re-a.r-iir-
the i-irrove-ments on !.'oodhill .Ave. at the 'ul.,, 25, 19F° cit.v
council meetinr-. Due to the L act that the issues at lard ;rere
to be resolved -.t the JU1;I 11, 1�?°cZ T:eetin�-, .•re recor-nize thl-t
the city erred and :tour'. ar^reciate P r o^ro. tunity to air our
yieas on the above -utter.
`ihank you,
'7:�id Lin+stro _
Jane Delanev
131E Woodhill Ave.
Orono,
473-4666
72088.4 jib
' : Q
TO: Mayor and City Council
FROM: Mark Bernhardson, City AdministratorV110 J'
DATE: July 20, 1988
SUBJECT: Support for Minnetrista - Lake Minnetonka Regional Park
Attachment: A. Resolution of Support #2471
B. Steve Smith Letter - Lake Minnetonka Regional
Park Dated 7/8/88
ISSUE -
1. Determination of level of support beyond the resolution that
the Council would like to give to the City of Minnetrista.
INTRODUCTION - At the last Council Attachment A was discussed
with Council adopting a modified form of the resolution at that
meeting.
As you are aware this has been a ongoing issue with Hennepin
Parks during the legislative session, which is part of the
"garbage" bill, through which the Park Reserve was able to obtain
condemnation authority in the City of Minnetrista for a Regional
Park. This authority was granted for a period of two years.
DISCUSSION - As opposed to the way Hennepin Parks has worked with
the wishes of the private property owner and the dedication and
by being extremely cooperative with the City of Orono in the
development on the Noerenberg property that was well in excess of
what they would have been required to do, the tack taken on the
Lake Regional Park has been substantially different. In 1986 the
Orono City Council took the position regarding the Regional Park
was that they desired no more access on the lake ')ut the issue of
the park itself was up to the local community. Hennepir Parks
gaining the condemnation authority was not in tune with that
policy.
1. Lake Minnetonka_ Regional Park - The first issue is related
specifically to the condemnation authority on the lake and
overriding the statutory requirement that Hennepin Park normally
has which is to gain the approval of the local community in the
condemnation. During the legislative session the City of
Minnetrista attempted to negotiate with Hennepin Parks and move
from their original offer of no park, up to 125 acres and finally
up to 220 acres. This however was not acceptable and Hennepin
Parks scayed at their "required" 292 acres. It should be noted
that '_his Regional Park will abut their Carver Park Reserve,
whicn is across the road on Highway 7 and could be connected.
Thee is a possibility that given the time limit on this that the
Park's authority could lapse before the process could be completed
1
given the requirements of the statute that have to bt t.
The primary issue on this is whether the support of the community
to maintain local control is balanced by the sense at the
Legislature that the Cities around the lake are trying to achieve
exclusivity of the lake and that therefore the authority would be
renewed in the future by the Legislature.
2. General Condemnation Authority - Prior to this special
author_ity being given an this one case to both Hennepin Parks and
Metropclitan Council. The Park system was required to obtain the
permission of the "host" community prior to exercising eminent
domain. While municipalities generally can exercise eminent
domain outside its jurisdictional boundries (as evidenced in the
Long take sewer plant issue), this was not an authoriLi
previously grunted to either Hennepin Parks or Metropolitan
Council and would place them in the catagory as it relates
eminent domain of municipalities.
3. The Garbage Bill Issue - The other issue related to the
constitutionality of law suit is the fact that this was concluded
in a garbage bill which is specifically prohibited by the State's
constitution which limits a bill to one topic.
ALTERNATIVES
1. Have the City Attorney review the submissions of the two law
suits and opine as to relative merits of the case.
2. Obtain copies of the lawsuit documents for the Council to
have them review and determine their desire to participate based
on that review.
3. Undertake financial support of the City of Minnetrista
directly in their law suit.
4. Pledge to undertake an "amicus curiae", friend of the court
brief on behalf of the City of Orono in support of Minnetrista.
5. Choose not to take any further support at this time.
RECOMMENDATION - It is recommended that the City obtain copies of
the lawsuits and given the fact that the Popham Haik law firm is
the City Attorney for the City of Minnetrista request a very
preliminary summary from our City Attorney on the merits of the
case submitted by them. It is requested that it bp tabled until
such time as the City obtains that and then makes a decision as
to the best way to proceed in the matter.
PRCPOSED MOTION - Moved by _ seconded by _ the Council
requests a summary of issues and the lawsuit from our City
Attorney for further consideration and its support. Ayes
Nays __
City of ORO:s
RESOLUTION OF THE CITY COUN(
NO. 2471
RESOLUTION OF SUPPORT FOR THE CITY OF MINNETRISTA
AND ITS LEGAL CHALLENGE TO LEGISLATION ALLOWING FOR THE OVERRIDE
OF LOCAL APPROVAL FOR THE ACQUISITION AND CONDE14NATION OF LAND
WHEREAS, the Minnesota State Legislature has passed this
session legislation allowing for the override of local approval
for the acquisition and condemnation of land for a Lake
Minnetonka Regional Park; and
WHEREAS, said legislation established a precedent that
has specific significance for Lake Minnetonka communities and
general significance for local governments everywhere; and
WHEREAS, said legislation circumvents the constitutional
protection of local governments by treating Hennepin Parks Board
and the Metropolitan Council as a local unit of government being
given increased authority; and
WHEREAS, said legislation gives the power to authorize
such condemnation of private property to politically appointed
bodies; and
WHEREAS, the Minnesota State Legislature can pass
general laws affecting the local units of government equally but
is prohibited from passing special laws that affect a single unit
or group of units of local government withost the approval of
their governing board or majority of their voters, said
protection found in Article XII of the Minnesota State
Constitution; and
WHEREAS, said legislation was achieved by incorporating
it in the traditional "garbage bill", the bill funding
departments of state government; and
WHEREAS, said "garbage bill" practices are a flagrant
violation of the Minnesota Constitution Article X prohibiting
laws from embracing more than one subject;
BE IT RESOLVED, that the City of Orono, Minnesota,
considers Lake Minnetonka an important public resource, important
to the life and health of each of the lake communities;
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 /171
1fAw..
BE IT F9RTSER RESOLVED, that the City of Orono,
Minnesota, believes in, and supports, the protection of local
governments as provided by the Minnesota State Constitution.
Adopted by the Orono City Council this llth day of Ju:y,
1988.
ATTEST: James R. Grabek, Mayor
Dorothy M. Hallin,—City Clerk _.
..a
/ & MAYOR STEVE SMITH
,Rogow
T1
HOME 472.7664
Mould1�TD9 MMN�n-
July 8, 1988
JUL 1 1 %8
Mayor Jim Grabeck L_..._..___.._.__.._.. _..
City of Orono
P.O. Box 6A
Crystal Bay, MN 55323
Dear Mayor Grabeck:
Please note that Mayors Steve Smith of Mound and Ruth Sherman of
Tonka Bay invite you, the lake area mayors, to attend a:
LAKE AREA MAYORS' CONFERENCE
Location: Mound City Hall, 5341 Maywood Road, Mound
When: Saturday, July 30, 1988
Time: ,' a.m. to 11 a.m.
Agenda: Lake Minnetonka Cities response to Minnetristas legal
challenge to the override legislation.
Speakers: Attorney for Minnetrista
Senator Gen Olson
Representative John Burger
Attached is a Resolution passed by the Mcund city council on
June 28, 1988, offering support for the City of Minnetrista and its
legal challenge to the legislation allowing for the override of
local approval for the acquisition and condemnation of land. I ask
you, before the Mayors' Conference, to have your city councils
consider supporting the enclosed Resolution with one of your own. I
hope it is an attainable goal tc have the Lake Minnetonka Cities
speak with one voice at its confereeice on July 30, 1988.
Thank you.
Sinceely,
r
teve Smi h
Mayor of Mound
Enclosure
To: Mark E. Bernhardson, City Administrator s7,218p.'Z���G
From: John R. Gerhardson, Public Works Director JUL ;12)
;
Date: July 21, 1988
Subject: Boulevard Restoration - County Road 15
On July 11, 1988, staff submitted an option to Council
regarding the boulevard restoration of County Road 15. Staff
recommended the cc-nmercial area boulevard be paved with a
bituminous surface and the residential area be sodded adjacent to
properties willing to maintain the sod.
The Council decided that the boulevard area thoughout the
project be sod and that the adjacent property owners maintain the
sod.
Discussion followinq the meeting resulted in staff
researching different materials other than sod or bituminous for
the commercial area. The two other alternatives are an exposed
aggregate or paver brick surface.
The commercial area that was reviewed is from Blaine Avenue
east and north and south of County Road 15 on County Road 19.
This area has roughly 10,000 square feet of Boulevard area.
The additional costs to the City for exposed aggregate or
paver bricks is as follows:
Exposed Aggregate 3.50 s.f.
Paver Brick 2.25 s.f.
$35,000
22,500
There are no additional costs to the City for bituminous or
sod.
Options for boulevard area: exposed aggregate, paver brick,
bituminous, and sod.
RECOMMENDATION Due to the high cost of exposed aggregate or
paver brick, it is staff's recommendation that the boulevard area
be bituminous in the commercial area and sod in residential area
if the adjacent property owner is willing to maintain.
PROPOSED MOTION Moved by , seconded by , to approve paving
with bituminous in the boulevard area in the commercial area and
to sod the boulevard area in the residential area if the adjacent
property owner is willing to maintain. Ayes , nays
To: Mayor Grabek and Orono Council Members
From: Mark E. Bernhardson, City Administrator
Forwarded recommending approval.
71488.8
TO: Mayor and City Council !, ,
FROM: Mark Bernhardson, City Administratoob �i
UL �? ia'.
.1
DATE: July 14, 1988
d r�,r
SUBJECT: Water Conservation Regulations
Attachment: A. Water Conservation Memo Dated 6/29/88
B. Water Conservation Memo Dated 6/22/88
C. Draft Ordinance Adding Section 9.36
D. Proposed Resolution
ISSUES
1. determination as to whether the Council wants to adopt a
policy that is more stringent than the current voluntary
compliance request.
2. If specific ordinance measures are adopted, determination as
to the extent of possible banand the means to implement.
3. If Councii desires to delegate to the City Administrator
authority to impose further restriction on the municipal system.
INT_R_O_DUC_TIO_N_ - As noted at the June 27th and July llth meetings
the staff would bring back for Council's consideration more
stringent regulation measures should the drought continue.
DISCUSSION - While the immediate drought problem has been
somewhat relieved by the recent rainfall, this may be only a
temporary relief and as such it may be appropriate for the
Council to have available more stringent water conservation
regulations.
ISSUE 1 - As outlined in Attachment B the typical regulation for
sprinkling is for water user customers. Because of the variety
of sources used in Orono it is recommended that the matter be
approached from conservation of water supplies in total as the
basis for regulation of outdoor watering. Attachment C outlines
the draft ordinance language proposed by the City Attorney which
would allow the Council to more fully regulate water usage in the
community than just through the water system.
ISSUE 2 - Should the Council choose to undertake such
restrictions the level of restrictions which would implement that
need to be addressed. The proposed language does allow for a
variety of measures.
ISSUE_ 3 - It is requested that the following change be made so
the odd/even, complete sprinkling ban of the municipalsystem is
delegated by Council to the Administrator with the following
1
language:
S_ectio_n_ 5 Restrictions_ - The Council delegates to the
City Administrator or his designee the authority to
declare an odd/even or total sprinkling ban or a
complete water use ban of municipal users of any public
system in Orono when in the opinion of the Administrator
or his designee that municipal water supplies have
reached the point that it could endanger the supply for
domestic sanitation and/or fire protection purposes.
This would require ratification by resolution at the
Council's next regularly scheduled Council meeting.
ALTERNATIVES
Issue 1.
1. Adopt
2. Table
3. Amend and adopt
4. Take no action
Issue 2. Implementation of Plan
1. Adopt
2. Amend and adopt
3. Table
4. Take no action
5. Adopt the draft resolution
Issue 3. Delegate Authority of Municipal System
1. Revise ordinance to include prior to adoption
2. Not include
RECOMMENDATION - It is recomme-ded that the Council adopt
Attachment C as proposed to be amended as the means to be able to
regulate the outdoor watering in the community. As proposed the
policy as it relates to watering systems is delegated to the City
Administrator subject to Council confirmation. The longer term
issues, however, would 1)e left for Council action as those relate
to a more longterm problem and the need to ban those uses are not
as inmediate. Staff will immediately contact all appropriate
news media. Initial inforcement will be by warnings starting the
week of August lst if adopted.
PROPOSED MOTION - Moved by , seconded by , that the Council
adopt Ordinance # , Seconc'F-Series as an a3dition to the code
Section 9.36 of its ordinances and also adopt Resolution __ for
implementing these procedures at this time. Ayes , Nays
CC: Mel Kilbo, Police Chief
2
1 �pc�,yr�vr
h
TO: Mayor Grabek & City Council Members
FROM: Mark Bernhardson, City Administrator
DATE: June 29, 1988
SUBJECT: Water Conservation - Regulations and Guidelines
Attachment: A. Draft Newspaper Article
ISSUE - Presentation of information regarding water conservation efforts to
date.
INTRODUCTION - At the Counci l's June 27th, 1988 meeting, they
directed
ir ct d
staff to undertake various voluntaryefforts to
the issues of water conservation.
DISCUSSION - As noted in Attachment A, the article has been distributed to
the local newspapers and will also be included in the Mayor's article.
The staff is intending to bring back a recommendation regarding further
regulatory steps it may take at the July 25th, 1988 Council meeting.
ALTERNATIVES -
1. Accept information.
2. Amend and accept.
3. Direct alternatives to staff action.
4. Table for further discussion.
RECOMMENDATION - It is recommended that the Council accept the information
realizing that staff is working on further regulatory means for Council
consideration at its July 25th, 1988 meeting.
PROPOSED MOTION - Moved by , seconded by _, that the Council accept the
-information regarding efforts to gain voluntary compliance with
conservation. Ayes , nays
Water Conservation Advisory City of Orono
With our abundance of water resourr,2s together with other
natural amenities found in the City of Orono it is often
difficult for us to begin conserving on items that we take for
granted. The City of Orono which operates its own municipal
system has residents served by water systems from Wayzata and
Long Lake. The majority of the community however are on private
wells. Orono has not experienced any significant problems with
its own system. (At present the City of Wayzata does have an
odd -even sprinkling ban in effect for its users which would also
apply to Orono users.) With two dry years hack to back as
evidenced by the low lake level in Minnetonka, the City of Orono
is requesting its residents to voluntarily undertake at least an
odd -even sprinkling ban not for those on municipal water, but
also for private wells or from lake sources. The water be it in
the lake or in the aquifer is a precious resource and to the
extent that it becomes abused may cause a problem for al l of us.
The City further request the residents limit their watering
at this time to concentrating on shrubs, and flowers plus new
sod and new trees letting their grass grow dormant as watering
efforts may actually be injurious to the long term health of the
lawn. Should this drought deepen it may be appropriate to begin
watering the taller trees in order to keep this very strong
natural amenity in good condition.
The water we have although abundant is a limited resource
and the City of Orono request your cooperation in protecting the
resource not only in the aquifer but in our lakes and wetlands.
The City would appreciate any comments that you may have
regarding this advisory or more stringent measures that the City
may need to undertake regarding water conservation should this
drought continue. In addition to this advisory those served by
Long Lake or Wayzata municpal system should abide by whatever
restrictions those cities have in place.
6228
TO: Mayor and City Council
FROM: Mark Bernhardson, City
DATE: June 22, 1988
Administrato
SUBJECT: Water Conservation Advisory
N 77,900fc-'X'r
Attachment: A. Minnehaha Creek Watershed District Lake Levels
Report as June 19, 1988
B. News Article/Dick Grey - Pioneer Dated 6/9/88
C. City Ordinance Section 3.10 Subd. 6 Water
Emergency
D. Excerpts - Minnehaha Creek Watershed - Water
Resources ManagementPlan - 1987 Chapthr 9
ISSUE - Determination by the Council as to what action, if any,
they would desire to take to improve water conservation in the
City during this extended period of dry weather.
INTRODUCTION - While the City water system that serves
principally the Navarre/Shadywood area has not been experiencing
high demand levels, the ongoing drought does raise a concern
about the adequacy of longterm water supplies. This issue has
been requested to be addressed as it relates to lake levels and
lake pumping by Councilmember Goetten and as it relates to the
aquifers generally by Councilmember Callahan. In addition you
may have noted that the Governor has made a request that the
Cities in the Metropolitan area, that use water from the
Mississippi River, undertake selected conservation methods to not
fully draw down the resource. Attachment B is an article
addressing current lake levels and how we have reached the
present state.
DISCUSSION - While water has presently not been been a problem
for Orono the substantially dry year last year together with a
dry year this year could lead to significant problems, not just
from a City well water operation standpoint, but since the City
and its residents are utilizing the same or through the same
aquifers as are most of the Cities in the western suburbs usage
by all may substantially draw it down. As noted in Attachent D
these aquifers may in fact have some interface with Lake
Minnetonka and also with the Mississippi River.
Most regulation of water resources in the suburbs are of the
customers of the utility system. This is the case in Orono's
regulation as noted in Attachment C. To regulate pumping from
the aquifer by private wells and/or the lake may require the City
to explore a different approach to the issue whereby excessive
sprinkling on the outside may be constituting the waste of a
natural resource rather than regulating customer usage. (This is
separate from usage for domestic and sanitation purposes.)
h
As far as actual regulation of pumping from the lake, the
Department of Natural Resources presently issue permits for such
pumping when it exceeds 10,900 gallons per day or 1 million
gallons annually. Below that level they have not been regulating
it. (This issue of lake pumping is not o%ly a water supply issue
but also a recreational and aesthetic/property value issue.)
LMCD presently does not regulate and ti,eir authority in the
matter is unclear.
Much of the current water usage is to keap lawns green together
with shrubs, flowers and trees. When le stop watering their
lawns, the grass just goes dor ?t is our present
understanding that there is a con by some people in the
landscaping field that ongoing waterii+� of the lawns may actually
lead to the death of the lawn in such adverse conditions. At
present people are advising that watering of large trees is not
needed as they are able to reach into the soil to a considerable
depth where there is still moisture. The concern may be however,
for shrubs and selected type flowers that have shallow root
systems. It is advised that watering of established growth need
only to be done so on a weekly basis. The other concern is for
newly planted sod and trees in that it does need water and it is
our understanding that every other day watering would be
appropriate. A final note should be that sprinkling generally
between a hours of 11 in the morning and 5 in the afternoon are
not ter ly productive as much of the moisture that goes onto
the lawn evaporates. Watering is best done in the late evening
or early morning hours.
ALTERNATIVES -
1. Take no action at present.
2. put in the media a voluntary advisory regarding excessive
usage of sprinkling.
3. Invoke the odd/even section under Section 3.10 of ordinance
for water customers only.
4. Explore regulating items such a sprinkling as a waste of
natural resources.
5. Explore regulation of pumping of lake water with the
Department of Natural Resources.
6. Table for further consideration.
RECOMMENDATION - It is presently recommended that the City
undertake the voluntary advisory to its residents to conserve the
aquifer usage together with usage of lake water. If the drought
holds into August it is recommended that the City explore
regulating of sprinkling, not from the water customer standpoint,
but from the proper use of natural resources.
PROPOSED MOTION - Moved by , seconded by __, that the council
direct staff to issue a volunary water conservation advisory to
its residents requesting their voluntary compliance with such an
advisory and that the issue be brought back in a month to
determine if the City should undertake regulation of the issue.
Ayes —, Nays __.
3
ORDINANCE NO.
SECOND SERIES
A WATER USE CONTROL ORDINANCE REGULATING THE
USE OF WATER DURING PERIODS OF WATER SHORTAGE
The City Council of the City of Orono ordains as follows:
Section is amended by adding the following
Section 1. Purpose.
In order to avoid a water shortage due to inadequate capacity in
water systems, to ensure an adequate water supply for fire
protection, to protect the environment of Lake Minnetonka, to
ensure the protection of subterranean aquifers, to maintain the
quality of domestic water supplies, and to protect the general
health, safety and welfare of the residents, the following
regulations on non -essential water uses shall apply during periods
of water shortages.
Section 2. Implementatio,: of Restrictions.
Whenever the City Council shall determine that a shortage of water
threatens the City, it may enact by resolution the restrictions
for non -essential water use set forth in this ordinance. The
resolution shall become effective 24 hours after passage and
publication.
The resolution shall contain the following information:
(1) uses of water that will be restricted;
(2) types of water supply which will be restricted, such
as the public water system, private wells, lake or
other surface water system;
(3) times during which the restriction will apply;
(4) whether the use restrictions will apply to all
property in the City or will vary depending upon
location or identification of property;
(5) when the restrictions will be implemented and when
they will terminate; and
(6) whether the restrictions will be voluntary or
involuntary.
Section 3. Notice.
Whenever the City Council enacts the restrictions in this
ordinance, it shall take such action as is reasonably practicable
to notify the general public of the restrictions. The notice
shall be posted on the City's bulletin board anti shall be
published in the local newspaper. The notice shall include the
information described in Section 2 (1-6).
Section 4. Types of Water Supply.
The restrictions in this ordinance shall, at the discretion of the
City Council, apply to the public water system, private wells,
lake or other surface water systems, or any combination thereof.
Section 5.
Restrictions.
During a water shortage the Cicy Council may order one or any
combination of the following restrictions:
(1) a complete or partial ban on water use for watezi.ng
lawns, trees and shrubs, irrigation, car washing,
filling swimming pools, air conditioning, other uses
determined by the City to be non -essential, or any
combination thereof.
(2) an odd/even watering ban in which residents of
addresses ending in an even digit may water on
even -numbered calendar days and residents of
addresses ending in an odd digit may water on
odd -numbered calendar days;
(3) a limitation of water use for specified hours of the
day;
(4) a voluntary or involuntary restrictic
(5) a use restriction applicable to all oL part of the
City or based on land use or property identification;
and
(6) any other appropriate restriction.
'newly seeded or sodded lawns shall be exempt from these provisions
for a period of 30 days after installation, although no new
seeding or sodding may begin after any applicable water use
restriction is instituted.
Section 6. Termination.
Any water use restrictions imposed by the Council during a water
shortage shall terminate by resolution of the City Council.
-2-
Section 7.
Effective Date.
This ordinance shall be in full force and effect upon its passage
and publication.
ADOPTED this day of
of Ayes and
Mayor
Administrator/Clerk
5087j
Nays.
1988 by a vote
-3-
72088.8
A RESOLUTION ADOPTING A MANDATORY
ODD/EVEN WATERING BAN OUTDOORS
REGARDLESS OF SOURCE OF SUPPLY THROUGHOUT THE COMMUNITY
WHEREAS, the City of Orono has a significant ongoing
concern regarding its water resources; and
WHEREAS, the City of Orono has reflected that concern in
its adoption of Ordinance __, of the Second Series as an
amendment to the code Section 9.36; and
WHEREAS, the precipitation for 1988 is significantly
below normal as was 1987; and
WHEREAS, recent rains have helped alleviate some of the
concern, however, there is still a substantial concern for the
longterm situation.
NOW, THEREFORE BE IT RESOLVED, that in accordance with
Ordinance , Second Series the Orono City Council adopts a
mandatory odd/even watering ban outdoors regardless of source of
supply throughout the community to be in effect until further
notice. The exception to this ban is use of water for seeded and
sodded lawns as outlined in Ordinance Section 5.
Adopted by the Orono City Council on this 25th day of
July, 1988.
------------------------------------
James R. Grabek, Mayor
ATTEST:
- - -- -- - r - - - - r - - - - - - --
Dorothy M. Hallin, City Clerk
72188.4
TO: Mayor and City Council ` J�' j ��''
r _
FROM: Mark Bernhardson CityAdministrato yy t '
DATE: July 21, 1988
SUBJECT: Bohns Point Feasibility Study
Staff suggested tabling this item until the August 8, 1988
Council meeting which will give the new Council appointee time to
study the matter.
/7
To: Mark E. Bernhardson, City Administrator 1,
Pro=: Jeanne A. Mabusth, Building & Zoning Administrator
Date: July 21, 1988
Subject: Asst Zoning Administrator's Step Adjustment
Michael Gaffron, Assistant Zoning Administrator, is scheduled for an
annual review date for step adjustment purposes as of July lot, 1988. The
point results of the time epent profile provided to Personnel Decisions,
Inc. placed the position at a Group 9 level of the City of Orono's
Compensation Plan. Mr. Gaffron is eligible for a step (3-4) at Level 9
under the 1988 Compensation Plan Wage Table. Mr. Gaffron performs his
duties above the expected performance level and I recommend his salary be
adjusted from $14.57 per hour to $15.17 per hour to be effective from July
lot, 1988.
TO: Mayor and City Council
FROM. Mark Bernhardson, City Administrator
Forwarded recommending approval.
PROPOSED MOTION - Moved by _ , seconded by _, that the Orono City
Council approves the increase in step level for the Assistant Zoning
Administrator from $14.57 to $15.17 effective 7/1/88 having advanced
or exceeded the expected performance level. Ayes Nays
IUf_
To: Mark E. Bernhardson, City Administrator
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: July 21, 1988
Subject: Senior Building Inspector's Step Adjustment
Tom Jacobs, Senior Building Inspector, is scheduled for an annual
review date for step adjustment purposes as of July lst, 1988. The point
results of the time spent profile provided to Personnel Decisions, Inc.
placed the position at a Level 9 of the City of Orono's Compensation Plan.
Mr. Jacobs is eligible for a step (3-4) at Level 9 under the 1988
Compensation Plan Wage Table. Mr. Jacobs performs his duties at or above
the expected performance level and I recommend his salary be adjusted from
$14.57 per hour to $15.17 per hour, to be effective as of July 1st, 1988.
TO: Mayor and City Council
FROM: Mark Bernhardson, City AdministratoV
Forwarded recommending approval.
PROPOSED MOTION - Moved by, seconded by _, that the Orono City
Council approves the increase in step level for the Senior Building
Inspector from $14.57 to $15.17 effective 7/1/88 having advanced or
exceeded the expected performance level. Ayes _, Nays
INTEROFFICE MEMO
DATE: July 20, 1988 !jl-
TO: Mark Bernhardson, City Administrator,'
Tom Kuehn, Finance Director
FROM: Mel Kilbo, Chief of Police
RE: Sue Bobzien, Salary Adjustment
Administrative Assistant Sue Bobzien's anniversary is Rugust
13th, 1988, having completed five years with the 0City.
Under the City of Orono compensation elan, she is eligible
to an annual adjustment from $10 . 33 hourly to $10 . 71 hourly.
She has been evaluated and is a valuable, dedicated employe,-.
Her sense of humor and eesv-ooina manner with the public
that has contact with the police department is a big part
of our rapport with the public. I would recommend the
adjustment be granted, effective July 1, 1988. Her evaluation
is enclosed.
TO: Mayor and City Council
FROM: Mark Bernhradson, City Administrato Aa
Forwarded recommending approval as Sue Bobzien has performed
at or above the expected level of performance.
PROPOSED MOTION - Moved by seconded by _, that the
Orono City Council approves the increase in step level
for Sue Bobzien from $10.33 tc $10.71 effective 7/1/88.
Ayes ____, Nays
1
DATE: July 18, 1988
TO: Mark Bernhardson, City Administrator .10
FROM: Mel Kilbo, Chief of Police
SUBJECT: Part-time Officer, James Morrow
Officer James -Morrow was hired January 11, 1988 as a part
time, temporary officer to cover Officer Mike Kirnyczuk who
is on injured on duty status, awaiting final workmens comp
determinations. This determination is still pending::
I request permission to extend Officer Morrow's employment
until further notice. Officer Morrow is on the Edina Police
eligible list and is #4 on a proposed hiring list of 6, 3 of
which have been hired.
It is hoped resulution of Officer Kirnyczuk's status can be
resolved by 12/31/88.
It is understood that deductions for P.E.R.A. will be made
from the point $3,900 in salary is reached and thereafter,
from Morrow's pay.
cc: Tom Kuehn
TO: Mayor and City Council �j�
FROM: Mark Bernhardson, City Administrator
Forwarded recommending approval. There is a need to continue a
part time officer as Officer Kirnyczuk's situation has not been
finally resolved. While exceeding the $3,900 requires the City
to pay P.E.R.A. for Mr. Morrow it is still felt to be an
appropriate expenditure. Officer Morrow continues to perform in
a very satisfactory manner.
PROPOSED MOTION - Movpd by _, seconded by _ , the Orono City
Council extends the em- j,L�vment of Officer James Morrow as a part
time temporary officer ,ntil such time as the situation with
Officer Kirnyczuk is r_ )lved or until December 31, 1988 which
ever is earlier with the same terms of compensation as previously
specified. Ayes _, Nays _
cc: Mel Kilbo, Police Chief
Personnel File
INTEROFFICE MEMO
DATE: January 6, 1988
TO: Mark Bernhardson
FROM: Melvin Kilbo
RE: Authority to Hire Dart -Time Offic+
I am requesting authoritv to hire two licensed hart -time officers
for 1988. As vo>> arP aware, Mike Kirnvczuk was injured cn duty
in February, 1987. His return to duty soon appears doubtful.
Officer Brad Johnson broke his left arm, requiring surgery, while
skiing and will be out for four months. 'this occurred on 12/22/87.
I would employ the licensed officers un to four dews a week to
cover shifts of the injured two regular officers.
I have had medical and psychological tests performed on Mr. James
Morrow, a current Orono Police Reserve since 1986, 26 veers old,
single, who has completed his skills course, and is licenseable.
as a peace officer. He is in the Minnesota Police Recruitment System
with a score of 62. He has a-"B.A. in criminology and a B.A. in
socidlogy. He has completed an internship with the Orono Police
Department in the s urr..ier of 19F6.
I also wish to employ Officer Veter Palmer of the Brooklyn Park
Police Department. Peter Previously was a member of the Orono Poli^e
Reserve and has completed an internship with this Department. Peter
has been with the Brooklyn Park PD for about 22A vears.
I would nay these part-time officers $6.50 an hour with no benefits,
not to exceed $3900.00 for each officer for theivear.
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrato�l
Forward recommending approval to hire Mr. James Morrow as a part time
officer for 1988 with salary not to exceed a total of $3,900 or until
Officer Kirnyczuk is able to return to duty which ever is earlier.
Recommending approval to hire Peter Palmer as a part time officer not
to exceed a period of 6 months and only as a replacement when there
is more than one officer disabled.
f
PROPOSM MXION - Moved by _, seconded fiy _, the Council approves the hiring
t of Mr. James Morrow as a pr--t time office for 1988 with salary not to exceed a
total of $3,900 or until Officer Kirnyczuk is able to return to duty which ever
is earlier. Additionally the council approves the hiring of Pater Palmer as a
part time officer not to exceed a period of 6 months and only as a replacement
when there is rrore than one officer disabled. Ayes _, Nays _.
72188.1
C5��
TO: Mark Bernhardson, City Adminiscrator .JUL J~ 19cfj-
FROM: Tom Kuehn, Finance Director'fw �a ia;�
DATE: July 21, 1988
SUBJECT: 1988 Appointments - Additional Depositories - Resolution
Attachme.it: A. Proposed Resolution Adopting Appointments
ISSUE_ - Adoption of resolution for appointment of additional
depositories.
INTRODUCTION _ - Since the -"3 appointments were adopted we have
purchased _ a certificat( deposit through M. H. Novick and
Company. The institutioi. ranklin Savings Association, Ottawa,
Kansas, is not currently named a depository, so should be added
3t this time.
TO: Mayor and City Council k
FROM: Mark Bernhardson, City Administrate
Forward recommending approval of attached resolution.
PROPOSED MOTION - Moved by _ , seconded by __, to adopt
Resolution Number making an additional depository p ointment
for 1988. Ayes __,Nays __
72188.2
A RESOLUTION DESIGNATING ADDITIONAL
APPOINTMENTS TO RESOLUTION #2348 FOR THE YEAR 1988
BE IT RESOLVED, by the City Council of. the City of
Orono, Minnesota, that additional appointments and designations
for the year 1988 are as follows:
A ointment/Desi nation
1988
Official Depositories Franklin Savings Association,
Ottawa, Kansas
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held July 25, 1988.
--------------------------------
James R. Grabek, Mayor
ATTEST:
T - - - it-T - y - - - - e-r- k - - - - - --
Dorothy M. Ha111n, CCl
72088.6 ---��
TO:
Mayor
and City Council
JU!_ 52
1;;� s
FROM:
Mark
Bernhardson, City Administrato
DATE:
July
20, 1988
SUBJECT:
Strategic Goal Setting and Capital Budget
Meeting -
7:60
P.M., WEDNESDAY, AUGUST 3, 1988
ISSUE -
1. Reminder of meeting
2. Preliminary agenda
IN_TR_ODU_C_T_ION- At the Counci l's June 27, 1988 meet i rg, the date
of August 3r__d was selected as a special meeting to do the goal
setting for 1989 plus work on the initial capital budget.
DISCUSSION - The goal setting work to date was previously
transmitted. It is hoped that you can bring changes to the
mission statement and directions you desire plus the goals you
want for 1989.
As for the capital budget, I had hoped to transm4*. a revised
version from earlier this year plus additional background by this
meeting. I now hope to transmit it by the end of the week of July
25, 1988.
A 'NDA
1. 1985 Goal Setting
- Review/Revise
-Mission Statement
-External/Internal Analysis
-Key Strategic Objectives
- Establish Key Short Term Objectives - 1988-89
2. Capital Budget
Discuss Preliminary Guidelines
Discuss Format
Discuss Projects - Generally
- 1989
3. 1989 Budget Process
- General Comments on Budget Expectations
- Incorporation of Goal Setting Objectives and
Capital Budget Objectives in Budget as
Appropriate
- Discussion of Other Budget Objectives
(Page 4 of 1989 Budget Message)
1
i
ALTERNATIVES
1. Accept time and agenda as presented
2. Alter agenda and/or time
RECOMMENDATION - It is recommended that Council reaffirm time and
date and accept the agenda. If Council would like we could do a
supper meeting at 6:00 P.M.
PROPOSED MOTION - Moved by _ , seconded by _, that the Council
reaffirm the Goal Setting and Capital Budget meeting for August
3, 1988 at ___ P.M. Ayes Nays
�7Ce
72288.1
To:
Mark
E.
Bernhardson, City Administrator
Fro■:
John
R.
Gerhardson, Public Works Director
Date:
July
22,
1988
Subject: Summary Ordinance - Improvements on Public & Private Roads
and Rights -of -Way
On July 11, 1988, the Orono Council approved amending Sections 6.01,
6.05, and 6.06 of the Orono Municipal Code relating to improvements on
public and private rights -of -way. To avoid costly publication of the
entire ordinance amendment, we have drafted a summary ordinance for
publication.
RECOMMENDATIONS To approve and publish the summary ordinance amending
Sections 6.01, 6.05, and 6.06 of the Orono Municipal Code relating to
improvements on public and private roads and rights -of -way.
PROPOSED MOTION: Moved by , seconded by , to approve and publish the
summary ordinance amending Sections 6.01, 6.05, and 6.06 of the Orono
Municipal Code relating to improvements on public and private roads and
rights -of -way. Ayes , nays
To: Mayor Grabek and Orono Council Members
Fromm: Mark E. Sernhardson, City Administrator
Forwarded recommending approval.
SUMMARY ORDINANCE
A SUMMARY OF ORDINANCE NO. AMENDING SECTIONS 6.01, 6.05 AND
6.06 OF THE CITY OF ORONO MUNICIPAL CODE RELATING TO IMPROVEMENTS
ON PUBLIC AND PRIVATE ROADS AND RIGHTS OF WAY.
The Council of the City of Orono ordains:
A summary text of the above cited ordinance is approved in the
following form:
This ordinance affecting public and private roads
requires permits from the City's Public Works Director
for improvement or construction of roadway surfacing,
sidewalk, curb and gutter, driveway, driveway
approaches, driveway turnarounds and curb cuts.
This ordinance shall be available in full printed text for
inspection by any interested party during regular office hours at
the office of the Orono City Clerk.
This ordinance shall be effective
James R. Grabek, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
er
71888.1 C-'I J
TO: Mayor and City Council
FROM: Mark Bernhardson, City Administrato
DATE: July 18, 1988
SUBJECT: 1987 Financial Report Publication Summary
Attachment A. Proposed Publication Summary for 1987 Financial
Report
ISSUE A.) Approval of the 1987 Financial Report publication.
INTRODUCTION - Attachment A is the state required publication
summary for the 1987 year, to be published by July 30, 1988.
DISCUSSION - As noted Minnesota statutes dictate that the City
publish tFie summary of the financial report, in the form as
prescribed by the State Auditor, in a qualified newspaper of
general circulation in the City... no later than 30 days after
the financial report is due in the office of the State Auditor.
The attached is the summary, to be published the week of July 25,
1988.
PROPOSED MOTION - Moved by , seconded by _, to approve the
summary publication of the annual financial report for the year
ended December 31, 1987. Ayes _ , Nays __
i
61887.2
CITY OF ORONO
ANNUAL SUMMARY FINANCIAL REPORT
YEAR ENDED DECEMBER 31, 1987
The purpose of this report is to provide a summary of financial
information concerning the City of Orono, Minnesota to interested
citizens. The complete financial statements may be examined at
the Orono City Office at 1335 Brown Road South, telephone 473-
7358. Questions about this report should be directed to the
finance office.
The information presented is from the general purpose financial
statements of the City for the year ended December 31, 1987 and
1986. The right-hand column shows the percentage change in
dollars between the two years.
r Revenues and Expenditures for General Operations
(Government Funds)
Revenues
Taxes
Special Assessments
Iitergovernmental Revenues
Cnarges for Services
Miscellaneous
Total
Expenditures
General Government
Public Safety
Streets
Parks and Recreation
Miscellaneous
Capital Outlay
Debt Service
Total
Excess of Revenues Over (Under)
Expenditures
Operating Transfers In (out) - Net
Residual Equity Transfer
Fund Equity, Beginning of Year
Fund Equity, End of Year
Percent
Total
Total
Increase
1987
1986
(Decrease)
$1,106,613
$ 988,711
12%
378,567
671,947
(44)
537,193
648,739
(17)
594,424
605,002
(2)
611,845
578,535
6_
3,228,642
3,492,934
(8)
542,670
461,771
18
1,229,898
1,148,353
7
386,718
493,833
(22)
104,584
48,052
118
68,909
126,389
(45)
64,126
363,295
(82)
662,184
743,450
(8)
3,079,089
3,385,143
(!)
149,553
107,791
31)
--- 5,000 (100)
153,904 --- ---
_4,944,277 _4,831,486 2_
$5,247,734 $4,944,277 68
I
61887.3
CITY OF ORONO
Enterprise Funds Operations
Year
Ended December
31, 1987
MUNICIPAL
GOLF
LIQUOR
WATER
SEWER
COURSE
Name of Fund:
OPERATING
OPERATING
OPERATING
OPERATING
Revenues
Operating Revenues
$
$148,767
$382,352
$ 84,175
Other
100,171
2,067
51,569
8,932
Expenses
Operating Expenses
61,625
115,439
342,376
85,879
Depreciation
662
38,918
120,118
3,324
Other
1,466
Net Income (Loss)
37,884
(4,989)
(28,573)
3,994
Residual Equity Transfers
(153,904)
--
--
--
In (Out)
Credit for depreciation on
--
33,019
117,361
254
Contributed Equity
Retained Earnings, beginning
116,020
53,504
730,150
42,623
of Year
Retained Earnings, End of Year
$ -0-
$ 81,534
$818,938
$ 46,781
The complete financial report
available
at the Orono finance
office
includes detail
on the information summarized
above.
KEY FINANCIAL HEALTH INDICATORS j
f
1987 1966 1985
Current population 7,212 7,172 7,020
Taxable valuation of real & personal $103,551,514 $100,777,875 $102,076,663
property
Percent of property taxes collected 97.7% 97.4% 96.7%
City expenditures per capita $ 426.94 $ 471.99 $ 419.02
(governmental funds)
i
Ratio of bonded debt to taxable 2.30% 2.85% 3.32%
valuation (general obligation and special
assessment debt only)
Bond rating Aa Aa Aa
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P S Q
CITY OF ORONO
COIOIIWED STATEMENT OF REVENUE, EIP MSIS, Ash CSAMGRS 10 RETAINED LARXIMG1
ALL PROPRIETARY PIM TYPES
Test &dad Decsm*ar 31. 1997
(With Cooperative Awounto for Test Eded 6ecesber 31. 1966)
inter rig• funds
l
1 9B6
Salsa mad Cost of sales:
$ales
$ 198,409
1 493,666
Cost of sales
145 Soo
�356 516
Gteoe Profit
52"010
133370
operatiss Revenues:
Metered water sales
146,194
113.661
User charges
376,205
343,':T6
Green fees
66,542
61,255
Lqulpment vestal
16.550
13.292
Other
7 603
Total Oystering Revenue
6�
Total Gress Profit and Operating Revenue
6".113
69 .
Dper•tiag Espouses:
Personal services
203.061
248,172
Purchmood water
32,565
25,967
Sever disposal charges
222,505
205.734
Professional services
7,610
10.769
Operating W esintenence supplies
16,573
16.943
Most, light, and Power
33,411
36,054
Depreciation
163.022
166,628
Rent. buildings. and equipment
11.955
20.023
Msiatenancs and repait:
23.449
21,487
Administrative and office alp use
31.965
36.097
Other expenses
Total Operating Espeoses
2 005
3,371
Operstl
766 341
t13 265
a Loss
100, 26)
(1)
Ilse-Operatisg Revenue (Expense):
Imtermet eermed an investments. :seats sold to other
governmental suite. and isterfud leans
51.686
66,152
Amortization of deferred credits
9.530
9.530
Other !scone
2.061
360
Interest expense on iaterfund loans
(1.466)
(1,710)
Gain on sale of liquor store assets
Total -Operating Revenue
46 643
312
Non (Expense)
100,54,
Not Income (Lose) Before Operating Transfers
6,226
(62.06)
Operating transfers (out)
-
_ (5.000)
YET INCOMI (LOSS)
1 6.226
6 (67.976)
Credit for depreciation an contributed assets
_ ll0.6>•
__15$.S43
Increase fa Retained Esrnlag■
1 60
�j67
Retained earrings - beginning of year
942.297
456,730
Residual equity transfer fro= Liquot Operating
Fund to General Fund
(153,904)
-
Retained Earnings - End of Year
S 9�25]
S 942.29?
71488.9
1y
TO: Mayor and City Council `f ` L 5 2
FROM: Mark Bernhardson, City — -inistrato�
DATE: July 14, 1988
SUBJECT: Resolution of Recognition - Thomas Kuehn
Attachment: A. Proposed Resolution of Recognition
ISSUE - Determination of appropriate means to recognize the
ich Tevements of Thomas Kuehn as the City's Finance Director.
INTRODUCTION - At the Council's June 27, 1988 meeting in
conjunction with the receipt of the annual audit report the
Council directed staff to prepare for formal. presentation a
recognition of Mr. Kuehn's efforts in particular the most recent
audit statement.
ALTERNATIVES
1. Adopt
2. Amend and adopt
3. Table
4. Take no action
RECOMMENDA_TIO_N - It is recommended that the Council adopt
Resolution recognizing Thomas Kuehn for the excellent efforts
he has made in producing the 1987 Audit Statement for submission
to the Government Finance Officers Association for consideration
of its certificate of achievement for excellence in financial
reporting.
PROPOSED MOTION - Moved by , seconded by , that the Council
adopt Resolution #__ recognizing the efforts of Thomas Kuehn the
City's Finance Director for the 1987 Audit Report. Ayes Nays
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION OF RECOGNITION FOR
THOMAS M. KUEBN, FINANCE DIRECTOR
WHEREAS, Thomas M. Kuehn has been the City's Financial
Director since ; and
WHEREAS, through his efforts and the efforts others in
the organization the City of Orono is in an excellent financial
postion; and
WHEREAS, Mr. Kuehn undertook on his own initiative the
preparation of substantial additional work in order for the City
to be able to submit a financial report for consideration by the
Government Finance Officers of America; and
WHEREAS, consideration by the G.F.O.A. of financial
reports can lead to the City receiving a Certificate of
Achievement for Excellence in Financial Reporting; and
WHEREAS, this effort has not only been beneficial *o
achieve the award but ad"itionally has been of extremr y
beneficial to the Council and staff in its understanding of ie
City's financial profile; and
wHBRzAS, Mr. Kuehn has undertaken several other efforts
to improve timely reporting procedures in the City.
NOW, THEREFORE BE IT RESOLVED, that Mr. Thomas Kuehn be
recognized for his excellent efforts in the preparation of *`--e
1987 Audit Report; and
BE IT FURTHER RESOLVED, that the City congratulate Mr.
Kuehn for his efforts in aiding the City to attain its excellent
financial position.
Adopted by the Orono City Council on this 25th day of
July, 1988.
ATTEST: James R. Grabek, Mayor
Dorothy M. Hallrn, C ty C errs--
7
72088.7
TO: %1a,: or an-1 C i ty Counc i 1 L JUL 3
FROM: Mark Bernhardson, City Administratot���r
•4l
DATE: July 20, 1988
SUBJECT: Amendment to the Liquor Ordinance - Underage Consumption
Attachment: A. Tom Barrett Letter Dated 7/18/88 Including
MS 349A.503
B. Draft Ordinance - Teen Drinking Parties
ISSUE - Presentation of revised liquor ordinance regarding
responsibility for underage consumption.
INTRODUCTION - At the Council's last meeting they adopted an
ordinance Amendment reguarding responsibility of individuals
allowing alcohol consumption by underage individuals. At the
request of the Counci 1 the City Attorney researched the matter
and revamped the Ordinance.
DISCUSSION - While this ordinance does impose a duty on the
responsible party of the premises that is not in State Statute
(except fog license holders), the State Statute does state
possession or consumption of alcoholic beverages by an underage
individual not in the household of his/her parents or guardian.
ALTERNATIVES
1. Adopt as revised
2. Amend and adopt
3. Not adopt leaving prior adoption in place
RECOMMENDATION - It is recommended that the Council adopt the
revised ordinance language.
PROPOSED MOTION - Moved by __, 7onded by , that the Orono
City Council adopt the drat'. or, ice language of A. tachment A
as a substitute for the amendmen _jopted at the 7/1_1/8C Council
meeting. Ayes Nays __
1
POr- C. •. AA!K, :CHNOBRICH & KAUFMAN,L'D.
3300 !'IPER JAFFRAY TOWER j
MINNEAPOLIS. MINNESOTA 55402
WAYNE G.POPHAM JAMESA PAYNE TELEPHONE D. RANDALL BOWER
RAYMOND A .AIK DAVID A JONES 612 -3J]-4'• 3C
BRIAN N.JOHNSON K /`I f /, a �✓
ROGER W. SC.NOBRICM LEE E.SHEC.♦ TtMOTMY w. KUCK
0CNVCR KAUFMAN ALAIN FPECON TELECOPILI4 CAROL B. SWANSOI
POSE PT A. MIN I Sr. LESLIE GILLETTC 1331612-33a 2713 BRUCC A. PETL•+SC
R 0LFE A.WOPC '., MICHAEL T. NILAN '321612-33 2781 JULIE A SwFI*7CP
G. MARC WHIT( -..f AD ROBERT .. LYNN T.OMi vM
B' ;)CC O. WIL . -ONAS M. SIPKINS 1311612-33A-2503 MICHAL_ 'F
F I•. 'JE R IC". S. s, ,NARDS ROBER! C MOILANEN J. MICHA_,
BC RT JO..�SON T.OMAS F. NEL501. TODD M JC r L1a V.. •+- - • - -
GA'.. R. MACOMBER T.OMAS J. PADIC SUITE 2400 JEFFREY : 10, SHANE R. KELLCY
12C.0 SEVENTEENTH STREET
R09CQT S. BURK DAVID L HAS -MALL LOUT P H SUSAN M. WEIS
.UGH V. PLUNKETT. 11. ,ATM_EEN M. MARTIN DCNVER. COLORADO 80202 BRUCE M. LITTLE MAQK F. TEN EYCK
FRE DERICK C BROWN JOHN C. CHILOS TELEPHONE ]03-89J-1200 NARK F PALMA DUANE P. NOECKER
T.OMAS K. SLPG DOUGLAS P.SC ATON Q U55C L L S. PO NCSSA
.TAMES P. STEILEN THOMAS E SANNE- T LCCOPIER 303-893-2194 BRYAN L.CRAWFORD
JAMES B. LOCKHART RICHARD A. KAPLA•. MATTHEW E. DAMON
ALLCN W. HINOCRAKEP BRUCE B. M-PMCE:!a. SUITE 300 SOUTH JOHN W. PROVO
CLIFFOPO M. GREENE SCOTT E. RICHTER 1800 M STREET, N. W. ELLEN SUE PARKER OR
COUNTCi
D. WILLIAM FAUFMAN PAUL J. LINSTROTM 20036 GREGORY G OR0OKER FRED L. MORRISON
MICHAEL O. FREEMAN SCOTT A. SMITH WAtf TELEPHONE
2 O. 2 5300
T[L[PMONC 202-B2B-S300 WILLIAM M. OJILC, JP.
HOWARD SAM MYERS,I11 DONALD M. :CWIS _ TCRPANCC A. COSTELLO
LARRY D. ESPEL CL12ABCTH A. THOMPSON ELECOPICR 202-028-53I8 JOS EPH D. VASS
JANIC S.MAYERO'-1 KEITH J."ALLELAND UiRECT DIAL NUMBER BRIAN W. OHM •AOM.TIEO I. I R.A
THOMAS J. BARRETT MARK B.PETERSON STEVEN A. CMELCSNIK •,• v T'EO 1N ILOND'S
18, 1988
I
Mark Bernh::rdson 2 0
City Administrator
P.O. Box 66
Crystal Bay, MN 55323
Dear Mark:
T hope this draft is closer to the mark. nn. Stat.
380A.50"s, subd. 2 att,--hed, the .--rage daughter -a problem
cannot be solveu.
Let me know vour reacti',n.
Very truly yours,
Thomas J. Barrt
TJBle OFF+i
Enc'_
ORDINANCE NO. , SECOND SERIES W7_rA211111e-,Vr 13
AN ORDINANCE AMENDING SECTION 4.17 OF ORDINANCE 32 OF THE SECOND
SERIES REGAPDING PERP4ITTING THE CONSUMPTION OF ALCOHOL BY MINORS.
The City Council of the City of Orono ordains: Ordinance
Chapter 4, Section 4.17, adopted March 17, 1987, and entitled "An
Ordinance Relating to Intoxicating and Non -Intoxicating Liquor,
Licensing, and Regulation" is amended by adding a .,ew subdivision
19 which reads as follows:
Subd. 19. The following terms, as used in this
subdivision, shall have the following meaning:
a. "Person responsible" mea-is a person who -3wr,s, rents,
resides on, or inhabits a premises.
b. "Minor" means a person under the state established
drinking age as defined in this Chapter.
C. "Premises" means any vacant land or any structure.
d. "Liquor" means intoxicating liquor or
non -intoxicating malt liquor.
A ^Prson responsible for a premises who is present thereon must
det(rmine whether any individua'.•)n the premises possessing,
consuming, or intending to consume liquor is a minor. A person
responsible who is present on the premises may not knowingly allow
the consumption of liquor by a minor. This subdivision does not
prohibit a person responsible who is the parent or guardian of a
minor from consenting to the consumption of liquor by the minor in
the hovGehold of the parent or guardian.
As ordinance become- effective upon adoption and
i)lik -ion on
_opted by the City Council of the City of Orono on the day
of July, 1968 by a vote of ayes and nays.
Fla`y,r, City of Orono
ATTEST
Dorothy M. Hallin, C'_
5069j
t_ttlt OR sc-r �40.%.cO3
RETAIL SALES REEL I_A I IONS
340A..'Z,11 RESPONSIBli-in, OF LICENSEE.
E%cr} licensee is responsible for the conduct in the licensed establishment and an%
sale of alcoholic beverage by any emplo�ce authorized to sell alcoholic beverages in the
establishment is the act of the licensee.
history: 1985 c 3W art 7 s 1
340A.502 S:%LES TO OBVIOUSLY INTOXICATED PERSONS.
No person mad sell. give. furnish. or in am aay procure for another alcoholic
bevcrages for the use of an obviously intoxicated person.
History: 1985 c 305 art 7 s 1
340A.503 PERSONS UNDER 21. ILLEGAL ACTS.
Subdivision 1. Consumption. It is unlawful for any:
(1) retail intoxicating liquor or nor'ntomcaung liquor licensee or bottle club
permit holder under section 340A.414. to permit an\ person under the age of 21 years
to consume alcoholic beverages on the licensed premises: or
121 person under the age of 21 \ cars to consume am alcoholic bey cra es unless in
1"uwhold of the nerson's Dareent or guardian and %%ith the �:onscnl of the narent ur
Qhw"
SUhd. 2. Purchasina. It is unlaNsful for anv ucrson:
t I i to cell_ barter. furnish_ or eixe Icoholic be\craves to a nerson under 21 \cars
or guardian of a person under the ace of 21 \cars may n
!es to that ucrson su c \ for consunmtion in the houscho
(2) under the age of 21 years to purchase or aticnipt to ; urchase any alcoholic
beverage: or
(3) to induce a person under the age of 21 %cars to purchase or procure an\
alcoholic beverage.
Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age
of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any
municipal liquor store for the purpose of purchasing or having served or delivered am
alcoholic beverage.
(b) Notwithstanding section 340A.509. no ordinance enacted by a statutory or
home rule charter cit\ may prohibit a person 18. 19. or 20 Vicars old from entering an
establishment licensed under this chapter to:
(1) perform work for the establishment. including the sen ing of alcoholic bever-
ages. unless otherwise prohibited by section 340A.41 _2. subdivisio: :
(2) consume meals. and
(3) attend social functions that arc held in a portion of the establishment %%here
liquor is not sold.
Subd. 5. Misrepresentation of age. It is unla►sful for a person under the age of
21 }care in claim to be ' I years old or older for the purpose if rurchatinf alcoholic
bo •rages.
-Subd. 6. Proof of age. Proof of age for purchasing )nsuining alcoholic
beverages may be established only by a valid drivers license or . icsota identification
catd. or in the case of a foreign national bN a valid passport.
Z
INTEROFFICE MEMO
DATE: July 6, 1988
TO: Mark Bernhardson, City Administrator
FROM: Melvin Kilbo, Chief of Police
RE: Draft Ordinance - Teen Drinking Parties
As a part of the Department's program to control teenage drinking
parties in our jurisdiction, I am requesting passage of draft ordinance
4.17, Subd. 9, to allow officers to charge those persons that set up
or allow parties to take place. We have used the amendments we passed
previously and have been sending letters to parents advising them `eir
children were picked up at drinking Parties. We are also sendi^q
letters to parents where cars have been parked in the area. We ave
had splendid results, many parents were not aware their childrer
were at a drinking party.
City Attorney from Long Lake took this draft to Council on July 5th
for their consideration. City Attorney Gary Phleger will be
talking to the Spring Park Council as to their interest.
I hope the Council can assist the Police Department in their program.
TO: Mayor & Council
FROM: Mark Bernhardson, City Administrator
Attachment a. Orono Code Section 4 17
b. ordinance Amendments - Noisy Parties memo, dated 5/5/88
C. Final Report -Drug/Alcohol Awareness, dated 6/8/88
As a followup to the work done earlier, it is re" uested that the follow-1
ing be adopted in order to charge those in control of a house or other
premises who they allow consumption of alcoholic beverages by underage
individuals.
In addition is attached a renor-,: from Officer English related to the
Department's efforts on drugs and alcohol and the reaction of those
in the schools.
Alternati,,es
1. Adopt
2. Amend and Adopt
3. Table
4. Choose Not to Adopt
ORDINANCE NO. , SECOND SERIES
AN ORDINANCE AMENDING SECTION 4.17 OF ORDINANCE 32 OF THE SECOND
SERIES REGARDING PERMITTING THE CONSUMPTION OF ALCOHOL BY MI17ORS.
The City Council of the City of Orono ordains:
Ordinance Chapter 4, Section 4.17, Subdivisionlq, adopted
March 17, 1987, and entitled "An Ordinance Relating to Intoxicating
and Non -Intoxicating Liquor, Licensing, and Regulation" is amended
to read:
Subd. A
It is unlawful for any person over the State established legal
drinking age who is present on and either owns, rents, resides
in, or is otherwise responsible for a premises to knowingly
permit or allow a person who has not attained the State established
legal drinking age to consume intoxicating liquor or intoxicating
or non -intoxicating malt liquor in any quantity for any purpose on
such premises, unless in the household of the person's parent or
legal guardian and with the consent of the parent or guardian.
It shall be incumbent upon the person(s) responsible for such
premises to ascertain the ages of all individuals who are on the
premises and who are allowed or permitted to consume intoxicating
liquor or non -intoxicating or intoxicating malt liquor.
This ordinance becomes effective upon adoption and publication on
Adopted by the City Council of the City of Orono on the llth day
of July, 1986 by a vote of ayes and nays.
Mayor, City of Orono
ATTEST
Dorothy M. Hallin, Cle
Recommendation
It is recommended the attached ordinance language be adopted.
Proposed Motion M 2nd The Orono City Council Adopts
Ordinance No. as an amendment to Section 4.17 of Ordinance
32 of the second series regarding permitting the consumption of
alcohol by minors.
SEC. 4.17. General Prohibitions for purposes of this
section, it is unlawful to:
NON -INTOXICATING MALT LIQUOR
Subd. 1. Person other than the parent or legal
guardian to procure non -intoxicating malt liquor for any person
below the State established legal drinking age.
Subd. 2. Person under the State established legal
drinking age to consume non -intoxicating malt liquor unless in the
company of his parent or guardian.
Subd. 3. Person under the State established legal
drinking age to have in his possession any non -intoxicating malt
liquor with intent to consume the same at a place other than the
household of his parent or guardian. Possession of such non -
intoxicating malt liquor at a place other thar, the household of his
parent or guardian shall be prima facia evidence of intent to
consume the same at a place other than the household of his parent
or gauadian.
Subd. 4. Licensee or his employee to sell or serve non -
intoxicating malt liquor to any person under the State established
legal drinking age, to consume non -intoxicating malt ligoor on the
licensed premise, or to permit any person under tie state
established legal drinking age to loiter or to remain in the room
where on -sale non -intoxicating malt liquor is being sold or served
unless accompanied by his parent or legal guardian.
Subd. 5. Person under the State established legal
drinking age to purchase or otherwise procure non -intoxicating malt
liquor, or induce another party, not his parent or guardian, to
procure non -intoxicating malt liquor for him.
INTOXICATING LIQUOR
Subd. 6. Person under the State established legal
drinking age to consume intoxicating liquor.
Subd. 7. Person under the State established legal
drinking age to have intoxicating liquor in his possession.
Subd. 8. Person under the State established legal
drinking age to enter licensed premise for the purpose of
purchasing o_ procuring intoxicating liquor.
Subd. 9. Person under the State established legal
drinking age to be in or upon licensed intoxicating liquor premises
except a restaurant, hotel or motel, and then only if accompanied
by at least one of his parents or his guardian; and it is unlawful
for the licensee to permit such person to remain upon licensed
premises.
Subd. 10. Licensee to sell or serve intoxicating liquor
76
to any person under the State established legal drinking age.
Subd. 11. Person to furnish, purchase or procure
intoxicating liquor for a person under the State established legal
drinking age.
Subd. 12. Person under the State established legal
drinking age to purchase or otherwise procure intoxicating liquor,
or induce another to purchase intoxicating liquor for him.
Subd. 13. On -Sale Licensee to sell wine except in
conjunction with the sale of food.
INTOXICATING AND NON -INTOXICATING LIQUOR
Subd. 14. A person under the State established legal
drinking age to misrepresent his age for the purpose of obtaining
intoxicating or non -intoxicating malt liquor.
Subd. 15. Person to knowingly induce another to make an
illegal sale or purchase of intoxicating liquor or non -intoxicating
malt liquor.
Subd. 16. Licensee to sell intoxicating liquor or non -
intoxicating malt liquor on any day, or during any hour, when sales
of liquor are not permitted by law.
Subd. 17. Person to purchase intoxicating liquor or non -
intoxicating malt liquor on any day, or during any hours, when
sales of liquor are not permitted by law.
Subd. 18. Licensee to sell or serve intoxicating liquor
or non -intoxicating malt liquor to any person who is obviously
intoxica`ed.
NON -INTOXICATING MALT LIQUOR
SEC. 4.20. NON -INTOXICATING MALT LIQUOR. LICENSE REQUIRED.
It is unlawful for any person to sell, or keep or offer for sate,
any nun -intoxicating malt liquor without a license therefor from
the City. This Section shall not apply to sales by manufacturers
to wholesalers or to sales by wholesalers to persons holding off --
sale non -intoxicating malt liquor licenses from the City.
SEC. 4.21. TEMPORARY NON -INTOXICATING IAALT LIQUOR LICENSE.
Subd. 1. Applicant. A club or charitable, religious, or
non-profit organization, duly incorporated as a non-profit or
religious corporation under the laws of the State of Minnesota, and
the City, shall qualify for a temporary on -sale non -intoxicating
malt liquor license, for serving non -intoxicating malt liquor.
Licenses may be issued for serving, in addition to other premises,
on and off school grounds, and in and out of school buildings.
ORONO CC
77
5488.5 ^' �'—
TO: Mayor and City Council
4�
FROM: Mark Bernhardson, City Administrato`1�
DATE: May 5, 1988
SUBJECT: Ordinance Amendment - Noisy Parties
Attachments: A. Kilbo Memo Dated 5/4/88
B. Popham Haik letter Dated 4/21/88
C. Popham Haik Letter Dated May 2, 1988
D. Chief Kilbo Letter Dated 2/24/87
E. Ordinance No. 9.20 and 9.21
ISSUE -
1. Presentation of strategy to deal with large parties by
underage individuals.
2. Adoption of one element to help deal with the problem.
INTRODUCTION - The police department has been frustrated in their
efforts over the years to deal with parties in which there are
large numbers of r,rten underaSed individuals who are engaged in
alcohol consumption. Part of the problem revolves around:
1. The fact that unless there is probable cause the
officer is not able to enter the premises, even with a
search warrant.
2. It is often difficult to prove consumption of
alcoholic beverages by minors.
3. That there have been situations where parents have
actually been home when consumption has been taking
place and either clai `'iat t ey are unaware of it or
that they thought tha was legal to undertake such
when the minors parents were not present.
DISCUSSION - The objectives that the police department is trying
to a-Hfeve- eventually in a comprehensive manner is to:
a. Appropriately respond to complaints of noisy parties and where
appropriate, break those up.
b. Reduce the opportunities for consumption of alcohol by minors
in large gatherings.
c. Limit the number of intoxicated drivers, particularly those
under age.
As noted in Attachment B the first means to get at this is to put
a more definitive noise policy in the ordinance. Presently under
Ordinance section 9.20 there is only very general language
regarding noise control and this more specific ordinance, which
has been used by several other communities, gives police officers
a definitive handle in the case of noisy parties.
The police department is working on further efforts to develop
ordinance language to get at the individuals who do permit the
consumption of alcohol by minors.
ALTERNATIVES -
1. Presentation of strategy
a. Accept
b. Recommend changes
c. Table
2. Ordinance amendment - noisy parties
a. Adopt
b. Amend and adopt
c. Table
RECOMMENDATION - It is recommended that the Council adopt
amendments to Ordinance No. 9.20 and 9.21 as outlined in
Attachment C to more specifically lay out means by which to
regulate noise often generated by large parties.
PROPOSED MOTION - Moved by , seconded by _ , that Council adopt
Ordinance No. , Second Series as an amendment to Section 9.20
and 9.21 to more definatively reg ate parties whi.-" generate an
inordinate amount of noise. Ayes Nays.
cc: Brian Crawford, Popham Haik ��jj
72088.5
TO: Mayor and City Council.
FROM: Mark Bernhardson, City Administrator�,,.
DATE: July 20, 1988
SUBJECT: Administrator's Information
MASTER P_LAN_NING - NAVARRE AREA - I have further discussed the
work with John Shardlow on Navarre and he will be undertaking
within the next two months the necessary inventory of land use
information, services, etc. to form the background for the public
portion of the study. It should be noted he will additiona� ly
durinc- the inventory phase be working to develop the information
relat .ve to the requirement for a tax increment district should
the City choose, as part of that study, to undertake such a
district. This information relates to the number of substandard
buildings etc. in the area and the City staff will be providing
support in the inventory phase.
HIGH_WOOD STORM SEWER - During the week of July 11, 1988 City
personnel inspected the private storm sewer line in the Highwood
area. Because of the size of the line it is very difficult to
deterr,.ine if there are any obstructions. I am currently
reviewing the information and will submit further information at
the August 8th Council meeting as to whether or not we should
televise the line.
1535 BOHNO POINT ROAZ - The property owner has completed sodding
of the area and it is anticipated a certificate of occupancy will
be completed within the r.�xt month.
353j LYRIC AVENUE - The Ci,-y had issued a second citation to the
property owner for ir.operab.e vehicles. (He had previously be(-n
put on probation in March for a similar violation.} On July 19th
the proper -wner was in Court on another matter relating to a
Minnetonk., iolation however, he was able to convince a very over
worked Judge to consider both our count and the Mi!netonka
violation during the same proceeding. Because of that the Orono
City Attorney was placed in a position of having to deal with a
case that he had little or no background on the spot and as a
result the complainant was given a second probationary sentence
and required to clean up the property. The City will be
continuing with attempting to get the property cleaned tip and
will also be researching what impact, if any, this second
probationary ticket had on the initial one..
1429 B_OIiN_S POINT - The property which has been undergoing
continual construction for a considerable period of time has not
reached a point at which they would be required to come in for
variances if at the point that they do, proper proceedures will
continue to be fo`.lowed to assure they meet requirements of the
City.
COUNCIL_M_EMB_ERS CHANGE IN NET PAY_ - The change noted oy
Councilmembers noted rt the last meeting was due to a change in
the State tax tables which made for the change.
LIV_INGS_TON TOWER PARK SCULPTURE - The sculpture has been working
on the second recasting of the sculpture, however, he has severed
a tendon and it is anticipated that within the next month that he
will give us a date for to completion of this project.
PROGRESS REPORT - COUNTY ROAD 15 CONSTRUCTION - See attached.
-------- ------ - ------ ---- --------------
2
72188.1
To: Mark E. Bernhardson, City Admi-istrator
From: John R. Gerhardson, Public *. -x":R Director
Date: July 21, 1988
Subject: Progress Report - County Road 15 Construction
Currently construction is continuing on County Road 15 and
at the last report is on schedule.
The north side of the Seaton Bridge has been completed and
traffic has been switched to allow for removal of the south side
of the bridge.
In the City o . Orono, construction is concentrated on the
north side of County Road 15 in front of the businesses and the
turn lanes at the intersection of Ccunty Read 15 and 19. Curbing
placement continues thoughout the project.
JV
LIST OF LICENSES FOR COUNCIL APPROVAL
FOR MEETING OF July 25, 1988
Special Events - Viking Bassmasters of Minnesota
October 2, 1988
6:00 a.m. - 3:00 p.m.
North Shore Drive Maz.-'na
Minnesc ')istance Runner's Association
Foot ray �n conjunction with '
Long Lake Corn Days
August 14, 1988 ••
12:15 p.m. - 1:00 p.m.
Septic System Installers - McCarty Water and Waste
6250 HichwaY 12 West
Maple Plain, MN 55359
APPIICATION
PARADES and SPECIAL EVENTS
CITY of ORONO, MINNESOTA 55323
Date: July 15, 19 88 Application Number "-
Name Viking Bassmasters of Minnesota -
Address 7149 Shady Oak Road Eden Prairie, MN 55344"- -'
Location of Parade or Event North Shore Drive Marina -Lake Minnetonka
Name of Persons a;:d/or Organizat.. Handling the Event.
Viking Bassmasters of Minneso,. Ronald Webb (President)
Phone Numbers . 942-7006 (work number)
Date of Event Oct 2 , 1988 Hours of Event 6:00 am - 3:00 pm
Reason or Purpose Annual fund raising event for club
;" rance, Coverage,. $300,000 - First Finacial
Amount $300,000
Company First Financial
Copy of Insurance Certificates to be.Submitted with this Application.
I am aware of all applicable State and other laws.redarding Parades and
Special Events and will abide by same. I also agree to hold the City of
Orono harmless from -all liabilities that me r directly or indirectly
from the Parade or Special Event approved py the q n6`ting�of th`, permit.
Fee: ,415,:00 ` V. C Signature of.Applicant V Iti
Fee Paid:
Date: ,19
Check
Cash _
Initials
office Use Only:
Remarks:
Public Safety Director
Approved: Yes_ No
Clerk -Administrator
r� 1 l s. CcAa�e4S2ATION
PARADES and SPECIAII (EVENTS
CITY of ORBN� 5 MINNESOTA 55323
Date: `n-�— Application Number -
Name R, U, {E.-k F�
Address 1111 S. ST. a 20 MN S 41S' -
Location of
Parade or Event HA&Lzam
YnRk OH W"
UP—L's",
LAk
Tu oeaz,6d
k Narmu _Tj Ok"mzp LAND
W?3r
To m'm
1�c�G.*,iTlc
p��-�u:*li
Vat —
Name of Persons and/or Organizations Handling the Event MINAAESo,-A D.J.-Aait
Phone Numbers 511 UJw
Date of Event 19 Hours of Event n
Reason or Purpose IiA k 6�g_ 6:t,)
Insurance coverage TAc.-/UJA
Amount I M",O.
Company
Copy of Insurance Certificates to be Submitted with this Application.
I am aware of all applicable State and other laws regarding Parades and
Special Events and will abide by same. I also agree to hold the City of
Orono harmless from all lizjllities that may arise directly or indirectly
from the Parade or Special Event approved bYj��Jthe gra iinng of this permit.
11�
Fee: $25.00 - Signature of Applicant
Fee Paid:
Date: ,19
check
Cash
Initials
Office Use Only:
Public Safety Director
Approved: Yes_ No
Clerk -Administrator
Remarks:
CITY' ®f ORoNo
Crynlal It.,. Minnennln calm
IIIDLDING a ZO.%INI; - 4139I57
'W"SING
SEPTIC SYSTEM INSTALLERS
LICENSE APPLICATION
All questions must be answered. License fee, bond, certlticate
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.
1. Business or trade name
2. Business address ,
3. Business phone Re-idence phone
4. Name of applicant or company representative holding MPCA
certification 1.1 11 ..
5. Type of certification held: Installer Pumper
Site evaluator System designer
Is this a Provisions Certificate? I•: Certificate No._
6. If no Certificate is held, provide evidence of attendance at
one of the On -Site Sewage Treatment Workshops held immediatel
prior to the current construction season.
7. Have you ever held a Septic System Inst ller license in
Orono before? 1_ Most recent year
8. Have you ever had a license revoked? JWhen? --'
Where? - -.
4. Do you do Municipal Sewer hook-ups? Yes_ No '
SUBMITTALS REQUIRED: - - -
1. $25.00 license application fee.
2. $2000.00 license and permit bond naming City of Orono as
obligee. The State Plumbers Bond will not be accepted.
..5 t�. w•II Sn $10-50-100,000 minimum Certificate 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
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 Ordin¢nces of the City Of
Orono. %
Date �` Applicants Signature 1/ T�• +�rC -r`
Sta££ recommendation �Approval'�/Y( Denial ` Date
CITY Reason for denial:
USE City Council Action Datc Approved De
ONLY Data license mailed
CITY OF
EMPL-NO
o11
ORONO
%'/Lec4l 76 oplf Y-T-D 9
NAME OIV GROSS GROSS
ANDERSON SL 31 19277.11 1428.73
BERNHARDSO ME 12 ET576.04 2044.08
BOBZIEN SA 31 12064.65 641.90
BOSMA JL 12 7025.69 572.88
BOYLAN 80 93 1884.90 329.38
BRINKHAUD JF 4E R116T.E4 153C.50
CARLSON MB 35 510.00 C14.20
CHESWICK GB 31 19835.49 1418.00
CORNICK JL 31 18026.33 1204.17
DENNE60N RJ 35 2720.50 0.00
ENGLISH II IN 31 17943.33 1,477.44
ERICKSON DJ 93 709.64 207.38
ERICKSON KR 31 19110.58 1E89.44
PARR F8 33 9ET.50 490.00
FISCHENICH OT 31 16401,93 1313.08
FRITLLER JM 31 19271.54 1421.56
GAF/RON MP 33 16314.66 1166.40
GERMARD80N JR 4E EE886.0B 1636.08
GREGORY JO 42 16806.04 1066.40
MALLIN OM IE 11406.01 1030.00
HANSEN SC 4E 14287.90 9S9.E0
HAMSIMG CJ 31 6429.53 468.7E
JACOBS TJ 33 16314.65 1166.40
JOHNSON BF 31 17613.74 1280.43
KIL80 MH 31 R4566.T9 1760.00
KIRNTCZUK M 31 13099.87 13E.13
KNUTSON CA IS 10182.10 844.65
KUEHN TM IS ZE442.91 1604.40
LINDSTROM DJ 73 140.EG 53.13
MASUSTH JA 31 19636.05 1416.24
MEYER MA 35 84.15 35.70
MIKELSOM RA 15 12099.30 865.63
MILLS JR WH 93 1163.ES 135.00
MORAN MF 31 20396.39 1876.56
MOROWCZYMB J 31 19119.50 IE91.35
MORROW JS 31 4806.05 364.00
NAAB TL IB 7700.66 519, 08
OAS DO 93 961.89 0,00
OMAN LE 33 13527.04 964.08
PALMER PB 31 505.00 0.00
PETERSON PL 12 6673.96 0.OD
PETERSON RY 91 0.00 O.OD
QUAST WA 92 15760.63 1276. 9D
RATHBUN BJ 92 246.72 246, 72
ROSS JA 91 445.50 153.00
SASS JJ 42 14386.30 959.20
SCHAUSS CA 31 12855.05 849.04
SKREEN CIS 42 14413.67 960.27
STEFFENNAG RE 97 15006.69 1072.8D
STEVENS BG 93 1707.50 182.50
THOMTON MR 31 15225.67 1112.07
�= o
P A Y
EXP/ALL,
,'OL ggii� 1�r��s�0grr��
"� •lP .Z�J5447
CITY OF ORONO P A Y
Y_T_O
EMPL-NO NAME DIV GROSS GROSS EXP/ALLO
TOMCHECK LF 31 15411.10 1204.17
F TOMCZYK MU 31 17755.04 1296.05
UALSH KL 31 0.00 0.00
COUNT GRAND 45,142.05
PAID 00048
TOTAL 00054 TOTAL
TOTAL FICA TAX GROSS • 23,221.53 EMPLOYERS FI
11 A a GROUP HEALTH
li B m PHYSICIAN'S HEALTH PLAN
C - BLUE CROSS/BLUE SHIELD
D a MEDICAL CENTER PLAN
E = PRUDENTIAL
F a COORD. HEALTH CARE
G w MINNESOTA HMO
H m TRANS-AMERICA OCC.
I w BANKERS LIFE
J m MUTUAL SERVICES
K • MUTUAL OF OMAHA
L • EMPLOYEE'S BENEFIT
H M A AETNA
N m NICOLLET EITEL
0 • LEAGUE OF CITIES
P a METROPOLITAN HEALTH PLAN
0 • SHARE
Z • HEALTH CARE MAINT ACCT.
MISSING HOSP CODE FOR SOME EMPL'S
1988 CITY
OF ORONO
C.... REGISTER
07-2S-60 PACE 1
/
CHECK NO.
DATE
AMOUNT
VENDOR
ITEM DESCRIPTION
ACCOUNT NO. IRV.
0 P.O. 0 MESSAGE
•
203,90
07/21188
82
50
EARL V DAY 6 BONE
MAINT BLDG
01-063-199-31
T
8e.50
•
......
....CxS
r
e41005
07/21,08
109
53
ALL STAR PRO GOLF CO
PRO SHOP RESALE
74-4801-591-96
•
109.53
•
......
....CxS
20i 0,.
07/21 /88
,2fi
97
ALL STAR ELECTRIC
MAINI EQUIP
01-4342-249-42
[O TON
OT/21/Be
11 i.]B
ALL aM ELECTRIC
SLOG MAIMI"
01-4343-I99-31
C07014
07/[1/S0
47.26
ALL STAR ELECTRIC
BLDC MAINT
7I-Ii43-590-93
291.61
...o•
...-CxS
e0To 31
07/2l/88
6.23
AT 6 T COMM
TELEPHONE
01-43E0-17S-36
6
23
20703A
01/2l/88
el
Be
ANCHOR PAPER
OFFICE SUPPLIES
01-6210-039-1[
COT034
01/E1/00
4.00
ANCHOR PAPER
OFFICE SUPPLIES
01-4219-061-1•
EOTOI.
OT/C1/OS
ANCHOR PAPER
OFFICE SUPPLIES
01-4210-069-IS
C91034
OLL1/06
E
61
SI
ANCHOR PAPER
OIIItC SUPPLIES
01-IE10-IH-]]
22S.J.
226
E0T063
07/21/80
250.00
8F1
EQUIP RENTAL
01-4331-BID-61
f
250.
00
.....•
20i065
07/21/86
65
00
BLACNOVIAN A SONS
GROUNDS MAINT
01-4343-099-17
[07003
ONCl/06
100.
00
SLACNOVIAN A SONS
GROUNDS RAINY
01-4343-C90-61
p
165
00
.....•
...-CNS
COTOiI
07/21/88
80.
00
BONESTROO ROSEME ASH
ENC RETAINER APRIL
01-4306-200-61
♦
C0707.
0T/et/SB
TB.
So
SONCBTROO ROOEME ASH
SHE CONSULT APRIL
01-4305-C-9-4E
207074
07/evee
73E_50
DONESTROO R03EME ASN
ERG CONSULT APRIL
01-4305-040-7I
e0T074
07,2118e
31[.9[
BONESTROO ROSESE ABN
END CONSULT APRIL
IG-4305-398-00
L
207071
07/21/86
CRB2.19
BONESTROO ROGERS ASH
BAR CONSULT APRIL
E4-4303-4IT-00
COTOT.
07/el/e0
11
63
BONESTROO ROGERS ASN
SHE CONSULT APRIL
[5-4305-43[-00
3.505
i. .
......
...-CNS
(
2UT081
07/21/88
213./3
BLACKS PHOTOGRAPHY
OFFICE SUPPLIES
01-4210-129-31
213.43
.
f
...••.
...-CNS
i
CHECK REGISTER
61-es-8e PACE B
1988 CITY
OF ORONO
r
_
VENDOR
ITEM DESCRIPTION
ACCOUNT NO. INV.
9 P.O. 0 MESSAGE
CHECK NO
DATE
AMOUNT
L01128
07/21/85
796.
23
CONCEPT MICROFILM
OTHER CONSULTING
01-4306-129-31
796
23 .
•
...-CAS
- e07130
07/21/88
61
2S
COLONIAL LIFE INS CO
LIFE INS
01-4152-186-31
R
EOT130
07/91/86
81
75
COLONIAL LIFE INS CO
LIFE INS
01-115E-1E9-31
1.9
00 .
4
-
...-CNB
20TH3
Ol/21/88
..SO
COMMERCIAL LIFE INS
LIFE INS JULY
01-41SE-039-12
4
E01143
OT/LI•e6
2.T0
COMMERCIAL LIFE INS
LIFE INS JULY
01-4152-069-IS
LOTIq
=
Ol/E1/00
L.To
COMMERCIAL LIFE IND
LIFE 1N6 JULY
01-.15E-1EIJ1
4
EOT1.3
OT/e VBe
3
60
COMMERCIAL LIFE INS
LIFE INS JULY
01-415E-126-31
00T1.3
O1/2I/60
9.90
COMMERCIAL LIFE INS
LIFE INS JULY
01-.15E-1L9-31
E01143
O1/EI/00
3.60
COMMERCIAL LIFE INS
LIFE INS JULY
01-115E-11.-33
1
EOTI.3
OT/Cl/e6
5.40
COMMERCIAL LIFE INS
LIFE INS JULY
01-R15E-EH-.E
E071.3
OT/E1/00
.36
COMMERCIAL LIFE INS
LIFE INS JULY
TE-915E-549-11
EOT1.3
OT/EI/00
S.
COMMERCIAL LIFE IMS
LIFE INS JULY
73-.15E-569-9E
1
E011.3
OV C1 /00
10
COMMERCIAL LIFE INS
LIFE INS JULY
7I-.15E-590-93
3.
LO .
...-CN3
-
e07199
07/21,08
1
86
ROLF E ERICKSON
JULY SERVICES
01-4e10-059-14
- [OT199
OT/LI16l
3.>10.00
ROLF E CNICRSOM
JULY SERVICES
01-.307-059-14
3,919.86
.
...-CMS
207212
17/21,88
13
00
EXPRESS MESSENGER
POSTAGE
01-4321-174-33
13
00
...-CMS
201256
-1188
10
9S
GENUINE PARTS CO
PARTS
01-4232-129-31
11
19
GENUINE PARTS CO
PARTS
01-483E-E49-42
ROTE51
-
='/ee
5
60
GENUINE PARTS GO
PARTS
T3-4L3E-S69-9E
e072S
E072L.
'ZI/88
:/2t/88
6
04
GENUINE PARTS CO
PARTS
T4-4232-590-93
43
S1 A
...-CMS
907250
07/21/68
51
50
GLENWOOD INGLEWOOD
UTILITIES
01-4324-099-17
51
So .
....CNB
e07266
07/21/88
lee.
05
GOPHER OIL CO
LUBRICANTS
73-4220-569-9e
lee.os
.
...-CN8
- 907269
07/21/86
800
00
GOUT TRAINING SERV
SCHOOLe
Oi-4356-1e9-01
1908 CITY
OF ORONO
CHECK NO
DATE
207272
O7121/99
e.12T2
O7/21/O9
207zl2
071ZIISS
e07212
O?Izl/88
207212
0T121188
e01284
07121188
- 207305
01/2l/89
20730A
07121/88
C01300
OT/21/02
- 207309
011el/89
20T130
: /21 /98
•
207335
01/21/88
207363
07/21/88
207388
O7/21,80
e0T400
Ol/el/8B
f
S'
CHECK REGISTER
01-25-06 PACE 3
F
AMOUNT
VENDOR
ITEM DEBCRIPT30N
ACCOUNT N0. INV.
0 P.O. • MESSAGE
660
00
•.. CMB
270.16
C 6 K SERVICES
CLOTHING
01-4e21-249-42
112.
BC
G 6 K SERVICES
BLOC MINT
01-4343-189-31
20
86
G R K SERVICES
CLOTHING
72-4eel-549-91
31.28
G 6 K SERVICES
CLOTHING
73-4eR1-569-92
IT
64
C 6 K SERVICES
CLOTHING
74-42el-590-93
452.
74 •
...-CRB
51
24
HAPPYS POTATO CHIP
CONCESSIONS RESALE
74-480e-591-94
51
E4 •
E
...-CRB
8.40
HENN CTY DEPT TAR
-OSTACE
01-4391-040-13
411
e.40
•..-CKS
4A
514
IS
HENN CTY SHERIFF OPT
JAIL CHARGES JUNE
01-43SS-080-16
415.9E
HENN CTY SHERIFF OPT
JAIL CHARGED M9
01-4330-080-16
H
990.O7
19
65
YENN COUNTY INEAS
RECORDING FEE LAND
01-4363-290-61
19
65
.... CYS
86.
87
ICMA RETRMNT CORP
ICNA VET TO 7/10
01-4140-039-IC
95
OT .
9I
.... CIS
27
00
ILLIES ♦ SON
BLACK DIRT
01-4233-949-42
27
00
w
...-CKS
CS
22
TOM JACOBS
MILEAGE
0I-4361-174-33
r
25.2E
...-CKS
41
14
0B
KILBO-HELVIN
MEETING
01-4356-189-31
14.08
-
...-CKS
•
169.75
KUSTON ELECTRONICS
RADAR PARTS
01-4E38-f29-31
161.75
.
1968 CITY
OF ORONO
CHECK REGISTER
OT-E5-68 PACE A
•
M
CHECK N0.
DATE
AMOUNT -
VENDOR
ITEM DESCRIPTION
ACCOUNT NO. INV.
6 P 0. • MESSAGE
•
20T423
07,21/88
3.401.00
LEAVE OF MN CITIES
LNC ANNUAL DUET
01-430-020-11
3.•01.00
6
•
•
201435
07/21/88
as
as
LOCIS - SUITE 300
NNT FPSON PRINTER
01-4340-199-31
20T.33
Ol,el/es
492.11
LOCI$ - SUITE 300
LOCIS ADMIX JUNE
01-.35E-069-I5
t07.35
07/21,18
19T.I1
LOGIS - SUITE 300
LOG19 ADMIN JUNE
01-4351-129-31
•
EOT.35
OTlZll*a
E46
41
LOCIS - SUITE 300
LOCIS ADMIN JUNC
01-4358-174b3
201435
01/21/88
666.11
LOGIS - SUITE 300
DATA PROC JUNE
01-4353-069-15
20T435
OT/21/00
520..5
LOGIS - SUITE 300
DATA PROC JUNE
01-4333-lal-31
•
COl.IE
Ol/EI/60
338.5E
LOGIS - SUITE 300
DATA PROC JUNE
01-43S3-174-33
•
EOT.JS
O112.163
18.51
LOGIS - SUITE 300
LOCIS AMIN JUNE
72-43SE-5.9-91
e OT.JS
OT/2l/8e
15.
09
LOGIS - SUITE 300
DATA PROC JUNE
7E-AJ53-549-91
•
LOT.JS
.T,L VEE
141.8E
LOGIS - SUITE 300
LOGIS ADMIN JUNE
73-43SE-S69-92
•
LOINS
OT/EI/80
24
36
LOGIS - SUITE 300
DATA ?MCC JUNE
T3-43S3-56T-9E
2.033.
60
•
••••..
...-CXs
•
207460
O712l/SE
39
00
MARK V11 DIST
BEER PURCN
74-4615-59t-94
•
J9.
00
a
......
.... CNS
•
207.62
07/21/S$
746
45
MARTINS NAVARRE 66
MINT AUTO
01-4341-199-31
7.6,45
......
....CMS
•
•
207480
0721/5S
1,633
M[DYE6T ASPHALT
STREET RAINY MAT
01-4233-d9-4!
11633pJJ,60
•
'
•
201485
O7121/88
29.40
"PLS OXYGEN CO
UTILITIES
01-43E4-249-4!
29.
90
•
......
...-CNG
L0T.90
07/el/Bs
15_e5
MINIIECASCO
UTILITIES
01-4324-099-17
•
Is.es
•.•...
...-DNB
207500
O7/21/88
IT.
00
MINN COMM
PAGERS
01-43e6-IRt-31
207S00
07/21/s8
224.00-
"INN COMM
PAGERS
Ot-•3t0^t[9-31
'
10O7500
07121108
I54.00
"INN COMM
PAGER$
01-43E0-E49-42
207500
07/2118$
56.00
"INN COMM
PAGERS
Tt-43t0-541-91
EOTS00
07,21,0E
84.00
"INN COMM
PAGERB
73-4390-56 -92
'
87.00
v..•.
o.-CN9
•
2O7534
07/Cl/EB
690.00
MOTOROLA INC
DESK SETS
14-4560-633-00
1988 CITY
OF ORONO
CHECK NO
DATE
`
207S45
O7/21/OB
207552
07'$V6e
20T952
O7121138
•
207S51
07/21/00
207S59
07'2vee
20T569
7/21/88
COTSee
T/C1/es
CO1160
.T/21/99
COTaOa
OT/el/66
COT166
OT/Cl/6e
eOTsee
OT/L1/e6
e6T1.0
6T/at/es
24:1597
07.21/68
207608
O7121/BB
COT60s
OT/a1/ss
COT60a
OT/C1/ae
e07600
OT/el/9s
207606
O7/e1,86
orur
_
e07628
O7121198
eQ?6ES
OTIC"as
COUEs
O7/21/06
60T6aa
OT/e1/65
eo-.G"
OT/alias
COT6La
OT/el/Be
907628
OT/C1/es
L97626
e7,e1,86
INTOes
ovevss
CHECK REGISTER
07-25-88 PAGE 5
AMOUNT
VENDOR
ITEN DESCRIPTION
ACCOUNT N0. INV.
O P.O. 6 MESSAGE
v
690,00
us-CKS
26
OJ
MVARRE AUTO
REPAIR
HAIRY AUTO
01-4341-269-62
26,00
ur-CNS
50./0
TERI NAAE
MEETINGS
01-6356-039-12
BY
SO
TERI NAM
MILEACE/PMKING
01-9TSt-0T9-12
116.50
•
1
or-CNS
991,01
N8P
STREET LIGHTING
01-4325-249-4Q
128.66
Nap
UTILITIES
73-4324-561-92
1.069
07
G
r •r_CNS
O0.
92
US WEST COMM
TELEPHONE
01-6320-129-I1
11
s0
VS NEST COHN
TELEPHONE
01-05e0-241-9C
CO
TL
US NEST COHN
DATA PROCEEDING
01-4355-069-15
LOTS
US VEST COMM
TELEPHONE
72-43LO-S91-11
�.
16.57
US NEST COMM
DATA PROCESSING
TC-I3SS-S41-11
31.18
Us VEST COMM
TELEPHONE
73-63RO-569-92
CA
.Be
Us WEST COMM
DATA PROCESSING
T1-4395-5e1-1E
G,
TT•.
9• r
••r-CNS
9
00
PUBLIC EMPL NET ASSN
LIFE INS
01-615e-IC9-31
9
00 •
tI
•s•-CKS
1,970.00
PANNELL KENN
FORSTER
AUDIT 03 FINAL
01-4500-020-11
s1
3.106
00
PANNELL KERR
FORSTER
CERT ACMIEV PROS
01-9909-069-15
CIO
00
PANNELL RERN
FORSTER
AUDIT 65 FINAL
TC-6500-541-11
IO9.00
PANNELL KERR
FORSTER
AUDIT OS FINAL
73-6500-569-99
LDS.
00
PANNELL KERR
FORSTER
AUDIT 95 FINAL
79-43O0-590-15
5,406.00
6/.
••.-CKS
1,15..25
POPHAM MAIN S
ASSOC
LEGAL RETAIN MY
01-001-080-16
1T5.00
POPHAM MAIN A
ADEOC
RETAINER DAL JAM -MAR
01-I301-080-16
1.SC6.58
POPHAM MAIN 6
AB60C
LEGAL PROSEC MT
01-4IOC-060-16
3.01.15
POPHAM "AIR 6
ASSOC
LEGAL CONSULT MAT
01-1303-080-16
C96.50
POPHAM MAIN 6
ASSOC
LEGAL CONSULT MY
e1-.301-1e1-31
349.39
POPHAM MAIN 6
ASSOC
LEGAL CONSULT MT
01-.]0]-610-7I
65.00
POPHAM HA1K 6
ASSOC
LEGAL CONSULT MY
24-4I0I-614-00
E6.00
POPHAM "AIR 6
ASSOC
LOCAL CONSULT MAY
E4-4303-115-00
73.50
POPHAM MAIN 6
ASSOC
LEGAL CONSULT MAY
a4-4303-45E-00
1988 CITY
OF ORONO
f
CHECK NO
DATE
f
207620
07/21/88
CO7629
07,21,88
E01626
O7J21/ee
201626
O1/21/58
e07660
01/21/08
[
EO1660
Ol/EI/88
E07660
07/21/60
ECT66E
07/21/80
207588
07121/88
207103
01/2t/88
E
•
201740
07/21/88
207119
O7121/88
207792
01/21/e6
EO7196
OL21/68
e0179t
07,21,88
9OII'.6
071EIISS
e
E07614
07,21/86
f
JUNT
II. 00
83 50
126 00
813 00
16.390.41 .
81 00
tC 00
10.00
193.00 .
195 05
115 05
664 00
664 00 .
181. 50
187 50 .
100 4S
169 .5
960 00
960 00 .
90. 00
90.00 .
102.00
11.00
58.90
237.90 .
1.•0
1.48 .
CHECK REGISTER
07-25-88 PACE 6
VENDOR
ITEM DESCRIPTION
ACCOUNT NO. IRV.
6 P.O. 0 MESSAGE
POPHAM MAIN A ASSOC
LEGAL CONSULT MAY
26-6303-656-00
�.
POPHAM MAIM 6 ASSOC
LEGAL CONSULT MAY
26-6303-♦SS-00
POPHAM MAIN A ASSOC
LEGAL CONSULT MAY
2♦-♦303-♦51-00
POPHAM MAIN R A330C
LEGAL CONSULT MAY
ES-♦303-432-00
0
ORLIN REDEPENNINC
MAINT GROUNDS
01-4343-129-31
ORLIN REDEPCNNING
MAINT GROUNDS
01-♦3A3-CD0-61
ORLIN REDEPENNINC
HAIRY GROUNDS
76-6363-590-93
o.-CMS
REED CANDY 6 TOBACCO
CONCESSIONS RESALE
74-460e-591-96
....CKS
y
PARK NICOLLET
OBRIEN 6 RATHBUN
01-4306-249-42
7
....CMS
4
SPAVLDINC
Pq0 BMOP REGALE
T6-6601-59\-91
i
...-CMS
STREICHERS
EQUIP PARTS
01-♦232-129-31
....CMS
TRACY OIL CO
DIESEL FUEL
01-42P.0-e69-62
i
....CMS
T
TWIN CITIES DI CTN SV
TAPES
01-IE10-17I-33
1
u.-CMS
UNIFORMS UNLIMITED
CLOTHING
01-6eE1-121-31
UNIFORMS UNLIMITED
CLOTHING
01-62E1-126-31
UNIFORMS UNLIMITED
CLOTHING
11-62C1-129-31
...-CMS
9
US WEST CELLULAR INC
TELEPHONE
O1-61E0-1E9-71
4.
a.-CN
4'
I1988
CITY
OF ORONO
•
CHECK N0.
DATE
AMOUNT
•
E07835
0T/21/BB
A86.00
986
00
.
EOTB•e
99i21/68
Rlf
op
a30.00
207866
07/21/88
525.
00
R
s25.
00
207901
071R1180
413
25
'
♦1].25
.
207902
OL 21/BB
19.40
IA
90
207903
07/21/OB
406.00
90..00
207904
07/21/68
65
00
.s
oo
QO T905
47/21/86
132
50
I JL.50
E OT906
07/21/08
661.00
661
00 •
207907
O7/21/68
24
00
2.
00
207908
07/21/88
75
00
75
00
•
••••••
/3, 8'3.81
•
31 E.
98
690
00
Z. IT2
19
•
BJL
63
931
47
1.656
05
10
11
51.358
113
96
CHECK REGISTER
VENDOR ITEM DESCRIPTION
WAR•!NG LITEb INC EQUIP RENTAL
07-25-68 PACE T
ACCOUNT NO. INV. 0 P.O. 0 MESSAGE
01-4331-249-62 ,
UAYZATA CAR MASH
MAINT AUTO
01-4361-129-31
UIOMER BROS
FAINT SEDER LINES
73-6366-569-92
CONNELLY INDUSTRIAL
MAINT WATER PLANT
72-4345-549-11
ENGINEERING REPRO
MAPS
01-932B-290-61
$T CLOUD S'IATE UNIV
DRIVING SCHOOL
01-6356-IE9-31
GANGELNOFF DONNA
DEER PICKUP
01-4360-185-35
GE SUPPLY
PARTS
73-6Q32-569-92
PRECISION STRIPING
STREET FAINT
01-6233-299-92
FIRE CHIEF
PERIODICALS
01-4260-174-33
NAIL FIRE PROT ASSN
MEMBERSHIPS
01-6300-174-33
FUND DI TOTAL
GENERAL FUND
FUND IC TO -AL
PARK FUND
FUND 16 TOTAL
IMPROVE 0 EQUIP OUTLAY
F
FUND 29 TOTAL
PERM IMPROVE REVOLVING
F
FUND ES TOTAL
1165 IMPROVEMENT FUND
FUND TE TOTAL
WATER OPERATING FUND
FUND 73 TOTAL
SEWER OPERATING FUND
FUND 19 TOTAL
GOLF COURSE OPERATING
ID
TOTAL
....CKS
...-CK8
L
...-CNS
•.•-CNB
1988 CITY
OF ORONO
CHECK REGISTER
06-30-88 PACE 1
CHECK NO.
DATE
AMOUNT
VENDOR
ITEM
DESCRIPTION
ACCOUNT N0. INV.
6 P.O. 0 MESSAGE
NCBeSe
O7/20/88
265.18
IST BN
LANES
FICA
5/16
TO 5/e9
01-4142-039-12
MANUAL
NCBeSe
07/20/85
214.
01
IST Se
LAKES
FICA
5/16
TO 5/el
01-414e-069-15
MANUAL
NCBeSe
oveo/ae
10.89
IST BN
LANES
FICA
5/16
TO 5/29
01-414e-091-1T
MANUAL
MC8E52
O712016B
E6.60
IST BM
LAKES
FICA
S/16
TO 5/H
01-4I42-111-31
MANUAL
MC525E
07/e0/68
95.19
IST BN
LAKES
FICA
S/16
TO Was
01-4I4e-I15-31
MANUAL
Mcaese
07/BO/aa
34
6?
IST BN
LA..ES
FICA
5/16
TO SIC?
01-4112-1C1-31
MANUAL
..sale
071e0/aS
14
.1
131 OK
LAKES
FICA
S/I6
TO 1121
01-SII1!-le6-31
MANUAL
NCeese
07/20/e8
♦Ol.
76
!ST BN
LAKES
FICA
S/:6
TO 5/91
01-4I42-1T4-33
MANUAL
NCeese
oT/eo/ae
•.TT
IST BM
LAKES
FICA
3'16
To s/C9
01-414e-1e5-3S
MANUAL
Mcaese
OTIE0185
e11.
eb
IST BK
LAKE!
FICA
Sn6
To S/E9
01-4142-e4t-42
MANUAL
NCeese
a7le0/as
113
IS
1ST UK
LIKES
FICA
S116
TO 5/Cl
01-414e-210-61
MANUAL
Mcaese
07/CO/aa
Te.
ee
IST BK
LAKES
FICA
5n6
TO Was
TE-n Ae-sAs-91
MANUAL
Ncarse
alle0/Ba
lee.16
IST BK
LAKES
FICA
5n6
TO S/Et
73-41.1!-569-9e
MANUAL
Nce25e
071e0/aa
I10.
e6
IST UK
LAKES
FICA
5116
TO alas
79-914e-S10-13
MANUAL
1.9Te.10
.
NC8253
O7/20/68
63.
TO
PENA
PENA
5/e
TO 5/15
01-4141-039-12
MANUAL
MCaCS3
OT/SO/as
1
.3
PENA
PENA
SIC
TO 5/I5
01-4I11-051-14
MANUC_
NCOE53
a7/e0/aa
Iall".
'ERA
PENA
SIC
TO 5/13
01-s111-061-I5
MAMUAI
MCSr53
.7leC158
1.Ca
PURA
PENA
3/2
TO 5/I3
01-41A1-011-1T
MANUAL
MCSCS)
O1/e0/as
I,JTC.It
PLRA
'ERA
SIC
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01-A191-111-31
MANUAL
.Class
OT/e01aa
33.
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SIR
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al-sUl-115-]1
MANUAL
MCSCS)
OT/R01a0
9]5.
T.
'ERA
PERA
SIB
TO s/IS
01-1141-iC1-31
MANUAL
MCS253
OT/e0105
413
11
'ERA
PENA
510
TO s/IS
01-.111-1Cb-31
MANUAL
Mc.as3
OT/t0/a5
L20.It
PENA
'ERA
SIC
TO 5115
01-.I AI-ITI-])
MANUAL
NC0053
OT/CO/ae
1SL.
30
'ERA
PENA
SIC
TO S/1S
01-1111-e19-4C
MANUAL
NCSe9
OT/CO/Oa
.0.
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'ERA
PENA
SIC
TO s/IS
01-4141-210-61
MANUAL
N CaeSJ
Ol/e0/aa
q.t]
'ERA
PERA
SIC
TO 5115
Te-s111-S11-11
MANUAL
MCBC53
Ol/CO/a0
TS.It
'GA
PERA
SIC
TO 5115
T11-A111-S09-11!
MANUAL
MCSes]
OT/CO/OS
S].
Ob
'CM
PENA
512
TO 5115
TJ-AI Al-S 10-H
MANUAL
3.195
90
MC6e5.
07/90/88
157.
50
BOY SCOUTS OF AVER
TREES
01-4e31-290-61
MANUAL
IST
SO
s...•
.... CKS
MCae56
07/e0/Se
11
00
IST BN
LAKES
FICA
.TUNE
01-4I4E-OEO-ll
MANUAL
.COe10
aLeOlaa
Co....
IST aK
LAKES
FICA
$139
TO 1112
01-AIA60JY IC
MANUAL
.Cars.
O1140165
Leo
C]
131 OK
LAKES
FICA
5130
TO 1112
01-4IIE-061-15
MANUAL
.Co.,.
071LO/SS
Ia.
a1
IST C.
LAKES
'ICA
5130
TO 6/I1!
01-4IIC-011-IT
MANUAL
MCae56
OT/LO/Sa
C6
35
lot BA
LAKES
FICA
5130
TO 6/IC
O1-414C-111-31
MANUAL
.CBC56
071CO156
100.
11
IST BK
LAKES
FICA
S/JO
TO $112
01-414C-IIS-31
MANUAL
MCor50
01/CO/Sa
33.7.
IST BN
LANES
'ICA
5130
TO 6/IC
01-414E-lel-31
MANUAL
MCae50
Ol/e0188
13
00
IST BK
LAKES
FICA
5/30
TO 6/lC
01-.14C-1G6-3I
MANUAL
NCaeSO
OT/CO/86
.Ol
10
IST UK
LAKES
FICA
5130
TO 6/le
01-41-4C-174-33
MANUAL
NCaeS6
OT/CO/SS
5.C5
IST BN
LANES
FICA
3130
TO 611C
01-.1.E-185-35
MANUAL
.cocoa
OT/Ca/aS
ET0..1
IST BN
LANES
FICA
3130
TO 6/IC
01-111E-N9-4e
MANUAL
MCarsb
07/C0/as
13..
71
IST BR
LAMES
FICA
S130
TO 6/1C
01-a .C-C90-bl
MANUAL
NC ... 0
OT/CO/ea
BC.el
IST BR
LAKES
FICA
S/3C
TO 6/IC
TC-414P-541-11
MANUAL
MCae56
01/CO/aa
Ice.
10
IST 6K
LAKES
FICA
SAO
TO 6/IC
73-.1.E-561-1C
MANUAL
MCae56
OTJCO/00
II..aO
IST SR
LAMES
FICA
1139
TO Slit
!.-aI .C-S 10-11
MANUAL
1.ee0.96
NC8e57
01/E0/SB
63.
53
PUBLIC
EML. RET ASSM
PENA
5/16
TO 5/29
01-.141-039-12
MANUAL
l
l
1
l
ISBN CITY
OF ORONO
CHECK
REGISTER
06-30-09 PACE a
CHECK NO.
DATE
AMOUNT
VERSOS
ITEM
DESCRIPTION
ACCOUNT H0. INV.
9 P.O. a MESSAGE
HCSeST
O1/e0/SS
1el.11
PUBLIC EMIL. MET
ASSN
PENA
5.16
TO
SIMS
01-1111-069-IS
MANUAL
Mesas?
O7/e0/se
6.16
PUBLIC EMIL NET
ASSN
PENA
5/16
TO
Slat
01-4141-099-17
MANUAL
mesas?
OT/eolsa
1,131.62
PUBLIC EMIL NET
ASSN
PENA
5/16
TO
5/99
01-4141-111-31
MANUAL
Mcom?
9712olas
33.61
PUBLIC EMIL NET
ASRN
PENA
S116
TO
SIMS
61-1111-11S-31
MANUAL
Mesas?
CT/CO/as
973.31
PUBLIC EMIL RET
RAW
PENA
SI16
TO
slay
01-1111-tEI-31
PAwf
MCeEST
OTleolas
977.3e
PUBLIC EMIL MET
ASSM
PENA
5116
TO
SIMS
01-1111-I96-31
MANUAL
MCSRST
c7laolae
R27.36
PUBLIC EMIL MET
Af-N
PENA
S/16
TO
S/t9
01-4141-174-33
MANUAL
Hearst
071calas
111.3e
PUBLIC EMIL MET
ASSN
PENA
Sn6
TO
SIRS
01-1I11-949-69
MANUAL
HCSe97
071e0les
109.e1
PUBLIC EMIL BIT
ASSN
PENA
$n 6
TO
3189
01-1141-590-61
MANUAL
.Can?
OTleoles
91.a9
PUBLIC EMIL NET
AGSM
PENA
S116
TO
SIRS
72-4141-519-91
MANUAL
MCeRST
07120l8e
61.13
PUBLIC EMIL NET
ASSN
PENA
5116
TO
51n
13-4141-569-12
MANUAL
MCeesT
OT120/00
se.53
PUBLIC EMIL NET
RSSS
'ERA
5n6
TO
Slag
71-1111-590-93
MANUAL
3,246.67
HCS"a
07/20/6e
ee.o0
COMMA REV
BALES TAX
Mw7
01-eee9-6e6-64
MANUAL
Hearts
071e0ge
3.00
COMM REV
SA4E3 TAX
MAY
01-3500-000-00
MANUAL
"Cams
OTILOIso
S.00
CUM REV
SAI !� TAX
MAT
Tt-3015-000-00
MANUAL
.Cease
9T/t9168
I1IIR.60
CUM REV
eA-�S TAX
MY
T1-eeee-00e-00
MANUAL
111.2.00
HCBe59
OT/a0/se
GE.80
PUBLIC EMPL NET
ASSN
PENA
S/30
TO
6/IE
01-6161-019-IC
MANUAL
MCaes9
07le0lee
In.O.I
PUBLIC EMIL NET
AS$M
PENA
5130
TO
9IIe
01-4141-e61-15
MANUAL
.Cont
07leolee
6.11
-UBLIC EMIL MET
ASSN
PENA
5130
10
6/Ie
01-4141-099-17
MANUAL
HCOCSI
OT/Colas
11121.31
PUBLIC EMIL RE!
ARM
PENA
3130
TO
SITE
01-111I-111-31
MANUAL
Mews,
oT/ROlse
56.1T
PUSLIC EMIL NET
ASSN
PENA
S130
TO
GIIE
01-4141-115-31
MANUAL
.Coast
011C0/58
563.H
PUBLIC RMPL MIT
A33M
'ERA
S/30
TO
6/It
01-1111-Ir1-31
MANUAL
MC0059
OTIEQIGS
361.30
PUBLIC EMIL MET
ASS.
'ERA
3130
TO
611E
01-1111-Itsb1
MANUAL
.Coast
071mise
CEO.
11
PUBLIC EVIL MET
ABU
IRMA
5/30
TO
6112
01-1141-171-33
MANUAL
Mceesl
Oveoln
IS3.11
PUBLIC EMIL RET
Ae6N
PENA
5139
TO
ene
01-1111-e4l-11
MANUAL
MCe[59
.11colea
Te.o
PUBLIC EMIL me,
ASSN
PENA
5130
TO
v1e
o1-n11-e90-6]
MANUAL
MCan1
OTIE01e6
n.56
PUBLIC EMIL NET
ASSW
PENA
5130
To
611C
7r-1111-319-91
MANUAL
Mceetl
oveelae
61.5S
PUBLIC EMIL RET
ASSN
PENA
5130
TO
6/19
13-1111-561-le
MANUAL
"coal,
OTleolee
33.11
PUBLIC EMIL RET
A35M
PERA
Sl30
To
a/IL
T1-1141-510-93
MANUAL
3,r3T.36
MC6E6o
07/2018e
60.00
IACP Has BUREAU
IACP
CONF
DEPOSIT
01-4356-199-31
MANUAL
60.00
HCae61
07/20/88
45.
33
DOROTPT HALLIN
MEETING EXPENSE
01-63Be-0I0-I1
MANUAL
45.33
......
...-Cos
MC6963
07/90/88
ee6.so
1ST DANK LANE$
FICA
6li3
TO
6/96
01-614N-031-19
MANUAL
MCGE63
07,20/80
e66.Sa
IST 9%ANK LAKES
FICA
6/13
TO
film
01-111E-031-IE
MANUAL
MCG263
07leol66
ee6.5s-
1ST B%M10 LAKES
FICA
6113
TO
6121
01-6142-039-IC
MANUAL
NC0963
07/n/as
C09.TS
1BT BANK LAKES
FICA
6113
TO
6/C1
:-614W-061-15
MANUAL
MCO263
07/toles
10.e9
1ST §%AMK LAKES
FICA
$113
TO
Also
01-4102-099-1T
MANUAL
MCse63
oveolse
31.S6
1ST BSMN LAKES
FICA
6/13
TO
1/26
01-011e-111-31
MANUAL
HCoe63
071e0/6a
109.64
lot ISAMM LAKES
FICA
6/13
TO
6126
01-1119-115-3,
MANUAL
HM63
01/ealea
23.06
1ST BSMN LAM$
FICA
6/13
TO
6/st
01-4149-181-31
MANUAL
MCOR63
07190/SS
1e.69
IDT 8%ANK "Us
FICA
6/13
TO
6/26
01-4118-196-31
MAMUft
MCse63
01/eOIGG
416.36
1ST 91ANM LAIRS
FICA
6113
To
6/R6
01-61Q-171-33
MANUAL
HC6e63
07/e0/S6
3.33
18T BSANN LAKES
FICA
6/13
TO
6/t6
01-6162-IM-35
MANUAL
MC6263
0T/e0/as
all.T3
1ST §%AMK LAKES
FICA
6/13
TO
&no
61-616e-t19-1I
MANUAL
1968 CITY
OF ORONO
CHECK NO.
DATE
AMOUNT
MC8263
07/20/86
70,64
HCG263
07/20/88
89.07
NC8e60
OT/eo/aa
16t.
63
NCae63
OT/EO/88
110,66
1,80M.02
MC8269
OT/e0/Ba
]15.00
]i S.00
HCBE65
OT/EO/66
40.
92
40
9e
MCSe66
Ol/t0/SS
e2.76
22.
76
•"•• I
19, 259.
00
]T9.t5
6L1.N
1.60T.]0
16,06T.OA
CHECK REGISTER
VENDOR ITEM DESCRIPTION
1ST ItANN LANES FICA 6/13 TO 6/26
1ST 8\ANN LANES FICA 6/13 TO 6/t6
1ST R\ANN LANES FICA 6/I3 TO G/t6
IST S%ANH LANES FICA 6/13 TO 6/26
GOVT FIN OFFCR ASH CFOA REVIEW FEE
NORTHWESTERN SELL TELEPHONE
DOROTHY WALLIN MARRASSMNT NTG SUPP
FUND 01 TOTAL
IUNO It TOTAL
FUND T] TOTAL
FUND TM TOTAL
TOTAL
GENERAL FUND
WATER OPERATING FUND
SEWER OPERATING FUND
GOLF COURSE OPERATING 10
06-30-82 PAGE ]
ACCOUNT NO. INV, G P.O. a MEGS..E
01-111E-290-61 MANUAL
7e-419E-S49-91 MANUAL
73-914e-S69-9e MANUAL
74-4I4t-SSO-93 MANUAL
01-9300-069-15 MANUAL
61-4]E0-129-]1 MANUAL
01-4]56-0]9-IE MANUAL
...-CMS
E
con tt I
. r.
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
ATTENDANCE 7:05 P.M.
The Orono Planning Commission met on the above date with
the following members present: Chairman Kelley,
Bellows, Johnson, and Moos. Hanson, Cohen, and Brown
arrived in a short period of time after the meeting
started respectively. The following represented the
City staff: Building 6 Zoning Administrator Mabusth,
Assistant Planning a Zoning Administrator Gaffron,
Building 6 Fire Inspector Jacobs, and City Recorder
Peterson. Councilmembers Callahan and Goetten were also
present.
GENE i CATHEEINE SCANLON
2815 CASCO POINT EGAD
CONDITIONAL USE PHRMIT i VARIANCE
SECOND REVIEN
Gene a Catherine Scanlon were present for this matter.
Mabusth reviewed the amended survey and revised
elevation/plan and the hardcover issues. It was noted
that the elevation plan did not reflect the reduced
sized deck per Planning Commission's direction at the
last meeting.
Jacobs noted that the proposed stairway does not meet
current code standards.
Kelley reviewed the Planning Commission's direction
regarding the deck and stairway at their last meeting.
It was moved by Kelley, seconded by Moos, to table this
matter pending a revised plan showing a 15'x 11' deck,
with a minimum dimension stairway plan that meets the
safety code standards. Motion, Ayes 6, Mays I. Johnson
voted nay because he felt the entire structure was too
visually massive in the lakeshore yard. Motion
carried.
91270 RON TDW
4196 NORTH SHORE DRIVE
VARIANCE
PUBLIC HEARING 7:21-7:24
The Affidavit of Publication and Certificate of Mailing
were noted.
Ronald Timm was present for this matter. He noted the
letter of approval from his neighbor included in the
packet.
1
MINUTES OF THE PLANNING COMMISSION MEETING BRIM JUNE 20, 1988
#1278 TIMM CONTINUED
Gaffron explained the request for an average lakeshore
setback variance and a 75-250' hardcover variance to
construct a deck. He review,,e staffs recommendation
for removal of hardcover to reduce the 75-250' hardcover
to 38.2% from the existing 43.9% and proposed 46.0%.
Mr. Timm stated he had a plan that would reduce the 75-
250' hardcover to 36%.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Kelley, seconded by Johnsen, to
re.ommend approval per staff's recommendation of
hardcover removal to 38.2% final 75-250' hardcover.
Motion, Ayes 7, Nays 0.
#1280 WENDY L. WRIEE
1376 BALDUR PARK ROAD
VARIANCE
SECOND REVIEW
Wendy Weihe and her ar�.'lfte!:+., Paul Nielsen, were
present for this matter.
Mr. Nielsen reviewed the r^«. ;.:J plan which reduces the
structural hardcover. He relerred to Exhibit J and the
variance granted at 1432 Baldur Park Road in 1980.
Kelley noted that the revised plan consists of a net
reduction of hardcover, of which approximately 91 s.f.
is structural hardcover. He found no problem with the
hardcover proposed in the revised plan.
Regarding the easement issue, Gaffron noted that
neither of the two documents on the property's
Certificate of Title have a significant effect on this
application, but may have a significant effect in the
future development of properties to the north of
applicants property.
Mr. Franklin submitted a copy of his warranty deed to
Planning Commission to make them aware of the 45'
easement for roadway purposes which will greatly reduce
applicant's green area when his property is developed.
Mr. Ben Hoag stated he had an interest in the lots on
the point and felt that because of the lack of facts
known by the City, the City should be very careful and
not grant rights and variances to applicant without the
facts being resolved.
MINUTES OF THE PLANNING COMMISSION Mom""-"± HELD JUNE 20, 1968
41280 NEIBE CONTINUED
Kelley felt that the easement issue was for the
property owners attorney's to work out and that the
Planning Commission must deal with the facts as
presented. He noted that the applicants proposal to
reduce the hardcover will benefit the adjacent property
owners.
It was moved by Cohen, seconded by Johnson, to recommend
approval of the revised plan and hardcover variances per
staff recommendation, subject to no additional hardcover
being allowed on the property. Motion, Ayes 6, Nays 1.
Bellows voted nay finding there is a real difference
between hardcover and structural hardcover, and felt the
plan was far too ambitious for this property. Motion
carried.
Ms. Weihe proposed to have a meeting with staff, Mr.
Franklin, and their attorneys to resolve the easement
issue.
41290 JAMES A. LORBNCE
4460 NORTH SHORE DRIVE
VARIANCE/CONDITIONAL USE PERMIT
PUBLIC HEARING 7:45-7:46
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth stated that the applicant has requested that
this application be tabled at this time and the
applicant may formally withdraw the application.
There were no comments from the public regarding this
matter.
It was moved by Johnson, seconded by Kelley, to table
Application 41290. Motion, Ayes 7, Nays 0.
41291 ALFRED IVERSON
2835 CASCO POINT ROAD
VARIANCE
PUBLIC HEARING 7:47-7255
The Affidavit of Publication and Certificate of Mailing
were noted.
Mrs. Alfred Iverson was present for this matter.
Mabusth explained the request for a 1.1% 1321 s.f.)
hardcover variance in the 75-25G' setback area to
construct a two-story addition to the existing
structure.
3
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 2e, 19BS
01291 IVERSON CONTINUED
Kelley felt that the hardcover should remain at 38.4%
existing hardcover.
Hanson and Cohen agreed with Kelley finding there could
even be an additional reduction in net hardcover.
Hanson suggested the elimination of the tennis court.
Mrs. Iverson stated they plan to use the tennis court
after it is resurfaced.
Bellows questioned the practicality of building a 4'x
20' deck.
Mrs. Iverson stated the deck is intended as a sitting
area only, not for entertaining.
It was moved by Hanson, seconded by Johnson, to
recommend approval subject to reducing existing
hardcover 1.1% so there is no net hardcover increase in
the 75-250' setback area. Motion, Ayes 7, Nays 0.
91293 GRACE BAPTIST CHURCH
2880 SBADYMOOD ROAD
CONDITIONAL USE PERMIT
PUBLIC HEARING
The Affidavit of Publication and Certificate of Mailing
were noted.
There were no comments from the public regarding this
matter.
It was moved by Kelley, seconded by Cohen, to table
Application 41293 per staff recommendation. Motion, Ayes
7, Nays 0.
61295 JOHN MCDOMELL
265 TURNBAM ROAD
VARIANCE
PUBLIC BPARII9G 7r59-6:10
The Affidavit of Publication and Certificate of Mailing
were noted.
Mabusth explained the request for a lot area variance
in a 5 acre zone for a lot consisting of 4.32 acres (of
which .03 acres is wetland area). On -site septic
testing confirms adequate area for on -site sewage
treatment systems for principal and alternate drainfield
sites. Access to this site is the major issue
surrounding the buildability of the site. Applicant is
working with property owners to obtain access from
Turnham Road.
4
MINUTES OF THE PLANNING COMMISSION NBHTING HELD JUNE 20, 1988
i1295 MCDOWHLL CONTINUED
John McDowell was present for this matter and asked the
Planning Commission to make a recommendation on the
request for a lot area variance prior to resolve of the
access issue. He felt that this did not need to be
resolved at this time because he will not purchase the
property unless he can gain access to the property and
obtain the lot area variance from the City.
Bellows stated she would not recommend approval of this
application until a safe access is resolved.
Cohen was opposed to granting a 14% lot area variance.
Mr. McDowell stated that the lot is a beautiful building
site and was created prior to the present 5 acre zoning.
Bellows stated that from a future planning point of
view, Planning Commission needed to address the access
for the other properties yet to be developed.
An affected property owner stated that he was not
opposed to the developement of this lot, but if the road
easement came from the north, a mutual maintenance
agreement for the road would be desired.
Mabusth noted that the only other property owner served
by the current driveway, Mr. Deters, has voiced no
problem with development of the property subject to the
appropriate easements being defined and maintenance
agreements.
Brown was opposed to granting variances to the 5 acre
minimum lot size.
Mr. McDowell asked the Planning Commission to make their
recommendation based on the facts presented at this
time.
There were no other comments from the public and the
public hearing was closed.
It was moved by Bellows, seconded by Hanson. to
recommend denial of the lot area variance based on:
1. Maintaining the 5 acre minimum lot size when ever
possible.
2. Resolving the issue of proper and legal access to
the property and defined to meet City requirements
to three properties.
Motion, Ayes 7, Nays 0. Cohen noted that this his vote
was entirely based on the need to maintain the 5 acre
minimum lot area.
5
MINUTEs OP THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
#1296 MERRITT J. PETERSON A RICE STODOLA
1895 SHADYMOOD ROAD
VARIANCE
PUBLIC HEARING 8=12-8:19
The Affidavit of Publication and Certificate of Mailing
were noted.
Merritt Peterson and Rick Stodola were present for this
matter.
The application involves a lot area variance to
determine buildability and if not, what reasonable use
can be made of the property. Applicants constructed a
dock without the required building permit on this
property where no principal structure exists.
Mabusth explained that clearly Tracts F a G are not
buildable. Applicants are therefore asking if tte deck
can remain as a reasonable use for this unbuildatle
property.
Mabusth ,xplained the history of the entire area of
properties. She noted that a combination of the total
seven lots may provide a buildable lot, but the
encroachment of the Tillotson house on Lot 0003 creates
problems. She noted that the Tillotson dock is located
on the same lot as applicants illegally constructed
dock, Tract F.
Mr. Peterson noted that Mr. Tillotson owns 30' more than
shown on the survey.
Mabusth stated that such a division of the property has
been done without the City-s knowledge or required
approval.
Kelley suggested making a recommendation on this
application irrespective of the status of Lot 0003.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Cohen, seconded by Kelley, to deny the
buildability of Tracts F 6 G; and recommend denial to
allow the dock to remain due to the fact that no
principal structure exists on the property. Motion,
Ayes 7, Nays 0.
6
MINUTES OF THE; PLANNING COMMISSION MEETING HELD JUNE 20, 1988
11297 WASHINGTON SCIENTIFIC INC.
2605 NEST WAYZATA BOULEVARD
COMMERCIAL SITE PLAN REVIEW
PUBLIC HEARING 8:20-8:38
The Affidavit of Publication and Certificate of Mailing
were noted.
Joe Pallansch and architect, Ed Vogt, were present for
this matter.
The Commercial site plan consists of constructing a
175'x 187' addition to the existing building. This plan
meets all current building & zoning standards and
requires no variances.
Hanson brought up the issue of finalizing a location for
a frontage road
Mr. Pallansch stated he was not in the position to
address this issue at this time.
Mr. Vogt stated that the proposed addition do s not
encroach any further than the existing building towards
Highway 12; and does not impact any future rear frontage
road.
After discussion regarding the need for a safe access
road, Planning Commission put applicant on notice in
regard to a future rear frontage road and any future
building additions to the rear of the property.
Jacobs noted an additional request to the site plan
review to allow the stockpiling of soil pending approval
of a conditional use permit for filling and grading.
There were no comments from the public regarding this
matter and the public hearing was closed.
It was moved by Relley, seconded by Hanson, to recommend
approval of the commercial site plan per staff
recommendation; and recommend approval to allow stock
piling of soil pending approval of the conditional use
permit application. Motion, Ayes 7, Nays 0.
7
MINUTES OF THE PLANNING COMMISSION MEETING BRIM JUNK 20, 1968
81298 RICHARD JOHNSON
VACATION OF PORTIONS OF FOREST BOULEVARD
SAGA HILL REVISED
PUBLIC HEARING 8:12-8:47
The Affidavit of Publication and Certificate of Mailing
were noted.
Richard Johnson was present for this matter.
Mabusth explained the request to vacate the remaining
portions of Forest Boulevard. She noted that prior to
final vacation of Forest Blvd., legal access to the
Nelson property must be obtained via the four property
owners.
Cohen and Hanscn felt that the legal access should be
resolved prior to recommending approval of this vacation
application in order to avoid the chance of land locking
the Nelson property.
It was noted that Mr. Nelson is currently working on
this legal access with his attorney.
Councilmember Callahan felt Forest Boulevard must remain
open until legal access to the Nelson property is
resolved.
There were no comments from the public regarding this
matter.
It was moved by Cohen, seconded by Kelley, to table
this matter pending resolve of legal easement access to
the Nelson property. Motion, Ayes 7, Nays 0.
81299 NANCY HIGGINS
3017 NORTH SHORN DRIVE
CONDITIONAL USE PERMIT
PUBLIC HEARING S M-S M
The Affidavit of Publication and Certificate of Mailing
were noted.
Nancy Higgins was present for this matter.
Mabusth explained the request for a conditional use
permit to recognize the existing caretaker unit and
guest cabin that serve as accessory use to the
principal residence. Applicant plans to remove the
principal residence and construct a new residence.
Kelley advised applicant to take into consideration the
hardcover ordinance when developing a site plan for the
new residence.
B
MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988
#1299 HIGGINS CONTINUED
Hanson suggested that applicant also keep in contact
with staff during the site plan development in order to
flag any problems during early stages of development.
There were no comments from the public regarding this
matter and the public h%firing was closed.
It was moved by Bello,.s, seconded by Cohen, to recommend
approval of the conditional use permit per staff
recommendation. Motion, Ayes 7, Nays 0.
ADDITIONAL ITEM:
BIG ISLAND VETERANS CAMP -
ANNUAL JOINT DOCK LICENSE
Mabusth reviewed the proposed Big Island Veteran's Camp
dock site plan.
It was moved by Hanson, seconded by Cohen, to recommend
approval of the Big Island Veteran's Camp dock site
plan as shown, subject to no additional transient docks
being added prior to further review and approval from
the City. Motion, Ayes 7, Nays 0.
ORDINANCE AMENDMENTS
Bellows commented on the recent ordinance amendment
passed by the City Council relating to the feeding of
waterfowl in relation to the creation of wildlife ponds.
She questioned the passing cf such ordinances without
thinking through the ramifications.
Kelley commented on the recent ordinance amendment
passed by the City Council relating to dangerous weapons
and articles. He felt it was too restrictive on
residents rights.
APPROVAL OF MINUTES
It was moved by Brown, seconded by Johnson, to approve
the Minutes of the June 6, 1988 Planning Commission
meeting as submitted. Motion, Ayes 7, Nays 0.
PLANNING COMMISSION REPRESENTATIVE
Kelley and Bellows were appointed to attend the July 11,
1988 Council meeting.
ADJOURNMENT 9:04 P.M.
The Planning Commission meeting adjourned at 9:04 P.M.
W
oz*i'4"O'
LAKE MINNETONKA CONSERVATION DISTRICT
402 EAST LAME STREET YVAYZATA. MINNESOTA 55091 TELEPHONE 61214737009
IA.NF W.A. ErkCUIryE .4E:
6l\.RD 1lYEFA!
Ropen R.NOp. C..bmon _ r`
JOEllen Xun. Nce Cnnrmnn � "-
QenO
C.rl X. YVe�W1. 9ecrmvY
E¢e1Xor ' 1 MQ
Mpl WN11YM. TeYWror r.')I1.J
Y O+Me
M . �n T0, MEMBER MUNICIPALITIES
J.n eoeMrNel
MmrJ Qa R..cn
an. `
eroJ o.�.,ene DATE. June 29, 1988 Il.
�oeaoneY.n L
ROnKI—
I[
aOniq Per.
JwiJ�.nve Enclosed for your records is a copy of
Rmn.re Xeiw. the Financial Statement of the Lake Min-
oreemYeee
ROpen M. Pniepury netonka Conservation District for 1987,
and an additional copy for posting.
MOVnO
EbWrl E 6locum
YVOa°1ine The 1987 Financial Statement was accepted
by the Board of Directors at its regular
meeting May 25, 1988.
Sincerely,
LAKE�M�INNET�ONNKA CONSERVATION DISTRICT
Executive Director
Jm
encr 2
Lake Flinnetonka Conservation District
F I N A N C I A L S T A T E 11 E N T
1 9 8 7
FINANCIAL STATEMENT
1987
STATEMENT
OF CASH kECEIPTS,
DISBURSEMENTS, BALANCES
Balance
Disburse-
Balance
Fund
1/1/87
Receipts
mentn
12/31/87
General
$
53.345.19
$169,777.61
$137.993.27
$ 85.12953
Petty Cash
200.00
100.0,
300.00
Save the Lake
75,707.37
23,856.29
22,969.66
76,594.00
Total
$129,252.56
$193,733.90
$160,962.93
$162,023.53
Advance Payment of
Dues
$ 21,458.00
67,882.50
Fee Advances
4,800.00
Fee Deposits
Metro Loan
15.000.00
5,000.00
10,000.00
s
$266,164.03
Investments
General Fund
$
94,307.35
$ 91,238.35
$ 25,000.00
$160,545.70
i Save the Lake Fund
6P,141.57
11,882.02
5,000.00
75,023.59
Robert Rascop, Chairman
CLASSIFICATION OF RECEIPTS - 1987
Save the Lake Fund
Donations $ 19.742.50
Other Income 4,113.79
Total Save the Lake Fund $ 23,856.29
General Fund
LMCD Communities (dues) $ 62,912.00
Other Income 106,865.61
Total $169,777.61
Petty Cash Increase 100.00
Total General Fund $169,877.61
TOTAL RECEIrTS - 1987 $193,733.90
CLASSIFICATION OF DISBURSEMENTS - 1987
Save the Lake Fund
Projects $ 22,969.66
Total Save the Lake Fund $ 22,969.66
(Balance Forwarded)
LNCD 1987 Financial Statement
Page 2
CLASSIFICATION OF DISBURSEMENTS - 1987 (continued)
Brought Forward: Save the Lake Fund
General Fund
Administration
Personal Services
Salaries
S 64,044.82
Auditing Services
650.00
Total Personal Services
$
64,694.82
Contractual Services
Telephone
746.98
Postage
1,766.94
Printing
4,120.14
Utilities
343.58
Maintenance: Office Equipment
627.01
Janitorial Services
660.00
Inspections
3,760.31
Total Contractual Services
12,024.96
Commodities 6 Supplies
Office Supplies
2,334.52
Books 6 Periodicals
215.,4
General Supplies
349.39
Total Commodities 6 Supplies
2,899.65
Other Charges
Office Rent
3,600.00
Insurance 6 Banda
1,666.00
Memberships
280.00
Employer Contributions
10,175.68
Mileage 6 Expenses
938.67
Total Other Charges
16,660.35
Capital outlay
Office Furniture, Fixtures 6 Equip.
69.85
Total Capital Outlay
69.85
Legal
Legal Services
23,OO1.54
Prosecutions
15,655.73
Total Legal
38,657.27
Committees 6 Contingency
Water Structures 6 Environment
51.96
Lake Use
1,342.92
Executive
1,491.49
Total Committees 6 Contingency
2,886.37
Petty Cash Fund Increase
100.00
Total General Fund
TOTAL DISBURSEMENTS - 1987
1-15-88
$ 22,969.66
137,993.27
$160,962.93
Lake Minnetonka Conservation District
F INANC IAL -STATEMENT
1 9 E 7
FINANCIAL STATEMENT
1987
STATEMENT OF CASH RECEIPTS, DISBURSEMENTS, BALANCES
Balance
Disburse-
Balance
Fund
1/1/87
Receipts
ments
12/31/87
General
$ 53345.19
,
$169,777.61
$137,993.27
$ 85,129.53
Petty Cash
'200.00
75,707.37
100.00
23,856.29
22,969.66
00
76, 594.00
Save the Lake
Total
$129,252.56
$193,733.90
$160,962.93
$162,023.53
$ 21,458.00
Advance Payment of
Dues
67.882.50
Fee Advances
4,800.00
Fee Deposits
Metro Loan
15,000.00
5.000.00
30,000.00
$266,164.03
Investments
General Fund
$ 94,307.35
$ 91,238.35
$ 25,000.00
$160.545.70
75,023.59
Save the Lake Fund
68,141.57
11,882.02
5,000.00
Robert Rascop, Chairman
CLASSIFICATION OF RECEIPTS - 1987
Save the Lake Fund
Donations $ 19,742.50
Other Income 4,113.79
Total Save the Lake Fund $ 23,856.29
General Fund
LMCD Communities (dues) $ 62,912.00
Other Income 106,865.61
Total $169.777.67.
Petty Cash Increase 100.00
Total General Fund $169,877.61
TOTAL RECEIPTS - 1987 $193.733.90
CLASSIFICATION OF DISBURSEMENTS - 1987
Save the Lake Fund
Projects $ 22,969.66
Total Save the Lake Fund $ 22.969.66
(Balance Forwarded)
LMCD 1987 Financial Statement
Page 2
CLASSIFICATION OF DISBURSEMENTS - 1987 (continued)
Brought Forward: Save the Lake Fund
General Fund
Administration
Personal Services
Salaries
$ 64,044.82
Auditing Services
650.00
Total Personal Services
$
64,694.82
Contractual Services
Telephone
746.98
Postage
1,766.94
Printing
4,120.14
Utilitil•=
343.58
Nainten"„-e: Office Equipment
627.01
Janitorial Services
660.00
Inspections
3,760.31
Total Contractual Servtces
12,024.96
Commodities 6 Supplies
Office Supplies
2,334.52
Books 6 Periodicals
215.74
General Supplies
349.39
Total Commodities 6 Supplies
2,899.65
Other Charges
Office Rent
3, 600.00
Insurance 6 Bonds
1,666.00
Memberships
280.00
Employer Contributions
10.175.68
Mileage 6 Expenses
938.67
16,660.35
Total Other Charges
Capital Outlay
Office Furniture, Fixtures 6 Equip.
69.85
Total Capital Outlay
69.85
Legal
54
Legal Services
Prosecutions
15,.7
.65555.73
Total Legal
38,657.27
Committees 6 Contingency
51.96
Water Structures 6 Environment
Lake Use
1.342.92
Executive
1,491.49
Total Committees 6 Contingency
2,886.37
Petty Cash Fund Increase
100.00
Total General Fund
TOTAL DISBURSEMENTS - 1987
1-15-88
$ 22,969.66
137,993.27
$160,962.93
Lake Minnetonka Cable Communications Commission,:, i
443 OAK STREET -EXCELSIOR, MINNESOTA 55331 • (E12) 474 5539
I
To: LMCCC Directors
From: Holly Hansen
Date: July 11, 1988
Re: LMCCC Update
Enclosed you will find the June Minutes and articles from Multichannel
News. 1 -especially call your attention to the Letters to the Editor
regarding Tom Southwick's editorial on the Klu Klux Klan (sent to you
last month).
The next meeting of the full Commission will be held Tuesday, August
16th at 5:00 p. m. As we are a little cramped for space at the studio,
the meeting will be held elsewhere; the location will be announced in
the August mailing. Please mark this meeting date on your calendar now
and make every attempt to attend the meeting. At our August meeting we
will need to approve our 1989 Budget and also amend our Ordinance, reflect-
ing Triax's purchase of Dowden.
If you have any questions regarding these or other matters, please contact
me.
MINUTES
LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION
5:00 P.M., EXCELSIOR STUDIO
TUESDAY, JUNE 21, 1988
I. CALL TO ORDER
Chairman Haggerty called the June 21, 1988 meeting to order at
5101 P.M.
ROLL CALL
Directors Present Others Present
Jerry Roehl Holly Hansen
Jim Olds Shelly Quaas
Dennis Haggerty
Lesley Hughes -Seamans
Tom Anderson
Barb Brancel
Tim Adams
II. APPROVAL OF MINUTES
MOTION 6.21.88.1: Anderson moved, seconded by Roehl, to approve the
minutes of May 10, 1986 as written. Motion carried unanimously.
III. REPORTS
A. OFFICERS
Chairman Haggerty expressed to the Commission that a large amount of
the Commissioners and staff time was spent with Dowden trying to get
loose ends wrapped up with Regional Channel 6. He feels that the
Commission needs to be agressive in order to get things done.
B. TREASURER
Jerry Roehl explained to the Commission that W.F. Denny Company has
requested that the gross revenue must be defined. Hansen feels that
the Commission should get a legal opinion defining gross revenues, and
have Dowden explain their meaning of gross revenue and the procedure
used to calculate them.
MOTION 6.21.88.2: Roehl moved, seconded by Anderson, to request of
Dowden an explanation of their accounting procedures, and definition
of gross revenues and how they arrived at their totals. Also, to
request information on how the subscribers are sorted by zipcodes
within a franchise area. Dowden requested to report back to the
Commission within 30 days. Motion carried unanimously.
After more discussion of the proposed financial review of Dowden the
following motion was added to Motion 6.21.88.2.
MOTION 6.21.88.4: Roehl moved, seconded by Anderson. to request Dowden
to send the Commission a copy of the most recent audited financial
statement. Motion carried unanimously.
MOTION 6.21.88 3-JUST CLAIMS: Roehl moved, seconded by Olds, to approve
Just Claims as written in appendix A. Motion carried unanimously.
C. ADMINISTRATIVE
Administrator Hansen reported to the Commission that she received
a 20,000 Letter of Credit from Triax. It has a 30 day cancella-
tion notice_.
Also, Regional Channel 6 is up but the signal is not as good as
expected. Triax is waiting for some equipment which may take care
t of the problem.
Hansen would like a budget committee set up to prepare a budget for
1989 to present to the full Commission in August. Barb Brancel,
Tom Anderson, Jerry Roehl and Administrator ]Jansen will be in the
budget committee.
-1-
June 21, 1988
Page 2
III. REPORTS CONTINUED - ADMINISTRATIVE
Hansen informed the Commission of a cable complaint that was printed
in the Pioneer Newspaper. Hansen spoke with Triax about this
letter.
Administrator Hansen would like to attend a management conference given
by National Career Workshops, it would be one day on August 2 in
Minneapolis. The cost would be $69.00.
MOTION 6.21.88.5: Olds moved, seconded by Roehl, to allow Hansen to
attend the workshop for $69.00. Motion carried unanimously.
NATOA (National Association of Telecommunications Officers and Advisors)
Hansen informed the Commission that in NATOA's last newsletter there
was an advertisement for a video tape that consists of hearings from
U.S. Representative Markey, the tape discusses cable and industry
compliance with the cable act. The Commission authorized the purchase
of this tape.
NATOA is also having Lts annual Government Programming award contest.
The deadline for entries is July 1. Hansen would like to enter two
categories. One would be a creativity award and the other a Public
Service announcement. The total cost for two entries would be $45.00
which would include the return of the tapes.
MOTION 6.21.88.6: Roehl moved, seconded by Olds, to submit two tapes
for the NATOA award for $45.00. Motion carried unanimously.
Hansen also mentioned that the NATOA conference is coming up
September 25 - 28. It will be held in Miami, Florida and would be
approximately $900.00 per person which would cover airfare, hotel and
food. The budget would allow for two people to attend.
Administrator Hansen would like to give Bill. Strohm a raise. He will
be with LMCCC one year as of July 1. lie now makes $5.50 per hour and
works 15 hours a week. Hansen would like to raise him up to $6.50 or
$7.00 per hour.
MOTION 6.21.88.7: Haggerty moved, seconded by Anderson, to increase
Strobes hourly rate to $6.50 per hour at 15 hours per week. Motion
carried unanimously.
Governor Perpich proclaimed that October is "Community Television
Month" Hansen would like this to be promoted in the Communities.
Also the Slate awards are coming up in October. They are looking for
donations. The Commission decided to decline and not give a donation.
Regional Channel 6 is asking for donations from the Metro area cable
commissions. When Regional Channel 6 was started by the State
Legislature they did not receive any operating funds. Regional Channel
6 would like Metro Area Commissions to donate on a per subscriber
basis, perhaps $.10 per subscriber. Triax has approximately 4,800
subscribers at this time. Hansen feels that the Commission should
support Regional Channel 6. The Commission informed Hansen that
this should be a budgeted item for 1989.
IV. APPOINTMENT OF ASSISTANT TREASURER
Chairman Haggerty re -appointed Jim Olds as Assistant Treasurer.
-2-
,4r0.1.G �1 uw l oe
June 21, 1988
Page 3
V. REGIONAL CHANNEL 6 REPORT
The Twin Cities Regional Channel 6 is having a presentation at the
Edina City Hall on June 29, 1988 at 5:00 p.m. for all Metro Area
Cable Commission Colleagues. They will be discussing the operation
and budget of Regional Channel 6 and the relationship between franchise
authorities, access programming and the Regional Channel. Hansen
encourages everybody to attend.
VI. MADISOAI CONFERENCE
Hansen ,,It
the conference was a good and informational conference,
she recommends it to all Commission members as it is educational and
inexpensive.
VII. ADJOURNMENT
MOTION 6.21.88.8: Anderson moved, seconded by Olds, to adjourn the
June 21, 1988 meeting at 6:17 p.m. Motion carried unanimously.
RESPECTFULLY SUBMITTED,
Shelly Quaas
-3-
LMCCC JUST CLAIMS 5110188 - 6121188
CHECK N
DATE
PAYABLE
AMOUNT
ACCOUNT
10084
5/15
Holly Hansen
S 717.08
Payroll
10085
5/15
Monique Basart
135.41
Payroll
10086
5/15
William Strohm
116.81
Payroll
1671
5/15
P.E.R.A.
9.00
PERA Life
1672
5/15
P.E.R.A.
85.94
PERA
1673
_5/15
Bank Excelsior
1.50
Miscellaneous
10087
5/31
Holly Hansen
726.08
Payroll
10088
5/31
Monique Basart
164.12
Payroll
10089
5/31
William Strohm
137.61
Payroll
1674
5/31
P.E.R.A.
85.94
PERA
1675
6/U1
University of Wisconsin Extension
210.00
Conferences
1676
6/01
Howard Johnson's
268.52
Conferences
10090
6/15
Holly Hansen
717.08
Payroll
10091
6/15
Monique Basart
133.20
Payroll
10092
6/15
William Strohm
71.84
Payroll
1677
6/15
Bank Excelsior
604.78
941 Taxes
1678
6/15
P.E.R.A.
85.54
PERA
1679
6/15
U.S. Postmaster
25.00
Postage
1680
6/21
Shelly Quaas
60.00
Sect'l. Svcs.
1681
6/21
U.S. Postmaster
45�00
Postage
1682
6/21
Holly Hansen
262.23
Health Ins.
1683
6/21
Monique Basart
9.45
Mileage
1684
6/21
Holly Hansen
27.74
Mileage
1685
6/21
Paychex
27.80
Sect'l. Svcs.
1686
6/21
N.W. Bell
57.61
Telephone
1687
6/21
Excelsior Rotary Club
218.00
Memberships
1688
6/21
P.E.R.A.
9.00
PERA Life
1689
6/21
Multichannel News
25.00
Subscriptions
1690
6/21
Commissioner of Revenue
142.62
MN Taxes
1691
6/21
O'Connor & Hannan
2,170.75
Tfr: 2,029.50
Legal: 141.25
1692
6/21
?etty Cash
94.49
Various
1693
6/21
doily Hansen
151.21
Conferences
1694
6/21
Barbara Brancel
11.11
Conferences
TOTAL CLAIMS
$ 7,607.86
BANK EXCELSIOR STATE CAPITOL CREDIT UNION
Beginning Balance
$19,598.93
Balance"
S6,256.29
Claims
(7,607.86)
'-does not
include 2nd quarter interest
Service charge
( 14.22)
Mtka. Schools Deposit
75.00
C.D.'s
LMCIT Refund
25.00
90 day @
6.52. due 7/8/88 $23,000.00
Howard Johnson's
32.77
180 day h
7.0% due 10/8/88 20,000.00
Interest
58.79
ENDING BALANCE
$12,1� .11
Markey Sees New Fight
Over Fairness Doctrine
BY 4eannkrs Aearm
WASHINGTON—The now
defunct Fairness Doctrine will
be "one of the rust items on the
new presidents deck next
year," predicted Rep. Edward
Markey ID-MA1, chairman of
the House telecommunications
subcommittee, in a speech
Bill Would Require
Systems to Report
Rates to FCC Monthly
WASHINGTON — A House
bill wee introduced last week
that would require every cable
system in the country to report
its subscriber rate to the Fed-
eral Communleatfons Com-
mission on a monthly basism.
Ilse hill's epnnr, Rep.
Charles 5-homer 1 D-N Y I, mid
the legislation is needed to de-
termine the effects of deregsla.
lion on consumers. "Cum.
prehmsfve, and mlinhle infnr-
motfon is not available," the
congressmen mid.
before some 100 general man.
&gem of independent television
stations last week.
The mangers were here for
their annual meeting sponsor-
ed by the Association of Inde-
pendent Television Stations.
They were updated on legfal.t.
ive and regulatory issues, and
they met with congressmen.
Rep. Markey mid the pub-
lic interest standard, which is
the foundation for bmedmnt
television, has been msnreec-
led this year. He mid in the
lost six years, as broadcasters
have seen their business de-
regulated, there aim has been
a loaaening of public interest
obligations as evidenced by the
elimination of the doctrine
The doctrine had required
broadcasters to present oppos-
ing news when covering con-
troversial issue.. The Federal
Communications Commimion
The first report under the
Cable Rate Dinelnsnre An or
JIM (H.R. 4(g,%I. which be,
16 cooponaom, would have In
Provide information dating
back to Jon I. I'I8
7. Ilse be-
ginning of cute deregulation.
Each month. the FCC would
be requires] to is car a statistics,
breakdown of the collected in-
formation.
Anthony Wiener. a legislat-
ive aide to Rep. Schumer. Mid
the congo mmon hnan't yet
contacted the House telreem-
municatfnns aubemnmitt,
about hearings on the four.
The suhcmomill"'s chair-
man. Rep. Edward Markey
ID-MAI, directed file General
Accounting Office lost mnnlb
m conduct a study of the ef-
fects of deregulation to rm-
oncile the divergent reanhs
From Other surveys purpnrtnlly
documenting role increases.
"(Rep. Srhumerl feel. that
something more than the GAO
study is nrmssnry," Mr.
Wiener Mid.
Rep. Elton GalleglglR-CAI
earlier this month immdur d a
bill (II. R. 47021 lmi will ale,
direct the FCC to rood net n
study of the import from rate
deregulation (arc Afu6ichannel
Neva, June 13, page .101.0
scrapped the docrine Ins,
August, saying that it Im-
mmomrfly chills broadcasters
and is an unwarranted burden
on free speech.
The Iloum s overwhelming
passage of children', television
legislation earlier this month
illustrates that the public
interest standard has come to
life Main. Rep. Markey Mid.
That bill, pending Senate
action, would limit the amount
of commercials that tan he
is wdcml with children s
shows. It also would empower
the FCC to asmsajust how well
a TV station is serving its chil-
dren a audience.
Industry deregulation —led
by the FCCwer the last six
,years has been overbroad, he
charged. Deregulation bee
been conducted with "Paul
Runyan s a. rather than with
, "Mrgkal scapeh" Rep.
Markey mid.
Policy seekers should bal.
once between she two extreme,
and should make "Reafhl:'
policies that can respond to
changes in the marketplace, he
mid.
Policy for implementing
high definition television in the
United States is a good exam-
ple of policy that will need so
be flexible, Rep. Markey
mid. What decisions the gov-
emmenl will make in this ,me
will guide the development of a
business that could fuel
domestic trade in the mn-
sumers dectomice arena, he
mid. Ile called the U.S.' eur.
most activity in this area of
trade "moribund."
lie aim Mid the broad -
enters' real fear concerning
I I DTV policy is that "if a decf-
.ion is not handled well, it will
be the death knell for let-
restrial broadcasting."❑
L.A. Takes St
Customer Seru
4 MMs NeaWsd
LOS ANGELES — Re-
sponding to complaints from
nonsumers, the City Council
here has directed city staff
members to develop more de-
fined r,ulcmw,- rcice stan-
dards for cable companies
which may include automatic
rebates for outages of 24 hours
ouch as sporting events and the
Academy Awards. The Valley
Cable system in the suburbs
owned by Cablevision Inc.
caused a Rum of complaints
recently when it marketed new
packages then was unable to
handle the barrage on inmen-
ing all.. City documents
show that at times, more then
50 percent of callers were even
able to get an answer at the
.yMem. United Cable Tele-
vision of Los Angeles and
Buenaviskm Cable arc behind
in their newbuilds and South
Central Los Angeles has no
able due to the ongoing dis-
pute over the Preferred Com-
munications Inc. vs. Lae An-
geles federal suit.
Because of the complaints.
the telecommunications de.
partment has recommended
several other standards be in-
cluded in addition to the three
sought by the council. They
include:
eps to Define
ice Standards
or more and the Itm installa-
tion of A/B switches.
The council motion mid that
cable television has become an
important information and
entertainment source for city
residents, therefore it is the
responsibility of the city to
ensure that the quality of that
service remains high. The
council has referred the matter
a Specifying the average
amount of time ameplable for
calls In be on hold.
s Providing a regional loll -
free number for subscribers to
use for billing, service or other
inquiries.
e Providing a 24-hour ser-
vim that will describe current
known umages and allows cus-
tomers m leave their names in
Order to receive a credit against
those oubge .
Specifying the .,crag,
number of calls that may be
abandoned during specific
period. of time.
e Specifying the permntege
of installation requests that
must be completed within a
specific time after an initial
request,
to the city telecommunications
department. requesting that it
determine whether problems
such as poor pictures, lele-
phone access or outages arc
citywide or confined to mrain
nperatom The council mrm-
ben are seeking the "establish-
ment of a definition of ade-
quate levels of servim,'- as well
as the rebates and switches.
Various cable operations in
the city have been subject to
complaints, some for years, ac-
cording to city records. One
city operator. Clu muniCom.
holds the city record for ,rai-
sumer complaints bersnse the
former owner, Si. Star Nielern
Cablevisinn. let the plant dr-
terimate while the parent moo -
party was in bankruptcy. The
system is now Owned by
American Cablesystems Corp.
which has markedly improved
the maim. Al. facing com-
plaints due to aging plant are
the eity's three Century Com-
numiratlona Corp. sy.w s.
which have also been plagued
by mbol.gir that has caused
outages during crucial events
e Providing five days written
notice More disconnects.
a Providing a written stale-
ment of security deposit refund
policies.
e Smiting 30 do), notice Of
any changes in the channel
lineup.
e Getting written notice,
Within rive working days, from
,able companies detailing th,
resolution of complaints sub-
mitted In the city.
llte city has forwarded the
proposed standards to the tell
Angeles Cable Operators As-
sOt-ialinn for feedback before it
mnsiders action.❑
Editor:
Aaow me to respond to your editorial in the May 30
Issue. Your intenllons. I believe, were honorable
when you proposed that cable operators be allowed
coolant control over public access channels. There
can be no bailer choice than the slri¢ application of
First Amendment protection to speecl- on the amass
channels. The cable operator, to wFom you would
give the power of censorship, has Interests that
revolve around keeping Ina ummmms happy a"
coming back for more. Currently unpopular opinions
would not be welcome at the access channel and the
entire concept of a=*m would be lost.
The boiler choke is to divorce the .able operator
from anymnneclbn with the access criminal. It must
be made clear that the cable operator has ho mote
mmrd over the access channel than he dose over this
local nelsoork affiliate also carded on the system.
Elliott C. Mitchell, Ellm, ire Director
C; mmunily Amens Television
Nashville
:'Tyson-Spinks
PPV Title Bout
Chalks Un Record
Sales on long Island I
KO'Wrestlemania IV'
By 0. ya gnrste"
NEW YORK —'rho psiy-por-
view knot rates for last week's
heavyweight championship
sight were a impn7ive as
Atenpion Mike Tywm, Gnt-
mund kmrcknut of rhollager
Mirhed Spinse. aamnling to
various rabic operate ,
('-0blavixi.0 Systems Corp.
repmed its lung I Intel. NY.
system, wick 75,001) ad-
drenable subscribers. had a 34
aline 041",o tic Pett.n
Letters
perrcnI buy rase — more I
double for previous high Set by
Wrr.tl,mnnis !V in Mash.
C,blerision also said era-
tem. Ihat fouthnsel the fight
from Ike company — Staten
Island Cable. Anh,rirnn
CnMetision of Queens,
Brookhaven Cable slid HQ
Cable —go a,und a 251wrcen
overall bat rate, will. earn i.!
term selling the fight for W.
545.
BQ Cable. which serves
61.000 addotmahlr subscribers
in arras of Rrnnkhn and
Qsxns, fruit a true rat, or
about 21 cement, aid man-
ager Richard Anrrlin. "Thin is
the highest single+vent buy
rate ever at nor ev.trm." he
Sar Tyson. gaga 36
y: 7 ie8
Editor:
Regarding your record editorial Concerning the Ku
Klux Klan situation In Kansas City. I, too, feel that The
city has made a mistake in trying 10 prevent the Klan
Imm using the public access channels. However, the
solution you presented, that of the cable company
anuming control over the access channels, misses
the point in other other direction.
As you know. community access channels were
Originally mandated by the Federal Communcialions
Commission and are pan of the Cable Acl. Today, it
Is generally understood by the cities and the industry
that one of the trade offs for receiving a franchise to
operate In a city Is providing Community "COss
channels sno some resources to support the Chan.
nels.
Many cities he" found the middle ground between
Ind oily and the operator coniolling access. More and
more, Independent, non-profit corporations have
been established to Operate access channels. Nor.
profits have proven to manage more successful ac-
Cne centers than either the city or the operator. Non.
pmgle, which are seen as a Community resource, are
also genet; fly teller able to handle eonumerslal
programming, which, frankly. gels both the city and
operator out of the frying pan.
Imagine the cable operator with editorial Control
deciding whether to Our, a program critical of the
mayor, or t.1y other type of Controversial program-
ming.
To campare cable to newspapers Is as valid a
comparison a$ that of cable to the telephone. There
is much talk about First Amendment rights of cable
operators What about the First Amendment rights of
subscribers and citizens to Communicate?
Irwin Hipsman, Eneculive 0imetor
Cambridge Community Television
ra-nbridge, MA
Buy Rates j
Its.
Tyson
I Continued Imm page OrM
sold
Warner (:able Cnmmunlaa-
lines Inn..,tonged between K
and I5 percent buy rate,, Inn its
22 systems slmwing the light' aid programming ..tat.
Jim Blinn.
Mr. Itraun aid the .,,a.
party'. Bakersridd, CA system
drew a 16 prevent buy rate
with a am erx of 22.IKK) arba.
whin it. Baronet. CA. System
garnered a 17 percent buy rate
.lit of 3,2011 addmssable
Mnres.
Cession. Vnllry Cable TV.
a 23.000-rnb,,rribrr .ywmi in
Hickory. NC, rrya,nel . 17.3
perrcnt buy rate.
Unite.l Cahlr 'I'drviniou
Gwp, said it eta. very happy
with is. PPV malts. "it eta
will .ru a do.ht n
aid Done Stewart. Cabirviann
marketing director fee the
fig11
Mr. Steven" aid [lint all the
unmhen wercn'[ in yet. hot
United'. Smrtlwrn California
systems reported a 14 percent
buy rate. Other area, did not
fore as oath with [lie Rrwky
Mmmtain "gist garnering
buy maim of 9.11 percent and
Tmxa. ever sing A pereent.
Mr. Stewart atrihnted the Insv
marks in Texas, however. Is
the larger -then -nee t-al
number of ckrsed-cL nit
outlaw in the state.
Ale. Anrrlin and Mr.
Stewart added he ditto'[ or-
trive any mmph int. from sab-
scriliers aMst the right's 91-
Seerml length "1 we. afraid
imb oilier. osuld be upxt be-
enux Ito light finished an
gnirkly. but ...prisingdy Alen,
weer no mmplsinm * Iv said.
Mr Aurelio eeid: "The
light is mom like an event.
You Lave the pot -fight hoops.,
the drrsAmt-room interview,.
the prent-fight interview., .s
well a. the preliminary fight,.
Sot it'. Our Items of Ili, event,
net the duration that make. it
meriting,"
Sltrllrl Finkel, right PPV
and closed rirehit prnmoter.
Said Ihr overall buy rates were
"phea.nurind " Mr. Finkel
nla ait] first PPV. r.tl,,r Irun
el, rw i-eirenit, may he If,, to
Inrr for the wlerma of nrujne
championship fight..
"I think Into I1eq•Ir Cohn
knew wilco Ihev're doing [sill
an 1. PPV." will Mr. Finkel.
Iloom Box Ilflite. wh'ah
Rost rahirrn.t a tales of if,.
light lint weekend, nnnounred
further showings sf the been:
an Monday. July 4, at II
p.m. Iha'1: wednewlay. Jody
b. at 1.30 p. m.: ems Sunday.
July 10. at 5:30 p.m.
73m nromme. whirl, Con.
originally Scheduled hit tat
Miami' was
rehired to an
hour Manx of the heard, of
the fight. said an lint,
spokesperson. ❑
Big Three Nets' Chiefs
Want Spectrum for HDTV
my lard' Jan"
WASHINGTON — The
heads or the Big Three broud-
nel networks, in testimony
Is" week before the House
lelecnmmunicalione subcom-
millee, agreed that spectrum
should be rrscr .d 10 make
sore, lor.l eunions an lek. ad-
vantage of enhanced or high.
definition television when it
becomes available.
The network chiefs can -
cured that the aurvival oI free
television is at slake if compel.
ing media, including able
television, videnaaselta re-
cordem and direct -broadcast
satellite, are able to offer
HDTV to American con-
samers long before brad-
atlem.
Thry pointed out that since
the submmmitter's laal herr-
ing on the issue in October
1987, various group. have
mule pro cox on research and
development, but the ex-
mutives cmninned no hasty de-
,�iaionn ahsnld hr madr shunt
reaching a single transmission
standard.
Robert Wright, National
Broadcasting Ca. Inc. presi-
dent and chief executive or -
lice,, mid he wonted to make
sum that "an -able distribu-
lion will not be. excluded from
participating lin HDTVI."
If such a scenario develops,
IIDTV may become a "rich
man'. television," said
Laurence Tisch, CBS Inc.
president and chief executive
officer. lie added, "1 don't
think duet makes sense for
America."
Concerned about the com-
patibility isaue, Thomas
Murphy, Capital Ciliee/ABC
Inc. cheimun and chief ex-
ecutive P Neer, mid, "It's
absolutely vital that whatever
advanced system roman down,
140 million TV is arcs t ob-
solete."
Cumpetibility is the first of
loco public -polity goals NBC
has identified for achieving
with advanced television, Mr.
Wright mid.
The other three arc: adopt-
ing a single &MHz channel
standard to csum the last dis-
ruption and facilitate broad -
matters' introduction of en-
hanced TV; government deci-
sions based on "reasonably ac-
curate forecasts of consumer
behavior" and not bused solely
on engineering aalysm of in-
crenurmal differenm in pic-
toter quality; and emxuaging
industry and goverrmenl to
form a consensus behind a uni-
form standard that would he
applicable to dl electronic
media.
CBS also is in favor of a
single HDTV standard, Mr.
Tisch mid.
Mr. Wright also lobbied
support for the NBC and
RCA-initisled David Ssraff
Research Center'. Advanced
Compatible Televi.inn rya-
tem. He pointed out that if
another other system is pro-
posed that comes even closer to
meeting the nelwork's criteria,
"We would be perfectly happy
to see that system become the
standard."
Mr. Murphy pointed out
that ABC recently made a
$W,000 grant to the Sarnoff
Crow to help develop its
ACTV, whose picture, accord-
ing to hU. Tisch, "b. very
competitive with the HDTV of
Philips and the Japanese."
At a second panel, Richard
Roberts, TeleCable Corp.
president and chief executive
officer, mid, "1 believe it is fair
to say that we arc no closer to
specifically determining how
HDTV might be, transmitted
and displayed in the home
than we went last October."
But Mr. Roberts, who is
chairman of the National
Cable Tclevi.ion Amrrcistia'.
HDTV committee, added that
the lack of specific solutions is
underem.d.ble since aloe iw sm
arc complex and the number of
HDTV - tione has tripled.
Joseph Collin., American
Television Of Cmnmuniations
Corp. chairman and chief ex-
erutire officer, said that "ATC
believes that each medium
should be able to deliver
HDTV in a way that u optimal
for that medium."
Stanley Ilubb.rd, Hubbard
Broadcasting Inc. chairmen
and chief esecutive offi,,. ad-
vocated DBS delivery of
HDTV.
Joel Ch...... Pat -News-
week Stations Inc. chairman, i
echoing the Big Three heeds'
comment, emphasised the im-
pananee :d the FCC saving
adeq.su apeelrum to Preserve
Ire. television. ❑
r= F- r= n 77 T l�
!
MINUTES OF THE MEETING OF THE SCHOOL BOARD3J
OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278�i
HELD ON JUNE 13, 1988
The regular meeting of the School Board of Orono Independent School District No.
278 was held on Monday, June 13, 1988.
Present: Dave McKown James Franklin Thomas Mich
Don Anderson John Maresh William Fenholt
Kitty Crosby
Absent: Lucie Taylor
UPON MOTION by Jim Franklin, seconded by Don Anderson, the consent agenda was
approved as follows:
- approved the minutes o° the May 9, 1988 regular meeting;
- aoproved the minutes of the S • 17, 1988 regular meeting;
- directed the Board Chairman and ad, tration to accept low bids on
summer work including carpeting, roi cplacement and track resurfacing
prior to the July Board meeting;
- called for bids on milk and related dairy prod6_ts for the 1988-89 school
year;
- approved the attached listing of seniors, as presented by Orono High
School administration, for graduation:
CLASS OF 1988
Abdo. laaneue M.
Gendmg.. Michael H.
Neddermeyer. Dana M
Anderwn.Anihunyk
Andenon. Gould R. J'
Godfrey. lawn T.
Grarmseand. Trap J.
Nelson. Dand D.
Newman. Me7n.sl
Apder.r. Meloaa K.
Hake. Mailer. A.
Neyens. lady L
Neman. Brun L.
Arne, J.V
Arnold. Strict L.
Haryp. Mark C.
Heuepbach, 9uron L
M_
ook E
Baroto.. Andre
Ranh, Seu L.
Hays. Tracer 11. .
Holland, Alban S.
N Ymrik Ine
O'Brian. )mph E.
BanaNnr, Vmcent 1.
Heyerdahl. Nnmk M.
O'Reilly. Shannon M.
Beal. Dougin R.
Hibbs. Ebeabeth W.
Ouarw., Jerry L.
Belli am, ...M
Hlerpa. 5. 010f
Heman. &npmm R.
Pangw', J.&h. L.
Pane.. Mark D.
Be'ge. .a A.
Holland. DenieL
Pinter. Ames T. L.
Black. laun A.
BIM, Marcus). Jr
11m,nun. Guy. E.
Hun. Marshal.
Payne, Chad L.
Pedersen. Kksrm M.
Bdlum. Molly P.
Berme. Eddie T.
lack... Amy C.
Acquemen. giant D.
Palk'. Michael 1.
Pfeffer. Nicole J.
Boreman. Karl F.
John... Kura. L
Prato.. Denote 1.
Bracken, Elkebeth M.
Jordan. Tarunu
Pradad, Glen T.
Bran, Thom. & 11
Jorgenson. Dawn M.
PmeoJ.hs L
But... Rick C.
Imuce. Timothy R.
flue., lodr L.
B rumlen. Warner W.V.
Budd. Stephen 1.
Juu.la. Jared
Kwxler, D iryw D.
Rangedahl. Ann$ C.
Rnnmk•r. lam. P.
BWn'. Jodi L.
Kamlar. Nku qua R.
Kane'. Amy B.
RnMe Billy J.
Rhode. John F. II
Burns, Jean A
Barran. Alan P.
Kaehmark. Greg A.
Rome, M¢hMl J.
Barterb., Daniel C.
Kwui, Michael L.
Roach, Troy D.
Cakllda'. Me'c A.
C.Ison, Amy D.
Kelk', Anne M.
Keith... Recital
RoreS.o. )arc E.
Scherer, Elk. S.
Chrkrinwn. Lynette K.
Clapseddk. laanlrc IL
King. A.la D.
KIMn, John J.
Schlu.x. Dana M.
Schi m ma. William W.
Clark. Eugene Gar III
Kkimteub r. Dawn L
ACMuophn
Cleveland. Eliub.h T.P.
Knud..,
Scoti.
M'
Collier. Lori A.
Kolas. GeraldL
Sksnudl. Chad J.
Could'. BradkYA
Labode. Moyoame M.
Steinberg. Pavek A.
Cos. Lyle ),
W.Y. Stapp C.
Stwwn. Ware A.
Cum.. Gregory D.
Una. Linda W.
Suong. Robb
Nina. Thom. P.
lap. /e.pder L
m
Suoup, Sure E.
Dai'rsberg, . ThomJ.
Dmidwn, Raymond F.
Lee, lean H.
lore'ing. Deborah E.
Strunk. Margaret A.
Swanson. Daniel R.
Davis. CYmhia 1.
Ern.... Troy A
Lang, Laura E.
Lowery. Th... R.
Taylor. Page L
Theyar. Robyn S.
Drazi . D+My A.
Deter, Nicole A.
Mann, Willem D.
Mmth.. Mel. A.
Th ro. Julie K.
Timpe. And,. J.
Damon. Brun C.
Me'nneau, Daniel E.
To.li..n. Mark E.
DMsdar. George P.
McCune. Deeds M.
Touungeau,Chrntma
Delray, Ron M.
McDowell. Mgan IN
Unck od.w. arc M.
Valenu, Thomse L.
Dwinnell. Ikidr K.
Egman, Richard D.
McNally. Marcie A
MelarM., S'.en 1. 11
Vaughan. Timothy G.
Enright. Amy E.
Monk, Brien R.
W.gstt, Nathan A.
paid., Guy W.
Marken, Brands).
Wearer. Jennifer A.
FiMher, Daniel D.
Men. Thum. W.
Wagner, D oar M.
Flaherty, Pameb A.
Francis. I,. C.
M.Yer, Denial R.
Micke, Jerald T.
Welch. Anthony
Welch. Bradley 1.
Frimen, Melanie A.
Mikkelwn, Kimberly L
Whalen, Patrick T.
F'edean,J.h. D.
Mi)J.huo,I$Hny E.
wine.hke.
Fro., Renee
Miller, leffuy A.
lore A.
F.rarp, Mark A.
Md., Robin E.
Willoughby. Dkabed
G.S.1hoff, Thom. P.
Moleski. Michael C.
WW.,laby,lmnife'
Gardner. Scott W.
Monchamp, Amy D
Wong, Sandie M.
Oelbwaks. Anh M.
Murphy. Marvin L. )'.
Yeakel. Lon M.
- placed the following seasonal employees on leave of absence during the
1988 summer months in order to protect their retirement status:
Dennis Ahlschlager
Mary Monson
Susan Anderson
Cam O'Brien
Cindy Becker
Ina Powers
Connie Behrendt
Carolyn Smith
Mary Ann Bouley
Beverly J. Peterson
Martha R. Brown
Carol J. Pollard
Joan Christianson
Robert Portz
Gertrude L. Corpe
Catherine P. 0uady
LaVon G. Determan
Karen Richter
Rosemarie C. Ehalt
Beverly D. Saatoff
Mary Eisinger
Marlene J. Schultz
Jeanne Friske
Carol Senn
Joni Galski
Sandra Sievers
Julie Gonsior
Mary J. Sweezo
Shirley J. Hake
Frances K. Teigen
Shirley Hayes
Jean Theilbar
Janet M. Hayes
Susan Vensel
Bruce K. Hendrickson
Geraldine L. White
Kay Hunke
Elaine E. Will
Connie Jenkins
Ruth M. Millar
Julie C. Johnson
Judy Hyatt
Carol A. Kocina
Cathy Zeglin
Lane Larson
Shirley Lundgren
Barbara Mikkelson
- approved the following variance requests:
Barbara Batykefer, kindergarten, to complete the 1987-88 school year in
Orono
Amy Jo Moleter, kindergarten, to attend Wayzata Schools for the 1988-89
school year
Aaron Anderson, grade 2, and Ginger Anderson, grade S. to complete the
1987-88 school year in Orono
Jennifer Hetchler, grade 7, to attend Orono Schools for the 1988-89
school year
Linnea Sivets, grade 9, to complete the 1987-88 school year at Orono
and to attend Orono Schools for the 1988-89 school year
Allison Muller, grade 10, to attend Orono for the 1987-88 and 1988-89
school years
Raymond Davidson, grade 12, to complete his education at Orono
Megan McDowell, grade 12, to complete her education at Orono.
- approved the bills as covered by vouchers 058961 through 059049 (059050
through 059722 held for manual checks) and 059723 through 059930 and
059326 through 058497.
Dr. Mich congratulated all participants in the graduation exercises. He
expressed appreciation to the Orono Education Association and Evy Zacher for
their work on the annual Retirement/Recognition Breakfast and to Lucie Taylor
and Bill Fenholt for their arranging an agreement for the purchase of the land
across Crystal Bay Road.
Dr. Mich reported that over 400 students started summer school today; that the
ANSD dinner will be held on Wednesday, June 15; that Judge Delores Orey has been
assigned in the condemnation action but no date has been set as yet; that the
1987-88 school year has been a good one and that he appreciates the support,
assistance, advice and counsel that he has received from Board members and that
the Board is to be commended for all their work in making 1987-88 a successful
school .year. He also acknowledged the work/dedication of administrators and
teachers but stated that he especially wanted to express appreciation to Bill
Fenholt for his good work which covers such a vast area of responsibility.
UPON MOTION by John Maresh, seconded by Jim Franklin, the School Board
authorized its Chairman and Clerk to execute an agreement to purchase and lease
50.89 acres of property at 950 Old Crystal Bay Road (Theis property) as outlined
in the Purchase/Lease Agreement dated June 7, 1988 on file in the District
Office. Carried unanimously.
Dave McKown stated that, on behalf of the Board, he wanted to publicly thank
Lucie Taylor and Bill Fenholt for their time/efforts in arranging this
agreement.
UPON MOTION by Don Anderson, seconded by Kitty Crosby, the School Board approved
Letters of Intent to proceed with investigative and corrective action at three
underground oil storage tank sites as outlined in the May 26 directive from the
Minnesota Pollution Control Agency.
Wayne Smith provided the Board with an overview of the 1987-88 athletic program
by way of a videotape of those activities. The videotape was put together by
Brian Bergstrom for presentation at the Senior Athletic Awards Banquet. Mr.
Smith informed the Board of medical training plans, coaching assignments/needs,
etc. for the 1988-89 school year. Mr. Smith also presented to the Board the
newly donated Spartan mascot costume which was donated by the Parents for Orono
organization and which will be officially presented to the high school early in
the 1988-89 school year at an appropriate athletic event.
UPON MOTION by Jim Franklin, seconded by Kitty Crosby, the Board of Education
approved the negotiated agreement with the District principals for the 1988 -
1990 period.
UPON NOTION by Don Anderson, seconded by Kitty Crosby, the Board of Education
approved the contract agreement with the Director of Special Education for the
1988 - 1990 period.
UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board of Education
approved the contractual agreement with the Assistant to the Superintendent for
the 1988 - 1990 period.
UPON MOTION by John Maresh, seconded by Kitty Crosby, the Board of Education
approved the contractual agreement with the Superintendent for the 1988 - 1990
period.
The Board of Education, began the process of reviewing the policy relating to the
District Mission Statement and Goals. Dr. Mich informed the Board that the
P.E.R. law requires this annual review but does not require that revisions be
made and he further stated that as this document has only been in existence for
the past year and has served the district well, there might not be a necessity
for revision. Dr. Mich then led the Board in the process of making
additions/deletions/revisions to the Mission Statement and Goals. A request for
study/review of the CAPS program was heard and also Board members expressed the
need for commitment/focus toward the development/challenge of the average stu-
dent. Dr. Mich stated that although these comments/concerns do not require
revisions to the present Mission Statement/Goals, this document causes the Board
to annually revisit its commitment as stated in the Mission Statement and Goals.
This review exercise was regarded as a first reading for the policy and the
second reading/approval will take place at -me July 11 Board meeting.
Dave McKown, as Chairman of the Board, expressed appreciation to each Board
member for their willingness to assume responsibilities/projects this past year;
to Bill Fenholt for his work this past year; to Dr. Mich for another year and
that he attributes the excellent reports, etc. that the Board has heard from
administrators/teachers this past year to Dr. Mich's enthusiasm and encourage-
ment of the staff; and to Evy Zacher for her work with the Board this past year.
UPON MOTION by John Maresh, seconded by Jim Franklin, the meeting was adjourned.
P4.
Kat er ro5 y, erc
Approved:
Dave MCKown, Chairman
Q, /UA 1-yA.✓ /I /CZ
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Eawieuwvesgs,waw 'v�ur
for • a0 _I erw-
aim d fie Mee hui ..
•'MeGarvghus4wngcaM, w
abort the use of the site as
residential property," he said.
Cancerred that residents who
moved into the apartments next
(in Ameba, � btl mndl
asembes Brrneial � was
needed became of e5COM11 e
casts in dewiopling the site.
"The duoeaur elevators will
cost a half million dollars to take
dawn and cart away," said
acava mat mey raua ne wm-
he to Consider the tax bcre
ment proposal, but had teserva.
tiom aloud the amount d fman-
eing baud on the high rentals of
the apartments.
Both items will be hack for
future council disctos n.
The thrill of victory
Appm.tly Gen CCMM' 1 . PLC. Camel, won the O•'a. Collins
plays ls Part Sough LAttt Lague r sappy Field m St lads Part.
More phates on page IM LPhota by Rio Raaaryl
Two SLP women in car accident: queen contestank killed
By Mickey TTbw
Rally Drake. Miss St fads
Perk of 19Mi, and Amy Mac-
biillaaca , a ndidate in this
,ears contest, went stopping
'Monday, June A, for a dress for
the pageant A car accident
tumssn the slopping trip into a
bincMillan, la, it dead. Drake,
:20, s recovering from serious in-
;Pnries in North Memorial
Hospital.
MacMillan was driving her
car Iran Old Long take Road
Into Highway 12 going east
when the car eras shack at the
side by a truck at 11:20 a.m.
MaelKdWn was ki1hs1'r.ant-
tyHer father. Bill 11).
said he talked win; ,ce
who investigated ''nit
sand was Gold that b.- � lost
'control and skidded moo e'ac-
Millan's lane. The driver ot the
truck. David Bryan Loverude,
n. Mounds Vim. was treated at
the hospital for minor injuries
andmleased.
"It's nice for to to know she
didn't suffer;' her father said.
Kathy Drake
"There was m drinking in.
volved. No drugs involved. It
was an accident, pre and sign-
' her father said. there
id.
confirmed that neither
drugs nor alcohol contributed to
the accident.
Amy was a bubbly person,
fuR or life," he said. "She pack-
ed more punch in is years than
most people do in a lifetime."
MacMillan was not only look-
ing forward to the upcoming
Amy MarMi0an
Miss St. Louis Park contest, she
had other plus.
She lad registered at the
University of Minnesota for fail
classes as a pmlaw major- She
was excited about leaving for a
four -week trip to Paris July 3 to
visit an amL "The hip was a
lifelong dream of hers. She had
saved the money;' her father
said.
MacMillan recently
gradwsted from S. Louis Park
high School. where she was caP
Inii d the clxcl®ding squad, a
Hanecorning Queen contestant,
ne the Ethowan yearbook staff,
a member of the Athletes for
Thug Aware,wws and in the Na-
tional donor Society.
She played volleyball and ten-
nis. She watcr-skiied and anow-
sldied. Her hobbies included
photography and her father
described her as "a pretty
heavy-duty Mickey blouse
memorabilia collector."
"Amy was very determined,"
he said. When she had cancer at
age four "she almost died, but
she fought a hard battle."
Her determination was also
apparent when she was 12 years
old and wanted to plav baseball.
"Amy was om of the first girls
in St Louis Park to plav in Little
League; " he said proudly.
Macifilian is sun•ived by her
patents. Bill and Glenda, and
two sisters. Heather, 16, and
Molly. 13.
Both MacMillan and Drake
waked at Fred G. Andersen in
St. lads Park.
Drake was in the hospital's In -
tensive Care ward fee two days
but was transferred to a medical
ward and reported as'Tmpnv.
ing" by her mother Wednesday -
As a result of internal injuries
Drake received in the car scar
dent her spleen was ranoved.
She also has her arm in a cast.
Faith Schway, coordinator of
the Min SL larls Park Queen
pageant, said organs er or the
contest considered canceling the
event but decided not to for a
number or reasons.
Schway mid. "We will open
the pageant telling people what
tappened. We all agreed we
have to discuss this — we can't
ignore what happened"
On her entry form MacMillan
wrote, "It is my belief that St.
Louis Park has a quality or life
second to none and as Miss S.
lads Park 1 wadd have the op
pnrimuty to let others know
what a gmal place it is 10 live."
She also staled, "The Mac
Milian family has lived and
worked in St. Louis Park for 35
years and 1 intend to make it my
home in the futoe."
Party in the Park: Fourth of July to spark at Aquila
j A Rrework$ show will top elf I-- phony will Perform.
ISL Louis Parka Bveday TTxatre in a Thmk will Per- iv l rides
ewill t Aquila bract k
I celebration Malay, July a at ft- at 7 P.M. TbrsdaY, Ran 5p Pa
Aquila park, 30 at Oak Hill Park. For 25 cents lids enjoy the ball
'flee tdrthn annual Party le Bx T1x Recreation Center will crawl, moon walk, ferric wheel,
.. .. ..a rt y _ have a pal party fear, 5 to 10 roller rams and other rides.
VFW.
A number of merchants, in-
cluding Stem Optical.
McDonald's end Reis
Restaurant are dfermi: dis-
counts for anyone wearing Par-
94 PMM(/,�
Palm►
PUBLIC ATTENDANCE
CITY OF ORONO
MEETING DATE ' i l ;Y-,-
PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS.
WAKE OR NUMBER
WANE (please print) ADDRESS FRESBNT FOR (from agenda)
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