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HomeMy WebLinkAbout08-22-1988 - Agenda Packet City Council - regular meeting7 PUBI,IC ATTENDANC`: CITY OF ORONO MEETING DATE 4C, PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. l NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) �� 3 . i,,it i r - ,v C� �• .v S 4 -� C�� j? ��✓ c� w 1 i7` % . c�v�� ��.hc : �_ .� 5. l .tf d 9. 0. Kc� �11 a .Y: �1�> t- k ' LV j 9 L/'I A F1 i 2. r ...' 11Ry= .;. 1µ axe., R i S MAY s. 6. ,7. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 22, 1988, 7:99 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained up)n request from the Reco7der. ROLL CALL 1. CONSENT AGENDA* Commendation - Orono Police Reserves 2 2 APPROVAL OF MINUTES �( * 2. Regular Meeting of August 8, 1988 LAKE MINNETONKA CONSERVATION DISTRICT REPORT - JoEilen Hurr Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT 3. #1265 Minnetonka Alano, 2760 Fox Street - Variance - Resolution 4. #1291 Alfred Iverson, 2825 Casco Point Road - Variance - Resolution 5. #1296 Peterson/Stodola, 1895 Shadywood Road - Variance - Denial Resolution 6. #1303 Allan Rezabek, 1989 Fagerness Point - Variance 7. #1314 Gerald Rowlette, 3'775 Bayside Road - Variance - Resolution 8. #1,y115 Countryside Manor Homeowner's Association, Willow Drive and Countryside Drive - Variance - Resolution 9. #1317 Duane & Nancy Glew, 1135 Brown Road South - Variance - Resolution MAYOR'S REPORT CITY ADMINISTRATOR'S REPORT 10. 1988-1989 Assessor's Contract 11. Replacement of Copy Machine 12. Sealcoat Bid Award 1988 13. Underage Consumption 14. Ordinance Amendment - Animal Control 15. Monthly Articles Review *16. Authority to Designate Depositories - Resolution *17. Resolution of Commendation - Orono Police Reserves *18. 1938 Fee Schedule Amendment - Ordinance Amendment *19. Salary Adjustment - Lyle Oman *20. Temporary Funding of Street Lighting - Resolution *21. Resignation Park Commission Chair - Robert Kost *22. Administrator's -information 3536 Lyric Avenue 1535 Bohns Point Highway 12 Ad Hoc Task Force Livingston Tourer Park Sculpture Hardcover Calculations Administrator's Vacation 3508 Ivy Place Board of Review Water Conservation Regulations County 15 Progress CITY ATL'ORNEY' S REPORT LICENSES (23*) BILLS (24*) ADJOURNMEUT ,. . MINUTES OF THE REGULAR ORONO COUNCIL HELD AUGUST 8, 1988 G 2 ? 19 MEETINGJ Y �� •r ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Goetten, Peterson, Callahan and Nettles. The following represented the City staff: Arting City Administrator. Gerhardson, Building & Zoning Administrator Mabusth, Ci.t! Recorder Scheffler. City Attorney Barrett and City Clerk Hallin were also present. OATH OF OFFICE City Clerk Hallin administered the Oath of Office to Alan Nettles, the newly appointed Councilmember. Mayor Grabek extended a warm welcome to Councilmember Nettles. CONSENT AGENDA* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Consent Agenda excepting items ##3, and ##18, as requested by Councilmembers Goetten and Peterson respectively. Motion, Ayes=5, Nays=O, Motion passed. APPRO"-ALL OF MINUTES* :t was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the Minutes of the July 11, 1988 Council Meeting. Motion, Ayes=5, Nays=O, Motion passes. APPROVAL OF MIWTES* Councilmember Goetten requested that Councilmember Callahan's name be inserted in paragraph two, page two, of the Minutes of the July 25, 1988, meeting. The sentence referred to a Councilmember, but did not identify which Councilmember. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the Minutes of the July 25, 1988, Council Meeting, as amended. Motion, Ayes=5, Nays=O. Motion passed. REPRESENTATIVE JOHN BURGER Representative John Burger spoke to the Council about the major areas on which the Legislature would be focusing. He informed the Council that he is running for another term against the same opponent as in the last election. In campaigning this year, he had not received negative comments concerning the Council, and commended the Council on their performance. He expressed his opinions as to action the Council might take regarding the Minnetrista/Hennepin County Park Board matter. He felt that the City should wait until the issue involving condemnation directly affects Orono. He does not feel that the City will be able to win a lawsuit where constitutionality iq the sole basis of the suit. Mr. Clark Winslow stated that he would like to see the City interject in this lawsuit now, rather than waiting for the Parks Board to try a condemnation involving Orono property. Representative Burger stated that property taxes are due to MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 JOHN BURGER CONTINUED rise, especially in the western suburbs, but that tax reform is a high priority on the legislative agenda. He is serving on the Governor's Advisory CounC.Ll on State and Local Relations and his subcommittee is dealing with how the state legislature finances the courts. Child care is another area upon which the Advisory Council is focusing. He is interested in the issues that the Orono citizens feel are important and asked the Council to help keep him apprised of what those concerns are. Mayor Grabek asked Mr. Burger if he was ready to do battle against: the impending DFL influence in our Legislature. Mr. Burger stated that althoagh the present system is in need of change, he preferred accomplishing change by using "honey instead of vinegar". Mayor Grabek asked Representative Burger for his opinion as to how Orono should proceed with the Minnetrista lawsuit. Mr. Burger's opinion was that the City should wait until there is an issue directly involving Oron^ before spending any money to defend the constitutionality of *.his issue. He said that it was a fluke that the matter was passeu to begin with and he does not think this issue will surface again. He thinks that Orono should spend as little as possible to "flex its muscles" and show support for Minnetrista. He said that the constitutional question never goes away, it will always be there and could be legally questioned at a time when Orono was physically threatened. PARK COMMISSION COMMENTS: BIKE/HIKE TRAILS Mr. Bob Kost reviewed the proposed bike/hike trails. The Park Commission has been working on the possible location of some routes through the City. They would like to utilize the Luce Line as the major east/west connector and then look at the various commercial areas, Orono, Long Lake, Mound and Tonka Bay. The initial proposed route would start in Navarre, proceed to Highway #51 to the Old Crystal Bay Road and run straight north, intersecting with the Luce Line which would provide access to Wayzata and west beyond Co!inty Road #6, ther. travel on the north side of County Road 6 to connect with Baker Park. This would allow citizens to access a number of City parks, get a view of Lake Minnetonka and connect up to various commercial areas as well as Baker Park. The Park Commission is looking at various types of trails. A class "A" would be separated from the shoulder of a road, but in the right of way of the road. An example would be to use the north right-of-way c.f Highway 12 to link the High School and Middle School with Long Lake. Other areas for separated trails would have to be determined based upon, the width of the existing right-of-ways. The details of the trail, such as funding, size, class of trail, constrLICtion material for trail, still need attention. Park Commission plans to meet with local law MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 BIKE/HIRE TRAILS CONTINUED enforcement to get their feedback cn problems and enforcement. An existing hazard is County Road 15, and it is hoped that the bike trail will provide an alternative and discourage people from using County Road 15. Councilmember Goetten asked whether the Park Commission was considering connecting the Orono bike trail with existing bike trails. Mr. Kost stated that was the general idea. There are sections along County Road 19 going into Tonka Bay that are already marked as bike trails. There is also an extensive bike trail in Plymouth that they are hoping to connect with using County Road 6. Apparently Minnetrista is looking into the possibility of a bike trail and perhaps that could connect with Or.Ono's trail. Councilmember Goetten was also concerned about safety and adequate signage, specifically on willow. Mr. Kcst said that attention to safety would be g. ven to those connections that would cross Highway #k12 and Highway #6. Councilmember Goetten asked if the Park Commission had a cost estimate for the bike trail. Mr. Kost stated that the project will be quite costly, but felt that doing the project in pieces and obtaining public support would make the project feasible. Acting City Administrator Gerhardson stated that once a project such as this was approved it would be submitted to Hennepin County and the State for their use when they are planning some upgrading in this area. This could mean possible funding from the County or State for this project. PLANNING COMMISSION COMMENTS No comments. PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATOR'S REPORT: #1286 GARY RODER.ICK 1749 NORTH FARM ROAD VARIANCE The applicants were not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table this matter until the applicant can be present for this matter. Motion, Ayes=5, Nays=O, Motion passed. f1300 ANTHONY EIDEN 2290 i 2340 ABINGDON WAY CONDITIONAL USE PERMIT RESOLUTION #2481 The applicant was present for this matter. Acting Administrator Gerhardson explained that applicant was seeking a conditional use permit for the installation of a pond MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 #1300 ANTHONY EIDEN CON'PINUED between shared boundaries of Lots 8 and 9 of Abingdon Glen. The peed will not encroach into the wetland and will not affect the cuiront drainage pattern of the existing or future drainfiela are,iE. The Planning Commission approved this application. Mayor Grabek asked the applicant if he had the opportunity to review the Planning Commission's information and conditions of approval. Mr. Eiden had read the information and had no questions. There were no questions on behalf of the Council. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to approve Resolution #2481, Conditional Use Permit, per Planning Commission recommendations. Motion, Ayes=5, Nays=O, Motion passed. 1304 BLOOMQUIST/SUPER VALU 3333 SHORELINE DRIVE VARIANCE RESOLUTION #2482 The applicant was present for this matter. Acting City Administrator Gerhardson explained that applicant was requesting a setback variance for a parking lot, which would involve a 0' setback where 20' is required. Applicant was also seeking a 3� setback variance for a pylon sign where normally 10' is required. The Planning Commission had previously recommended approval of this application. Mayor Grabek asked applicant if he had reviewed the material prepared for this meeting. Applicant stated he had reviewed the material and had no questions. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to approve the variances requested by applicant, subject to those conditions set forth in Resolution #2482. Motion, Ayes=5, Nays=O, Motion passed. # 12 91 ALFRED I V ERSON 2835 CASCO POINT ROAD VARIANCE It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter until the applicant can be present for this matter. Motion, Ayes=5, Nays=O, Motion passed. 11280 WENOY WEIHE 1376 BALDUR PARR ROAD VARIANCE - RESOLUTION #2483 It was moved by Councilmember Nett ;, seconded by Councilmember Peterson, to approve the hardctver and setback variances subject to the conditions set forth in Resolution #2483. Motion, Ayes=5, Nayes=0, Motion passed. 4 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 MAYOR'S REPORT: ORONO/LONG LAKE DISCUSSIONS It was moved by Counci lmember Peterson, seconded by Mayor Grabek, to accept August 29, 1988 as the date for individual councilmembers to meet with Facilitator Barbara Arney. Motion, Ayes=5, Nays=O, Motion passed. LAKE MINNETONKA REGIONAL PARK Mayor Grabek reported that he had attended the meeting of the Lake Area Mayors and presented the proposal o` using the amicus curiae brief as a legal tool. He was informed by Tim Thornton, attorney from Briggs and Morgan repre!enting the landowners, that the brief was not an effective meth-3d of legal involvement. Mr. Thornton told Mayor Grabek that he would like to see the surrounding cities become actual parties in the lawsuit, at a cost ranging from $100.00 to $2,000.00 each. Mayor Grabek told Mr. Thornton that he would have to give t1.e matter further consideration. Mayor Grabek further reported that Neil Webber, area representative for Hennepin Parks, said that he was against the park because he opposed the constitu::ionality of the condemr:atiori. As the meeting progresses'., it was discovered that the controversy between Minnetrista and Hennepin Parks had been reduced, to a disagreement over 20 acres. Mayor Grabek suggested to the Mayor of Minnetrista that they participate in more discussion with the Hennepin Parks in an attempt o resolve this difference. Mayor Grabek said that at. this time he is not sure whether Minnetrista is in favor of the park or not. City Attorney Barrett stated that he had talked with Mr. Thornton and Thornton wants the area cities involved because it would add weight to the Complaint. Barrett told Thornton that he would like the City of Orono held harmless for the costs should the cities lose and '.,hornton told him that could probably be arranged. Mayor Grabek stated that he did not know how the City of Orono should proceed. City Attorney Barrett suggested that the Council determine whether their intervention would be for the purpose of preventing the park, or to oppose the constitutional aspect of condemning property. Mayor Grabek stated that they would not want to stop the park, because as he understands it, the City of Minnetrista is concerned about the size of the park, not stopping the park. Councilmember Callahan stated that Minnestrista could fight the size issue on their own. If the City of Orono does intervene, it would be due to the constitutional issue. He would rather see Orono present an amicus brief than do nothing. ile felt that Minnetrista could possibly compromise and drui, _,e constitutional issue of the litigation in exchange fur a satisfactory size of the park. He wants to see Orono become a party to the lawsuit, due to the fact that should Orono file an amicus brief and Minnestrista settle the case, Orono would have to initiate its own lawsuit in order to pursue the constitutional issue. He felt that the other MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 LAKE MINNETONKA REGIONAL PARK CONTINUED cities should join in the lawsuit but not expect that Minnetrista will resolve the entirf matter. Should they settle the park issue and drop cut of the lawsuit, the other cities could proceed with the constitutional issue. City Attorney Barrett stated that Minnetrista's settlemen. may end the lawsuit entirely. There may not be a basis for litigating the constitutional issue unless Orono can prove that damages occurred within Orono as a direct result of that issue. It will be difficult to substantiate the lawsuit based upon theory only. Councilmember Nettles asked if the City could cite a problem, i.e. increased traffic resulting from the impending park. Councilmember Callahan stated that he could not see how the proposed park would increase traffic throuah Orono. Councilmember Nettles inquired as to involving the Lague of Cities in this matter. Councilmember Callahan agreed that Orono should get the support of the other municipalities, not only for legal strength, but for financial support as well. Mayor Grabek asked whether the filing of the amicus brief would be sufficient to hancle this. City Attorney Barrett stated that it would not be !sufficient to keep the lawsuit alive if Minnetrista settled. Councilmember Goetten stated that her pri:no concern was the constitutionality of this particular condemnation issue. She inquired as to the most efficient way to proceed in lieu %.,f the amicus brief. City Attorney Barrett responded that the amicus brief would be appropriate in that it would tell the Court Orono is concerned about these devices because they limit the sovereignty of cities in a way that is unacceptable under Orono's interpretation of the Constitution. He said that the next question to consider is whether Orono would seperately be pursuing a lawsuit if Minnetrista had not initiated it. Mayor Grabek interpreted Attorney Barrett's comments to indicate that Orono would get more for their money if they became a party to Minnetrista's lawsuit. Attorney Barrett stated that the Court can only make a ruling in a case if they can award a remedy, which in this case would Ls disallowing the Park Board condemnation and stop or delay the development of the park. Mayor Grabek asked whether it would be better to wait rather than jumping in now. Councilmember Callahan suggested waiting to see if Minnetrista will settle and then proceed from there. City Attorney Barrett suggested that it may be best to agree to intervene at some stated price, but let Minnetrista and the other parties know that Orono may have a separate interest in this matter which they are unwilling to compromise. He felt that this was the way that Mr. Thornton would like the cities to proceed. Councilmember Nettles asked if perhaps the City could initiate their own lawsuit and later consolidate it with the existing Minnetrista suit. Callahan stated that Orono could agree to become a party plaintiff, but specify to Minnetrista that they are doing so with the ag-eement that Minnetrista will not settle. Mayor Grabek stated that the driving force at this time is MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 LAKE MINNETONKA REGIONAL PARR CONTINUED to support Minnetrista. He sees no other motivation coming from the other cities. City Attorney Barrett state:: it could be very costly for Orono to proceed with the lawsuit should Minnetrista settle and drop out. Mayor Grabek asked for some direction from City Attorney Barrett that would allow Orono to maintain control on intervention. Barrett recommended that the City agree to become named plaintiffs, stating that Orcno may have separate interests, but is willing to join now; recruit other cities to join as well. Counsel from Dorsey -,hould be apprised of the situation and asked to review pleadings and notices of hearing from the Court. Barrett stated that if the City is not a party to the existing slit, they may find out about any settlement agreement after th,� fact. :Mayor Grabek asked if a letter of intent should be sent to Minnetrista and simultaneously send a le*.ter to each affected city indicating the direction in which Oron, is going to proceed and seek their support. The League of Cities should also be notified. Councilmember Goetten felt that this matter did not affect only those cities around Lake Minnetonka, but the entire State. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to notify Minnetrista of Orono's desire to become a party plaintiff; initiate recognition of a counsel representative from Dorsey and have City Attorney Barrett apprise that attorney u` Orono's position; direct staff to draft a letter to the Lake cities indicating Orono's position and seeking participation at a fee not to exceed $500.00. Motion., Ayes=5, Nays=O, Motion passed. CITY ADMINISTRATOR'S REPORT: BOHNS POINT FEASIBILITY Acting City Administrator Gerhardson explained that this matter was tabled at the JLly 11, 1988 Council meeting so it could be presented again before the five member council body. The residents on Bohn's Point Road have agreed that they wi 11 pay for two-thirds of the cost of the feasibility study, as opposed to paying one-half. Mr. Clark Winslow was present, representing the residents on the road. Mr. Winslow stated that in the last 5 years, Bohn's Point Road had endured substantial heavy truck traffic due to various construction projects. The road is breaking away in several spots, is uneven and has 6" to 10" holes on the edges. The residents would like to get the road redone, which means to repair the condition of the roadbed and resurface the road. They also want to even out he edges of the road and bring the road to an even 22' in width. They have also discussed the possibility of a bituminous lip along the edge of the road to help control water runoff. Councilmember Goetten was concerned about making the road 22' in width when the Council had recently set a 24' standard for road widths. She wanted to know why this standard was not being 7 MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1986 BOHN'S POINT FEASIBILITY CONTINUED upheld. Acting City Administrator Gerhardson stated that this project does not compare with Woodhill in that Bohn's Point is not a completely new road, it is only being overlaid. Also there is only a 33' right-of-way through Bohn's Point. The City would only be making the width even throughout the entire road, not widening the entire road. Councilmemher Peterson asked for an estimated cost of the project. Gerhardson stated that he could not commit to a specific fee, but estimated the project to run approximately $20,000.00. Councilmember Callahan reiterated Goetten's concerns about upholding the 24' standard for roads in Orono. He suggested that the feasibility study could include widening Bohn's Point to meet that standard. Councilmember Peterson asked if there would be an agreement drafted for the residents of Bohn's Point Road to sign with regard to payment of the fees for the study. Gerhardson assured her there -ould be such an agreement. Mayor Grabek asked the Council if any members wished to apprise Mr. Nettles of the previous discussion that had taken place or individual opinions that had formed wi;.h respect to the proposed feasibility study. Councilmember Callahan stated that since the study would include widening the road to 24', he may be willing to vote in favor of it. Councilmember Nettles inquired whether the study would include the effects of runoff and storm sewer drainage. He mentioned the pond in Mr. Winslow's yard Gerhardson stated that the study would show the areas of drainage. It was moved by Councilmember Goetten, seconded Councilmember Nettles, to undertake a feasibility study for d Bohn's Point Road upgrade which is to include the aspect of widening the road to the 24' standard width. The residents must enter into a written agreement with the City of Orono that would verify that they (the residents) would be responsible for two- thirds of the _ist of the study. Motion, Ayes=5, Nays=O, Motion passed. MINNEHAHA CREEK WATERSHED OPERATION POLICY City Manager Gerhardson asked if there were any questions with regard to Mr. Finkelstein's report. Mayor Grabek thanked Mr. Finkelstein for his efforts. It was moved by Councilmember. Goetten, seconded by Councilmember Peterson, to accept the report from Mr. Finkelstein and instruct staff to bring the issue back to the Council when it received information regarding the Waters Management Policy in advance of the March 1989 renewal date. Motion, Ayes=5, Nays-0, Motion passed. MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 8, 1988 FINANCING ALTERNATIVES SEWER INSTALLATION Councilmember Goetten stated thW_ she was pleasAd that the City was looking at other al.ternativss. It was mov- by Mayor Grabek, seconded by Councilmember Goetten, to direct staff to further refine a policy for financin5 sewer installations in established areas in the community. Motion, Ayes=5, Nays=O, Motion passed. BUDGET MEETING-SEPTEMBER The meeting has been scheduled for Tuesday, September 20, 1988. There were not objections i- meeting at that time. It was moved by Councilmember Goetten, seconded by Councilmen* Peterson, to establish a special Council meeting for presentation of the budget for review on Tuesday, September 20, 1989, at 7:00 p.m. Motion, Ayes=5, Nays=O, Motion passed. ADMINISTRATION/PERSONNEL POLICY AMENDMENT Acting City Administrator Gerhardson explained that this was an amendment to the existing Administrative and Personnel Policy in regard to sexual harrassment. Mayor Grahek stated that that was a serious issue and any amount of strength that could be given to those policies, the better. Gerhardson stated that Department Heads had attended a seminar pertaining to this issue and that the other City employees would also attend a seminar. Councilmember Goetten asked if qualifying factors came from the State. Gerhardson explained that the City Administrator had worked with the League and made azrangements with consultants that had been working through the League with several other cities and that is how the project progressed. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt amended section 213, Prohibited Practices, as an amendment to its Administrative a,,d Personnel Policy. Motion, Ayes=5, Nays=O, Motion passed. CRYSTAL BAY SEWER HOOKUP STATUS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information regarding the sewer hook-up status in the Crystal Bay area. Motion, Ayes-5, Nays-0, Motion passed. AUTHORITY TO DESIGNATE DEPOSITORIES* Councilmember Peterson inquired as to what would happen if the City Administrator or Finance Director had choler: a depository that later is rejected by the Council. City Attorney Barrett asked what would happen especially in light of investing in a 6 month certificate of deposit. Acting City Administrator Gerhardson suggested that this matter be tabled until those questions could be answered. Councilmember Peterson inquired whether this measure would actually allow the Finance Director to obtain a better interest rate because he could act immediately? Gerhardson replied that it would allow more flexibility. Mayor MINUTES OF REGULAR OLONO COUNCIL MEETING AUGUST 8, 1988 AUTHORITY TO DESIGNATE DEPOSITORIES CONTINUED Grabek stated that there should be guidelines tlat are to be followed and asked ehether the City had su-.;h policies. Gerhe,rdson was uncertain as to the extent of the policies. It was moved by Mayer Grabek, seconded by Councilmember Peterson, to table this matter until further information is presented to the Council. "otion, Ayes=5, Nays=0, Motion passed. APPOINTMENT OF ELECTION JUDGES FOR PRIMARY ELECTION SEPTEMBER 13, 1988 PHD GENERAL ELECTION NOVEMBER 8, 1988 RESOLUTION #2484* It was moved by Councilmember Nettles, seconded by Councilmember Peteiso.., to adopt Resolution #2484, Appointing Election Judges f-_ _re Primary Election to be held September 13, 1988, and the 3eneral Election to be held November 8, 1988. Motion, Ayes=5, Nays=O, Motion passed. REFUND-RAINEY ANDERSON* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to authorize a refund to Rainey Anderson for a total of $1,525.00 for overpayment of final subdivision fees. Motion, Ayes=5, Nays=O, Motion passed. GOLF COURSE RE -ROOFING* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the replacement of the clubhouse roof at a cost of $4,840.00 and to borrow the monies from the general fund contingency to be paid back in 1989, Motion, Ayes=5, Nays=O, Motion passed. SALARY ADJUSTMENT TERI NAAB* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve the step adjustment for Deputy Clerk Tei i Naab from $ 10.33 per hour to Level 4 Step IV, $ 10.71 per hour, effec*ive July 1, 1988. Motion, Ayes=5, Nays=O, Motion passed. SALARY ADJUSTMENT.' JAMIE BOSMA* It was motred by Councilmember Nettles, seconded by Councilmember Peterson, to approve the step adjustment for Jamie Bosma. I, from $7.27 per hour to $7.679 per hour effect;ve July 1, 1988. Motion, Ayes=5, Nays=O, Motion passed. 3536 LYRIC AVENUE* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the information from the staff regarding the .July 11, 1988, violation at 3536 Lyric Avenue. Motion, Ayes-j, Ndys-0, Motion passed. I(; MINUTES OF REGULAR ORONO COUNCIL MEETING AJGUST 8, 1980 ADMINISTRATOR'S INFORMATION* - It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to accept the City Administrator's Information regarding: Livingston Tower Park Sculpture; 1972 Shadywood Rcad; 3508 Ivy Place; Water Conservation Regulations; Orono/Minnr.tonka Beach Interceptor; and Goal Setting Status. Motion, Ayes=5, Nays-O, Motion passed. CITY ATTORNEYS REPORT: No report. LICENSES• It was moved by Councilmember. Nettles, seconded by Councilmember Peterson, to approve the following licenses: Septic System Installer: Clover. Hill Co., Inc. Route 1, Box 372A Waverly, MN 55390 Garbage & Refuse Collector: Westonka Sanitation P. 0. Box 84 Navarre, MN )5392 Motion, Ayes=5, Nays-0, Motion passed. BILLS* It was moved by Councilmember Nettles, seconded by Councilmember Peterson, to approve payment of the All Funds Accounts. potion, Ayes-5, Nays-0, Motion passed. ADJOURNMENT 8:35 p.n. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adjourn the regular Council meeting at 8:35 p.m. Motion, Ayes=5, Nays=O, Motion passed. ATTEST: Dorothy M. Hallin, City Clerk James Grabek, Mayor f.0 G 2 219r To: Planning Commission Chairman Kelley Orono P1 inning Commission Members 3My.J,tJ City Administrator Bernhardson From: Jeann- . Mabusth, Building & Zoning Administrator Date: May 1" L988 Subject: #1265 MinnetGnka Alano Group, Inc. - 2760 Fox Street - Conditional Use Permit/Variance - Public Hearing Zoning District - RR-lB Area - 24,677 s.f. or .56 acres Pertinent Ordinances --_ction 10.20, Subdivision 3(C) Conditional Use Permit required for non-rrofit club use within residential zone. Section 10.61, Subdivision 5(A) SetLack variance requi-Ad for expansion of parking area within the front/street required yards areds. Required = 5'-' Proposed = 10' Variance = 40' or 80% Other sections of the code pertinent to review. Section 10.61(G) Parking stalls required for club use. Required = 10 sta;13 Proposed = 28 stalls List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Site Plan Exhibit F. - Septic Inventory Mapping Review of Application - Last summer the applicant had discussed their need to expand the parking area of their facility. In those preliminay discussions the applicant was advised that the use had never been formally recognized with a Conditional Use Permit and that any plan to expand wi-hn 50' of the street of the two front yards for parking would require a variance setback approval. During the process of review, he septic inventor- mapping card was reviewed and the location of the septic system was found to be located under the existing gravel driveway. Upon a site inspection with the city engineer, staff observed an outlet ripe extending from the north lot line to the drainagt- way that runs along the north side of the property. Staff noted no odor and assumed it was possibly drainage from a sump pump in the basement area. Applicant should confirm. The septic inventory card also notes minimal fill over septic drainfield. Gaffron was consulted on the condition of the existing sertic system and he observed that a drainfield that had a gravel covering and was driven over for parking and 1r, veway purposes would be useless and not worth retaininq or improving, review or Exhibit D. The maior extentions of the parking area are located within the Zoning File #1265 Page 2 May 12, 1988 unimproved grass areas of the property. It is staffs responsiblity to advise the app licant that this is the time to p lan for the future use of this site, review Exhibit H. The well recently installed in 1986, does not meet the standard for seperation from the septic system. In fact, if you observe the 75' setback area, no septic system could be instal led on the property and meet the seperation standard. More than 1/3 of the property and the border around the east side is unsuitable for future septic develv_-ement. Before the applicant can consider of further parking impro,.ements to this site, the septic issue must be resolved. Staff would concur that the existing use of the club is probably the one use that could survive on this severly limited half -•acre site. The applicant has advised that there are 3 to 4 nights scheduled for meetings and that the most in attendance at any one night is approximately 40 members. The average meeting is between 15 and 20. Section 10.61(G) would require only 10 spaces based on the total 1,458 s.f. area of the structure. Note additional parking is only required for each 300 s.f. over 2000 s.f. of bui lding. The informa 1 parking area on the north side can easi ly meet a 15 car parking requirement. As the applicant, Minnesota Alano, Inc., is the owner of the property, staff feels it is most important that the owner be advised that any future expansion or improvement of this property will prohibit of future septic expansion. The septic: issue must be resolved with the City before any other changes are approved for the site. Based on the low water use level, applicant may be best advised to install a holding tank, if this is the case, the applicant would have to return seeking a varaince to the septic code. But staff would have no problem approving such a request. At any rate, now is the time to resolve the septic issue. Staff Recommendation To table the application until applicant and staff have had time to resolve the septic issue. Staff will return the application for the Planning Commissions final recommendations as soon as the following can be shown on the site plan/survey: 1. Locate new septic system/holding rank??? 2. Applicant to redesign parking area taking advantage of the northern portions ^f the property already covered with the gravel and preserving the green spaces within the front yards. Applicant must locate property stakes at southeast corner at Fox Street and northwest corner at Old Crystal Bay Road. 3. Preliminary review would suggest the newly relocated access would be superior to the existing access located too close to the intersection of Fox and Old Crystal Bay. 4. Applicant may consider reducinq parking needs to no more than 20 parking stalls - applicant may wish to limit number of members at meetings. 5. In line with the fact that this application is also granting a formal Conditional Use Permit for the club use, staff would sugqest that the applicant provide some written information as to meeting, schedule, number of members, hours of meetings, etc. Zoning File #1265 Additional Comments and Planning Commission Recommendation - August 17, 1988 Page 3 of 3 Additional Exhibits Exhibit F - Map of Area Unsuitable for Septic Development on Property Exhibit G - Planning Commission Minutes of 5/16/88 Exhibit H - Revised Parking Plan The applicant has worked with the Orono staff to amend the site plan providing the most efficient use of the severely limited site. Note the revised plan (Exhibit H), provides a total of 25 parking stalls, 8 compact and 17 regular sized stalls. The compact stalls proposed at 9x16' will req:.ire a variance to the parking stall standard (9'x20'). Mike Gaf.fron has worked with the applicants to locate a site for a holding tank on the property which has been designated on the revised site plan (Exhibit H). In addition, the former curb cut at Old Crystal Bay Road has been closed off with only a single access to the property at Fox Street. This curb cut has been approved as the safest location to the site by the City Engineer. Each of the stalls has the required 300 s.f. for ease of manuaverability, providing 360 s.f. with each stall. In the revised plan, the entire grassed front yard along Fox Street has been preserved with no major encroachment of the grassed area on the Old Crystal Bay Road side, as the majority of the existing graveled area now serves for the formal parking area along the north side of the property. Per Section 7 of the Orono Septic Code, specificakly the design manual, the City must approve the use of the holding tank on the property. As noted above, staff was most comfortable recommending approval of the use of the holding tank for this property based on the limited use of the association. The applicant also asks to maintain the graveled parking area rather than pave. If Council approves this request, staff would only ask that a paved apron entrance to Fox Street be provided up to paved edge of Fox Street subject to the review of the Public Works Department. In addition, the 8 compact stalls must be clearly marked in order to avoid any traffic congestion along the drive on the east side of the property. Planning Commission Recommendation - The Planning Commission unanimously recommended approval of the conditional use permit for the private club use, setback variances for the improved parking area, parking stall variance for the compact- cars, and approval of the use of the holding tank based on the limited septic needs of the private club use. The enclosed resolution has been drafted per the Planning Commission recommendation. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (C) AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.61, SUBDIVISION 5 (A) AND SECTION 10.61, SUBDIVISION 4 (F) FILE #1265 WHEREAS, Roger A. Koehnen, an authorized representative of the Minnetonka Alano Group, Inc., (hereinafter "the applicant") has an interest in the the property located at 2760 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 24 and that part of Lot 23 lying West of the East line of Lot 24 extended North, all in Auditor's Subdivision No. 229, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to allow the continued use by the applicant of the property for a non-profit club use, and in conjunction with the upgrading of the site, seeks the following variances: Per Section 10.61, Subdivision 5 (: , - street setback variance is required for the new alignment of th-_ King lot. located 5' from the street side lot line instead of 50' ;uiring a 45' or 90% variance; and Per Section 10.61, Subdivision 4 (F) - Applicant also requires a parking stall size variance for eight (S) stalls measured at 91x16' rather than the required 9'x20'; and Per Section 7 of the Orono Septic Code Design Manual - seeks approval of the City for the use of a holding tank on the site. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1265. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring a minimum of 2 acres of dry contiguous land in area. The property consists of 24,677 s.f. or 0.56 acres. Page 1 of 5 3. The Orono Planning Commission reviewed this application on May 16, 1988 and unanimously recommended approval of the conditional use permit and variances sought by the applicant and as noted above, based on the following findings: A) The non-profit club use of this severely limited property located within the rural unsewered areas of the City is an ideal. use based on the limited septic demands of the club. B) The applicants have agreed to close off the access at Old Crystal Bay Road. Such access could never meet the safety distance separation setback from the intersection of Fox Street and Old Crystal Bay Road. C) The majority of the side and front street yards will be maintained as grassed areas with the proposed site improvements. D) The City has received no negative comments or objections from any of the surrounding neighbors nor are there any records of previous complaints by the neighbors regarding the current use of the property. E) The current use has existed on this property for approximately 10 years. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 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. 6. The City Council finds that granting a conditional use permit to allow the continued private non-profit club ise by Minnetonka Alano Group, Inc. 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 neiyi,horing projerties, nor will it depreciate surrounding property values avid that the proposed level of use of the property will be in keeping wit' the intent and objectives of the Zoning Code and Comprehensive Plan of thf! City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves the use of a holding tank on the property per Section 7 of the Septic Code, Design Manual, and further grants variances to Section 10.61, Subdivision 5 (A) and Section 10.61, Subdivision 4 (F) that would permit an expansion of the parking_ area to wi in 5' of the side street lot line instead of the required 50' street setbaux requiring a 45' or 90% setback variance, and approves eight (8) parking stalls at 9'xl6' instead of the required 91x20', and per Section 1C.20, Subdivision 3 (C) grants a conditional use t:a-mit for the continued use of the property by Minnetonka Alano Group, Inc,., a non-profit club, subject to the following conditions: 1. The entrance to the parking lot at Fox Street must be paved. The area to be paves; shall be determined by the Public Works Director. 2. Applicant must obtain a permit from the City to install the holding tank within the north yard area as shown on the official site plan, revised by Kelsey Architects Drafting, Delano, Minnesota, by Duane Kelsey, dated 8/16/88. 3. The eight (8) stalls that measure 9'xl6' along the east side of the building must be marked with appropriate signage designating compact car parking stalls. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (August 22, 1989). 5. Violation of or nor, -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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 22nd day of August, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of 5 f ,I CITY OF ORONO - GENERAL, LAND USE APPLICATION --J---;------ - PROPERTY LOCATION S ) , Site Address %�; �'' K �T�.Y`c" 1 �/�c%Ic' , `� �_) Property Identification Number (P.I.D.) CITY OF 'UK0 Please check one - Property abstract or torrens? 1;Zr7rr i A" .If" L.' I ♦ L � (for Conditional Use Applications only) 1-7c11,,r,;,,r,,�r, 11.!0 Va %-'VVVV nr r:V !�;, r,r� Please attach legal description to application if not included VA 1=`'•='' on required survey. - cr,% n ;or, ,n Li!—fEN IL 1JV. VV -------- �' -e t;Eir�T-t 0,4l i't74 APPLICANT — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Phone (home) .�i %�;'-��� �C�3� :,n; -; C .n . 42"l-"L6 )Name l.'11 A)X - Phone (work) _ Address :--)?Ll` 7A <�7. A City 0'v� _ Zip -----'•---------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone Address City Zip Date Property Acquired / 9Z,-0 (month/year) I (do) (do not) also own the adjacent parcels of land. ------------------------------------------------------------------- FEES - CONDITIONAL USE PERMITS - Renewal Fee - 1/2 Current Fee After -the -Fact Fee - Double Current Application Fee $100.00 a) Residential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $�u0.00 f) Land Alteration Grading and filling - designated floodplain Grading and filling - 101 cu. yd. Grading, seawall, retaining walls of lakeshore PRD/PID - see fee schedule OTHER APPLICATIONS $150.00 $250.00 $150.00 $ 50.00 $250.00 $100.00 Other - wetland or or more within 75' Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation with Fubdivision Rezoning Appeals see fee schedule PRESENT USE OF PROPERTY Present Zoning District _ Present Use of Property Residential .�'�CF �r C7�Cc(rYj Other (specify) C .heI ;tt ,4r(43 -------------------------------------------------------------------- Y-�-- DESCRIPTION OF REQUEST / Describe request in detail: itt4 �d/5,1,AJ, lr/i�iyC, }cL --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350, (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). �! Plat Map. 8. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. ---------------------------------------------------------------------------- The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Use Application is complete. Zoning Officials Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplie7 true and o ect to the best of his/her knowledge. Applicant's signature f C l7? �1-/ Date S- OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date ---------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission MFcting. 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 anO Council. If an applicant is unable to attend r, scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. RUN DATE 09/25/87 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 8 BATCH 004 38 04-117-23 31 0005 38 04-117-23 31 0006 38 04-117-23 31 0007 PROP ADOR 02880 FOX ST 00585 OLD CRYSTAL BAY RD S C0565 Ot!) CRYSTAL BAY RD S OWNER N1ME LESTER E THCMPSON ETAL PAUL W BERGGREN E WIFE BENNIE C FOSS ETAL TAXPAYER LE TER E THOMPSON REV PAUL W BERGGREN BENNIE C FOSS NAttE/ADDR 2860 FOX .7REET 585 OLD CRYSTAL BAY RD 565 OLD CRYSTAL BAY RD PT 1 BOX 325T LONG LAKE MN 55356 LONG LAKE MN 55356 LONG t AKE MN '55356 38 04-1.7-23 34 Orj4 38 04-117-23 34 0006 38 04-117-23 42 0004 PROP ADDR 027�0 FOX ST 0:.':ER NAME T E S AHLSTROM J F KEMP S L NOVOTNcr-KEMP l:"r 9 OLSON ETAL TAXPAYER THOMAS E AHLSTROM JEROME F KEMP LYLE R OLSON NAME/ADDR 2801 FOX ST 2800 FARVIEW LA 2720 FOX ST LONG LAKE MN 5F356 LONG LAKE MH 55356 WAYZATA MN 53391 38 04-117-27 42 0005 38 04-117-23 42 0006 341 04•117-23 42 0023 PROP ADDR 02740 FOX ST 02760 FOX ST 0j)54n OLD CRYSTAL BAY RD S , 0:":ER NAVE O E OR' SSEL ETAL Mlt3:ETDN(A ALANO GROUP INC G FLA', A J ROGOSHEEKE TAXPAYER ORVILLE E DRESSEL MIt^:ETOMA ALANO GROUP GEORGE FUNK/JLFJY ROGOSHESKE NAME/ADDR Z740 FOX ST 2760 FOX ST 5&0 OtO rR,STAL BAY RD S WAYZATA MN 55391 LCtM LAKL MN 55356 L!kr, WCE MN 55356 i. t,4 38 04-117-23 42 0025 38 04-117-23 42 002". 38 04-117-23 43 0002 PROP ADDR 02765 FOX ST O'-NER NAME ELIZABETH B SPENCER G FUt9( i J ROGOSHESKE CAROLYNNE A HI30S TAXPAYER jOHN C COt37ELL STEVEN E L.AURIE JENNIGES CAROLYNNE A HIBBS NAME/ADDR 5108 PEtN AVE 5 10911 WEST HIGHWAY 55 2765 FOX ST- MPLS r-N 55419 P 0 BOX 1390 WAYZATA MN 55391 - PLYMOUTH MN 55441 38 04-117-23 43 0003 38 94-117-23 43 0011 FROP ADDR 02675 FOX ST 02760 FOX ST O KER NAME STEPHEN G KASTER MIta:ETOt9(A ALANO GROUP INC TAXPAYER STEFHEN G KASTER MINNETCNKA ALANO GROUP TOTAL BATC4 004 00014 Nl.hE/7ODR 2675 FOX ST 2760 FOX ST WAYZATA MN 55,91 LCNG LAKE MN 553-S,, RUN DATE 09/25/67 BATCH 004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY 0WNERS LIST REPORT NO. PI435401 PAGE 9 I CERTIFY TIIAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATID:I AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTME OF PROPERTY TAXATION► THE BEST OF MY KNOWLEDGE AND BELIEF,. DATE G�BY L L i \ `��----------''-----� '| (}� . , ' ` `` 10 / m'o V CERTIFICATE OF SURVEY F oR : 1A l /V 1V r- i'oA1*-R AL ,,,9 ND 4 J On 44 a Cr J NQ F 17 • a r fW M0W S N/[ • l I i I 'O\ - I LEGAL DESCRIPTION Lot 24 and that part of Lot 23 lying West of `h& East line of Lot 24 extended North. All in Auditor's Subdivision Number 229, Hennepin County, Minnesota. I hereby certify that this plan, survey or SCHOBORG ieport was prepared by me or under my direct 3✓ sB supervision and that I ain a duly Registered _ BnOk -Cry ND SURVEYING Lend Surveyor under the lows of the State of Minnesota. INC. na•ua w. I son Roo oRuMo. war ss�:a i �K147Date: Raistration I -�- LOCATICN INSPECTION RECORD PUMPOUT RECORD I 1 SKETCH ' -c COMPLIANCE DATE GALLONS + ' Z 3 _Amo I t ro - - C, • AI Include: 1) Well location 2) Distance frum house to septic tanks, diet. box, and drainfield C CO.,&F ORMING S -SUBSTANDARD N -NONCONFORMING 3) North arrow and road STA CK S / f B�LoG� GAD E <i,l�vD F;riEKING q E. J LL r r CERTIFICATE' OF SURVEY r� FOR: M l A/N 5 %-DA/ifFl AL .9 NDF� 0 v. � 3 L 2� QQl -�A J IR \ �� M- --- -- ob--��j-a6 -- --- --- c� V N. O h a.c —.4zz r A IV :.AFC ,a a i CP i 4--r 6 D �, �.1 o p r,, o n� \• LEGAL DESCR IP f ION Lot 24 and that part of Lot 23 lying West of the East line of �— Lot 24 extended North. All in Auditor's Subdivision Number 229, liennepin County, 11•linnesota. I hereby certify that this plan, survey or JOB 11 report was prepared by me or under my direct SCHOBCRG supervision and that I am a duly Registered 30 58 N_ D_SU_RVEYI N__G_ Land Surveyor under the laws of the ')tate or Book - Page INC. _ Minnesota. _ � 3! — 1 31� Date: �,��T /�' Registrationo. 14700 Nd MINJTES OF THE PLANNING COMMISSION MEETING HELD MAY 16, 1988 #1263 WINDWARD MARINA/RIVERS CONTINUED Mabusth explained that if the Council is agreeable, an agreement could be made with the owner/applicant of the property to approve the project for a 3 year time period. It was moved by Kelley, seconded by Bellows, to recommend approval of the commercial site plan as proposed per staff recommendations subject to the following conditions: 1. Designation of a crosswalk across the County Road. 2. Completion of the east side of the Browns Bay side by November 30, 1988. 3. Paving is only requiied on half of Tanager Lake parking area which already exists at this time. - Motion, Ayes 5, Nays 0. #1265 1INNETONKA ALANO GROUP INC. 2760 FOX STREET VARIANCE/CONDITIONAIL USE PERMIT PUBLIC HEARING 7:56-9:04 The Affidavit of Publication and Certificate .of Mailing were noted. Gerald Johnson and Roger Koehnen were present for this matter representing the Alano Group. Mabusth explained the rec:uest for a conditional use permit to formally allow the non-profit club use within a residentir zone; and a setback variance for expansion of the parki.ig area within the front/street required yard areas. She advised that any future residential use of the property would be very limited because the expansion of the parking area would destroy the suitable septic area. Kelley asked why not keep the parking area grass rather than asphalt. Mr. Johnson stated that they need an additional 24 parking spaces and this can only be accomplished by utilizing the septic area and putting in a holding tank. They feel leaving the parking area grass would only kill the grass and provide a muddy parking area. Kelley felt that this non-profit club use was an ideal use for the property and did not feel it would ever be changed to a residential use. There were no comments from he public regarding this natter and the public hearing was closed. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 16, 1988 #1265 MINNETONKA ALANO GROUP INC. It was moved by Kelley, seconded by Hanson, to recommend approval of the conditional use permit, setback variance, and variance for the use of a holding tank as proposed. Motion, Ayes 5, Nays 0. #1266 GAIL LIVINGSTON 2885 SIXTH AVENUE NORTH VARIANCE PUBLIC HEARING 8:05-8:10 The Affidavit of Publication and Certificate of Mailing were noted. Mabusth explained the request for a variance to maintain 2 horses at a 2.34 acre homestead. She explained that when horses are kept stabled and do not require a pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the Council. Applicant will provide feed and has no need for the additional pasture area for the feeding of two horses. Gail Livingston was present for this matter and stated she is in the process of moving, the house is for sale, and prospective buyers have inquired about being allowed to maintain horses on the property. Kelley stated he did not like granting variances to someone who will not be owning and living on the property. Bellows concurred with Kelley, but noted she did not see a problem with recommending approval of this particular request to the new homeowner. Brown and Hanson agreed with Bellows and Kelley. Planning Commission_ and staff advised Ms. Livingston how to proceed with this application when she has a actual buyer and purchase agreement. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Bellows, to table Application #1266 at this time. Motion, Ayes 5, gays 0. I 0 V♦ J � L d z o (h o Z � � CERTIFICATE OF SURVEY FOR:— /N / /l/ /1/ F rO /VlfR L A NO l� 1 1� • : zco.4/ M0,,,/ S ✓IL t.0 o, .9, ` I 1, ` I p N � to 47.8 m Z. �.Li �Y lot C � p, DQIVS 13 R_ VIt ED ey I<ELS_ry 1__-_ A•�CN'T: rI`�PA r i'IIJ6 , CELt,.f10 t4I J. /'i ie&",/y 2 - 2069 LEGAL DESCRIPTIONT— Lct 24 and that part of Lot 23 lying West of st line of Lot 24 extended North. All in Auditor's Subdivis- umber 229, Hennepin County, Minnesota. I hereby certify that this plan, c,•_,ey or JOB 0 report was prepared by me or under ray direct S r K O B O R G supervision and that I am a duly Fe,.st�red ? C 59 ND SURVEYING Lend Surveyor under the laws of tha ,;;arP or Book - Page INC. Minnesota. ?y 3 / n•. 072•J221 Olur.O, MN SS72D �� � � / �'_ q SC.C-- Date:-XFeJ-' / f7Registretinn o. 14700 AU G 2 2 1gEi a APPLICATION NO. 1291 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8/15/88 ------------ I--------------------------------------------------------------- TO: Mr. & Mrs. Alfred Iverson COPIES: 2835 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------- DATE OF MEETING: 8/8/88 VOTE: 5 For 0 Against COUNCIL ACTION — NOTION: Council voted unanimously to table your variance application review until you could be present before the Council. Please advise if you cannot schedule an appearance before the Council at their upcoming August 22, 1988 meeting. As you requested via the phone, staff has enclosed a copy of the staff memo prepared for the August 8th meeting of the Council. Please contact the Building & Zoning office if you have any further questions. [�,UG2219 1; To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 17, 1988 Subject: #1296 Merritt J. Peterson & Rick Stodola, 1895 Shadywood Rd - After -the -Fact Variances - Denial Resolution List of Exhibits Exhibit A - Ben Whitney's Memo Dated 7/19/88 Exhibit B - Letter to Gustafsons Dated 8/17/88 Exhibit C - Denial Resolution At the July 11, 1988 meeting of the Council, Council conceptually denied the lot area application of the applicants and directed staff to draft the appropriate denial resolution. That resolution has been prepared for your formal review and action. Prior to acting on the applicants' specific request for the maintenance of an accessory residential dock on the property, the City Attorney was asked to provide an opinion regarding the legal issue as to whether the City would be granting a "use variance" if the dock use was approved. Ben Whitney has prepared a memo responding to the legal issues raised by the Council (Exhibit A). Briefly, the memo advises that a variance that would allow an accessory use without a principal use is not a use variance since the dock use is an approved or permitted accessory use within the residential district, and is similar to the types of variances granted to standards set forth in the zoning code for certain uses such as the lot area variance that you dealt with earlier with this application. You will be asked to address not only the issue of the dock use but any future reasonable use of this unbui_ldable property. Please review the original staff memo that cited all the issues raised throughout the review in addition to the Planning Commission comments and recommendation. Upon resolve of the dock issue, direct staff to amend the enclosed resolution t-) to reflect the final action of the Council. A registered letter has been sent to the Gustafsons advising them of the final dispensation of this application at your next meeting. It also asks them to attend and if they were unable to attend, to schedule a meeting with staff so that we may resolve the :any issues surrounding their remaining properties within RLS #1216 and the lot referrer' to as Exception or 0003 in the staff memos. A RESOLUTION DENYING VARIANCES TO MUNICIPAL CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 1296 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the protection of the public health, safety and general welfare; and WHEREAS, Merritt J. Peterson and Rick Stodola (hereinafter "the applicants") have an interest in the property located within the City of Orono (hereinafter "the City") legally described as Tracts F and G, Registered Land Survey #1216, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) seeking an area variance to allow construction of a principal residence within an approximate building envelope of 5,500 s.f. and an average dry buildable land depth of 95 to 105 feet where the zoning district would require a minimum of 21,700 s.f. or 1/2 acre in area, requiring approval of an area variance of 16,280 s.f. or 75%. Absent a site plan for the development of this site, and in consideration of the minimum standards of the LR-lC zoning district, the applicants would probably have to seek additional hardcover and lakeshore setbacx variances to Section 10.22, Subdivisions 1 & 2, and variances to Section 10.55, Subdivision 8 that would prohibit structures and excavations within 75' of the lakeshore; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; and the comments of the applicants and applicants' attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby denies the requested variance for the property described above i>ased upon one or more of the following findings of fact concerning this property: ;. Registered Land Survey #1216 was filed on May 8, 1967. The property at that time was zoned R-ln, requiring 1/2 acre in area and the subdivision regulations of the City would have required City approval. The public records of the City do not provide any evidence that the record owner at that time, Miriam D. Coffee, now Mrs. Ewald Gustafson, had filed an application for subdivision approval, as the majority of tracts within RLS #1216 are wetlands area, it is not clear as to the original purpose of the division. Page 1 of , 2. The property is currently zoned LR-1C, .".akeshore Residential zoning district, requiring a minimum of a 1/2 acre in area and 100 feet minimum width. Based on the performance standards of the zoning district, the proposed use of the property as a residential or auildable lot would require the following variances: a) Lot Area: Required = 0.5 acres or 21,780 s.f. Existing = 0.126 acres or 5,500 s.f. Variance = 0.38 acres or 16,280 s.f. or 75% b) The following variances would be required if the lot was developed as a buildable lot because of the limited depth of the lot at an average depth of 95 to 1051. Street Setback.: Required = 30' Lakeshore Setback: Required = 75' Hardcover Within the 0-75' Setback Area Must be Maintained at 0 s.f. Average Lakeshore Setback Variance 3. The present owners (originally only Mrs. Gustafson) owned the property prior to 1967. Ewald and Miriam Gustafson owned a residence on the east side of the County road, opposite the subject properties. The Gustafsons have maintained single separate ownership of RLS Tracts B, C, D, E, F & G. In addition, Gustafsons own approximately a 1/4 acre lot to the north and adjacent to Tract G of RLS #1216, (hereinafter referred to as "Exception"). 4. The property, currently owned by the applicants, consists of Tracts F & G, RLS #1216. Tracts F & G are divided by a lagoon area. The majority of Tract F consists of wetlands. The narrow land strip of Tract G is restricted by a County road rignL-of-way and by the encroaching wetland and lagoon. 5. Per the Flood Insurance Rate Mans of the City of Orono, Community Pannel No. 2701780005 C, the majorit} -)f Tracts F & G are located within the flood plains of Lake Minnetonka. The flood plain elevation of Lake Minnetonka is determined to be at the 931.5 elevation. 6. On November 24, 1967, Miriam D. Coffee received $100 from the County Highway Department for the sale of an easement for the adjacent County Road 19 involving Tract G of RLS #1216. The relinquishing of this additional dry land area created wore of an impact on the buildable envelope of this tract. Page 2 of 7 7. Tracts F & G of RLS #1216 have never been assessed for sewer o•r water. 8. The following table reviews the assessed market valuations for Tracts F & G: Tract F Tract G 1988 $100 $300 1987 100 300 1986 100 300 1985 100 300 1984 100 300 1983 110 270 1982 100 250 1981 60 140 1980 40 100 1979 30 80 1978 50 70 The market valuations suggests that the properties have never been assessed as building sites, although one assigned valuation of this property might change as a result )f a new clarification in allowed uses of this property. 9. The LR-IC, single family lakeshore residential zoning district contains 631 developed residential units. Of these 631 units: 209 of 631 (or 33%) exceed the 0.50 acre lot area requirement 517 of 631 (or 82%) are in excess of 0.20 acres 611 of 631 (or 97%) are in excess of 0.15 acres The Council finds that this lot with an area of 0.128 acres is not consistent with the existing developed lot sizes in the LR-lC zoning district. 10. The pr-uerty falls so short of the zoning standards of the district, that `he area variance and the ti,_riances required to build on the property are so excessive that they cannot justify the granting of the variance. 11. On May 6, 1988 the Building & Zoning staff discovered a dock constructed on the property and posted the d-.ck advising the owners of the violation on the property. In additio:;. a letter was sent on May 12, 1988 advising the record owners of thf� v_ )lation. Page 3 of 7 12. The following code sections were violated with the construction of the dock: Section 10.03, Subdivision 9 (A) - Time of construction. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. Section 10.25, Subdivision 5 (A) - Accessory uses. Any accessory uses regulated in the R-lA zoning district, any private docks subject to the City Code and other applicable regulations, including boat storage density regulations. 13. On May 20, 1988, staff met with Al Michaels, the attorney representing persons with an interest in the property, regarding the violation and advised of the necessary administrative steps to be taken in order for the City to determine that a dock can be legally installed on the property, as a dock is considered an accessory structure, staff recommended that a lot area variance application he filed with the City in order to determine if the lot was a buildable lot. If the lot was deemed unbuildable, then it was appropriate for the current owners to ask what other reasonable uses can be made of the property. 14. Tracts F & R of LRS #1216 were purchased by the applicants in 1987. The tax records refer to the fee owners as Coffee Landings. 15. At a preliminary application conference wi_h the applicants, they advised staff that they had met with the Chairman of the Lake Minnetonka Conservation District prior to constructing the dock in order to determine if there was legal authority to construct a dock on the property. Applicants failed to contact the City of Orono even to question the need for a building permit for such construction. 16. On May 26, 1988, the applicants filed a lot area variance application with a specific request to maintain a dock on the property without a principal structure. 17. The applicants were allowed to retain the dock until the buildability of the property was resolved by the Council. The app 1 ic4nts were asked to not use the dock until the Council had made a final decision concerning the future use of the property. 18. On June 20, 1988, the Orono Planning Commission reviewed the lot area phase of the variance application and recommended denial of the requested variance based on the following findings: A) There is only approximately 5,500 s.f. of area within the defined building envelope, with an approximate depth of 1001. Page 4 of 7 B) There is not adequate area to build a house and meet the 75' lakeshore setback requirement, the street and side yard setback, and hardcover regulations. C) The property has never been assessed for sewer or water. U) The property was valued for tax purposes in the past at a reduced amount to reflect the fact that these are substandard lots and not appropriate for residential construction. E) The lot is subject to flooding and is in the natural drainageway to the lake for the surrounding watershed. Any construction would be subject to periodic flooding. F) The property is :substandard in size in relationship to other lots in the area ul,on which development has alr.,ady been completed. G) The granting of a lot area variance for this property would re541t in additional: traffic congestion, surface wat,sr drainage problems, surface water pollution problem:. for Lake dinnetonka, congestion in he area, diminishing value to the 3urrouding properties, and parking prc')lems in the area. H) The applicants h:v2 failed to demonstrate any ha.-dship to warrant the granting of the variance, as the granting of the variance would be .hazardous to the health, safety, and welfare of the citizens of Orono. I) The granting of the requested variances would be adverse to the Comprehensive Land Use Plan and Zoning Code of the City. 19. The Planning Commission moved on the second phase of the application voting to recommend against the use of the residential dock based on the following findings: A) The lack of the principal structure means that there is no individual responsible for protecting the dock nor the boats maintained at that doe-'.. B) An adjacent neighbor already has a dick located on Tract F. C) The property is not wide enough to provide adequate parking that would meet the required setback of 't'5' from the channel area not the required 30 feet setback from t.ia street lot line. The County Highway Department also does not allow parking along this section of the County road. Page 5 of D) Approval of the use of an accessory structure such as a dock, without a principal structure would establish a negative precedent in dealing with a similar request for lots of similar size. 20. The neighbor to the In-ediate east of Tract F, the riparian portion of the property. alrea3y has a residential dock established on the property. 21. Approximately 2 to 3 years ago, staff met with Mr. Gustafson, the former owner of the property, to discuss the potential use of RLS #1216 and the lot referred to as Exception. Mr. Gustafson was advised that if all lots were combined that there was a potential for a buildable lot as it appeared that the lot referred to as Exception had appropriate lot width bu-c that a survey was necessary to make such a determination, in addi*.ion to the filing of the appropriate variance application. 22. It was unknown at that time by the reviewing staff, that the neighbor to the east not only encroached upon the Gustafson property with a dock, but had constructed a portion of a garage and constructed an access drive totally within t'.e Gustafson's property. 23. The City Council reviewed this application at their July 11, 1988 meeting and directed staff to draft a resoluti-n of denial of the lot area variance and further directed the City A__jrney to review whether the City had the legal right to deal with the approval of the use of the property for an accessory dock. Council further directed staff that upon resolve of the legal issue they would further deal with the matter of a reasonable use of the property that would now be deemed unbuildable. 24. The property can be put to a reasonable allowed use as the tracts can be combined with the adjacent properties that remain under the common ownership of the Gustafsons. 25. The applicants have failed to demonstrate by submitting additional information to support their request, outside of the original application, that would addres- the following concerns of the City: A) How will they achieve land arc,-,ss to the property and where will they park their cars? B) How will they protect the ck:.; and the boats and equipmant stored at the pocks? Page 6 of 7 C) As the current land owners, how are thr-y planning to deal with the neighbor who maintains a dock also on the property? And how do they plan to amend their application to include three separate land owners maintaining a dock slip on one tract of land? 26. The granting of the required variances would result in the following violations of Section 10.03, Subdivision 3 (A) o_ the zoi►ing code with which the applicants must first comply '-fore the requested variances can be granted: A) In review of the factual findings noted above, the City finds that the essential character of the neighborhood will be altered if a building permit is issued for this property. B) In review of the factual findings noted r.bove, the City finds that to establish a precedent that would allow severely substandard lots to be developed in complete conflict with the established environmental standards for lakeshore development within the City and to be determental to the public health, safety and welfare. The City also looks to the broader environmental principals and goals setforth in its Community Management Plan and the intent of the specific zoning district when dealing with matters related to the public health, safety and welfare. Issues involving the public health, safety and welfare are not only resolved in securing the obvious traffic and drainage concerns of su -rounding property owners, but the City must also provide its ri.tizens with a designated and approved optimum level of density, t- en space and quality of life. 7. Approval of an application that requires a 75% vuriance to lot area would establish a negative precedent in the future development of the LR-lC zoning district. The standards 3r.d intent of both the City Zoning Code and Community Management Plan would no longer have any effect if the City establishes a precedent of approving variances of this degree. Adopted by the City Council of the City of Orono this 22nd day of August, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grsbek, Mayor Page 7 of 7 TO: TJBarrett FROM: BKWhitney RE: Variance for DATE: July 19, 1988 MEMORANDUM I Private Dock on Unbuild ble I. Factual Background A landowner of an unbuildable lot in the City of Orono's LR-lC zoning district has constructed a private dock without a permit. The lot contains no structuLes. Unce, the City's zoning ordinance, a private dock is considered an "Accessory Use." The landowner seeks a variance, permitting the dock as an accessory uF;a wnether principal use or structure. The City questit-is whet-har it car, is.suP such a variance in light of Minnesota Stz as, section § 462.357 which states that a City "may not permit a variance any use that is not permitted under the ordinance .or property in the zone where the affected person'o land is located." Minn. St. -it. § 462.357, subd. 6(2) (1987). II. Legal Issu-- Does Minnesota Statues, section 462.357, subdivision 6(2) which prihibits "use" variances permit the City of Orono to grant a variance allowing an accessory use in the absence of a principal use? Iii. Conclusion The Minnesota statute does not L:rohibit granting a variance to permit an accessory use without a principal use because such a variance con:,citutes a "nonuse" variance rather than prohibited "use" variance. An accessory use is essentially a permitted use allowed only under certaic: conditions - i.e., the existence of a principal use. In thi.. way the accessory use operates like site development requirement.:, such as lot sire, density, and parking requirements. F.xcQl)tions to s-.te development requirements do not represen'_ prohibited use variances and instead are permissible noru— a variances. As a nonuse variance, this would not violate t_'. state law. Moreover, such a variance is consistent wifli the ooiicy distinction between use and nonu,:e variar�,- IV. Analysis A variance permits a person to use his property in a manner forbidden by a zoning ordinance. See ►lolasek v. Village_ of Medina, 226 B,W,2d 900 (Minn. 1975). The law distinguishes between so-called "use" variances from "area" or "nonuse" variances. One court has described the distinction as follows: A use variance is one that permits a use other than that prescribed by the zoning ordinance . . . . An area variance . . . is primarily a grant to erect, alter or use a structure of a permitted use in a manner other than that prescribed by . . . the zoning ordinance. Alumni Control Brd. v. City of Lincoln, 137 N.W.2d 800 (Neb. 1965). Generally an area variance allows a modification of site development requirements such as lot size, setback, height, etc. See D. Mandelker, Land Use Law p. 167-68 (1982). As stated above, Minnesota Statute, section 462.357, subdivision 6(2) prohibits use variances. The Minnesota Supreme Court has excluded "nonuse" variances from this prohibition and has permitted variances for site development requirements like area, density, and parking requirements. See Merriam Park Community Council, Inc.v. McDonough, 210 N.W.2d 416 (Minn. 1973). Thus, the issue in the instant case is whether the valiance sought would constitute a prohibited use variance or a permissible nonuse variance. Private docks are not separately listed as a "permitted use" in any zoning district. A preliminary review of the City zoning ordinances indicates that docks are only permitted as an "accessory use." See e.g., City Ord. §§ 10.23, subd. 5(A) (LR-1A zone), 10.24, subd. 4(A) (LR-lB zone), 10.25, subd. 5(A) (LR-1C zone). The ordinances are relatively clear that accessory uses are not allowed without a principal use. See e.g. City Ord. §§ 10.02(721) (accessory use is a use subordinate to the principal use . . . and exclusiiely used incidental to the principal use), 10.03, subd. 9 (no accessory structure shall be constructed prior to construction of the principal structure). To retain the dock, therefore, the landowner would have to obtain a variance from the restriction that disallows an accessory uses without a principal use. Such a variance does n prohibited by the statute. The any "rise that is not permitted" ordinance. in fact, docks are district, but only under certai be a principal structure or use docks as a "permitted accessory of constitute a use variance statute prohibits variances for under the pertinent zoning "permitted" in the n conditions -- i.e., there must The zoning ordinance describes use." City Ord. § 10.25, subd. 1. `. 5(A). In this way, the accessory use category operates not like a separate or different "use," but as more like a site development requirement that limits the conditions under which a permitted use may exist. As mire like an "area" variance, the relevant statute would not bar a variance. This interpretation accords with the policy underlying the prohibition of use variances. To allow use variances and permit proscribed uses would represent ad hoc amendments to the zoning ordinance and undermine the essential purpose and integrity of adopted land use controls. See D. Mandelker, Land Use Law P. 168 (1982). The City has, however, determined that docks constitute an appropriate use in the LR-lC district -- if there is a principal structure. To allow a dock without a principal structure would not undercut the integrity of LR-1C district as would, for example, allowing construction of a commercial or industrial building. Docks are no doubt common in the district. In short, the contemplated variance would not add a ne4; permitted use but only change the conditions under which a :emitted " accessory use could be built. The above analysis should not be interpreted to recommend whether, under these facts, the City should grant a variance. The memorandum only concludes that consideration of such a variance is not barred by state statute. 5077j CITY of ORONO Post Office br x 66*CrystaI Bay, Minnesota 55323• Mu:iiripal Offices On the North Shore of Lake Minnetonka CERTIFIED LETTER August 17, 1988 Mr. & Mrs. Ewald Gustafson 603 lake Street, Unit 109 Excelsior, MN 55331 Dear Mr. & Mrs. Gustafson: This letter is written to advise you that the Orono Council will take final action regarding the Merritt Peterson and Rick Stodola application that would ask for approval of a variance that would ailow their residential dock to remain on Tracts F & G of Registered Land Survey $1216, formerly owned by you, and now conceptually deemed an unbuildable lot by the Council. If you will remember Mr. Gustafson., you were advised by me a few years back to combine all of these parcels to create one potential buildable lot, but I have failed to hear anything from you on this matter. Since that time, you have sold off two of these parcels to Mr. Peterson and Mr. Stodola. During the review of their application, certain issues and questions have been raised regarding your properties. The first involves the already defined accessory use of a residential dock within Tract F by Glenn Tillotson. the issue of this dock has created certain difficulties in the review of the current owners' application. The City would like to know how and when Mr. Tillotson acquired the right to use Tract F in this manner and how was this right transferred to Mr. Tillotson when the property was sold to the current owners? Tt.a maintenance of a dock on a lot without a principal structure by Mr. Tillotson, is a violation of the zoning code of the City, specifically Section 10.03, Subdivision 9 (A) and Section 10.25, Subdivision 5 (A). The second issue involves your Llans for the remaining tracts of RLS #1216 and a parcel defined with a P.I.N. of 17-117-23 24 0003 that contains portions of Mr. Tillotson's garage and total driveway. It has been reported to the City that you have already divided portions off for sale to Mr. Tillotson. The City has no record of any lot line rearrangements involving the properties nor to my knowledge has there been a recent attempt on your part to file for such a subdivision application. Please be advised that any divisions that have not been approved by the City of Orono are also a violation of Charier 11 of the Municipal Code, the sWidivision regulations of the City. BUILDING & ZONING - 473.7357 • ADMINIS iRA110N & FINANCE - 473-7338 • K PH( N(1RKS - 473-7359 ASSESSING Mr. & Mrs. Ewald Gustafson August 17, 1988 Page 2 of 2 It is imperative that you make every attempt to appear before the Council so that you may assist Mr. Peterson and Mr. Stodola with their current request before the Council, as many of the issues surrounding the review of this application have remained unanswered and unresolved because of your absence. I am certain that Mr. Peterson and Mr. Stodola would appreciate your presence at the meeting. Please contact my office so I may confirm for the Council that you will appear at the August 22nd meeting. If I fail to hear from you, I have been directed by the Council to refer this matter to the City Attorney's office for further consideration. Sincerely, �- a . 17A .4at-'C' Jeanne A. Mabusth, Building & Zoning Administrator JAM/tln cc: Glenn Tillotson, 1875 Shadywood Road, Wayzata, MN 55391 Mark E. Bernhardson, City Administrator Mayor Grabek & Orono Council Members Tom Barrett, City Attorney F. ! LNG E, a fditx=� ells. f.0 G 2 1a: To: Planning Commission Chairman Kelley Orono Planning Commission Members City Pdministrator Bernhardscn From: Jeanne A. Mabusth, Building & zoning Administrator Date: July 13, 1988 Subject: ##1303 Allan and Shirley Rezabek, 1989 Fagerness Point Road - Variance - Public Hearing Zoning District - LR-1C Area = Approximately 20,291 s.f. or .46 acres - .5 required Pertinent Ordinances - Section 10.22, Subdivision 1 (B) Lakeshore setback variance required for the relocation of approximately 40' of a 6' high privacy fence resulting from judicial determination of the shared property line between the Allan Rezabek and Orville Fisher properties. Required = 0' Existing = 35; Proposed = 35' Variance = 40' or 53% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Certificate of Mailing Exhibit D - Plat Map Exhibit E - Stein Letter 6/15/88 Exhibit F - Order Determining Boundaries/Torrens Action Exhibit G - Rezabek Survey 10/14/85 Exhibit H - Fisher Survey Revised 12/11/87 to Show Shared Lot Vine as Judicially Determined Exhibit I - Staff Sketch Review of hpplication In a recent torrens action tha- judica1ly determined the shared lot line between the Rezabek and Fisher properties, approximately 60' of the existing stockade fence was found to encroach into the Fisher side of the lot line. Review Exhibit H. The most recent survey of that lot line, the fence location can be seen to be approximately 1' to 1/2' into the Fisher property, for approximately 50' to 601. '.he total fence measures approximately 130' along the south lot line of the Rezabeks property. The section of fence involved in the controversy is located at the east side of the fencing, Review the staff sketch, Exhibit I. Approximately 70' moving eastward from the west shoreline of Lake Minnetonka appears to be located within the Rezabeks side of the property. As you move eastward, approximately 60' is shown to encroach into the Fisher property. Mr. Rezabek attempted to relocate 13' of the east side of the fencing, but was stopped by the Orono staff and advised that a variance to lakeshore setback was required to relocate the fence. Mr. Fisher has Zoning File #1303 Page 2 of 3 removed approximately 40' of fencing. Staff requested that Mr. Fisher give the Rezabeks the section of fencing removed until this matter was resolved. It is staffs understanding that the Fishers are opposed to the relocating of the subject fencing within Mr. Rezabeks lot lines. In early discussions with Mr. Fisher, ,;hen Mr. Fisher assumed that the fencing was located within his lot line, there was discussion about the installation of the new fencing and staff advised that variances would be required. Unfortunately Mr. Rezabek was nor aware that to relocate the 6' high privacy fence required variance approval also. Once again, please review Exhibit I. Note that 20' of the disputed section of fencing is located out. of the 75' setback area and can be relocated within Rezabeks side lot line. 40' is located within the lakeshore protected area, requiring the necessary setback variances. As Mr. Rezabek advised, 13' has already been reinstalled within his property lines. The applicant does not plan to install a new fence, he seeks only permission to reinstall the fencing that had existed on what he thought was within his property when he purchased his home. Review Exhibit E. Applicant's attorney has already stated that the judicial determinations of the torrence action made no claim as to the ownership of the existing improvements that encroach the subject lot line, but it clearly would appear from an observation: of the property that the fencing was installed by the person who installed all of the fencing on the north and south lot lines of the Rezabek property. Once again, the application irvolves the relocation of 40' of fencing within the southeast yard of the Rezabek property located approximately 35' from the east shore line of Lake Minnetonka. Suggested Issues for Consideration 1. Are the circumstsrces surrounding the structure unique to this property or common throughout the City? 2. Does t..e location of the 40' of continuous privacy fencit.g create a hazard or present a hazard to the public health, safety, and welfare? 3. Has the applicant created the hardship within this case? Will approval of this variance be considered merely a convenience fur the applicant? How similar is this application to the applications filed as a result o" storm damage? 4. Does the fact that we are dealing with an existing fence and not installation of new fencinq have any bearing on -,�hese considerations? Alternatives of Action and Necessary Findings A. To deny the lakeshore setback variance ap i.cation of the applicants based on following findings: 1. Applicant has not demonstrated suff-�-_:,-nt hardships to warrant approval of the setback variance. 2. Negative precedent would be establi� -d in the review of future applications dealing with requests for St:-L,':ures within the lakeshore r,rotE meted area. Zoning File #1303 Page 3 of 3 B. To approve the lakeshore setback ariance application of the applicants based on the following findings and hardships: 1. The problem or hardship was not created by the applicant through poor maintenance or an act of nature, but resulted from a legal action that redefines the shared lot line. 2. The fence installation involves thc, reinstalling of an existing fence and does not involve new structure. The fence section will not encroach any closer to Lake Minnetonka then the fence did in its original location. 3. The location of the fence in the street yard does not present a hazard to the public health, safety or welfare. This body can not deal in aesthetic issues. 4. The circumstances surrounding this fence structure are unique to this property and are not common throughout the City. It is not a common occurance to have a lot line rearranged after properties have been developed with existing improvements. Approval should be conditioned on the following: The applicant is placed on notice that all fencing located within the lakeshore protected area is considered non -conforming structure and cannot be replaced with new fence sections without appropriate City approval. The applicant is encouraged to replace deteriorating fencing with natural screening in the future. Additional Comments and Planning Commission Recommendation - File #1303 August 17, 1988 Page 4 of 5 Additional Exhibits Exhibit J - Planning Commission Minutes 7/18/88 Exhibit K - Fisher Letter Dated 7/13/88 Submitted for Planning Commission Meeting of 7/18/88 Exhibit L - Revised Site Plan Showing Location of Fence in Relation to Rearranged Lot Line Please review the Planning Commission minutes of 7/18/88 (Exhibit J). In the denial resolution, the Planning Commission members failed to cite reasons for the denial of the application. Discussion did center around the concerns of Mr. Fisher, the property owner to the immediate south. The two major concerns addressed by the owner appeared to be a safety concern involving recent improvements of his property that would bring the parking turn -around area close to the lot line. Mr. Fisher is concerned that clacement of the 6' high fence may present a hazard to the children who Ilay behind the fence near the entrance to his property. The other concern appears to be an aesthetic concern and as the Planning Commission has been advised, this Commissions has no authority or basis for dealing with aesthetic matters. The Planning Commission failed to address the issues raised in the staff memo <<bove. In fact, the applicant questioned why the Planning Commission failed to address the pertinent issues raised by staff. Mr. Rezabek was present curing the meeting that reviewed the apt lication for the Scanlons that involved the replacement of lakeshore structures destroyed by the storm of last year. At that same meeting, the Planning Commission approved setback variances for parking and a pylon sign because of a lot line change due to County road improvements. The applicant has asked staff to distinguish between the findings of approval for the Scanlon and Super Value approvals in their variance applications. There appears to be no basis for denial on the part of the Planning Commission except for the issue of safety that can easily be resolved in the relocating of the fence on the Rezabek property - place the fence structure in line with the garage front on the Fisher prop-�rty. Please review Exhibit L, a revised site plan by staff showing the location of the fence in relation to the newly defined lot line. If you review both surveys of the Rezabek and Fisher properties, note that the fence is placed right on the newly defined lot line on one and along the east side it appears to encroach the Fisher property on the other for approximately 100'. In reality, the fence is located anywhere from a 1/2' to l' within. the Fisher side of the lot lire. If Mr. Rezabek is to be allowed to restore his fence on his side of the newly defined lot line, he will be seeking a lakeshore setback variance for his 6' high Frivacy fence. On the west side of the property, the fence is P—ated al.ptoximately lu' from the shoreline. The applicants would rcruire approval of a 65' or 87% setback variance. If the fence is proposer' t a straight line measured from the front line of the front qarage door:, of the Fisher residence, the fence would be located approximately 55' fr-: she east shoreline requiring a 20' or. 57% variance. Tre former fence w-.; located 35' from the east shoreline. Zoning File #1303 August 17, 1988 Page 5 of 5 Once again, the Planning Commission unanimously denied the variance application but failed to cite any necessary findings for the denial. Issues for Consideration - 1. Are the circumstances surrounding the structure unigLe to this proVerty or common throughout the City? 2. Has the applicant cleated the hardship with this case? 3. How si-nilar is this application to the applications filed as a result of storm damage?. . .Rearrangement of lot lines as a result of court actions or public improvements? 4. Does the fact that we are dealing with an existing fence and not installation of new fencing have any bearing on these considerations? Please contact staff if you have any questions concerning the materials submitted for this review or if members seek additional information. Council Action - To provide conceptual direction to staff so that they can prepare the appropriate resolution for Council action at their September 12th, 1988 meeting. Ma CITY OF ORONO - VARIANCE APPLICATYON ,••_ I " Application Fee $150.00 Initial pp ($50.00 per each additional variance)' f; Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ------------------------------------------------------------ PROPERTY LOCATION Site Address Ai,f9 Property Identification Number (P.I.D.) Please check one - Property abstract or � torrens7 Attach legal description to application if not included on -- required survey. -- APPLICANT -------------------------------Phone (home) 47Z ""�� �.'------- Z4, Name 1 J- R ti `1 V� 1 L i= j r= Z A3L �� Phone (work) Address: �l^A I. 1,?K;CS,S �7,�c�,City: �A/ Zip: a�I ----------------- y--- G ---------------------- -------------------- --- OWNER (if different than applicant) Phone (home) Name Phone (work)_ Address: City: Zip: Date Propert Acquired ` (month/year) I(do) (do not 'also own t1-- - adjacent ----- - parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) --------------------------------------------------------------------- r---- DESCRIPTION OF REQUEST E timated Const uct*oo Cost $�-� Describe request in etail: k - - - - - - - - - - - - - - - - - - - - - VARIANCES REQUIRED4� �! Lot Area Lot Width _ Hardcover Setback V riances ( Front Side Rear) Othert��c-i�t�wll=lt' L� t"x it T/N 4 S T/t of 7-'�'I'C;- HARDSHIP Describe undue har3ship or practical difficulty resulting from strict enforcement of zoning regulations: ---------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Fortn 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal. sized envelopes (N10) pre -addressed ;:o 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) it any changes in existing1 grade are proposed. 6. Plat M-p (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 ;terns Ea 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 provice all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of t'iic application, and certifies that the information supplied is tr e and correct to the best of his/her knowledge. ]&4j Applicant's Signature i. Date m4- ,I OWNERS SIGNATURE The owner hereby ackowledges and agrees '_o this application and further authorizes reasonable entry onto the pre- ,ty by City staff, consultants, agents, Commission members, and Council r-,..,-)ers for purposes of investiga- tion and verif icati n� f tt/ � i�que t / /4j hL Owner's Signature `` Date, ------------------ - ---- ----r---------, Applicant must have all submit als into . ---------- ------------------- _ity offices 25 days before the Planning Commission Meeting. Planning C.- ,sion Meetings are held on the third Monday of each month. Applicants. ..t be present at all scheduled review meetings of the Planning Commission :: I Council. If an applicant is unable to attend a schedu)ed meeting, ri c make arrangements to have an authorized agent attend in your place anc 'vise the Building 6 Zoning Office of this change prior to the meetir.. M1. . W Property Owners List for 1989 Fagerness Point Road - Application 11303, Allen Rezatek. 18-117-23 14 0003 James & Patricia Dongoske 1987 Fagerness Point Road Wayzata, MN 55391 18-117--23 14 0004 Alan Opheim 1985 Fagerness Point Road Wayzata, MN 55391 18-117-23 14 0005 Charles Christiansen 1981 Fagerness Point Road Wayzata, MN 55391 18-117-23 41 0001 Orville & Alexandra Fisher 1991 Fagerness Point Road Wayzata, MN 55391 G CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of 81303, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my nand and seal this 7th day of. July, 1988. Jame Bosma ME"OvE DD p t ' \ � , n � ,• �� , �• \�r "M,j�Re Ono •�.i i •y ApiDiv I I " r C(>D Of pgOf+'_� — --- — �\\ �y' ;� �c'y I[ S :...;...; 6., j •' rt. r+of. . 6O'. ". 'LCT 4 EP / N u t •� a 4 / t ALVIN I. FI \\ . 4 Ouwr S.WAn \ t, ri, NNEF4N GOUM T NAPOLDJ. SODS w3 ERG w0LLIN 7. WEST wOLAND O. GRA• ,+ ALSEAT r, ROSE. ,.0,'AS E. HARMS JAMES A. STEIN DARRELL 6. JOHNSON MARK P.MILLER WILLIAM 6.60RL.4ERS JEROME M.60DERVERG GAVID 0. RONALD .Ef A. MC.13ERSON LA��gIFI C E Sr Hsssw., M, & SODERbERG PEtorsss1 4gN41. Asxn.,� -Ann .. 4700 IDS ._ MINNE^POL15. MINNESOTA 55402 16121 330-3000 TELECOPIER416111 330-3060 Reply to Saint Paul Office June 15, 19N8 Mr. Allan Rezabek 1989 Fagerness Point Road Wayzata, MN 55391 ha: 1 .►ua cE .. usr�Ns .Isss-Ivsel r.uAI CC A. w[SSIAN,JA I1620•IP711 JOKN J..,.. S. L06- -.06, SAINT PAUL O«ICE 10,0 ,..0, ST TOWER SAINT PAWL.. I NNCSOTA 05102 Islet ii4.4s,1 WA S.INGTON, D. C. OP71:E SUITE 900, 1275 K STPECT N w WASHINGTON, S 12021 s4e-30G. ?24-491 WRITER'S DIRECT LINE Re: Order of January 21, 1988 Relating to ':he �.stablishment of Judicial Boundaries Dear Mr. Rezabek: At your request I have reviewed the Order of the Court in this matter dated January 21, 1988. As you knov, the Order issued the Court on that date related solely to the establisnmenC judicial boundaries. As you may recall, the Fishers exprr. withdrew any objection or opposition thE; ral -o the estab.. :nt of the specific judicial boundar:,s orderA !,, the Court. There is absolutely nothing in '-he Court's Order which either exprs�ssly or implie�ly states the roachments, such as a fence, becainc the property of the party ie property the oi.-_:;r--- nmen.ts were locet,ed. ThetE. the- f^re nothing in the Couct's Order which in any wav authorize 311ows the a't tearing down or any encr- achments by the - s^ers, I hope this clarifies th KI :ate-,itp o` It .a Court's Order herein. Should you be ; n r Cher information conceµ-ning this matter, pl. sitate to let me know. r. truly yours, McKASY J m s A. FFrein, JAS:wm SODF73ERG L ANC ICES + � it-: HESSIAN, MCKAsy & SODERBERG t NAROLD J.SOOER,ER6 PROPSSSIONAL ASSOCIATION MAUR�cc A.NEssIAN.sR,Ilses-ISfsl R OLLIN . WEST MAU RIC[ A.N[S51A N.JR.IIB20.1f 11� ROLANO O.ORANAM 4700 108 CENTER JO NN J. Y'ItA3 TA.06"14Pf 61 A 66[RT P. KOSEK MINNEAPOLIS, MINNESOTA 68402 SAINT PAUL OFFICE T MOMAS E. HARMS IO10 AMNOIST TOw[R JAML;S ^.STEIN 16,21 330 -30 00 SAINT PAVL.MINN[SOTA SSIO2 OARRE'.. 6.00N1501 16.2; 22-91, MARK R. MILLER TELEGOv ER:16121330-3060 WILLIAM f.60RCMER WASNINOTON. O.C. OFFICE J [ROM( M. fODCRBERG fVITC 600, 12f6 F :TR([T w. w. wASNINGTON.O. C.2000f DAVID 0.RONALO .7a n�iary 25, 1988 120216.2-3000 LEE A. MENDERSON 330-3004 WRITERS DIRECT LINE Mr. Allan Rezabek 1989 Fagerness Point Road Wayzata, MN SS391 Re: Boundary Line Registration Our File No. S.1024-0001 Dear Mr. Rezabek: Enclosed please find a copy of the Order Determining Boundaries which was filed with the Registrar of Titles on January 21st together with a certified copy of the latest survey showing the location of the judicial monuments. The Registrar of Titles has the Ownerq Durlicata Certificate of lAtle, and I have requested him to update the duplicate to show all of the filings on the original. It would be advisab. for you to file your Contract for Deed a. th the RegistrP 'F T 's. If you have . aestions, pleata call. RFi• ' 670 Ent. CC: James A. Stein, Esq. Iv Very truly yours, HES"iAN, McKASY & SODERBERG 114 Rollin F. West ,.N PROCEEDINGS SUBSEQUENT T L REGISTRATION OF LAND A-21759 STATE OF N[INNESOTA DISTRICT COURT COUNTY OF HENNEPIN F11URT JUDICIAL DISTRICT In the matter of the Petition of ) DAVID A. NITZ and KAREN O. NITZ, j JAN 211988 ORDER 1!E N. CO. DIST. ¢T. For an Order Determining Boundaries. ) r rX 8Y 1, / rd The above -entitled matter came on for hearing on the z3 day of January, 1988, at Room A-702 of the Hennepin County Government Center in the City of Minneapolis, said County and State, before the Deputy Examiner of Titles to whom said matter has been duly referred pursuant to M.S.A. Section 508.13, to hear the evidence in said cause and report his conclusions therefrom, and who has filed his Report herein; a- ' "-a Court having duly considered the Petition, the evidence adduced by the petitioner and the Report or Reports of the Examiner, finds: 1. That the petitioners are now the registered owners of lands in Certificate of Title No. 478277 entered the 28th day of June, 1972, for lands described as follows: That part of Lot 1, Fagerness, including accretions thereto, and that part of Lot 26, Fagerness, including accretions thereto, all described as commencing at the most Southerly corner of Lot 2, Fagerness; thence Southeasterly 50 feet along the extension of the Southwester Iv line of said Lot 2; thence deflecting to the right 65 degrees 46 minutes a distance of 77.66 feet to the actual point , of beginning; laid last -described line hereinafter to be referred to as line "A"; thence deflecting to the left 90 degrees to the shore of Laka Minnetonka; thence Northerly along said sho— 'o its intersec- tion with the Southeasterly extension of the Sout-westerly line of ` said Lot 2; thence Northwesterly along said extension and along said Southwesterly line to a point thereon distant 65 feet North- westerly from the most Southerly corner of said Lot 2; thence Westeriy deflecting to the left 24 degrees to `ie shore of Lake Minnete:.ka thence Southerly along said short o its intersection with a line drawn Westerly at a right angle to said ILne "A" from the actual point of beginning; thence East to the actual point of beginning. FiEE PAID 1988 on of n"M A J 2. That on the 8th day of December, 1987, there was filed ,in t�e lt�oeeedings L� :1 herein, an Interlocutory Order Determining Boundaries in which Merila do Associates, Inc. was directed to mark the Northerly and Southerly boundary lines of the premises described in said Certificate of Title by placing Judicial Landmarks and said Order further directed said surveyor to file a plat of said survey showing the location of each of said Judicial Landmarks, certified as to the location thereof. 3. That on the 6th day of January, 1988, such a Certificate of Survey was filed herein wherein said surveyor certified that on the 21st day of December, 1987, he placed said Judicial Landmarks as shown on said survey in accordance with the directive in said Interlocutory Order. 4. That on the 2nd day of July, 1986, there was filed on said Certificate of Title a memorial of Document No. 1736083 which is a certified copy of the Petition on file in this proceedings. 5. That the Northerly boundary of the above -described land also constitutes the Southerly boundary of the lard described in Certificate of Title No. 671812. NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. Thi. *. the Registrar of Titles, upon the filing with him of a certified copy of this Order and upon the filing of a certified copy of the Certificate of Survey on file herein showing the placement and location of the Judicial Landmarks on Decemt�er 21, 1987, show by memorial on said Certificate of Title No.478277 that the Northerly and Southerly boundary lines of the premises described in said Certificate have been marked by Judicial Landmarks and that in future Ccrtificates of Title for the land described in said Certificate, the Registrar of Titles omit the memorial of Document No. 1736083 and the memorial of this Order, but that the Registrar of Titles shall carry forward as ri memorial on said future Certificates of Title the certified copy of the Certificate of Survey whi h is filed with this Order, and snall carry in the body of s, :d future Certificate of Title as part of the legal desc-i-ion, the following language: The Northerly and Southerly boundary lines of thc_ r::)uve- described land have been marked by Judicial La,t :arks set pursuant to Torrens Case No. A-21759. 2. That the Registrar of Titles shall receive for ing on Certificate of Title No. 671812 a certified copy of s Order and shall show by memorial upon said Certificate hat the - 2 - Southerly boundary of the land described in Certificate of Title No. 671812 has been marked by Judicial Landmarks set pursuant to Torrens Case No. A-21759, as shown on Certificate of Survey Documet. _ No. (here insert the document number of the certified copy of the Certificate of Survey made by Merila do Associates, Inc. dated December 21, 1987). Dated: =.,�•. �� t� , , 1 , 1-1 d A) u The The for faata were found by me after due hearfnp and 00 entry of " Order is woornT6n JUSTIN T. HOLL JA. / Do" Examiner of Titles `Date c - 3 - JUDGE of Lot 'Z F l Most 5oufherly corRe r of ,Lot Z \� - ' 50,wMerly line \ of Loft ex fended 50ulheo5tcrly 6` LFZ« /3or.t J MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 CRYSTAL BAY ROAD IMPROVEMENT -CONTINUED Kelley stated that this was the first time since this matter has come to his attention, even though it has been a live issue for a year. Hanson asked whether the group of neighbors had a plan for an alternative access to their properties, and if a homeowner's association existed to take responsibility for the road. Hanson noted that apparently there is none, as the City has been plowing the road. Mr. Schupp stated that he had met several times with Public Works Director Gerhardson and finally wrote a letter to the Mayor which is why this matter was now before the Planning Commission. He asked for direction from the Planning Commission to get this matter resolved. Mabusth told Mr. Schupp to contact her. Mr. Kelley asked Mabusth who would fund this. Mabusth stated that the City is proceeding with this as a City project. It was moved by Cohen, seconded by Kelley, to table the matter until the residents could work with the City to wort up a proposal to bring back in front of the Planning Commission. Motion, Ayes=7, Nay=O, Motion passed. ✓11303 ALLAN REZABEK 1989 EAGERNESS POINT ROAD VARIANCE PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Mr. Rezabek and Mr. Fisher were both present for this matter. Zoning Administrator Mabusth stated that she was using Mr. F_sher's survey for the presentation of this matter. Kelley asked if Mr. Rezahe agreed with the use of this survey. Mabusth visited the site in question to determine where the 6esignated lot line was in conjunction with the location of the fence. It was established that the reason for the fence being located 1/2 foot to a foot on the Fisher property was due to a recent torrens action where the Courts determined the location of the shared to line. Judicial markers have been placed, indicating the actual lot line. In so doing, it was determined that the Rezabek fence encroached on the Fisher property 12" on the west side and 6" on the east side. Mr. Rezabek explainee, the situation and stated that he would like the fence that wag torn down restored on his property and would like to move that portion o the fence still on the Fisher property to his proper�y. Mr. Kelley explained that the job of cite Planning Commission is tG approve or deny the variance to relc.cate the existing fence and allow that portion that was torn down to be installed on Re7abek's side of the lot line. Mr. Rezabek expressed his displeasure with the City in that they did not inform him of the need of a variance to move the fence. The existing Ordinance states that there cannot be a fence of any kind within 75' of the Lake. In light Df the urdi.nance, Mr. Rezabek wcv.ld only be permitter' tc install approximately 20' of the fence since that it the amount of property that does not lie within the protected lakeshore set'-)-+ck area. Mr. Kelley asked for the hardship in this cese. Mr. Rezabek stated that the hardship was that the fence existed at t1li- t1rse he purchased the MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1303 ALLAN REZABEK-CONTINUED property and was a factor in his decision to puichase the property. Mr. Fisher stated that when the judicial markers were placed it was the first time they realized ti,at the fence was on their property. The Fishers have just finished a remodeling project that added on a storage shed and garage that brought the driveway down along the property line. They spent a considerable amount of money for landscaping and feel that the fence detracts from that. Is is their opinion that the fence creates a safety hazard as it creates a blind intersection; All in all the fence is an eyesore and a safety hazard and should not be reinstalled. Mr. Rezabek stated that he is in the process of selling their house: and they have had several realtors and perspective buyers view the property. No one has indicated that: they dislike the fence, to the-. contrary, they have had some compliments on the landscaping which was done, to compliment the fence. He does not believe the fence is a safety issue. Commissioner Kelley asked Mr. Fisher as to his preference for the fence up or down. Mr. Fisher responded he would like it down. When asked re would be moving, Mr. Rezabek stated he would, if the house sells, and added he would like to sell the house with the fence. Commissioner Brown, asked for clarification on the safety issue. It was moved by Mr. Cohen, seconded by M=. Kelley, to deny the- lakeshore setback variance application. Motion, Ayes=7, Nays=O, Motions passed. #1304 RICHARD BLOOMQUIST/RICR'S SUPER VALU 3333 SHORELINE DRIArE VARIANCES PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was not present for this matter. Kelley stater' that the Planning Commission is looking to approve a street setback fo : a pylon sign due to the County Road 15 construction, The additional richt-or-way is being taken by the County. Kelley inquired as to whether there w�7: ld he a guardrail betwe�>. the road sign and the roadway. Mabusth rep'.ied that there is a 4' to " cement pathway and z bouieN -rd about 4' to ", all in all approxin,at 10' of improvements. There w. 1 1 a 1 so be a '_ - ,'2' curb that wi 1 1 border entire area and wi 1 4" take the overhang of tl,_ :ar bumpers. Kelley reiterated t 20' is the required s-ttack for parking and thq Applicant was request :. 01. Mabusth stated that:. has been a procedure to grant 10' street setbac'.-•,,ariances for parking in tier. Navarre area. It was moved by seconded by Moos, _e rF,commend approval of #1304 for a sign variz. it 7' and a street set.,acl f 20'. Mabusth adder that if the Applicant etnning on instal ling " : ew sign, he can only do so upon approval of t' This language w.Zs i. :c. uded in the Motion Motion, Ayes=7, Nays-'_"'. passed. 7 01tvil.1.1: 1;. FiS111:14 .lei. VrruRN'liY AT LAN' is �.,crn�,xc ciao-:1�•il Vt :A (l()Uli 012 July 13, 1988 City of Orono P.O. Box 66 Crystal Bay, MN 55323 Attention: Mr. Michael P. Gaffron nno1 NoRMAN GYNTER MINNHAr•c LIS, Atv. t9.3411371 lid Dear Mr. Gaffron: I am not sure whether I will be able to attend the Planning Commission meeting on July 18, 1988. This letter is written, however, in objection to the request by Allan and Shirley Rezabek for a lakeshore setback variance which would allow them to con- struct a privacy fence between our two properties. My reasons are as follows: 1. There has been for a long time an old dilapidated unat- tract;-ve fence existing between our properties which at all times has been located entirely on my property. I had a portion of this fence removed approximately a month ago. At the time of its removal most of the fence posts were rotten, many of the wooden slats were broken, cracked or loose, and the fence could not be properly straightened without re- placement of some of its structure. 2. The existing fence was a neighborhood t -, sore. Appraisers who have appraised our property for refinancing purposes as well as real estate appraisers had all advised us that the fence was a clear detraction to the entrance to our proper`_ and reduced the market value of our home. 3. One of the more important reasons for removing a portion of the fence was to eliminate a potentially dangerous situation since our new driveway would closely abut the south side of the fence and cars backing out of our garage down the driveway would be hidden by the fence causing a blind corner where neither driver nor pedestrians coming up our driveway could see the moving vehicle until it -tersected with the approach. We have many young small ch�_lc:iren in our neighborhood, running, riding bikes, etc. up and down our driveway who could be endangered. Page 2 4. I have just completed a major remodeling project including a significant monetary investment in attractively landscaping the area where the proposed fence would be located. The proposed fence would destroy the value and beauty, as well as purpose of the landscaping I have just installed. The view of the lake would be eliminated for people who would approach our property. 5. At the present time there exists on my property the remain- der of the fence which runs approximately 50 feet from the east shoreline to near the west shoreline on the other side of the lot. For the Rezabeks to construct a new :ence on their property would either require it to stop and stand separately isolated or I would have to consent to have our two fences connected by a jogging bridging device crossing the property lines. This would make the fence even more unattractive than the previous eyesore. 6. Bachman's, our landscarir, has indicated that the recon- struction of the fen^e on Mr. Rezabek's property down to where my driveway easement crosses his property would exacerbate the water runoff problem (inappropriate drainage) onto the easement road caused by the polyurethane plastic underlayment used under the Rezabek's landscaping by in- creasing and channeling more of the water runoff onto the approach driveway where it stands and does not drain off. 7. I understand that the Rezabeks have contracted to s— their house with a closing date within the next 30-60 days. I see no long-term continuing personal interest in their desire to build a 5'-6' privacy fence separating these two pieces of property. In conclusion, I see no overriding compelling reasons that would overwhelm these very significant and serious objections that would warrant the granting of a 5'-6' high privacy fence along my property line near the lakeshore. Further, it is my opinion that the granting of this variance would be detrimental to the safety and general welfare of the neighborhood, tLat it would depreciate surrounding property values and that it would not be keeping with the intent and objectives of tre zoning code of the city. Your truly, Orville E. Fisher, Jr. OEF/jo • o� �o.fy i _ �� `� Lip c A f/ i •� Ze l3� y7. oW oti • ee k o w t ^OL 7-1 � p � p � L� ` �• • /'Yvaf � � �c ' Pr�sorr�! C c. L✓. t W \ �3.n �• � P�•i r.,IO�ic� foA t r CREr . vE t ' • � 1 �.1 i 4/004 J�tI1' 9.8 h Loc�eo F-AA,I.t,� �. S i D CA` t _ e 7►— ZINC survey of L0G4,fe0 -ro risk/o� to fo 1 lowi nc, or- L,07- `,"d �xcApt that part RK 1s s,o•e o� Lo-r4,E,,,. - fo 1 lows : Commencing '" other l y l i ne o f Lo t 2, `use w.,j 5F h4s!°.e°= Southeasterly which =FAN« 4f"'t,oAJ w,*o,s' j+r�acK o. 'e.Nc.e 4n�„��•��� �ir(r •, 1 Yip 11) 1:] 2 2 I`i, TO: Mayor Grabek, Council Members, City Administrator Bernhardson FR011: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: Augus+- 17, 1988 SUH.l: #1314 Gerald & Candace Rowlette, 3775 Bayside Road - Variance - Resolution Application: Street setback variance to construct 4.51 x 12' sunroom addition. Zoning l,R-lA, 2 acre - unsewered. List of Exhibits: Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action Dated 8-17-88 Exhibit C - Memo & Exhibits of. August 8, 1988 Discussion Please review the memo and exhibits of August 8, 1988. Applicants are requesting a street setback variance to allow construction of a glass - enclosed sunroom within an existing indentation of their house , which is 19' from the street right-oi-way where a 50' setback is normally required. This sunroom will extend no further towards the street than *he existing house that surrounds it. A variance was granted to the Rowlettes in 1976 -o add the currently existing garage and room addition. One of the -onditions of that 1976 at-prova 1 was removal of the 20' x 20' concrete p o on the lak 9e of the house. That patio was never removed. Planning _immission as na of their recommendation for approval is recommending that the southerly 10' x 20' section of that patio be removed prior to issuance cf a building permit for the sunroom. The applicant's have •reed that this '.s acceptable to them. they wish to keep the northerly ' x 20' sectio-A due to winter ice problems with their upper deck acces_ oor. Staff Recomendation Staff recommends apt; i1 of a street setback variance to allow a sunroom to be constructed i rom the street right-of-way and a hardcover variance for Gerald & Candace Rowlette, :775 Bayside Road, conditioned upon removal of the southerly 10' r 20' portion of concrete patio on the lakeside on the house, prior to issuance nf a building permit for the sunroom. A resoluti(m is attached for Council review. A RESOLUTION GRANTING A VARIANrp TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) A -- SECTION 10.22, SUBDIVISION 2 PILE #1314 WHEREAS, Gerald & Candace Rowlette (hereinafter "the applicants") are the owners of the property located at 3775 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Sui;a-.vision 6 (B) to permit the construction of a sunroom addition to the existing residence, to be located 19' from the street lot line where a 50' stree _ yard setback is normally required, and a variance to Section 10.22, Subdivision 2 to allow additional structural hardcover on the property where a significzrt portion of existing hardcover is in the 0-'5' iakeshore setback zone where no hardcov»r is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1 This application was reviewed as Zoning File ##1314. 2. The property is located in t s LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 1' 19P8 and recommende3 approval of proposed variance based upon t Fillowi_ng findings: A) The proposed sunroom will extend no closer to the street thar the wing walls ank' roof line of the existing house, k.ut will merely fill in an existinc, indentation in the house. B) The area wt- p the sunroom will be constructed is all hardcovered by _._,;orativ, rc,.:k bed with p_a�tic sheeting underneath. C) The proposed sunroom addi.t ion will n-,t have a- y significant effect on the character of the neighborhoor nor will it encroach upon any neighboring views of the lake. Page 1 of 4 D) The applicants were granted a variance in 1976 to con.stracr_ major additions to the house, which were ap- ved at that time conditioned upon removal of a 20'x20' concrete patio on the lakeshore side of the house. That patio has never been removed. The applicants' hardship in need'.ng that patio or a portion of it -elates to ice build-up and winter access to the house in conjunction with his existing wooden deck. The existing concrete slab is in two separe a units, and the southerly 10'x20' portion can easily be removed without causing damage to the remaining portion. This will result in a 200 n.f. reduction in hardcover in the 0-75' zone. E) Although the total hardcover on the prop _arty is less square footage than would be allowed v ` hin the 75-250' zone, the fact that a significant portion of th hardcover is in the 0-75' zone is ample justification for reduction of 0-75' hardcover, especially in this case where that hardcover was previously required to be removed. 4. The City Council has consi 3ered this app licai an including th" findings and recommendations of the Planninu ^ommission, reports by City staff, comments by the applicants and the effect of *lie propused variance on the health, safety and welf. i . of the commun-ity. 5. The ity Council fin:'s that conditions existing on this property are peculiar to and Q .,ot apply generally to other property in this zonl;-g dish -t; that granting the variance wou`J not ad---rsely affect traffic cond.- ons, ligh�, air nor pose a fire hazard or )thee danger to neiqhboring ,-operty; would not merely serv? as a con,,,4nience tc. the applicants, but is necessary -o alleviate a demon- strable hardship or difficulty; is necessary to :reserve a substantial F -operty right of the applicants; arA wou l :3 L ii. ep ing with 0- e irit and intent of the Zoning Coda and Comprahe. ve Plan of t city. CONCLUSIONS, ORDER AND CMA;A-TTONS Based upon one or more Jf the findings noted above, the Urano c:.ty ::ouncil hereby gra:,t:s a variance I.er Mun" cipal Zoning '"e- Sectior. 10.23, P• :division 6 (B) to perm--. the constructio^ of a sunrojaa addition located i'.,- from the street 'o.. _ One where a 50 street yard setback i normally required, and Grants a variance to Section 10.22, Subdivision 2 t(. allow additional structural hardcover on the property when a s'gr.ificent portion of the existing har-1cover is in tr, 0-75' lakesho_e sets ze�-.e, r,rbject to the follo •ing conditions f a, . - of 4 1. The applicants shall remove the southerly 10'x20' portion of the concrete patio in the 0-75' lakeshore setback zone, and no building permit for the sunroom shall be issued until the concrete patio section has been removed. 2. Hardcover on the property is allowed as follows (in 0-75' and 75- 250' zones): Existing House = 1,509 s.f. Existing Attached Garage = 552 s.f. Existing Driveway = 552 s.f. North 1/2 of Existing Patio = 200 s.f. Existing Deck = 457 s.f. Existing walkways 6 Rock Beds t"nderlain by Plastic = 615 s.f. Sun Room Addition =_ (over exis' 1 hardcover) --- ------------- TOTAL 3,885 s.f. (per Exhibit P., attached) The applicants are advised that the maximum allowable hardcover on the property is 4,850 s.f., and that no additional hardcover will be allowed in the 0-75' lakeshore setback zone. 3. Authorities granted with this resolution run with the property not with the applicants, but are permisLive 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 (August 22, 1989). 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 22nd day of August, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 3 of 4 Certifientoo of Survey: h2mbf #;ertl'fY that VAs Is P tru r remenentr-Airm cf % sr-rrny of U-13 tv-mn N-1-r. oP (A) Its, 56, 7# 9, 13, 15- 1F .9, 2C. -1, .2. 23, %nd 24, C t T-ov 1 '_ I-C on Vinnitouku, :4C&e t.,It c_-, - I-x .n! -arnllel wiO: n or a lin--! ow- nca 30 !­t ?­-.-urn.6 nt rl -h- 4—ov P; lira r-Ls: 7,c oi* t", j(iiti e.mt at;.arter of tl-m ftrtl.-w -zFt of Jce­ mrn 5, n,%m;tii-i 117 ':crt. 23 *.at or I..:! "th -Irinci- -tlrni v-?, lin,:: rf jolltt.A-St :pn-ter of the "orth,_--!iA 1 Ir. --t a 0' !)34 �,.et; rie-tt 4E de es m eictance. c' C• .1f) �C:�'- to t , -1oln', of' ''0.inr.inr c!Ai -!no th `are doflic tink7 lift 83 derreeI'o •` e 301't orly b�- extent c!' the :�Aict lino of sail !,c* 15, ind sn1d "-ine 0" there endin;*; 71,At -mrt of *.-m-nie an,! Str-p+ -is delic-!t~ cn the il!j cof ittr-ri'Lle or bike -1f!3^rib-3 as �Je :,Lj1o;iz. ►nrimencim: it -h- 'ort'e-!.�t r-rj-n-_-r rf t'n "cr_t*,--..-... 1 ;-tRr1:r c' .3,zatiz-n Tcvnz:il: 117 27' s+ or t`e It i-rinci-ftl Ecrl�;U.n; '.hencexlutli nlonr theFn5t Un..; of _s44 ni-artoer a diet.-.r.cp- or 14-C.28 fc-!..; thanee def I � -tirg I- ft F,. degmes 30 rinut-r a el., *Are- or feet tc t1r.? x1n+ c4' 1*,•­1rW nj. of -t line hero-riftnr rt--ferred to z-- r t n;-. - r t -'i', ":A ne V ; t"-:rre dftf1,!c4.1r rjVjt JEW cr 1N) feet; th-n e -Aorf- R to t1­ W't having 'I r­i1%-. rf ';(C '-�.it and rentrm;. unrie of ;Z dc.-:r-cts 3'_ :-_jru1.c:i is distnree of ime z te r lv tangent tr said nmve a distrinc- c' W2.5 tvmneom :-lar';- -. t.%ncrr'J-v1 curve to the left 1-mviner a rad-Aus of 30C feet :&r_i cent.r.-I uncle c!' 45 dt-Fre#,-r, Pi ritctirre o!' 23,.h feet; t!--.ree 3oiiti.,esterly tonf'ert. Zo iael_s.ljd curve to a 3oftt on V-i i.;.-t te..-, _�outh--F-t rurart--r of -mid tzcr-�'-mst _unr-or of 7-:ction 5, and B.-Aid "Line All L.-.ere endAng, :,-!nf- th-, '..Tint rr ht-.F'!-.TArj- of U.0 cn ibke a ':.xrern Strect in said lit of (ttov� L te r .0 its IV section W,n the T:crt1,wrLv. nxtx­�!Arm of' ". -nce ;outn--r_'y i1onF !"it! *.ort -rl.-- Pct­rsion to t.!-,3 lizic of sr -id il*­3 View Avenue; thence :.;cuth- wastarLy gi ionr sale: iouU orl%- lin-2 cf* Ln'," *11-1w xtren,v. to the ::,tct- li:- Street; thence South a,.c.r,, said t-;Rst r iiem men ared at 1. ht a a, line of Lake S'.r-et. Itc, I'z Jnt-rL;cct1'-n uitl� -j line erawr mra:lel with %nO 310 ;.!o t . sterl s, ngl! a lin-i ­_-n-ln.ftar r­_err-d to ns "-Ine 5", snid 11,.imo viesrr4t)-d ris !'0110',is: --t lir I Cumrcr-int -it tortnv­!ct r­mur c' s-At; r!;!Ot .-.jLjL-rtir o^ tie q,_arter; ti.mt�- icuth flIcn- 'a,�;-5 or onid .3out:�nnt -mn­tc!r of the ;orth-.vct cojart— a dirt-ncp of' U.vnre -.e'Lertinr right 48 lemmes si itstsil-re of -.4c foot to t1le "W-In" of, "erinnini, of S-Ad r:.ine B"; left 83 derrees to t;aid East li-w 0'* 3treet, nrr! zai - "Mn-: T* there nming, e_deccri�.,eci property Knrtnuvst-riv xlons� jirr�"Ljpl 'I-ir.., -a its intorrseetJor- -.:it.h ;..,:,at Un- cf 4,in �joutheist qliarter of the 1:10 rth- ­ -.*at quarter; thenc- North lilonor :mid *-.4-it LIAo to tile noint o' berinrJrqo, UU.n that mrt of' zvi�ic aoc !!crt1,nr1-.- or a line 3_'• feet Sout)-.-.!rly (if, monsure(I at right anrles to nnd parnllf-I with, said "Line A% T%At --art of the Borth-lFt aurlrtc.:- of the ;ou'-'-.west ,%nrtor of tte 1;ol,t�ovast quarter of :;octior. 5, 117 North, Fanjo 23 1613t of ",- 5th Prinrirx-.1 Wri,.ian, lrinf, :icut.heAuterly 0' n line, 'mrain-ifter referreQ' ", -is PUM, A", and :*crth- e%rtarl,i o'* a ling hareinaftor to in ":jm n", ". it "'.InR A" anf- "Line 11" beinr dpscribp^ of frl1Owf-,: -!5rce Comelicin., at U,.fv horthesnt rcrner or said i.orthenat quRrtar or tj,* ;southwestV :A onthuest quarter of the lk-rthwewiarter; -'elit'! alm? the Fist jjnA of Emir:Wortherst cuarter of the Southwest qw.rter of the !'Orthwest %jusirter A disto.nc--, of 234 feet to t-e ooint oe he,-innInr r' spin' "i.*np A"; thence dpr1nrt-*nj- right 48 degreen a di-Annee ofUICfee t t_t in , -nd said '&'.1ne A" t:mre en-Jing, sat-1 roint Vein,! the -*Jnt o" beginninr of said "Line BO; thence tieflectInC. lift 83 deCrees zo said :;not line, and said ''Line R" tiers crvl-nr, ZW,&,'T Wet port thereof 1.yinr sou!awasterly of & line drawn oural.1-A with and 30 feet Northeastarlyt meazi-red at right atwles, from set,' "Line R", --u*rjnct to an e.x!5t1nr ens --men' -':-- r­n,; pt:r.km-iu, 9 . PAC-L-)(X;%Jf-vQ- 8.1 x Y2.3 = ��� 7 S L c. 4AA< 24Y x z �.: z 3 xzy = s2 tl:•CK `X�C. Lf :i 8�3V Z s:.A..ctr ►A cF • r . ZONING FILE NO. 1314 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 8-17-88 --------------------------------------------------------------------------- TO: Gerald & Candace Rowlette COPIES TO: 3775 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: Variance ----------------------------•------------------------------ DATE OF MEETING: 8-15-88 VOTE: 6 For 0 Against Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: Approval of setback variance for glass -enclosed sunroom is conditioned upon removal of south half of 20'x20' concrete slab, resulting in a 200 s.f. red,Yction in hardcover in the 0-75' zone, prior to issuance of building permit for the sunroom. Applicant's next scheduled meeting is confirmed as: City Council August 22, 1988; meeting starts at 7:00p.m. If you desire certified copies of the official Planning Commission minutes, then are available from the City Recorder after review and approval by th.- Planning Commission. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Press Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 8, 1988 Subject: 41314 Gerald i Candace Rowlette, 3775 Bayside Road - Variance - Public Hearing Application - Street setback variance to construct 4.5' x 12' sunroom addition. Zoning District - LR-lA, 2-acre, unsewered List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey With Staff Notations Exhibit E - Plans i Elevations Showing Proposed Location of Sunroom Exhibit F - Documentation From 1976 Variance Approval Pertinent Facts - 1. Street Setback: Required - 50' Existing - 21' (at addition location) At Addition Site: Proposed - 19' Variance - 31' or Z �� 2. The proposed sunroom "fills in" an existing indentation in the north wall of the house. 3. Hardcover: Total Existing Hardcover - 4,085 s.f. Total Hardcover Allowed on Property - 4,850 s.f. (25% of 75-25U' zone) Proposed Changes: •o Change Proposed - Sunroom is over existing rock and plastic. 4. Note that the 1976 variance approval to add garage, rooms, and deck partially in the 0-75' zone was conditioned upon removal of 20'x20' concrete patio. That patio has never been removed. Zoning File #1314 August 8, 1988 Page 2 of 2 Discussion - The westerly portion of this house was originally constructed in 1969. In 1976, the Rowlettes requested and were granted variances to allow construction of room additions, an attached garage, and a new deck. The origin&l house was constructed partially in the 0-75' zone prior to the 75, setback requirement adopted in 1975. In exchange for variance approval to allow the room, garage, and deck additions in 1976, the applicants were required to remove a 201x20' concrete patio located about 40' from the shoreline. This patio has never been removed. Because the existing house is constructed with "wing -wall" extensions about 2' out from the house, with overhangs, the proposed sunroom will not appear to extend any closer to the road than the existing house, as can be seen from the plans submitted. There would not appear to be any significant impacts on the character of the neighborhood, and no light, air or open space is encroached upon. The hardship would be the location of the existing house and the narrow nature of the lot which allows virtually no usable building envelope without variances. Staff Recommendation - Based on the information noted above, staff would recommend approval of the proposed sunroom addition, subject to removal of the 20'x20' concrete patio on the lake side of the house, such patio to be removed prior to issuance of a building permit for the sunroom. p.- 0 L*ntJ 6 t ) 1_cn 1 le( (?_# rT' l'r#'.1 CITY OF ORONO - VARIANCE APPLICATI 1 :3 '1 Initial Application Fee $150.00 1 4 ($50.00 per each additional -variance) Renewal Variance Fee $75.00 ( no change from original applir:ation ) _ A I;� After -the -Fact Fees (Double application fee) ` --------------..---•------------------------------•------------- ''l. PROPERTY LOCATI JN Site Address 3775 Bayside Road Property Identification Number (P.I.D.) 05-117- 1-24ntt1 Please check one - Property X abstract or _ — torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 475-1100 Name GErald & Candace E. Rowlette _ Phone (work) 475-1100 - Mr. 4 6-1714 - Mrs Address: 3775 Bayside Road City: Long Lake Zip: 55356 --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired _ (month/year) I (do) (do not) also own the adjacent parcels of land. ----------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property Residential _ Other (specify) ---------------------------------------•-------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 3000_00 Describe request in detail: Addition of `mall Gr nhnuse --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width flardc.,, - Setback Variances (XX Front ride Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Due to the ne-w rnad dirertly IrCrncS from our home all headlights will be shining directly intn the Kitrhpn ------------------------l-d-------------------------------------------------- DESCRI>77�41sOj r6#nb"§®Ato 1RVPA�r4MeO*DjCr1ft% f o r o u r privacy. Describe unusual property conditions preventing compliance witil Zoning Code Requirements: We are not going any closer to the rnad than thc2 existing house - we are merely filling in a ;Lace_ When the aYigting ------hh�-m--------h-ll-�-1-t-------------------------------------------------------- REQUIREDeS6;�ITrALS it met the requirements for setback at that time. 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed 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 remem er that your variance application is not complete if the above inforr.,tion has not been included. -----.. --------------------------------------------------------•------------ Certif•cation 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 1`l % 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. I Owner's Signature �_—__ Date I `t Applicant must have all submittals int^ the City offices 25 days before the Planning Commission Meeting. Plan-ir,4'ommission 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 6 Zoning Office of this change prior to the meeting. T 5 - A 0 �.. 4094 �/ ' . 2 N8944 o 52 ) 1 f 141 -� N8.944/6►t'. `� is '.,4 NS711/ as is 5444 2 '+69 s '.. /s0/ N/7M► r 3C Y N ..'� I C�J a tie 5 . 62 al Ivi 63 \` 64 _ALLF _I 0Ay e TUBBS Pork ` !' ; f'960 Aerial I/ 42 (14 r RUN DATE 07/19/68 BATCH 007 38 OS-117-23 21 0005 PROP ADM 01780 BAYSIDE RD OUNfR NAME HAZEL ANDERSON ,AXPAYER HAZEL ANDERSON NAME/ADOR 3-50 BAYSIDE RD LONG LAKE MN 55356 38 CS-117-23 23 0030 PROP ADOR OrA7EP NAME ANDREW E MINER ET AL TAXPATER LANDMARK CONSTRUCTION IHL NAME/ADOR PO BOX 248 LOW, LAKE MN 55356 38 05-117-23 24 0084 PROP ADOR OWNER NAME JOHN BURGER ET AL TAXPAYER Ja1N BURGER NAME/ADOR 3750 BAYSIDE RD LONG LAKE MH 55356 38 05-117-23 24 0102 .ROP ADOR OWNER NAME S A C GARDINER TAXPAYER STEVE GARDINER NAME/AODR 3770 BAYSIDE RD LONG LAKE MN 55356 L. OE-117-23 24 0111 ' MuP ADOR 03775 BAYSIDE RD OWNER NAME 6 R A CE ROULETTE TAXPAYER GERALD L ROULETTE NAME/ADOR 3775 BAYSIDE RD LONG LAME MN 55356 38 05-117-23 24 0116 PROP ADDS OWNER NAME STATE LAND DEPT TAXPAYER CITY Of ORONO NAME/ADOR CONVEYED 2/6/82 ST DEED 161148 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 21 0015 03750 6AYSIDE RD JOHN BURGER ETAL JOHN BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0082 DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST DELAVAN WI 53115 36 05-117-23 24 0100 S i C GARDINER STEVE SARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0103 5 A C GARDINER SIEVE GARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 36 05--117-23 24 0112 STATE LAND DEPT STATE LAND DEPT TOTAL BATCH 007 00016 REPORT NO. PI435401 PAGE 15 38 05-117-23 23 . 03820 BAYSIDE RC ANDREW E MINER ET AL LANDMARK CONSTRUCTI01' INC P3 BOX 248 LONG LAKE MN 55356 38 OS-117-23 24 0083 JOHN BURGER ET AL JOHN BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0101 03770 BAYSIDE RD S A C GARDINER STEVE GARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0105 PARK METRO INV FUND INC FRED PRICE K L ENTERPRISES 1611 PARK AVE S MPLS MN 55C04 38 05-117-23 24 OI1S STATE LAND DEPT CITY OF ORONO PARK 4/!V79 ST DEED 156753 J Iq .3Yt P 'gyp %S - 2Sb' Revs• 243 '! i Z 2 L - ,► 2 1►,� N P c/ y a so a PAOV►o w V44LA,+et I c.�a G� L�x23 - s` 2 � y0$S� �-. �I.i.ow.o R•oer-. � .0 2a�z�l z `S�' G�XrS�t''�' -- _ PARo C2er'o� w�S �p df runo 20 7cio _ ,CIO % S -Ty R0AD NO COUN 1I0�S - Lin' 9-��--& •* -+ coi -� �C/ - `P e� • � .lox •..i S 4c. oj VAL.,t�pc {C. L,4Kr M� p cQtor2.�F ��S NN�TgNKA Re'"uJik port o � ,cam Li iyT' pozoposewto 6LAsstou —IN SW As W,,00 rik, �� •:�. r L.i]C'.'• � `,�-6.�j'iJ + soh `- -� 1$ - ' •1'i ii ll - � �{ f`,� � �. r HR L`C � 1�• y,d NV _►_ n1 C r-T-� YMEST ELEVATION I I1 1 • �K Cl nvi -- .. _ -- - __Ea57 6u-, •, T0: w. R. Bensonfill FROM: 11. F. hb�hich GATE: March 2S, 1976 SLMA-CT: Richard Rowlette 3775 Bayside Road Variance - Lakeshore and Street Setback Mr. Rr wlette recently purchased the old Betz Property at 377S Bayside Road. This is the property with which vrevious problems of right -of way encroachment was Just resolved in 1975 thru a rearrangement of Lake Street. The location of the existing dwelling does not conform to the street setback requirement of 50 ft. and hardcover and Jai shore setback require- ment of 1, ft. Mr. Rowlette is now requesting variances from this set- back requirement for an addition to this existing structure. The proposed 36' x 28' addition consists of a dining roan, second eating space and a two car garage. The setbacks of the Proposed addition would be 66 ft. from the lakeshore and 20 ft. from the street Property line. Therefore, the variances requested would be 9 ft. from the lakeshore set- back requirement and 3n ft. from the street setback renuirement and variance from the 7S ft lakeshore hardcover setback of 378 sq. ft. for the existing construction and 4n0 sq. ft. for the Proposed addition for a total of 778 sq. ft. of hardcover. The existing structure includes a 20' x 20' concrete patio deck facing the lakeshore. Mr. Rowlette has agreed to remnve this 40n sq. ft. of hard- cover and replace same with a larger open redwood deck if the setback variances are approved. The maxamin area of this proposed addition extending into the 7S ft. Lake- shore setback would not exceed 200 sq. ft. This would result in a net de- crease of hardcover of 200 sq. ft. PLk'NTNr, C'O*fISSICIN MF.F.TIVC - April S, 1976 The Commission recommended to the Council approval of the lakeshore and street setback request conditional unon removnl of the 2n' x 2n' concrete deck being replaced by a non-nervious tvne deck hecnuse the City would gain a 2nn sq. ft. decrease in hardcover. CnMC I L MdTT i NC - April 12, 1976 The Council concurred with the Planning Commission - Approved O;!ONO COUIRCIL IlEETI14G HELD APRIL 12, 1976 Page 4 Paurus moved, Ilassengale seconded, that the VARIAfICE variance request cf Richard Rowlette, 3775 Day- 3775 Bayside Road side Road, be approved as per the Planning (Continued) Commission minutes of April 5, 197G, subject to a correct deed being filed by fir. Betz. (lotion, Ayes (4) - Nays (0). Paurus moved, Butler seconded, that Resolution RESOLUTION 1672 0672, A Resolution Approving The Registered Land RLS A Survey lta. _, be adopted, subject to the payment 3080 mirth Shore drive of the Park Dedication Fee in the amount of $2,000. Ilotion, Ayes (4) - Nays (0). nassengale moved, Butler seconded, that Resolution RESOLUTION 4673 0673, A Resolution Approving The Ulmer Estates Ulmer Estates Plat Plat, be adopted, subject to the payment of the 70 & 190 Willow Drive N. Park Dedication Fee in the amount of $800. notion, Ayes (4) - Nays (0). Henry lluhich, Building & Zoning Administrator, STREET VACATION informed the City Council that ;1r. & Mrs. Esco lfili Street are submitting a request to vacate a portion of 300 Crestview Avenue Hill Street as his existing well, side entry enclosure and garage are located on the right-of- way. A similar proposal was denied by the Planning Commission and Council on February 12, 1973. we informed the applicant's counsel of this but he requested we proceed with the proposal as submitted. This existing garage is in need of repair and probably could be removed or moved. The entry enclosure could be removed and the well could be moved. I would recomrwnd against this vacation as it would result in laadlocking the property to the east. A public hearing should be scheduled. Planning Commission Ileeting - March 1, 1976 "he Planning Commission scheduled a public hearing to be held on ;►onday, April 5, 1976 at 7.30 P.II. Planning Commission fleeting - April 5, 1976 Jerry Snyder, attorney representing the applicant, anf-aared at the public hearing and requested teat the Commission review the survey prepared for the "scoe. It showed the garage and a portion Of tho existing house, including the wall, (Continued) OROiiO COUNCIL METING HELD APRIL 12, 1976 ilassengale rioved, Pauruss seconded# to Rossove the conditional use Permit for Ronald 1960 Lakeview Terrace, subject to the Planning Commission fties of Aprilent 5, 1976 and receipt of open space Block. 1, Long Lake Country Club Addition. ,lotion, Ayes (4) - Nays (0). Henry liuhich, Building i Zoning Administrator, stated that Richard Rowlette recently purchased the old Betz property at 3775 Bayside Road. This is the property with which previous problems of right-of-way encroachment was just resolved in 1975 through a rearrangement of Lake Street. The location of the existing dwelling does not conform to the street setback requirement of 50 ft. and hardcover and lakeshore setback requirement of 75 ft. fir. Rowlette is now requesting variances from this setback requirement for an addition to this existing structure. The proposed 36' X 28' addition consists of a dining room, second eating space and a two car garage. The setbacks of the proposed addition would be r6 ft. from the lakeshore and 20 ft. froif _ae street property line. Therefore, the variances requested would be 9 ft. from the lakeshore setback reauirement and 30 ft. from the street setback requirement and variance from the 75 ft. lakeshore hardcover setback of 378 sq. ft. for the proposed addition for a total of 778 sq. ft. of hardcover. The existing structure includes a 20' X 20' concrete patio deck facing the lakeshore. t•lr. Rowlette has agreed to remove this 400 sq. ft. of hardcover and replace same with a larger open relwood deck if the setback variances are approved. The maxinum area of this proposed addition extending into the 75 ft. lakeshore setback would not exceed 200 sq. ft. This would result in a net decrease of hardcover of 200 sq. ft. Planning Commission fleeting - April 5, 1976 Page 3 CONDITIOTIAL USL PER11IT 1960 Lakeview Terrace (Continued) vARIMICE 3775 Bayside Road The Commission recommended to the Council approval of the lakeshore and street setback request conditioned upon removal of the 20' X 20' concrete deck being replaced Id gain pervious us. tyre deck because the City (Continued) ft. decrease in hardcover. Lk CI I1• J: 01"40 PEP! 'IT A ')LICATI'T; kWLTCfi i h%' Date Pi�0,7'iCf {47 I'SS I Lit Bloat a aY l I 1s�cT ions : ! Owner 7_e__n_'.TL_L._ =01-11 -{ G s' Vdd-esg E CaZ7- il:,x N3, r'a to Ln3 ware: !deter 5tm, i�_ Zaxn Dist. _+eull_rt�trc_�40�t sr e.�ds� L- Per ' ; ree Fl an t ire vi h Fee "irate�un}►erra S�Z Ziarp BuiI&I�.z. J _ Addms c Phone PRL`CIPAL S, K,-,_In F 7)7_r Bsrt: Fln Aria Unfir. P.res »W.n Flr: 'Adt'i f 2 'JCDt}1 Z C A1ea�� r.l3� Znd Flr: iIth f 0 Depth 1 AXESSNY S- ;=.E TYPE et'JmLd t Width Li Depth Z4 - Area Sf Z Est Crnipleticm Date_ Est. C_rutraztion 14t. %lidt2: Xvr=h Area KC0041e. Lakeshore: :'es Ya tletl aids: :'es 110 Prn-- Setbacks: Frcmt_ "earl. Y. Side. Lake !P➢LTLW ZS: .`7.J:`!TT 171111 RYU: toms t= PLA:;S D' v-4 7t1 SIWI• A aTrIFI(X"' G;- RM'F! Of 7ic L01', k D 7vIE PIA\' FF.E. The uc:dersipned here -by maye• a:+plt:.a:ron for s :r.:i:d. ing garriit for the work desciifa:3, agree. t� db .], wrrk iZ strit--t accoraance Leith the ordLlsmrs I�i -tie Citv of 01-mo arid rulings is Vie State ;uJdirg Cain Dix'ision, and dmIsres that al., rac!s vie rr-rrosen- tatiom statod hamm am true and crrrect. �4- ". S r;p0j .�.,id f � n 2 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: August 10, 1988 Subject: #1315 Countryside Manor Homeowners' Association, Intersection of Willow Drive and Countryside Drive - Variances - Public Hearing Zoning District - RR-lB Pertinent Ordinances - 1. Section 10.03, Subdivision 15 (C) - Wall exceeds allowed height of 3k' - height variance required. Required = 316" Proposed = 415" Average height of end sections Proposed = 512" At south side of south monument where there is n drop in grade. Variance = 1'6" or 116% 2. Section 10.28, Subdivision 5 (B) - Setback variance required because wall exceeds 3�' height. Required = 50' Proposed at Willow Dr = 7' Proposed at Countryside Dr = 4'8" Variance at Willow Dr = 43' or 86% Variance at Countryside Dr = 45'4" or 90% 3. Section 10.03, Subdivision 16 - Traffic visibility. No fences, structure or plantings more than 3' high in a residential district on corner lots shall be Permitted to obstruct traffic visibility within a triangular area defined as follows: beginning at the intersection of the projected curb lines of two intersecting streets, thence 30' along one curbed line, thence diagnally to a point 30' from the point of beginning on the other curb line, thence to the point of beginning. Staff has confirmed that the structure does not encroach the prescribed traffic visibility setback area. Upon inspection, members will note the concrete blocks and the marking out in the road that defines the triangular visibility setback area. List Exhibits xhibit A - Application Exhibit B - Applicants' Addendum Exhibit C - Property Owners List Exhibit D - Elevations Exhibit E - Setback Sketch Exhibit F - Site Plan Exhibit G - Staff Letter to Applicants Exhibit H - Countryside Manor Plat (East Section) Exhibit I - Location of Road Within Defined Right -of -Way Zoning File #1315 August 10, 1988 Page 2 of 2 Review of Application - The construction of the monuments commenced after the application was filed by Mr. Miller, representative of. the Countryside Homeowners' Association. Mr. Miller was advised via a letter that he proceeded at his own risk as there were no approvals granted for the str tures if it exceeded the allowed 3'' height (review Exhibit G). The applicants were required to file a variance application because the proposed monuments would eY:eed the allowed 3' ' height at the sides where the posts were to be constructed to hold the lighting fixture. Staff can confirm that the monuments are not located within the 30' traffic visibility protection zone, confirmed also in the applicants' sketch (review Exhibit E). Countryside Drive is a public dedicated roadway, and at the time Countryside Drive is connected to Old Crystal Bay Road and approved, the City will assume the maintenance of Countryside Drive. Review Exhibit H, note that the structures are located within drainage easements defined at the corners of the Countryside Drive intersection with Willow Drive. Staff has reviewed the location of the monuments with the Public Works Director and we find no interference by the monuments with the existing drainage patterns approved with the final grades of the plat. The Public Works Director has called attention to the fact that there is an island with landscaping in the center and the close proximity of the monuments may present certain snow maintenance problems at the time the City plows would be maintaining the roads. He has asked that the Homeowners' Association execute a Hold Harmless Agreement based on tLe location of the structures within the public drainageway and in relation to the setback of the right- of-way of Countryside Drive. Staff Recommendation - To approve the setback and height variances for the wall/monuments proposed by the Countryside Manor Homeowners' Association at the intersection of Willow Drive and Countryside Drive, based on the following findings: 1. The structure does not create a hazard for the users of the public roads, Willow Drive and Countryside Drive. 2. The majority of the monument structures meet the required 3�' high setback except for the posts located at the end of each wal l section. This approval is subject to the following conditions: 1. That the applicants obtain a building permit from the City of Orono. 2. Applicants to execute a Hold Harmless Agreement, holding the City harmless for any damage done to the wall as a result of maintaining drainage within the public drainageways or maintaining the future V ub ] i c roadway. Zoning File #1315 August 10, 1988 Page 2 of 2 Review of Application - The construction of the monuments commenced after the application was filed by Mr. Miller, representative of the Countryside Homeowners' Association. Mr. Miller was advised via a letter that he proceeded at his own risk as there were no approvals granted for the structures if it exceeded the allowed 3�' height (review Exhibit G). The applicants were required to file a variance application because the proposed monuments would exceed the allowed 3�' height at the sides where the posts were to be constructed to hold the lighting fixture. Staff can confirm that the monuments are not located within the 30' traffic visibility protection zone, confirmed also in the applicants' sketch (review Exhibit Z). Countryside Drive is a public dedicated roadway, and at the time Countryside Drive is connected to Old Crystal Bay Road and approved, the City will assume the maintenance of Countryside Drive. Review Exhibit H, note that the structures are located within drainage easements defined at the corners of the Countryside Drive intersection with Willow Drive. Staff has reviewed the location of the monuments with the Public Works Director and we find no interference by the monuments with the existing drainage patterns approved with the final grades of the plat. The Public works Director has called attention to the fact that there is an island with lAndscaping in the center and the close proximity of the monuments may present certain snow maintenance problems at the time the City plows would be maintaining the roads. He has asked that the Homeowners' Association execute a Hold Harmless Agreement based on the location of the structures within the public drainageway and in relation to the setback of the right- of-way of Countryside Drive. Staff Recommendation - To approve the setback and height variances for the wall/monuments proposed by the Countryside Manor Homeowners' Association at the intersection of Willow Drive and Countryside Drive, based on the following findings: 1. The structure does not create a hazard for the users of the public roads, Willow Drive and Countryside Drive. 2. The majority of the monument structures meet the required 3�' high setback except for the posts located at the end of each wall section. This approval is subject to the following conditions: 1. That the applicants obtain a building permit from the City of Orono. 2. Applicants to execute a Hold Harmless Agreement, holding the City harmless for any damage done to the wall as a result of maintaining drainage within the public drainageways or maintaining the future public roadway. Zoning File #1315 Additional Comments and Planning Commission Recommendation August 18, 1988 The Planning Commission had no major concerns with the proposal based on the conditions of the staff recommendation. The applicant agreed to all of the conditions recommended in the staff proposal. The Planning Commission voted unanimously to adopt the staff recommendation of approval. The enclosed resolution has been drafted per the Planning Commission approval recommendation. I City of ORONO RESOLUTION OF THE CITY COUNCIL NO, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE 11315 WHEREAS, Phillip Miller, an authorized agent of the Countryside.. Manor Homeowners' Association, (hereinafter "the applicant") has ar., interest in the properties located at 2420 and 2435 Countryside Drive within the City of Orono (hereinafter "City") and legally described as Lot. 1, Block 1 and Lot 1, Block 2, Countryside Manor, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to! Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the; installation of a wall monument at the entrance to the Countryside Manor - that measures 512" at the highest point instead of 316" requiring a 1'6" variance and seeks a variance to Section 10.28, Subdivision 5 (B) as thel wall exceeds the allowed height of 3h' the structure must belocated i willow Drive, 0 from the street right-of-way and is proposed 7 from the right-of-way requiring a 43' or 868 variance and is located 418" from thE- Countryside Drive right-of-way requiring a 454" or 90% variance. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,. FINDINGS 1. This application was reviewed as Zoning File #1315. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 15, 1988 and recommended approval of the proposed variances based upon the following findings: A) The structures do not present a hazard or interfere wits views at the intersection of Willow Drive and Countryside Drive. B) The majority of the monument structures meet the required 3Y height allowance except for the posts located at the end of eacl wall section. 4. The City Council has considered this application including tho findings and recommendations of the Planning Commission, reports bi City staff, comments icy the applicant and the effect of the propose4 variances on the health, safety and welfare of the community. page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit the installation of wall monuments at the entrance to the Countryside Manor that would require a height variance of 116" and a setback variance of 43' or 86% from Willow Drive and 4514" or 90% from Countryside Drive, subject to the following conditions: 1. Applicant must obtain a building permit from the City of Orono for the construction of the monument walls. 2. Applicant must execute a Hold Harmless Agreement, holding the City harmless for any damage done to the wall as a result of maintaining drainage within the public drainageways or maintaining the future public roadway. 3. Authorities granted with this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this ­.triance will expire on that date (August 22, 1989). 4. Violation of or non-compliance with any of the terms and conditions c.f this resolution stall constitute a violation of the zoning rode, 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 the Countryside Manor Homeowners' Association, their heirs, successors and assigns hereby agrees 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 22nd day of August, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) rage 3 of 4 City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 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 foregoing instrument, and acknowledged that he (they) executed tY.e same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198, before me a Notary Public within and for said County, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 -,t, / L./ . -- CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional varianc Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) " ----------------------------------------------------------- PROPERTY LOCATION Site Address 7) :SCC' T � / �, 1. %�/ � r � _ - C� ; t.1 i (,V Property Identification Number (P.I.D.) Please check one - Property �_ abstract or torrens? Attach legal description to application if not included on required survey. --------------------------------------------------------------- ----------- APPLICANT Phone (home) Name (' / 9 7- p Phone (work) Address: ' City: /r Zip: --------------------------------------------------- ------------------------ ONNER (if different than applicant) Phone (home) Name -•4 Phone (work) Address: Cite: Date Property Acquired Zip: (month/year) I((do_) (do not) also own the adjacent parcels of lr,d. - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- PRESENT USX OF PROPERTY Present Zoning District Present Use of Property - /. Residential _ Other (specify; -------------------------------------- ------------------------------- DNS%-RIPTION OF RDQOiST Estimated Construction Cost $ /7> Describe request in detail: --------------------------------------------------------------------------- VARIANCES RNQOIRED Lot Area Lot width Hardcover Setback Variances ( Front Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQUIRED SUBMITTAI _, 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (k10) 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) i7 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. B. 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 riot 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 .'-=,�1 �C>�l'� Date ,�L�� lo OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and furth-- 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 Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the thi londay of each month. Applicants must be present at all schedii ied rev ieetings of the Planning Commission and Council. If an applicant is orunz to attend a scheduled meeting, please make arrangements to have an auth.__ized agent attend in your place and to advise the puilding 6 '.aninq Office of this change prior to the meeting. 411:�r jL SPECIFICATIONS FOR MON 14MM AND LANDSCAPING AT THE INTERSECTION OF WILW1 AND COUNTRYSIDE DRIVES ]. Monument Dimensions: a. The monuments shall consist of a convex curved wall, as viewed from Willow Drive. Tht- main part of each wall will be 40" in height and approximately 24 feet running length (along the curve). b. Each wall will have an end post at each end, which will be 16" square and 52" in height. Each end post will have a carriage style light fixture on top. 2. Set -backs: a. Countryside Drive: 32 Feet from centerline; 8 Feet fran edge of pavement; 6.5 Feet from property line. b. Willow Drive: 43 Feet from centerline; 23 Feet fran edge of pavement; 7 Feet from property line. c. Trees and shrubery exceeding 30" in height shall be located behind the monuments. Shrubery located in front of the monuments shall be 30" or less in height. 3. Corner Triangles: The entire monument shall be constructed outside the "30 Foot triangle" at each side of the intersection. The front of the monument, 40 inches in height, shall be tangent to the "42 Foot triangle" line. The end posts, 52 inches in height, shall be tangent to the "48 Foot triangle" line. 4. Electrical Wiring: a. Underground wiring, inside PVC pipe, has been run under Countryside Drive, in order to provide power to the light fixtures on each monument. b. NSP has installed a power hook-up at the monument site, and will install a meter on the back of the north side monument. 5. Materials: a. The monuments shall consist of ooncrete block footings 4 feet below grade, and brown, "used brick look" brick above grade. b. ibe landscaping shall consist of varigated dogwood shrubs and Colorade blue spruce trees behind the monuments, and Sea Green Junipers and varigated hosts in front of the monuments. The hosta will form an edging along Countryside Drive, but will i,ot approach Willow Drive. The edge of Willow Drive and the current drainage ditch will not be chanc3d. c. Ground onver around the Junipers and hosta will be shredded tree bark. Property Owners List for Application #1315 Countryside Manor Homeowners Assoc. 03-117-23 22 0005 Gary & Sandra Lostetter 2375 Longview Circle Long Lake, MN 55356 03-117-23 22 0013 Darrell Blauer 2380 Devin Lane Long Lake, MN 55356 03-117-23 22 0020 Wm & Donna Farmer 2375 Devin Lane Long Lake, MN 55356 03-117-23 23 0005 Lester Floyd 2350 Longview Cir Long Lake, MN 55356 04-117-23 11 0003 Paul Nathanson 2420 Countryside Dr. S. Long Lake, MN 55356 04-117-23 11 0004 David & Linda Cumminqs 2450 Countryside Dr. S. Long Lake, MN 55356 04-117-23 11 0005 Phillip Miller 2435 Countryside Dr. Long Lake, MN 55356 04-117-23 11 0006 Eugene & Barbara Hite Jr. 2475 Countryside Dr. Long Lake, MN 55356 04-117-23 12 0005 DICON 21350 Excelsior Blvd. Excelsior, MN 55331 40 •' �l PFK,slen Gr•J ,4 "*'' lkl— 'O X ca u / / 3 J er i, ci, 32/ PYOPIr ly LINE ROM 101 l r- . . - -- 1 10 _ I OR I G CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 517,:323• Municipal Offices On the North Shore of Lake Minnetonka August 5, 1988 Phillip Miller 2435 Countryside Drive Long Lake, MN 55356 Dear Mr. Miller: This letter is written to ask that you contact my office as soon as possible. I have failed in my recent attempts to contact you either via your office phone or by an inspection notice left at your residence on Tuesday, August 2, 1988. As I have advised via an earlier conversation that you proceed at your own risk to continue with the construction of the monuments at the entrance to the Countryside neighborhood. Upon an inspection with the Public Works Director and the City Engineer, it appeared that the monuments do not meet the 30' setback from the intersection of the curb lines at the intersection. In addition, the monument appears to exceed a 4' height. You were also advised that if you exceeded the allowed 3h' height that you were running the risk of being asked to remove anything that exceeds that allowed height given the setback of tre structure. In order to complete the review of your application, we would ask that you would have a surveyor confirm the location of the monument from the lot lines in addition to confirming the 30' setback from the curb intersection lines at Willow Drive and Countryside Drive. Please be advised that if a section of the monument is located within the triangular traffic visibility setback area, that yoL would be asked to reduce the structure to the allowed ? 1 height. Once again, please contact my office so that we may discuss this matter. Sincerely, a. / Jeanne A. Mabusth, Building & Zoning Administrator JAM/tln cc: Stephen Richie, 2515 Countryside Drive, Long Lake, 55356 BUILDING! 10NIN(, - 473 7137 • ADMINISTRATION • FINANCE - 473-7359 • PUBLIC WORKS - 473 7359 ASSESSING As 31"o a WZ609WOOL Snosivolf L: -YJLIW NC. 229 4 40A.i.1 CW&lArr 160 UTILITY AND DRA La I- -M 10 BEING 5 FEET IN AND 10 FEET IN UNLESS OTHERWIS o- DEN BEARING AM= 'ORS We -Z <zw < .p. THIS ITEM HAS BEEN w _j MICROFILMED W I L L 0 W DRIVE s Q ;!04T F,10 No of th. A!-cvF Iv Z:, -tied, &MCI and M0 the Incrw, :f 4.1 w - I C:Ca- 3,0 j;ula enCfo4ChrPe-,lS. fni. "01" nl L"l ""a andDENARS - GABRIEL INC. 0i 106Z Book law ,.A.ND SURVEYORS 1 4 h 4 I, .II Pi,Jf"0w0 MIN w6l IV neg TO: Mayor Grabek and Council Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernnardson FROM: Jeanne Mabusth, Building & Zoning Administrator DATE: August 12, 1988 SUBJ: #1317 Duane & Nancy Glew - 1135 Brown Road South Variances - Public Hearing Zoning District - RR-1B - Requires 2 acres of dry, contiguous land Total Area - 11,000 sq. ft.; Property is sewered Pertinent Sections of Code A. Section 10.03, subd. 15(F) - side setback for detached garage Required = 10' Proposed = 5' Variance = 5' or 50% B. Section 10.03, subd. 9(d) - location of accessory structure in relation to principal structure within front yards - street side of garage is 34' in front of the front line of the principal structure. Accessory structures shall not be located in front of the front line of the principal residence. C. Section 10.28, subd. 5(b) - street setback Required = 50' Proposed = 16' from platted County right-of-way Proposed = 58' from travelled Road Variance = 34' or 68% from edge of right-of-way List of Exhibits - A. Application B. Property Owners List C. Plat Map D. UBC "2903b" E. Spec Sheets for Proposed Garage F. Preliminary Survey G. Revised Survey Review of Application - As of the writing of this portion of the memo, Staff is not in receipt of a revised survey (review Exhibit F). Note that the travelled roadway of the County Road has not been shown, nor has th, location of the matured trees within the front yard, the driveway nor the turn around/parking area. The applicants have been advised that Staff woulr •-ot be able to recommend approval unless a turn around continued to be pr( 'ed on the site. Staff met with both applicant and the Hennepin Coun )T Represertative to determine the .feasibility of maintaining a turn nd given the location of the proposed garage. Mr. Zetterstrohm confir.,r hat he sees no problem with the Glew'F request as long as there is no er encroachment into the County right-of-way. As soon as Staff is e-•eipt of the revised Zoning File #1317 August 12, 1988 Page 2 of 3 survey, a copy will be sent to Mr. Zetterstrohm. Zetterstrohm will respond in writing confirming the approval of the continued use of the turn around within the County right-of-way. Staff has attempted to sketch various existing improvements on the preliminary survey. The applicant has staked the location of the garage within the street yard. Upon a site inspection, members will be able to confirm that the existing turn around will still function for the new garage. A cut in the bank will have to be made at the southeast corner of the garage to allow entrance to the existing turn arund area. Mature tree branches must also be trimmed back. Existing retaining walls along the sides of the driveway will have to be replaced with new retaining walls to support the cuts into the steeper banks. these cuts will not exceed a depth of 5' to V, but we will st-i? 1 ask that the owner notify the affected property owner 10 days prior to any excavation work. The garage will he raised slightly to direct .irainage towards the county drainage ditch along the roadway. Drainage tj the rear of the garage will continue to be maintained by the catch basin drainage tile adjacent to the principal structure. Based on the spec sheet, the garage will be no hiclher than 11' 3". The garage is designed as a two -car garage with additional storage area to the rear. The structure consists of 480 sq. ft. and per the design of the rafters, there will be no upper storage that could be credited as floor area. The applicant notes the shape of the lot and the location of the house on the property as hardships. In addition, the Glews note that they wish to maintain the current driveway as it is in the safest location. This was confirmed by the County representative. In a'dition, they wish to save as many mature trees as possible, this is why they have not considered attaching the garage. The plan will also allow them to preserve as much of the limited rear yard area as possible. In addition, the Staff would add severe variations in elevations within the front y4ird. Staff Recoaaendation To approve the setback variance:, applicatior of Duane and Nancy Glew for the construction of a detached garage %i.thin the street yard of the property located at 1135 South Brown Road, bii,:;nd upon the following findings and hardships: 1. The unusual pie -shaped lot and the limn` : area of approximately 11,000 sq. ft. 2. Location of the house on the pie -shapes 3. Location of the mature trees within the s and front yard of the property. 4. Need to I reset ve the exi t i ng curb c�.'. he sever 1 y limited property. Zoning File #1317 August 12, 1988 Pace 3 of 3 5. Variations in elevation within the front yard. 6. The detached structure will have no negative impact on the property most affected by the placement of the garage. Because of the topography and the fact that the house is located 60' to 70' from the lot line, this approval is subject to the following conditions: a. Upon application for a building permit, the applicant must provide design information on retaining wall and a grading and drainage plan. b. The wc-t side wall of the garage must have no openings and must be constructed as a fire resistant wall. c. The applicant must notify the neighbor to the west prior to the excavation of the west bank for the purpose of viewing the proposed retaining wall construction. d. Ptior to the issuance of a building permit by the City of Orono, the City must be in receipt of a letter from the Hennepin County Department of Transportation, approving the continued use of the turn around within the County right-of-way and the existing fence being allowed to remain. Toning File #1317 Additional Comments i Planning Commission Recommenda_*ion - August 17, 1988 Page 4 of 4 The Planning Commission voted unanimously tc approve the variance application of Duane and Nancy Glew and adopted the .:aff recommendation of approval. The enclosed resolution has been dral'.ed per the approval recommendation. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (F), SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE i1317 WHEREAS, Duane & Nancy Glew (hereinafter "the applicants") are the owners of the property located at 1135 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the construction of a detached garage within the street yard of their property located 5' from the side lot line instead of 10' requiring a 5' or 50% side setback variance, a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the location of the detached garage 16' from the platted County right-of-way instead of the required 50' requiring a 34' or 68% setback variance, and a variance to Section 10.03, Subdivision 9 (D) as the detached garage would be located 34' in front of the front line of the principal structure instead of being placed within line of the principal structure or behind the front line of the principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1317. 2. The property is located in the RR-13 Single Family Rural Residential Zoning District requiring 2 acres of dry contiguous land. The property is sewered and consists of approximately 11,000 s.f. 3. The Orono Planning Commission reviewed this application on August 15, 1988 and recommended approval of the proposed variances based upon the following findings: A) The unusual pie shaped Lot and the limited area of approximately 11,000 s.f. B) Location of the house on the pie shape+ lot. Page 1 of 6. C) Location of the mature trees within the side and front yards of the property. D) Need to preserve the existing curb cut to this severely limited property. E) Variations in elevation within front yard. F) The detached structure will have no negative impact on the property most affected by the placement of the garage because of the topography and the fact that the house is located 60 to 7V from the lot line. 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 variances 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 aptly generally to other property in this zoning district; that grantin- the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the 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 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 to Municipal Zoning -ode Section 10.03, Subdivision 15 (F) that would permit the construction or. a detached garage located 5' from the side property line instead of 10' requiring a 5' or 50% variance, a variance to Section 10.28, Subd�vision 5 (B) granting a street setback variance for the detached garage located 16' from the platted County right-of-way instead of the required 50' requiring approval of a 34' or 68% variance, and finally per Section 10.03, Subdivision 9 (D) approves the location of the accessory structure 34' in front of the front line of the principal structure instead of being placed at or behind the front line of the principal structure, subject to the following conditions: 1. Upon application of a building Lermit, the applicants must provide design information on retaining wall and a grading and drainage plan. 2. The west side wal l of the garage must have no oper.Lngs and must be constructed as a fire resistant wall. Page 2 of 4 3. The applicants must notify the neighbor to the west prier to the excavation of the west bank for the purpose of viewing the proposed retaining wall construction. 4. Prior to the issuance of a ouilding permit by the City of Orono, the City must be in receipt of a letter from the Hennepin County Department of Transportation approving the continued use of the turn- around within the County right-of-way and existing fence being allowed to remain. 5. 'lhe applicant shall not place any plantings within the County right-of-way and special care shall ue given to plantings within the street yard that may create view or sighting problerrs along the roadway. Such plantings should not exceed a height of 3'. 6. Authorities granted with this resolution run with the property not with the applicants, but <<i:e permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will exp re on that date (August 22, 1989). 7. violation of or non-comlliancP with any of the terms and conditions of this resolution shall stitute a violation of the zoning code, shall automatically to nate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of thi.mselves, 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 22nd day of August, 1988. ATTEST: Dorothy M. Hallin, City Clerk Property Owner(s) James R. Grabek, Mayor Page 3 of 4 Resolution No. Exhibit A That part of Government Lot 6, Section 10, Township 117, North Range 23. West of the 5th PrOncipal Meridian described as follows: Commencing at a point on the East line of said Lot 6 distant 725.02 feet South from the Northeast corner thereof; thence West at Right angles to said East Line a distance of 258.72 feet more or less, to an intersection with a line drawn parallel with and distant 216.69 feet Northeasterly from the center line of County Highway No. 87; thence Southeasterly along said parallel line to the center line of County Highway No.146, thence northeasterly and northerly along the center line of said County Highway no. 146 to the Point Of Beginning Except: 11 that part of Government Lot 6, Section 10, Township 117, Range 23, described as follows: Cormencing at a point on the East line of said Lot 6 distant 725.02 feet South of the Northeast corner thereof: thence West at right angles to said East line, a distance of 258.72 feet, more or less, to an intersection with a line drawn parallel with and distant 216.69 feet northeasterly from the center line of County Road No. 87; thence Southeasterly along said parallel lire a distance Qf 47.95 feet; thence deflecting left an angle of 39 degrees and 45 minutes, a distance of 234.2 feet, more or less, to the center line of County Road no. 146; thence Northerly along last said center line to the Point of Beginning, according to the U.S. Government Surrey thereof, Hennepin County, Minnesota. Y,. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00'� ($50.00 per each additional varia Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PROPERTY LOCATION r=t 1Cf Site Address i (' Y-��• i' 1-c1. Property Identification Number (P.I.D. Yi1U Please check one - Property abstract or torrens? _,•tl i rid; Attach legal description to application if not included on required survey. -------------------------------------------------------------_-------------- APPLICANT Phone ( home ) Name �,�-��!'J i�. 't ��� �l�il. V �' �� Phone (work) Li I Address: %. "(1 r t,i City: 7Zip: ------------------------------------------ --------------------------------- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired i�e�� (month/year) I (do) (coo not)'also own the adjacent parcels of land. - -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District _ :T Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ _3Vv..uv Describe request in detail: --------------------------------------------------------------------------- �� VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( r Front Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: --------------------------------------------------------------------------- DESCRIPTIGN OF UN11SUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements.. -----------------TT''%,1 `-----.� ii'1C"� f,- rt'�rC���l ----�-----------4 REQUIRED SUBMITTALS I 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no .return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed 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 inclu6ed. ---------------------------------------------- ------------------------------ Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all in-orma*_ion 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 l� :,''f � ` ` Date 2- -2 _ OWNERS SIGNATURE The owner hereby ackowledges and agrees to th. s 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 1of this request. Owner's Signature ` +/ / ' _ - _ _ l `! ! ------------------------LDate --_------------------------------------------------- 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. In RUN DATE 07/21/88 CATCH 004 38 10-117-23 11 0002 PPOP ADDR =41ER NAME BURLINGTON NORTHERN RY -iAXPA'ER DAKOTA RAIL INC NAHE/ADDR WAS'rINC-TCh AVE & ADAMS ST HUTCHINSON MN 55350 38 10-117-23 24 0004 PROP ADDR 01105 BROWN RD S OWNER NAME ADIE J CHRISTENSON ETAL TAXPAYER ABIE J CHRISTENSON NAME/ADDR 1105 S BROWN RD WA17ATA MN 55391 38 10-117-23 24 0007 PROP ADDR 01155 EROUN RD S 0141ER NAME L J SYMONI.AK ETAL TAXPAYER L J SYMGNIAK ETAL iAME/ADDR 1155 BROWN RD S CRYSTAL SAY MN 55323 38 10-117-23 24 0033 PROP ADDR 01130 WILLOW OR S cwtl R NAME S & D MCWILLIAMS TAXPAYER SHIRLEY & DORCAS MCWILLIAMS NAME/ADDR 1130 WILLOW DR S CRYSTAL BAY MN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 13 0001 01000 BROWN RD S JAMES A ABBOTT JAMES A A63OTT 1000 SO BR=4 RD WAYZATA MN 55391 38 10-117-23 24 0005 01115 BROWN RD S S T JAMES & L M JAMES STEVEM T & LYNNE M JAMES 1115 BROWN RD S WAYZATA MN 55391 38 10-117-23 24 0008 01140 WILLOW DR S D B LIESCH & C M LIESCH DAVID B & CARLA M LIESCH 1140 WILLOW DR S WAYZATA MN 55391 TOTAL BATCH 004 00010 REPORT NO. PI435401 PAGE 12 38 10-117-23 24 0003 01085 BROWN RD S R & P LUKANEN RANDOLPH T LUKANEN 1085 SOUTH BROWN RD WAYZATA MN 55391 38 10-117-23 24 0006 01135 BR06:1,4 RD S D & N GLEW DU-r..- A & NANCY GLLW 1135 CRU1 N ROAD 5 WAYZATA MN 55391 38 10-117-23 24 0032 01120 WILLOW OR S S & D MCWILLIAMS SHIRLEY & DORCAS MCWILLIAMS 1130 WILLOW OR S CRYSTAL BAY MN 55323 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 COU11TY DEPARTMENI OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. DAT2 � ,S�j BY I(-f-I �_ �� m- U . vp THAT PART CORRESPCPiD:NG'413 " '�7 10,i3LX.e &ATKA VIES PUS VACATED ST ANO ALLE 9 A P� Iry %." e 3, 4d "oo car Z7 c '. ka 25 17 24 ZI 5 A" 2. 7 im cr p 24 . + REG.AUL).'* NO. 356 XLAND AU SIIR. NO. \96 1985 EDITION 2901-2903 Part VI DETAILED REGULATIONS Chapter 29 EXCAVATIONS, FOUNDATIONS AND RETAINING WALLS Scope Sec. 2901. This chapter sets forth requirements for excavation and f ills for any building or structure and for foundations and retaining structures Reference is made to Appendix Chapter70 for requirements governing excava- tion. grading and earthwork construction, including fills and embankments. Quality and Design Sec. 2902. The quality and design of materials used structurally in excavations, footings and foundations shall conform to the requirements specified in Chapters 23, 24, 25, 26 and 27 of this code Excavations and Fills Sec. 2903. (a) General. Excavation or fills for buildings or structures shall be so constructed or protected that they do not endanger life or property. Slopes for permanent fills shall be not steeper than 2 horizontal to I vertical. Cut slopes for permanent excavations shall be not steeper than 2 horizontal to I vertical unless substantiating data justifying steeper cut slopes are submitted. Deviation from the foregoing limitations for cut slopes shall be permitted only upon the presentation of a soil investigation report acceptable to the building official. No fill or other surcharge loads shall be placed adjacent to any building or structure unless such building or structure is capable of withstanding the addi- tional loads caused by the fill or surcharge. Existing footings or foundations which may be affected by any excavation shall be underpinned adequately or otherwise protected against settlement and shall he protected against lateral movement. Fills to be used to support the foundations of any building or structure shall be placed in accordance with accepted engineering practice. A soil investigation report and a report of satisfactory placement of fill. both acceptable to the building official. shall be submitted. (b) Protection of Adjoining Property. The requirements for protection of adjacent property and depth to which protection is required shall be as defined by prevailing law. Where not defined by law, the following shall apply: Any person making orcausing an excavation to be made to a depth of 12 feet or less below the grade shall protect the excavation so that the soil of adjoining property will not cave in or settle, but shall not be liable for the expense of underpinning or extending the foundation of buildings on adjoining properties where his excava- tion is not in excess of 12 feet in depth. Befor^ commencing the excavation. the 521 sM ,J UNIFORM BUILDING CODE person making or causing the excavation to he made shall t,.+tify in writing the owners of adjoining buildings not less than if)days before such excavation is to he made Ihat the excavation is to be made and that the adjoining buildings should he prolected. 'fhe owners of the adjoining properties shall he given access to the excay:uion for the purpose of protecting such adjoining buildings. Any person making, or causing an excavation to be made exceeding 12 fret in depth below the grade shall protect the excavation so that the adjoining soil will not cave in or settle and shall extend the foundation of any adjoinirg buildings below the depth of 12 feet below grade at his own expense. The owner of the adjoinin¢ buildings shall extend the foundation of these buildings to a depth of 12 t VA7M3 feet below grade at his own expense, as provided in the preceding paragraph. Soil Classif[Cation—Expansive Soil Sec. 2904. (a) Soil Classification: Gene] A. For the purposes of this chapter, the definition and classification of soil materials for use in fable No. 29-B shall Sc according to U. B.C. Standard No. 29• ! . (b) Expansive Soil. When the expansive characteristics of a soil are to be determined, the procedures shall be in accordance with U. B.C. Standard No. 29- 2 and the soil shall be classified according to Table No. 29-C. Foundations for structures resting on soils with an expansion index greater than 20, as determined by U.B.C. Standard No. 29-2. shall require special design consideration. In the event the soil expansion index varies with depth, the weighted index shall be determined according to Table No. 29-D. Foundation Investlgatlon Sec. 2905. (a) General. The classification of the soil at each building site shall be determined when required by the building official. The building official may require that this determination he made by an engineer or architect licensed by the slate to practice as such. (b) Investigation. The classification shall be based on observation and am necessary tests of the materials disclosed by borings or excavations made in appropriate locations. Additional studies may be necessary to evaluate soil strength, the effect of moisture variation on soil *hearing capacity, compressibility and expansiveness. (c) Reports. The soil classification and design bearing capacity shall be shoe n on the plans, unless the foundation conforms to Table No. 29-A. The building Official may require submission of written report of the investigation whirl: shall include, but need not be limited to. she foliowing information: I . A plot showing the location of all test borings and/or excavations. 2• Descriptions and classifications of the materials encountered. 3. Elevation of the water table, if encountered. 4. Recommendations for foundation type and design criteria including bear- ing capacity, provisions to minimize the effects of expansive soils and the 5. Expected total and differential settlement. 522 CO s •V VVF ad V • EVE Vas •• 'v 10700HIGHWAY 55, SUITE 280 worn oomwnw TIDN oo, ba.rulNr c~ CONTRACTOR to d'"cta/ N wake 00 P LY M OUT H . M N . 55441 DATE: follow" Iwpmeawawb is"* Imm"m ak OME : B , 1 US.//DOF Fiia ZIP MATEIIIAL I SPECIFICATIONS I DESCRirT10N SIZE. J OD sTuos: oc RAFTERS: OC TIES: OC GARAGE - — - ROOF: SIDE EAVES: END EAVES: - FACIA TRIP: HEADERS: DIN I ROOFING: YMOTM EX POSURE SHEATHING: SIOINC� CLADWOOD SIOING f ) CLADWOOD SNAKES OTHER HARaDARD 3101046 f PRIMED SHAKES r f 1 WouL TE SKWOG f ) ALUM IM SIDING " f ) MIOOOTEX SONG 1 ) BACKERIBOARO f ) HOWONTAL LAP f ) STUCCO MRLLwoRK NOTE ❑ FmoH DOOR ❑ PANEL ID On ❑ MITOMATIC DOOR OPR. ❑ ELECTRICRY HARDWARE; LWIN_0_01NS� `SERVICE DOOR : 1!1" 1 . ' 1 1 -. 1 RANCH STYLE STRETCH ( 1 1 1 l 1 �' ■ �' GARAGE SLA. _ GARAGE APRON REINFORCEMENT L . , , DRIVEWAY GROUND PREPARATION :,1,� ;1 WALK -PATIO -STEP WILD UP 1-.MOV EXCAVATION • ( "`. WLNTENTS QVAL FOOTINGS lt..'' SS�� ss REIAYIOVAL BLOCKS. UNDER WAS x V BLOCKS, OVER SLAB AW9_ %NATEFIPAOOF n1 Si�OR REE 11ACKFILL OT04ER q }`. ALI ,. (E I DISPATCH I C j ww 'M• �' r �.•J..JLS ir: t• 1 of c• - i j ^�':c„ , i..ni d'•C.d -- DOLLAR TERMS: <.. aPURCHASE PRINCE s 6 CASH: DFINANCE ACCEPTED AS SPECIFIED ABOVE. 1 x Y L%Lnmm TOis cw4wet is alliwo N at>porsl awd weslyanee br tM cwwal Marrpa of Gam Conslnrcom Co• DOWN PAYMENT: s BALANCE DUE i - "YOU THE SUPER MAT CANCEL TOMPW4 CHASE AT ANY TONE PRIOR TO INOOM W OF THE THIRD .USNOM DAY AFTER THE DATE OF THIS PUIKIuM. SEE ATTACHED NOTICE OF CANCELLATHM FCM FOR AN EXP ANA- TK1N OF THIS RIWR:' TM a- - odo N nrblaet to. and acCePlMc0 br ov pwcmw oxpMstr "Iml to MN News. come. mm WOMAN anu bn111 ftm apPow" x an ow �warao bid* Usroolow �w ao bid* NOW. MriM womm ,•.tir •:.i!'+ Per:..... :•�...�-wP><Y'�•.. �_s,._..--._. .. _.•.. .•....-r..rr..', . r.....1 ..:J.v.r+-�..J 10700 Highway 55, Suite 280 Plymouth, MN. 55441 PLANNER ESTIMATE BASE SPECIFICATIONS SIZE: :O' x -3Lq' OD (� etached ( ) Attached ( �omplete ( ) Framed ROOF STYLE: �� Pitch ( )Gable Reverse Gable( ) (,�•Eiip Other Side Eave 1x•• End Eave )X'• SIDING: Lai Vertical Style x- 9c Mas -n' k- AA Ididth ►R" Exposure IG .: Smooth (Textured ( ) Shake ( ) Other Corners: T+ood ( ) `fetal( Batts: x O.C. TRIM: *i2 Pine ( Cedar( Other OVERHEAD DOOR SIZE '7 Flush Fiberglass ( ) Steel ( ) _Sec.Panel( ) Colonial Panel ( ) Other Thickness ('/s'Styrofoam( Hollow ( ) Jamb Seal(,l Hardware Torsion (� Stretch ( ) Mitered Corners: Yes ( ) No ('S 2-Year Service Yes (� Police. No ( ) SERVICE DOOR: Steel (� P ► 2/8 (/S Luan ( ) 3/0 ( ) Panel ( ) Other ( ) WINDOWS: Ranch() Slip( ) it I Other NT . rt.sI LAPProX.) CUSTOMER: DATE S a 3 - •s ctiS NAME 'jntt `1'YLr. _-�_1�' -- HOME PHONE___ ADDRESS �i I.3 Sc, CITY Q aCn Cr Buildin Permit Clean L� / Remove Debris DE`tOLITIO`: ITEMS FRA`tING SPECIFICATTO':S Exist. Garage x Treated Plate( ) 2r.4(,yl'x6 Exist. Slab x Studwall _ xY 2r6 16" OC Exist. Drive Sheathing %- h.. "t I - Headers (3) 2x10 2xM Misc: gall Brace x4 ( )`fetal Ridge: lx6 Other Rafter: 2x4<23j1S i OC Other: .c �.• _ _ OC CONCRETE ITEMS 'gall Ties: 2r.8_ OC 4�4000 Slab 4 s "ThiRoofing: if xxs F•bc` ^ �•� (•� Roof Sheathing: :4000 Apron - 2 *Includes '=15 Felt 6 9" ()"6x6x10 Wire Mesh starter row. ( loVBC Footing cyst: is Avg. In. ELECTRICAL ITEMS QPTi. (Excavate 3+ Yard ( ?emit Circuit ( ) ( ,+- Block cj Course (-f Trench G/Fault (� (.�' Waterproof �3-.1av Disconnect (-�"Backfill P`'t "` (3) Switches Receoticles(2i Driveway � Floods O/Hd Lights0 ' ( ) (o,�,,..,.,_ ( ) Walk/Steps Other: (� MiscAutomatic Opener Hpr R"d-] 4." — Transmitters DiRial TO BE BUILT TO THE ABOVE SPECIFICATIONS FOR THE sUR OF S (� �Cc> - Finance Plan Mu A X.S Mo. OPTIOS2yu C r.� ,,1.� .•6`JGO Thank fo he orportunity of presenting this bid. Salesman 542'."" 81286.5 f C) TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato DATE: August 12, 1988 SUBJECT: '88-189 Assessor's Contract Attachment: A. Proposed Contract for 1989 B. 1987-88 Assessing Contract Memo Dated 8/6/87 IS_S_U_E_ - Determination as to whether the City wants to renew its contract at the rate proposed by Mr. Erickson. IN_TR_O_DU_CTIO_N_ - Since 1984 the City has contracted with Rolf Erickson for assessing services. As noted in Attachment B the City originally saved money with improved service. DI_S_CUSSION - The services provided by Rolf are projected to go up 8% because of the eAtensive number of calls that were handled this year on Board of Review and that are anticipated to be handled next year. It is anticipated that the City will be in better shape regarding the Board of Review next year as the Assessors are able to get further ahead of the work yet this summer. ALTERNATIVES - 1. Renew the contract as presented 2. Negotiate for alternative contract amount 3. Undertake negotiations with the County regarding the possibility of converting over to their system for assessing 4. Table RECOMMENDATION - It is recommended that the City continue its services for assessing with Rolf Erickson as the staff feels that an excellent job is being done by that firm as the contractor has a very good understanding of the wide variety of properties that need to be dealt with in this city and at a price that is not out of line with what the City would Day elsewhere. PROPOSED MOTION - Moved by , seconded by _, that the Council approve contracting with Rolf_Erickson for the contracting period from 1 August 1988 to 31 July 1989. Ayes _-, Nays i i i T0: Mark Bernhardson, Orono City Administrator Orono Mayor and City Councitmemoers FRG..: Rolf Erickson, City Assessor DATE: August 11, 1988 RE: Contract for 1989 Assessment Term of Contract: September 1, 1988-August 31, 1989 Total Fee: $50,772.00 Monthly Payment: $4,231.00 Due by the last day of each month increase: ci: Please increase the amount budgeted for homestead ca.rd=, postage, maps, and photos by 4%. The major reason for this increase is to cover extra time for reviews. of property. 8687.6 Cy -i TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator�1,t�, DATE: August 6, 1987 SUBJECT: 1987-1988 Assessing Contract - Attachment A. 1986-87 Assessing Service _._ntract ISSUE - Authorization for City to enter into a contract with Rolf Eiickson for assessing services for the period 1 September 1987 - 31 August 1988- INTRODUCTION - Since 1984 the City has received its assessing contract services from the private contractors headed by Rolf Erickson. (Because of the routine for assessing, contracts run from September thru August.) The contract price for 1986-87 as noted in Attachement A was $45,204 and Mr. Eirckson has indicated he is wiling to contract 1987-88 for $47,016, a 4% increase. RE_C_O_M_ME_ND_AT_IO_N_ - Based on the excellent work and working relationships with Mr. Erickson and Mr. Wilde it is recommended that the City contract with them for the period 1 September 1987 - 31 August 1988 for a fee of $47,016 paid in 12 equal installments. PROPOSED MOTION - Moved by , seconded by , that the Orono City Council authorize contracting its assessing services with Mr. Rolf Erickson, Mr. David Wilde and Ms. Rita Guderian for the period 1 September 1987 - 31 August 1988 for an annual fee of $47,016 to be paid in 12 equal monthly installments of $3,913.00 with no other changes in the contract. Ayes _, Nays ASSESSMENT AGREEMENT THIS AGREEMENT made this 1st day of September, 1986, by and between the City of Orono, a municipal corporation hereir-Fter referred to as "CITY" and Rolf E. Erickson, hereinaLLer called "ASSESSOR". 1. Employment. The City, which is a separate Assessment District in the County of Hennepin and State of Minnesota, does retain and employ the ASSESSOR to perform all functions required of local assessors by Minnesota state statutes, cooperate with the Hennepin County Assessor by supplying the needed information for each assessment year, and maintain a fair and equitable assessment for the CITY and its taxpayers. 2. Functions of Employment. Functions of employment shall include: 1) Effective communication with residents, business people, and city officials regarding acreement practices and policies. 2) Physically inspect and revalue 25% of the REAL property as required by law. 3) Physically inspect and value all new construction, additions and renovations. v UJ 4) Conduct valuation hewing prior to Board of Review. Approximate dates - March and April. 5) Attend Board of Review. Per Board request, make all necessary rev' aisals. 6) Keep updated fieiu -d file - current values, homestead and classification data. 7) Print, mail and pos* full year homestead cards. Process midyear homestead applic;,lions. 8, Reeponc' to texpayc-r regaruing assessment >r appraisal problems or inquiries periodically during contract term. 9) Make divisions and combinations periodically during contract term. 10) Initiate, for the taxpayer, abatement application periodically during contrp:t term, as requested. 11) Make appraisals foi, testify or negotiate all district court or tax court filings, periodically during contract terms. 12) Post values from appraisal cards to assessment rolls. 13) valuation of all parcels in the City each ye..r. 14) Analysis of property sales. 15) Preparing assessment runs. 16) Reviewing properties at taxpayer's request 17) Attend, not to exceed, three council meetings in addition to the Local Board of Review meetings. 18) Provide when requested appropriate informa�ion and/or referral for persons requesting property appraisal related information. Such may in conjunction with the City provided on a fee for service basis. 3. Performance of Services. The manner and the method used in the performance of services to be provided by ASSESSOR shall be under the exclusive control and direction of the ASSESSOR. The ASSESSOR in performance of services shall not (1) ce required to maintain office hours, (2) receive retirement benefits, (3) health insurance benefits, and (4) any other fringe benefits. 4. Equipment. ASSESSOR shall provide: 2 1) His own transportation -is he deems necessary for performance of. services. CITY ^i:.t, ;. provide: 1) Necessary filing area for purpose of maintain_ng required city assessment re ords. 2) All of the equipment and supplies nP(.._ ary or required for performance of services set forth in this Agreeme!it, including a 1979 or later set of aerial photographs. 3) Pay for all direct forms and supp1ies, misce 1 1 aneous anal postage. expenses, including those f i lm, aerials acid ott,ar ,om(� .cead material and 5. (-ompensation. T1. ° CITY n%;rees to pay the ASSESSOR fur such services the L;um of $45,204.w0 for the assessment year of 1987. Payment shall be in 12 monthly installments oZ $3,767.00, commencing the last day of Septemeber, 1986, and continuing on the last day of each month thereaft- }rough August, 1987. 6. Minnesota-Stat nto in consideration of thy forth in Minni:suta Statut._ ,tsapssing procedures. Both in such re4uirpment- Miring necessitate a ren..gotiation herein. 3. This F.greement has been ente- �d obligations and requirements sPt the same ap;)'y to real estate es agree that any major changes the of this Agr -•:nt shal 1. of ompensation called for. 7. Represent ,�scr. 1) AS its that ;:e is a Certified and L; ;,. ,dr �'.a Assessor uni ­ r Chapter 273 of M: tatjies and t',;t he s a qualifit rea. 3 a,:praiser; tu:t_her, that he will during all times this contract is in force maintain such li,-nere; and qualifications. 2) ASSESSOR agrees to attend the Local BoarJ of Review Meeting on a date selected by the `ITY, 3 plus atten -ance at not more then three other City Council meetings in any one year. S. Effective Date of Agreement and Term. This Agree- ment shall be effective as of September 1, 1986, and employment of the ASSESSOR to perform the services to be rendered hereunder shall commence as of September 1, 1986, for the performance of the 1967 real estate assessment, and continue until August 31, 1987; subject, however, to extension as hereinafter provided. 9. Agreement Extension. This Agreement may be extended from year to year on terms to be agreed upon by t►•= parties hereto by the parties agrer,ng in writing to the same on or before th6 firs, day of August, beginning August 1, 1987, and on the 1st .gay f August each year thereafter. If this Agreeme^t is not ;,o extended and terminates according to its terms, ASSESSOR agrees to deliver to CITY forthwith such records cs he has in possession concerning assessment of the CITY's real estate. It being understood that such records are the property of the CITY. 10. Independent Contractor. It is agreed that nothing here,;,n contained is intended or should construed in any manner as creating or establishing the relationship of co-partners tetween the parties hereto or as const'_- ►Inq tho ASSESSOR as the agent, representative or employee of the CITY for any purpose or in any manner whatsoever. ASSESSOR is to be and shall remain an independent contras with resp=:ct to all services performed under this Ar rat ASSESSOR repres^nts that he has, or will secure at hi. expense, all ersonnci required in perforr,ing services in ti. agreement. Any and all personnel of ASSESSOR or other persons, while engaged in the performance of any work or services required from the ASSESSOR under .-his Agreement, shall have no contractual relationship -ith the -I'rY and shall not be considered employees of the CITY and any an(- all claims that may or might arise under the Workers' Compensate �n Act of the State of Minnesota on behalf of said personnel or os her persons while Pngaged, and any and all clai, whatsoever on behalf o: any , person or personnel arising of employment cr alleged employment ;ncluding, wits. _ limitation, claims of discrimination against the ASSESSOR, his officers, -jents, contractors or employees shall in no way be the responsibility of the CITY, and ASSESSOR shall defend, inde^nnify and hold the CITY, its officers, agents and employees harmlesc from arty and all such claims ragardlecs of any determination (if s..y :pertinent. tribunal, 4 agency, board, commission cr court. Such perso.inel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, unemployment compensation, disability, severance pay and P.E.R.A. 11. Hold Harmless. ASSESSOR agrees that he will hold the CITY, its officers and employees harmless from any claims, suits or damages resulting from or caused by any act or omission of the ASSESSOR, his officers, agents, contZ-actors or employes in the performance of the responsibilities provided by this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement the year and date above stated. CITY OF ORONO By Mayor i J By City inAdm' ' ator V �� �. � � ��'�, 1, �r�✓`. ASSESSOR a TO: Mark Bernhardsor, - Ci t>, Admi n i strator- FROM: Rolf Erickson David Wilde Rita Guderian DATE: August 6, 1987 RE: 1988 Assessment Fee Proposed amount for- the 1098 assessment is $-R/,016.00 payable in 12 monthly installments of $3918.00. Installments due last day of September-, 1987 through the last day of August, 1988. .' 1 v'• •, . + City cOunci 1 I ;" -�; .:ayor an 1 L i Z ❑crnhari' ,on, City A(lminintrator,A July 21, 1936 ^_ ^_,: 19",G-;T Contract ,;;r, quote':ien fro;:► the private asr,er,c;crz oat the City ha:: coltract for th? lnnt tB:o ycarr, is for a c;eCviC,:: L•J::C.nC.':t Of 12 nonths starting 1 septer.,ber 19©G fora sum o $ 5 entsiialilno cti n^ge in e::i :tiny; contract languag.., . p :ncrec^r over t::: i ^05-",G contract price, but c:oes ref leet the tir.:c•c.'•�litional narket c t;.n ucv.olo; ^nt for the un-r;un � ::O�.2rtiL:, in Orono, together with tIiC �vel Of RCN Cca.tt:.ction activity it the City. ':his i . gunc:ral ly running Let•. trli ti to G^ a ;'car .airh is an increase from the 15 to 20 With 1)7 Itennepin County bacF; wt:cn Ll:ay hid � L!": r" t-.�=f -` :Oul.1 hit no)tod L:,�,t the a.^,::C.",iiR� cc j .- clone �..�,;_, .1 C )n. _ruction ir, clone nev,�.al ti..e; :,)ring r..... r :... .n orJcr to .l^ternino tfi)o, flu:�lity 4� i. C : f:r.:,. ^.41Cn in ,Ord"r to 1),,tter value the pros: in j. it in ant is ip-It('d that the ri;:;. lr:.;it they f t)^ east of : ro::n i:c)ri.i anJ ill . - ';� c• .: �� till �erer`al ly �> ca la1:e anri off ;hir, includ::; nany unigli I the :c. l rcf In to tha ,rr vorF; done !:y t:ut. it �:7C:L�lr: t note3 Lro::t the County when th::t %:ar, r tu- _:i in 1: ,3 w:ia 5•42,00U. lam;• _ ;;rCf tecoiamcn, approval of the: ar.oc:,t au a • -., f,^tViC thR City dGC� r•^_c:.iVC• iil@ , r n th• t by the i r lit; of e:at,, g cctly c.;c Cclr .. elo'a :. rr,on:. 1 t:,,, t.u,ct., ,r :i .h ..;►: foes c•.:ILJian 'ic :.i.i t-r ::r,;,lc: !,y tl,c c„ntractoc s e:jt+:n.,iv<: fl to ir.. rove: their ::rrvicu both to tiic property oeiner: ue..t their A. t:ith th s City* -.n(`��t:D lily r !:: - ;1'�Vr'ci 1)y , L,•t;c)Ilcic�t Jf .....� ato i]C ap c. ..,r.t: of ; : ),%' il^i contrct rice Anti tht tics C; ;i:•/ «cr :-i.�te• Contract 11 t1►e Ascc' for tiles year 1 :,:t)t�•alt,e,e l3UG to 210. Ayes 81688.1 AUG 2219'3 TO: Mayor and City Council FROM: Mark E. Bernhardson; City Administrato.�--� DATE: August 15, 1988 SUBJECT: Replacement of Current Copier Attachments: A. Replacement of Copy Machine Memo Dated 8/15/88 B. Excerpt - League of Minnesota Handbook ISSUE 1. Determinaticn of wnether the City enters into a lcng-term lease for a new machine or chooses to purchase. 2. Selection of machine for lease or purchase. I_NTRO_DUCT_ION - As noted the City is at the point of replacement of -its -present leased copier and can purchase one with greater speed for substantially less dollars. DISCUSSION - While the bulk of the discussion is in Attachment A it should be noted that the City is able to select the machine which gives it the best features for the money, as these are simply quotations. ALTERNATIVES Issue I. Purchase 1. Purchase 2. Undertake a .:-,w machine lease 3. Month to month rental (at a substantial price above leasing.) 4. Table with a month to month rental until resolved. Issue 2. Machine Type 1. Recommendation 2.-anasonic 3. Other 4. Table RECOMMENDATION - As the Savin permits greater operation ease when it comes to copying as far as ease of paper sizes, copy speed and security access over the Panasonic for a similar copy price, it is the one recommended. (The monthly cost of purchasing the Savir. is $15/mo more than the Panasonic over 60 months but is felt that the additional features will be worth the additional expense. The amortization assume:, no sa 1 va, e value for the machine at the end of 60 months.) PROPOSED MOTION - Moved by !_, seconded by to amend the 1988 1 Improvement and Equipment Outlay Fund expenditure budget by $10,000 and; to award the copy machine purchase to Copy Duplicating Products, Inc. for the Savin 7500 at the quoted price of $9,997, plus a maintenance contract and to charge back the purchase price to the various City departments on a use basis over a 60 month period. Ayes __, Nays __ 2 a TO: Mark Bernhardson, City Administrator E FROM: Tom Kuehn, Finance Director C% � wC•F�1 ` Dorothy Hallin, Office Coordinator r DATE: August 15, 1988 SUBJEC're Replacement of Copy Machine - Award We, with the assistance of Mike Gaff ron, have for the past several weeks been evaluating several copy machines on the basis of costs and features. Our current lease agreement wits C.D.P. Inc. expires this month and there is general agreement -rom the City and the provider that the contract will not be renewed due to the machine being worn out. There are also cost benefits to the City by replacing with a current state of the art machine. We have requested written quotations from the four companies on five different macnines. The quotes were to include an outright purchase with a service contract, and a lease option with a service contract. We have discovered that the City can purchase a much better machine in terms of features, speed, decreased downtime, etc., with a full service contract, amortize the purchase price over five years and save significant dollars compared to the current rental agreement. The bidders, machines, prices and maintenance costs were: Maint. per Copy Company Machine Quote @ 25,000 Copies/Mo Zerox Corp. Xerox 5046 $11,119 $.01494 Wager's, Inc. 'Toshiba BD9110 $10,545 $.00815 Minnesota Adler Royal $ 7,845 $.01498 Business TA2240 Systems, Inc. Copy Duplicating Savin 7500 $ 9,997 $.0085 Products, Inc. (C.D.P.) " Panasonic 4650 $ 9,068 $.0085 The total costs per month based on a 60 month amortization of the pur,.nase price are: Machine Amortization/Mo Xerox $185.32 Maintenance/Mo TOTAL $3"/-�.50 $558.82 Toshiba 175.75 203.75 379.50 Machine Adler Savin Panasonic Amortization/Mo Maintenance/Mo TOTAL $130.75 166.62 151.13 $374.50 212.50 212.50 $505.25 779.12 363.63 Compared to current average monthly rental cost 633.50 As you see any of the new machines will result inan immediate operating cost savings to the City compared to our current contract with a substantial increase in features. The consensus from staff is that the Savin 7500 from C.D.P. provides the best overall buy for the City when price, maintenance costs, features, space requirements, etc. are compared. Factors other than price that entered into a recommendation: were - The need for a 4 tray integral paper supply capability to reduce constant tray changing - Compact size dimensions to fit in limited space available - Collation capability - 20 bin maximum - First copy speed, copies -per -minute capability - Dup1exing capability (copying both sides without constant operator F.ctivity) - Continuous variability in enlargement/reduction modes - User coding capability (automatic record of # of copies made by various users) - Of the 5 machines considered, many h similar feature capabilities but a sizable range in: - indentation - copy speed - paper supply - security/access feature I tiould recommend that the Improvement and Equipment Outlay Fund (I.E.O. Fund) purchase the equipment at $9,997 with the departmental users being charged a per copy cost per month over the next five years to reimburse the I.E.O. Fund. I would also recommend that the 1988 I.E.O. Fund budget be amended to reflect the purchase. PROPOSED MOTION - Moved by _ , seconded by , to amend the 1988 Improvement and Equipment Outlay Fund expenditure budget by $10,000 and; to award the copy machine purchase to Copy Duplicating Products, Inc. for the Savin 7500 at the quoted price of $9,997, plus a maintenance contract and to charge back the purchase price to the various City departments on a use basis over a 60 month period. Ayes _ , Nays Expenditures, Purchasing and Contracts Home Rule Charter Cities Procedure for Paying Claims In home rule charter cities, the charter will govern the method of payment of claims. If the charter is silent on this, most charters permit the council to establish an appropriate procedure by ordinance. C. General Purchasing Requirements Except for bidding procedures, there are no Ic�al requirements governing city purchasing. Procedures only need to secure the best balance between quantity, quality, and price. Central Purchasing Because purchasing is complex, it usually takes place in a single, separate department that a trained purchasing agent heads. While most cities do not have a persor, who acts only as purchasing agent, oftentimes the chief administrative officer, clerk, deputy clerk, administrator, administrative assistant, or manager has the responsibility of making all purchases, to*.ing advantage of savings through bulk purcha• ing, sy�tcmatic procedure, and effective expenditure controls. Authority for Purchasing Because only the council may approve actual purchases, the purchasing agent should always ob- tain council approval before taking any final action. In Plan B cities, however, the manager has author- ity to make purchases and negotiate contracts for amounts of less than 11,000. Even in this case, the council must audit all [Als for materials, sup- plies, and services. Charters often give some pur- chasing authority to the manager. Cooperative Purchas` tg Cities may increase savings from bulk disrounts by making purchases jointly with one r,r r•;,rc other governmental units. The joint i,owers law authorizes cooperative purchasing. 38 Under these programs, several governmental units purchase, in i single transaction, sufficient commodities for all . ( ommunitics have found it profitable to purchase items such as fire hoses, street signs, paint, coal, oil, soap, office supplies, and police cars in this manner. Standards and Specifications For all except minor purchases, the city should have standards of quality. These should be brief, clear descriptions of minimum requirements. Specifications must be broad enough t3include all competitive supplies and equipment . The department requiring the item, the city en- gineer or architect in the case of major items, and the purchasing agent should jointly develop the specifications. Standard specifications arc avail- able for manv items. Other sources of help arc neighboring cities and various departments of the state government . Specifications that private con- ccrns develop may intentionally favor the products of a particular company. When two or more departments use items similar in nature, the city should develop standard specifications meeting the needs of all depart- ments. Such specifications reduce purchasing costs. Establishing Needs One key to increased savings is anticipating fu- ture needs for supplies, materials, and .,, --ipmcnt . Such anticipation can permit purchasli;g gems in larger quantities and purchasing needed items when price conditions are most favorable. Many necessary items vai y in price from season to season and cities can save if they anticipate pur- chasing needs in advance. Departmental lists of estimated needs should go to the purchasing agent annually after the council has approved the budget. D. Making Purchases Cities generally take bids when making sizable purchases. Under ttrc uniform municipal contract- ing law, a city must bid out all purchases in excess of 515,000. 4 For purchases of less than 515,(X)O, the council should still use this process to ne-otiate "price agreements" for items such as gasoline. The municipal eorIracting law also requires cities to scch at least iwo quotations if the amount is less than S15,()W. 41 A city may abandon all regular purchasing procedures, however, in emergency situations. Page 356 Handbook for Minnesota Cities Expenditures, Purchasing, and Contracts in Minnesota law, fi3 as a minimum standard for wages, and which establish hours and working con- ditions prevailing for the largest number of workers in the same class of labor as a minimum standard for a contractor's employees. 64 Contracts for Less Than $15,000 Councils must follow certain procedures with respect to contracts of less than $15,000. If the es- timatcd amount of the contract exceeds $10,000 but is less than $15,000, the city may use sealed bids or direct negotiation, by obtaining two or ore quotations and without advertising for bids or otherwise complying with the requirement of competitive bidding. ' The city must keep all quotations on file for at least one ycTr. if the estimated amount of the contract is less than $10,000, the zouncil may make the contract either upon quotation or in the open market . As far as practical, the contract should be based on at least tw;, quotations which the city should keep on file for at least one year. 66 For all practical purposes, the procedure of purchases under $15,000 is the same regardless if the contract is over or under $10,000. If the clv publicly solicits bids where the law does not require :z!mnc1i11vc bidding, the Court has held that the city m, st "pursue such method in a manner reasonably designed to accomplish its normal purpose of giving all contractors an equal opportunity to bid and of assuring the taxpayers the best bargain for the least money." 67 Competitive Specifications When a city calls for bids for the purchase of supplies or equipment which are competitive in na- ture, it cannot prepare specifications to exclude all but one type of supplies or equipment . 68 While the statute does not app!-, :n c(.nstructiou con- tracts, it is clear from the Minnesota court cases that the same general principle applies. The proposals and specifications must allow free and full competition. They may not give a prospective bidder an unfair advantage over any other. 69 However, a city can include a reasonable specifica- tion, even if its inclusion results in fewer bidders being able to bid than could do so without the specification. 70 Specifications must I.- sufficiently definite and precise to afford a basis for comparable bids. 71 If the city cannot determine in advance the number of units it will need, it can ask for bids on a unit basis 72 The city should, however, estimate the nun. r of units since the number may affect the unit price. Rejecting Bids The local improvement code Wives the city the right to reject any and all bids. 73 Because of the statute, this right exists even if the city doesn't in- clude such a statement in the advertisement for a local improvement . The same is true of any city with a similar charter provision applying to other contracts. In any otiier case, the ciiy may and should reserve the right to r::ject any or all bids, or to waive informalities or irregularities. 74 It is possible that if the local improvement code is not involved, and the city has not ,reserved the right to reject any and all bids, a court action could compel the city to take the low bidder. The council probably has authority to waive ir- rcgularitics in bids when they do nor result in a substantial departure from specifications or favor the bidder guilty of the irregularities. 75 A failure by a few minutes to comply with a bid deadline or a failure to seal a bid until after it has been sub- mitted arc irregularities which the council may waive. 76 Lowest Responsible Bidder Statutory city contracts and contracts of ..:I cities for improveme:its under the local improve- ment code mug L go to the lowest responsible bid- der. Most home rule charters contain similar re- quircmcnts which govern contracts not undo the control of the local improvement Lode, but some use varying terms, such as "lowest bidder," or "lowest and best bidder 'The bidder who submits the lowest hid in dollars is not necessarily the "lou-st responsible bidder" and the ouoted phrase gives the c,-until reasonable discretion in choosing among bidders. 'Responsibility,' in bid statutes, means not only financial responsibility but also integrity, skill, and the likelihood of the bidder's doing faithful and satisfactory work Pror-: • as, for exampic, is an element of responsibility. While it is not clear under Minnesota law whether a bidder has a right to a hearing before the council rejects the hid on grounds of irrespon- Page 360 Handbook for Minnesota Cities TABULATION OF TWO LOW BIDS OF TWO RE'EIVEL PROPOSAL FOR '988 SEAL COAT PROJECT ORONO, MINNESOTA *ROJE'_'T 000 BILE N0. 13944 BID OPENING 10 00 A.M.. C 0 S.T FRIDAY. AUGUST 19, 1988 PROPOSAL ITEM r,esc, tp ion S'RE(" SEAL COAT B !u- nous waterial for seal - FA-7 seal coat aggregat- to TOTAL BASE BID S:0 BOND, CERT. CHECK, CASH DEP. FIRM By TITLE ADDRESS `r'_EPHONr NO 8 r, AUK," 1. ALLIED 2. ASTECN 3. B_ACKTOP CO. CORP. _ Quantity Units Unit Total Unit Total 12.200 "Is. 0.77 9,394.00 1.70 20,740.00 610 Ton 14.88 9.076.80 22.00 13,420.00 s18,470.RO s34,160.00 5% 5% ALLIED ASTECN BLACKTOP CO. CORP. J. CAPISTRANT BRUCE R. BATIER VICE PRESIDENT PRESIDENT 10503-89TH AVE. N. P.O. BOX 1025 MAP.GR., MN 55369 ST. CLOUD MN 56302 (612) 425-0575 (612) 2-3-9977 I he-eby certify that this is an exact reproduction o j�bids received. / Reg.No. 9451 Y Glenn R. Cook, P.E. 4. 5. Unit Tote! Unit Total Unit Total • 81 788. 3 ` TO: Mayo: and City Council �,��FROM: Mark Bernhardson, City Administrator BUG 2^ DATE: August 17, 198B U 9 OF CR9t !"UBJECT: Underage Consumption Attachment: A. Underage Consumption Memo Dated 10/88 B. City of Edina Ordinance °9.05 C. NPw `fork Times Article Dated 8'; -id ISSUE - Underage consumption. INTRODUCTION - At the Council's July 11 and 25, 1988 meetings Councl1 held discussions relating to an ordinance amendment to make it a misdemeanor for adults to allow consumption of alcohol by underage individuals on premises they control. i,he Council felt the language 4as overbroad as presented and perhaps too intrusive. The Council tabled the matter for mcre input. D_IS_C_USS_ION - Tn an effort to provide further information on -the matter Chief Ki ] bo will be present that evening to addre:: ; any questions you may have regarding this matter. In additio:, the staff is looking to see if them_ is other language that -nay be more acceptable to the Council in this matter and perhaps the City of Edina's recently enacted ordinance provides a guide in trying to limit the situations in which such an ordinance would be iised. The attached article address-s the problem on a Nat- onwide basis and mentions the DARE program that Orono, Mound and Minnetrista will be commencing thi•5 fall DARE (Drug Abase Resistance Education) is focused on 5th -6th gra,-er:, to build s,lf esteem to resist peer pressure. Additionally relates information would be given to K-4 3s part of the ongoing "Officer Friendly" program. Additionally there is the possibility to get public comment through the use of the Mayor's Article over the next month. A °NATIVES - 1. Accept the information as presented 2. Give :taff further thoughts -)n the matter 3. Tablo for public ' —it 4. Table indefinitely 5. Take no action RECOMMENDATION - It is recommended that the C:.,: cif ccept the information giving staff direction as to winethe a mos � nai rowly drafted ordinance is the type cf diiect'-n th,t makes se -se to ahem and whether they would like a-lditional pu._ lic input on the matter. PPOPOSED MOTION - Moves'. by __, 3econded by at the Council having given comments to the staff recommenc' it the item be tabled to the 7ctoher 10, 1938 Counci meet i 'eyes _ Nays 1. 7'208 TO: Mayor and City Council FROM: Mark Bernhardson, City AdministratoO DATE: July 20, 1988 SUBJECT: Amendment to the Liquor Ordinance - Underage Consumption Attachment: A. Tom Barrett Letter Dated 7/1R/88 Including MS 340A.503 B. Draft Ordinance - Teen Drinking Parties ISSUE - Presentation of revised .quor ordinance regarding rEs_oonsibi.lity for underage consumption. INTRODUCTION - At the Coun:il's last meeting they adopted an or'cinance amendment -eguarding responsibility ^f individuals allowing alcohol consumption by underage individuals. At the request of the Council the City Attorney rczearched the matter and revs-.k,ed the Ordinance. DISCUSSION - While this Ordinance does impose a duty on the responsible party of the premises 3t is not in State Statute (except for license holders), t. State Statute does state possession or consumption of alcoholic beverages by an underage individual not in the household of his/her parentn or guardian. AiA,'ERNATI VES 1. Adopt as revised 2. Amend and adopt J. t «dopt leaving prior adoption in p !.,j:- RECOMMENDATION - It is recommended thy.} the Council ad<.pt 'the revised ordinance ?:nguage. PROP,j;4ED MOTION - Moved , s^ seconded b,� , t'at the Orono City Council adopt the draft ordinance language of Attachwe A as a substitute for the amendment ado ted at ;:he 7/11/88 Cou 11 meeting. Ayes _, Nays r. B WAYNC G. PCP.AM PAYMVIID A HAIR RO rCR W. SCHNOBRICI+ DE•IVtP MALIr.AN ROBC AT A MINIS. PQ.FC A. WOROEN G.;APC, WHITE.0 AD BRVC[ D WILL 15 F RCDERI CK 9. PI C.ARUB G.p0BC RT JOHNSCN GAP(' MACOMBER ROBE AT S 8URK MUG. V. PLU N KETT, 111 F AEDER-CK C BROWN TNOIAAS ..BERG JAMEB P. STCILEN J AM[S B. LOCKHART ALLCN W. MINDERAKER CLIFFORO M.GRE ENE O. WI LLIAM KAUFMAN MICHAEL O FREEMAN HOWARD SAES MYERS.II! .ARRY CS PCL J AN 1E S-MAYERON THOMAS J. 6ARRETT POPHAM, I• iAIK,SCrINOBRICH 61 KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 ))) JAMES A.PAYNE TELC"ONE BOSOQ LIAVIO A JONES 612 3 3 3 - 4 8 0 0 BAIRANDALL LEEZ SHCEHY YIMQTHY W MUCK ♦I LAFRCCON TELFCOPIER CAROL 8. SWANSOI LESLIE GILLETTE 1].1612-336-271] BRVC[ A PEtCRSC M IC.AEL T, NILAN ..0 AE T NILAYNN 1321612-33-'2%81 JUIIE A. SWEIT2CF THOMAS C. MIELENH Y.0. AS M. SI PKINS 13,1612-]]A-250] MICHAEL 0.CHP15TE ROBEAT C MOILANEN J MICHAEL SCHW/ T.OM AS F. NELSON TODD M OHNSO JN TM0MAS J RADIO SUITE 2400 JCFFREY P. CAIRNS SANE A. K=LI.EY A DVID L. HAS HMALL 1200 SEVENTEENT. STREET LOUIS P. SMITH SVSAN M. WEIS K ATH L[EN M.MARTIN f7 E:NVCR, COLD RADO 80202 SAUCE H. LITTLE MARV. F PALMA MARK /. TEN EYCK D'JANC P. NOECKER . 1•I C-CNILDR J C TELEPHONE 303-803-1200 RUSSELL S. PONES5A OOUO P SEATON THOMAS C.SANNER TELECOPIER 303-093-2194 BRYAN L.CPAWFOPO pi CHARD A. KAPLAN MATTHEW E. DAMON S RL'CE B. MCPHECTERS SUITE 300 SOUTH JOHN W. PRO VO OF COVNs[: SCCTT E RICHTER 1800 M STPE CT, N. W. CLLCN SUE FARMER /RED I.MORP5ON PAUL J. LINSTROTH WASHINGTON, D. C. 20030 0-3000ORY G. BROOKCR SCOTT A. SMITH TELCPHO14C 202-828-5300 WILLIAM M. OJIL[. JP. DONALD M. LEWIS TELECOPIER 202-828-5318 TER RANCE A. COST[L.O JOSEPH D. VASS E_ZASCT A THOMPSON KEIYH J..ALLCLANO DIRECT DIAL NUMBER BRIAN W. OHM ••D"ITTtp IN IOWA MARK B. PETERSON STCVEN A. CH[LESTIIK •AUH1TTt01. 1L0N0IE Mark Bernhardson City Administrator P.O. Box 66 Crystal Bay, MN 55323 Dear Mark: Tuly 18, 1988 2 0 %8 JUL. I hope this (?raft is closer to the mark. Under Minn. Stat. 380A.503, subd. ? attached, the underage daughter-in-law pro'ilem cannot be. solved. Let me know your reaction. TJB/dlb/5069j Enclosure Very truly yours, Thomas J. Barrett ORDINANCE NO. SECOND SF:RIF;S AN CRDINANCE AMENDING SECTION 4.17 OF ORDINANCE 32 OF THE SECOND SERIES REGARDING PERMITTING 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-ntitled "An Ordinance Relating to Intoxicating and Non-Intoxicat..ig Liquor, Licensing, and Regulation" is amended by adding a new subdivision 19 which reads as follows: Subd. 19. The following terms, as used in this subdivision, shall have the following meaning: a. "Person responsible" mans a person who owns, rents, resides on, or inhabits a premises. b. "Minor" means a person under the state establisl:Pd 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 person responsible for a premises who is present thereon must determine whether any individual on 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 household of the parent or guard an. This ordinance becomes effective upon adoption and publication on _ Adopted by the City Council of the City of Orono on the day of July, 1988 by a vote of ayes and nays. Mayor, City of Oron-) ATTEP- rot y M. Hai lin, Clerk 5069j M i 11)t ()u ,t t 14f„ 401 RETAIL SALES REGLLATIONS »0.001 RESPONSIBILITI' OF LICENSEE. Ls erg licensee is responsible for the conduct in the licensed establishment and anv sale of alcoholic beverage by any employee authorized to sell alcoholic beverages in the establishment is the act of the licensee. I I Mory: 19S5 c 3W art % s 1 340A.502 SALES TO OBVIOUSLY INTOXICATED PERSONS. No person may sell. give. furnish. or in any sway procure for another alcoholic bcscrages for the use of an obs-ioush intoxicated person. Ilistorry: 1955 c 305 art i s 140A.503 PERSONS UNDER 21. ILLEGAL ACTS. Subdivision 1. Consumption. It is unlawful for am_ Ill retail intoxicating liquor or nonintoxicating liquor licensee or bottle club permit holder under section 340.A.414. to permit any person under the age of _21 \ cars to consume alcoholic beverages on the licensed premises: or 12) person under the are of 21 scars to consume anv alcoholic bescra¢cs un;css in Subd. 2. Purchasina. It is unla••%ful for an\ person: ill under the age of 21 \ears to purchase or attempt to purchase any alcoholic bc\ erage: or (1) to induce a person under the age of 21 scars to purchase or procure an,. alcoholic beverage. Subd. 4. Entering licensed premises. (a) It is uniauful for a person under the age of 21 sears to enter an establishment licensed for the sale of alcoholic be\ erases or and municipal liquor store for the purpose of purchasing or has ing screed or delis creel an:. alcoholic beverage. (b) Notsslthstand;ng section 340.A.509, no ordinance enacted b) a statutory or home rule charter ctt\ mad prohibit a person 18. 19. or 20 >cars old from entering an estahlishment licensed under this chapter to: (►) perform wurl fut the establishment. including the s(rs ing of alcoholic bcs er- 4Ls unless otherutse prohibited bs section 34OV-112. subdivision 10: �.'.) consume meals. and ;) attend social functions that arc held to a portion of the establishm,nt ,shcre 1+4u0r is not w1d. Suhd. 5. Misrepresentation of age. It is unlawful for a person under the age (if !I tri claim to I,,- _ I scars -W fir older fr.r the purpnsc of purcha&m,• 0, , oe+r►y,cs. Subd fl Pnof of age. Proof of age for purchasing or consumrn` alcoholic *1eraiws mas be estahh%hcd onl% hs a s alai driven license or Minncsota identification curl fir in the time of a lowitin national hs it valut pasapnrt. IN'rEROFFICE MEMO 'S"v DATE: July 6, 1988 TU: 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 their children were pl. _ked up at drinking narties . We are also sending letters to parents where cars have bE�en narked in the area. We have had splendid results, many parents were not aware their children 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 hcpe 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 5/5/8F.: C. Final Report -Drug/Alcohol Awareness, dated 6/8/88 As a followup to the work done earlier, it is reriuested that the follcw 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 report from officer English related to the Department's efforts on drugs and alcohol and the reaction of those in the schools. Alternatives 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 MINORS. 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: 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 allow,;d or permitted to consume intoxicating liquor or non -intoxicating or intoxicating malt liquor. This ordinance becomes effective upon adoption and publication. cn Adopted by the City Council of the City of Orono on the llth day of July, 1988 by a vote of ayes and __ nays. r ATTEST -k Mayor, City of Orono 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 Prohibitio,is for purposes of this section, it is unlawf .l to: '.YON-INTOXICAATING W LT LIQUOR Subd. 1. Person other than the parent or legal ;..ardian to procure non -intoxicating malt liquor for any person glow 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 than 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 gaurdian. Subd. 4. Licensee or his employee to sell or serve non - intoxicating malt liquor t­ any person under the State established legal drinking age, to consume non -intoxicating malt liquor on the licensed premise, or to permit any person under the 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. fi. Person unOnr the State established lega' drinking age to enter licensed premise for the purpose of purchasing or procuring intoxicating liquor Subd. 9. Person under the E, established legal drinking age to be in or upon licensed int..; -ating liquor premises except a restaurant, hotel or motel, and t. . only if accompanied + by at least one of his parents or his guard -n; and it is unlawful for the licensee to permit such person to remain upon licensed premises. Subd. 10. Licensee to so11 or se, .,, intoxicating liquor to any person under thf, 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 l(-gal 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-intoxicat�ing malt liquor. Subd. 15. rerson 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 u.:lawful for any person to sell, or keep or offer for sale, any non -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 14ALT LIQUOR LICE?SE. Subd. 1. Applicant. A club or charitable, religious, or nc.n-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 r -ving non -intoxicating malt liquor. Licenses may be issued for :serving, in addition to other premises, 1, on and off school grounds, and in and out of school buildings. ORONO CC 77 5488.5 TO: Mayor and City Council C '. \5�� FROM: Mark Bernhardson, City AdministratoII�0 r DATE: May 5, 1988 1 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 protlem. INTRODUCTION - Ttl police department has been frustrated in their efforts over the -ears to deal with parties in which there are large numbers of often underaged 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 hzve been situations where parents have actually been home when consumption has been taking place and either claim that they are unaware of it or that they thought that it was legal to undertake such when the minors parents were not present. DISCUSSION - The objectives that the police department is trying to achieve eventually in a comprehensive manneE 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 adopc amendments to Ordinance No. 9.29 and 9.21 as outlined in Attachment C to more specifically lay cut 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 9.2�, and 9.21 to more definitively reg late parties which generate an inordinate amount of noise. Ayes Nays cc: Brian Crawford, Popham Haik ORDINANCE NO. 905 AN ORDINAN-.E RECUTATING THE USE OF ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES AT OPEN HOUSE PARTIES; PROVIDING DEFINITIONS: AND PRESCRIBING A PENALU THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions "Adult" means any person eighteen (18) years of age or older. "Alcoholic Beverage" means any beverage containing more than one-half of 1% of alcohol by weight. "Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to Edina City Ordinances and Minnesota State Statutes. "Residence" or "premises" means a home, apartment, condominium, premises or other dwelling unit or meeting room or hall, whether occupied on a temporary basis or permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased or under the control of any person or persons including the curtilage of such residence or premises. "Open House Partv" means a social gathering of persons at a residence or premises, other than the owners thereof, or those with rights of possession, or their immediate family members. "Controlled Substance" means any drug, agent or substances or defined by Minnesota State Statutes. "Control" means the right of possession of a residence or premises. Sec. 2. Acts Prohibited. No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the open house party by any minor, where the adult knew or reasonably should have known that any alcoholic beverage or controlled substance was the possession of or being consumed by such minor at the open house party, an, e e the adult failed to take reasonable steps to prevent the possession or consumN�.ion of the alcoholic beverage or controlled substance by such minor at the open Douse party. Sec. 3. Penalty. Any person violating this ordinance: shall be guilt,., of a misdemeanor and subject to the penalties set forth in Ordinance No. 175. Sec. 4. This ordinance shall be in full force and ei-c t immediately upon its passage and publication. First Reading: May 2, 1988 Second Reading: Waived Published in the Edina Sun -Current on May 11, 1988 ATILST : /a/ KARCELLA M. DAEHN City Clerk � s WA" 'RI NE 18b-1D fl A. 7 lN�,r a i y''pit • ,9 t t:St �c�. '� .. ..mot ,`',}r*ir h: + .. ; * ... �r — pI' �, '` I -! �L`..a S ..r.a.• +..a.YAaat.rl:«�L..:ter".s...�"rr'7"+..�•..r..i. .:23� f-tj 1.►a.....c..:..J a i, �. as ' 1 - M The Teen Drug Of Choice: Alcohol ON ?ANIyINt7 m ltlmt ulhis seventh grtxleclaa. a his H a rratlan,nrt■ h',r Iofcntarmpumauhech..lklp,ard,Willy s , asghlen,d his avial-,r Kla+ses, shifled his wr,K,RI f r ,,m foot h, faln and held nut a 12 t ant a c: m mar Itrd ' I -et ' "Wont voa#,W* hr a - ked the teacher. his vnu e p rrt hray."llo, par t nerv,.1M1% "Nit. I fim'l think v,," she ire I-rr, aatd "Sure," axked'.t'iliv 'I Told You.' the Ir i. her Ihnmhe d, his none 4k•nly angry. 1,F,n l -at ariv Wdls ... 2S mtJdk-v MsJ a,edema m aulqu'• m I At Time :re IearnmK otmout drinkinK Spruf , ally, ha ,i. 1, i;o l allumtaxta that tmildari,r inevera'dav Mr. to-� are lrarrilnp how inn todrltrk Hot calm cl,as i, d Iferenl Irian their altror, la,sea he teacher is,, pa AT. r wrpea tit with Tit-, phtx r Smith L N r 4M I— •i ser .11 h,,, hipI he nudpmr„ rnpd mn hl mare the K'rn vor did th1*1 mitise that the I an that V. illy offered Sal Jams Ai W-rdi•r was at tually an renrAv t an of dial calm 1 ­1 Teti with a hand made Ish t that ia, + beer " Owl they paid i,.ar/ttom.m to Aet Ream Allender 0 earlanall. ,1 Mew prasple ,pe aasertive"vialt passivity am) mKKrp,snai 1*1larrMorr Inetrda,Mn hwu.R a III An the hoo, i,.nK .1"writm,:nu.d ih.• itarnto trvrddlferral wmy+ 4 offs"" aerRrara A1Mmlrr • tw r Race weer p.ldr, M,tae Ilaall RearieA, avae ,ilrsrMsrM Atww H�wa ro • w Me aaatrwP,au,1n $tan of file Mew Ymra "am a By James Barron Schools are devising tougher tactics on drinking and are starting them earlier. serKl'anl AlIvrpbt d• t load (airmail l.adpr. the claw, lalked alstul mit h n1 la,ndus•,l, had le en the ma,• efferime "The lone lit- ,1ffo,rtil me IN It, er :sod 1 -art ?ln• Ihank, i d,n,'l hkr,he I. i•ae.' m,w th.,l'a a+d V. vt 11m•,"Sr rit,ant AIIrndel sail "Wouldu h e.e wlrkrd d 1'J+anl II'+tav"au,r u'` krnnp tnKlvr rrie hwr drcaae° h..,m• 11,rr grntmR In Kt.e isle fiver dI•.ta•e� Ir. lik • • r kmg.r,d I -Int ••• Aft th•,-I r•.•".t-, lh ,t are far ir. the futurt are rov all that Rout" 'A hrihet thins c 1mr, I„ moil Ifir tread 111ne anm<"M h.: �,,: •. Y dh .m In •r 1 1+ m -,p-'n Vtp' .1110 1 it lh•• pne lour,he , 1;l rnlor, eme"I w itW 'Prv-1 Puldl, ltr .,oil s ww•pinr,t•dw'.r(ir,nal t amp iwn., al, ,4M4 i, a ill l he dear of, More among teen -ape At k• „1 Ilk) IMia clementara •chi l ryildien repast Ketlaip drunk ,m a w, e&,I% h.1,i,, , ordlnK it the AmerKalt (-,mwlt 1nr Drug rdw anon. if mMrM+t rmop!!wl orramte•• I nnfetenre+ and rn mole, arnl pahTaM•v re,eatrh Ihe,rsahr w - r1rrsX&Inh14-1fw+e rn.Ir.yI. ru a"ts m a time when tither forms 01 aittwlam a ah„e aptrar i., he derrra•,ng T„ r,mmrr the trend. tl hM is are ,Ile I raslrrgly nirmnR trI pays h,aaRi,r a. pnet;n•�p cl nseiUr\ and taw-enflxt eon-M uffxet+ h!e "to Alle,Kler He super+, ar, Piulrr I DAN L. a pool ptnp ram of the H;t l t im, Iry t t"WAY P14tt a pe"rle, ... .1mI�M kit.Ii �M.,ltr,.trd, w'hp h the drupedUltal,-in tawrd•. ,In.xR•n .nr o„h: m.r.+I proms-.IwK PrmR! errs The evpirrire +uRKr�Is thins irmfRrtahave • I,m.� .my to F1 hHe" th-V I hmvW Modems ttsnrda all -he I to Atari aril*** In New Took WOW, to Prn@M a: iM *imams to a Carew ttatirm tls survey repay ales ihev h.,d tooted hgnur twforr III, a moth Nr.hda, and I,,, pre•aure rods ink iw reasrs with .tdlolev rat e A 1.InvetcJy of Mp hw.,a -•owl% I alnd th.d o2 prrtent'.I senior, had t.r-I,•d .J, „Moto Iwu IMrd, h Ll h:e! dank in t lee dnlrnlh ls•h nr ,M -arveY mind tin err ll :,aa,hudhad 4,*ndrunh,nthepr,• r+hnelw,wrrk•. A,betc,n a trrM•r+t, N ti' .:, &,'Yaks suhw b 1. �'toA Shad �d:k r !,r:: aura drink iwp re arnxw+drmk tR„r umra a, mtat'R as I e• hmM and :tin.,rr I w n r a, murk ma a,ryMom„r,^. ..,Jma taay ate V.-"'r. fit 'Pl. dr lnk "llf u i to r •; :i+nly "aald .T.v'p^ 1H •. Mn. o:n. drt•+ 1, 1r ., •h•• �. •. M•rsl l'.twhl,,,n J.whn t.h .1 ..-•nhn.�i• r:• • try, "tM•y Jml la i„ er Ii .m • .I pruRMm In t smite. it IA a vn Imwr „nf",t IJat at- 11 mwke< the %n ihu,e mw h m„, r JOt,rull to deal w11k . ,t"ll,. It.— Ihr• smher•, --a ,, N'" Air wchm • rr v tin A ,ir ak•.4 1 1" to wxh la helm - .rsl aerpw,. petit+Min. pint „-n1+Karr KplTrta drank, al•• anafi ••i - I,:,ar �! a q k 1,eh' +ttRhdfv mole• w• Nrmn skmry+,na +calmed In the Ma Atpan anids 24 t r'r<rM hit that a arm* I d.,r pored A threat I.• he Arli of •••,fen y, draptle m- Is e Idrm a `Rai . a Iaetlw in thrwa"e t. of alrnprr.gl le mrr,deata ... "Jr. xi.'. i, 1r'e ir.•, W,'ra I "Ilew• who.'se It. Illy rrrrargR Wes< '"TV ,w h r ,{•M1 • It~ Mime met wi•.11, e,.J • , re•, lax ,Taty 1,y +1 -do. o. of rite I ram,•. , may rams mt r tw Ar le, les h. A" r1 mombdm►ea wft» . •-a„v suers al mk:tlr atdi� w MNIi rclaal ., a* lobe" psatl >M raiftowtpiara ' .. -�.. may•arWalmaafaatatMra trtelwly M • ' k. 11,E - � 14•e.n• , � . New Ylrk I fnlvcrsity%I.ir iu- ate Sth,x,l of Bltsmess Admm- Isir tuna—.l le.ilk-i in nunAccment educatio n—pre pares ytxl for wctcv on the In,nt Imes of Mnlnrm. Anu- ng the A ills yw'll gain fi,r effec- five management are pen+lcm- sllving ttnnfegles aid persuatece Techniques hit management communication 11'r,wh the use If video, techrrd,gy, you'll have immediate feedback (m oral prexntat arcs. C)tn 1X1vtchcstef M.B.A. ingrain features the same nponw cumculum and dwin• gunhnt faulty as that tdkn'd at our New lark C:dy campus Acardite,J by the American Asseml,ly tit Cillleglare Schools of Business, this parr ,moor, evrnmg rnctam pm. Yldea a clemrllhcn%Ive and dyryn tc ed1 Ation fit general n tothar ent. finance. (,I flnarte r /mtemal a a ial lxomea An Olsen 11-use I- tall 1989 ag phcants will be hckf (k,Ibef 18. Fss' rule Infrxrtia- tkxn, call (914) 6",11575. N_ t ...dirge +, AxJ+tier A�agArerYla ss klsakerrl,�r Gdhp It. .nr ' :.i• I on half .fleet, I'- Ms. 4 Y all t, : 'Il.11 0,. \.I .I 111., 1111 IIy 111 I,Y•11 .11'1•t •. w1111 IM 1 �I-a111.111v ,11.IIk l,r ll"l' dlln"•:It .... ml l;alh- ti I uu', +ullrrrJ n11 la,togt nrgn• . t1 ,ee4111.11 in ... I Ihev could noI M• dfs- nu• rInnn I,,,rn.wYe . who n.'vrl tiled Jrul`., Reviewing Stratefyry 1 Ito pu,h h, I... Ih-11111kugS , re f... ma, mew a•. Ix to if I'll munlh N'vnllttllit Ix-1-111 r the" ugh so tit. lu du wI — pn.mpud rtldn+ p.trl+ns:Itllf Wa. hell illrl•- lunk Ihr akehotrdutatum •.'I,III'etll•, III 1-11„hlsll+ 1111.1 I....... hl lw �1111it,•!: Ifl't 1, Ilreir lxnhr, wh.tl ,r ifinitis Merv- Intl why they r mid mx drink and drive Ihis .._._ .. - .. ,.. -r,pnn,il,l,- drinking" appr,l:Ieh :•. a, , iraightforwal d, but (,or the Off ce• Fiowaf41 C. Igesso• fillet ifIg a ituder.t .1 "tn cr" .41 a "',•'.1 pan It did little In rrdure I lereford, Md., scliool as p•Irt of in anti -drinking; prc'gl •inn. , J, olatl ahlse a mlxlg 1Mn agert .. tole +It Arrpy," acturdmg told Yu1k Stale repent filled At the mrssag,''It'%O k In sav iw.• ant, MI(1 Iola: diunkrn term ,f•w , ohA The (:alew;Iy I)rug. pre' Ihal alcllhol use Is I'll- rltlrm and agar, will call hus mfor a rife of teke the parr d lumtly by the tall" afilm tit,•,.u•,c ,s merely an at(epl:lble .Jlew a . ,her friend Ill car kev, aesav lteforet they gel Wpa"Ima-lit and Ihr III%i,ion, of devo,ilanl" lerhlnd the wheel Bc•, L" I AIcohill sni and Alt,iMd Abusc-, Instead. more and more 111I•. I'l,1gnk111. Ihr executive dlrn I.,r Impolitic that 'r -sryinslble scMx.ls, lakmg a hard are A the. Amenc.in f uunrd I1-1 u„- Is .1 way tie preverol altilhol 'responsible'.' dist,ner igmµ the u.r .-I Ah-•Ihel th" paralicl,.l ttdrr It Drug Cdllcafi.ln arguf s that rnld,km+ %uggem. oft that %rime hrre,gxeeslblhty' Is entirely "trro lok'rance" pror!ram. whit If that 1%hilt entaq!h at the relief of alctlhel pr,lblemr, has distribulyd morn than $100 sultiteq and 'ust•; suggesting than n/xI- million the% year to %( htxd drug- stMx lswtMnf tearhl tnformatma txlt parentstreed to reinforce it P use, the ,lily cream way hl pre- prevent pri,gram+ and Interject vafurs,• Mr f)1n911- vent alcuhul problems, is net a But while ,I YMMef% lilt(` writing said "What you find is. many way off prevent alcohol problems new and tirugh language into oft ,chllnl svalem% frel they're In the application of this str t their it,st-n plans. many pamnl% swimnung upstream egaln,t egy. me legitimacy of the choice hesitate when 11 comes to Impels- kid% who -re having unchap• :- ill abstinence may fir ignored, or, mg %uch slern measures as cut' un• eprrvi%ed parties and as more recently addressed in few% and chaperone, Sc~ par- mx•d, One greattldegree. TWO great faculties. The Baruch/Cornell MS in Industrial and Labor Relations. 11 you ate fesdY to frrstall yo1„ lux polenl.e, " OIo'"^h ar0 Ioademst.p ;n NM fteld of erldutlflY tan and & fow-tos. Irle BMW PvC„1net1 Master 0 rlcleKS on Indk4l, f and I six pele,An% ll.lilL pf pwpfsm a to" go h" you sclxave I"I✓ pfoiess,orw Von 6 -he MSIIR pfopfarn N„ `(ly arlefed by BanClops Of I, Cof Ylle CsY Ur,.e'sty of New Yr�dF end tree New Yofa Stites School 1v lnduar,ty and Laoof f1Ma' Una sl Coring" Un^fers'Y IOCusa" oe the grew of e,ersarlel en0 Anne fit',vrcea mwprvr.nf soa YM MSk p pmWas slams svte-I ors rakly Of 14111olit^p'^ "alga Yo, k nMfollaim►a sa Ir, l .'i Pcir VwtY b puma tMf p�aolwr taiaoee ./Ifb ttlerirs Q 'hen ou time CI.aMeniMe pMlreAN/Na ti • r •.... r °a k Tea d n.Ab.rr MsidMan el N a" turgorr-o' I 5tw" I r., Iwar/+fAlwteal7rYM/gig door "'A :.:)f moo 0511, A hop+sm r .,n, Ifle ceUvon, as aaftfa `', iarn 1 J I erwspta„ Avf/xaa !n. pp No. Rex. my MU13 .40 {ilif riy 1125020111111 MEDICAL BASIC: SCIENCES and BEHAVIORAL SCIENCE REVIfLiN COURSE Prt-paration for FLEX, ccfmc, artd Nawmal Boards (Part 11 exam,; Octc6a 30 — Noveaaber 6, 19" oar Fibrrsatiaw: 011., t of < nr•r•.wlna ♦federal Ed- Axwl. New VIA 1,4,4 AI (:.sleet valhAia %V I:K'r i �414) 'ef 1 aaa- f "1 CorftxPali 1/ 11t1aMtgaia C7MMga ,ewee, stew a in .tr.....ar� ��v„r r 11.rrs-.s . inlet r aw— se,wew aawlewwe � _ ._--------�__ "� x •; =Y ,ways w' a'e e �_ �ie .�.•"ssrwT el•er�er dIF ssyasatar.rxxe.a► e IL 1.t1=iprl�a —..—--- aarsraa ss.eesae� .•.. .,.. ,.;`. ��� •.�•i:lie•. •lit _ 43low lonrrius who ate tonfu%rd about urh.-t age drinking "at's ufitk•r- mlmng wh.tt the v. holds do" set, the- front Imes etf the battle egam,t tern age drinking. Jam.% du,erman, the recent spu1 of Perry Hall High School in Bal- umore County, w clear Iv uo om- flrtublk when parents rent lom„umnes trod roams, in hn:d hrt••Is for rtudents. "That's say inµ that It's all right to gel drunk loerause we'll drive you hack," Mr Bowc•rmansaid "Tha1'%43v mg it's all right set get drunk on that new big night, but fit,- rest of the vear it's inn That', (confusing I,crau%e is contradictory And until we go sear act straight. , ,..ill, i n rout• its let, a pc nbk'fn .. Why Do Tams Ork*? tyhv du fren agars drink M all'% itw conventional an%wer is ,h t I$, c are driven by pressure Irvin t. tr peer% Manv te-ulu-r% nlunb,r the pis ,sure simply by .xuu; le%m-aRl,r% aware tlf 11 �'..rr Hampton,, a lunh,r al t} 11J11 Herb 1i,•.1' who had 'ir,o drink oh,-tn he wa, a I. h i,iader, fAr .ill. a , I r,%- n..•u w,%hrf it, which tire, i,. her talked it.mltlfmk.ngto o -n l Ise in adwl I didn't rt ah- ohm'% writ, I d,a• k. - hr catd "I'd drink f.tsil, o ,,aril( I don't even like the tw,,, '.' later. And 1 thought I knew rl lent a Per better than to •u"yr: itngwith low crowd " I lee .,., lit drink done•% mil jr., 1n,rn peers but from adver 1, -twnl% Tit lern-agera for OLIEGE OF 1K 'A Ra1A Cooev, a diem, ed'irAton 10a,01 v "co'!e9e le" nnh the prp,ena o' Sweetest notch am he yw/arw. six 'low awn cane to IM C~ of 9ora Raton. I;tvettilfoed 9'ralnn in cowl trw^r, hie 111" p awe' teld,nl ro tin AMeto *no" nv Bxheia ,A -%,a find"meow Bull. ra ..,M- Per tr,rcdlc rewo as to low* w e UPWA wR' Own tsnrad ;kK.A FAT"' Critelli, 400009etsa lit 00 WIN" Trea , - __ low" j whom adleenel I% an ordeal, atvrrti%ements offer bill., hilly, that sent- drink, or two, can trans form gawky, gangly terser-aRer% Inlet the (on Irwin:. Rood-llnkinµ typrs to %Its k frlevosi on rnmmer- coal% "or M'A'S'H. 'said John Stemsen, a junior at Perry Hall. "1 hey're all %n drunk and happy. go -lucky 1'ou don't %er the the owing up - live ause ad, far beer and wine — even wan. ctnlvi s — areub cl. allou%, educators woffv that ever alter% are (rnlwrd by (tit( fltchng messuges (m the tine hand. adults tell them not fit drink and drive Ilul, as if b) denoin%lraie a "du a% I say. till as I di' attuudc. m.tnv re,mnl% gel fit Ilia u,•%. drink In, r( •11.1an they ,hohdd and make it horn, w,thhil th•unµ afr(strd for ,Irty Ing w hole lo-o l" -ur 1 — or he ,V file an , , 0--ra "It-• a p Pit,, ,, Lilly difficult pndd. m wth ilco hill because o ;d . - -r is, u,im! a... ulI sobllf•1 :••1 ••vat• nit I'll throt lit', .,cant-, 1% t• v olden They hill .n , d to 1 . 1k v 1h, iw%, r,.,m is %t.' 1. 14, drmk,nr . Starting at Age 5 \lam xb,.d ,vd,•r .• h.r-,-.t. o nhd Ibis: the' riot was ,o :,. It- w hlag ohr %uhjrt t rr 'o. r rh.m Ihev u%rd set Us-% e.otty" %Ir IN,, nlnr[ sur'l:e•,l% :age S "if visit wall 11n11i kid, are [aced with a dr,-i%n on." he sad. ' "w're a:•o rat- ly adult%n•nt r .nxl het• w .!,I hear a word waYr-r, %&L: In Baltimore f,lmly. %laded% he gin ... learn ulsml alcohol in the third µrack Naunn'dly. Mr Ihogoloff be- Itevr♦ that rlrmentary sehirol% are dnmg a "fairlie do's ent pdi' of itAshung the harard%uf at(ohol " I he real isslrr. ' hr said. "I% rem• fart inµ that infurmmuon as they gel Intel Ire, derr,on-making years " On a let rot visit In Milwaukee, for example. Me (uoyoledf asked a fdlh•grad,, class to describe what al ,hell d t, to the Itvrr and the Aram "the hands were wav- inµ in the air. Ihlt just %homing up." he said "No surprise there " But tV righih•grad•r%, although the had learntd the same tits, cat rr wavering And in the ninth grant.. ]Ir Ih,gobdf Island hum. ,cIf it hu.ldr a•nrio uy One olu Jell stood up and .old. "How Jan .nil %ugl:rsl we not drink carte ,, I. I The v're nil, dill," to th.u, Ron! \lot " k.in:darl%. in a Nurlh fari,bn.� p..q•t,m ,'I','d "Fin tirx,iit •I,ownt, its „ r bed how mu, h aL .tint ties v drank Srsth-. vwh all , q•hth gi:,l, t, v l•,. r.. 1 t''•e. t,nargh thp . nrytr ,•, 1, is, in illy%—, who h p, .,r d 1-, nuel, rt.ilk- Iit, ; n% pt„gi.,on, makr a d'' h'rrntr in it" I,,r.i; ion'o IaM , a tncolhat it rvh.uJh,m(a%,r• the ,u, case. or Ann ,honking pi pram, (;, rdm Miller. the do I. r of Sne,rldrinkt r%, a Mitt-. I:,tal pr,gr.im. %Laid lhas, w.,, lit ,,o—e fnlluw.urs data are ", n'n that •old'" hrar,kw Lag, . teg. the director oil Pm'r Don't compete with a Kaplan student --he one. Why' Conde.. r ttus. Over 1,000,000 students have chosen Kaplan to help prepare them for admissions and licc:ising exams Why? Kaplan's test-takng techniques and educational programs halve 50 years of expe- rience bound them Mk know students And we know what helps boost their confidence and scoring pc�ential So if you need prepdrAon for IN, SAT, ACT, LSAT, GMAT. MCAT, GP.E. DAT. ADVANCED MEDICAL BOARDS. TOEFL. NURSING BOARDS, NTE, CPA, BAR EXAM or nthels, ca" us My be at a d: wivantage I -a KAPL9 M Valid 10 4V1 W fail 11111,10101, (Iatle its W/ @Ana, INr,N6/ IIrIM ieaatroma 1 ftl-Ws i„n"`14A i ts an t-t tj s~. fill` It se, .till We= 11a less rail N N sKrM/1!e•►"mooiatrf IJ4Ira fysaaiawatawar lrttailla, alln uiatr jeaer t sesa MMNr ataly A ! N1 two eWew✓1 re' 0. tilt esser Ar, •oariauii le M►�yr. r t�To Asaimsww~I�tt%,��11«iota ►;tea t rl►Y•r.i iY tN,e ru/aw,t.:woo. r, . iw 1i1 .. hM\ qN tree aM r//f Public and Ilealth Manamment C�111` fAtication for Leadership M.P.A. Program In an ern d n.rng %en a e akmanJ%and ,1`tfat111^ cinhx l.. ctc, hoelr,Akt%)upi%more tntporkiolluntseo rho.wh% At%os, 1M1nAUmvo,it'„(inaJu.ttctitL.ddl'ulol,a y.hnmou.dwat trip%). we arm "so wish %long in.uug,11A as,: pool,, analt,n.. ,kill, l htr'tl P A pn,Freut odK'„ a•kccn p ,h- t Jnd eur.,i. !K l �prt uLrab n, in ptlhhi. Molx, dll.AL1tr ,IIII J.W.,r(11.11.,11 4, o iP•to. p ,'are mad %..e„efl oil the nn,l dlatnjau,ts..' W'i ano, in, oho net .w vet a+.. ,.•,•Ik•tm^, Ihm,t am ,rh:,, tn..d mU" 1M dirk .trod .utter of Sticnce. Urban i'lanning. and Dook-loral I'rottrams I ion • ,r.1t tt , " m o• , I,.1'„r,....0—,•t.h la.,l•.1. ,.•. h. ,r.. I,., ,.. as,`. antl ..'al wt%1. ()•1 If/ /'1.1•%vAm. ilk n,,.nj+rri. o.o: ,.+:. ,• .... �. mgmd.it, Id, dwha, r. •1„ ..'ssAls,t, Anil nl.,n.r: , ,t. 'ei Our Ph 1) Oki/11' 1 pis,r,anl, ,d!r, m J Ish era onh,ram intlrpnrc,•loveai% oale,watt to..1, n.c tl..r., .it-. ,'Molar, and h,rh Incl punt lo .,nah•h Saturday M.P.A. Programs I I ae%IFrh•J k, lx , rnpklrA m Ihrcr )can ,+ k -,. thew, Fran, otcf an .N PA degree incAcr PUNK and n. d%;,m ll maragentera or in health wr%ice, manacee.•n, lhroti;'• o „urea glycn eu iwody ,n Snar,Ln c Ad%anced Managirment Program Flit - Clinicians (A%IW) C l A sp" cal program in health p, d. y and mana;: rtrwrt f,T physKVlta. faarfrs, w. ail wn.,l enJ rxher he JI'h c.,rc pn+k%%.finals Additional Advantageos, 17 Wce►S%v. e,emelt, slid Salurc'.r..la%• ' , rateww cares d^T l,ariK, • " wh Ilia, ernenl Art ... , To 4od oat men obnwt ow pnKrvs,. return for tvupaa at- Cliff at- it t 2 t 2 o "&7490. NmYopxic INKIN-W UP - - I (.10traat4b.dat Prtlr soll-1 areas— !.r. ►.\ I ,.t -" se lkaeh'.0., G,',,lir Mod M,. sr it I%e.1 lhrt to) It00I Hear wood w t AWWA tlO,r u ki r A Pd 1o1•i1lam U Owraa111100— [I N F A Hair:: fj M F jeo rr.al iels P •' . n 111 ur O M IA .11A1ar1►1w1r ►.311.9 atit­ara,ind f iAAW so POWs POWs . Assesses, � M enrww.�' ♦t/rnw+r,wN -"Ise, :�►•,ww rtr•- 1 Pak sf 4. Ilse••« M.er New T..f \ ' ... r•a.r..r.w••s.ffh•TI.•.+fT•,.to — t r,. 1 ' Iw.♦,.♦. alas uwae .., I.M.br. _ L--------.------ M •011C SMAR f, an alto drinking pro mule rill Maryland middle. w h•.II �nulrnn., sans Thal pupil. •.he lition five vial % aril Credit here ri. s for helping them drill with �Ili llu,ns thev fared a% Ihry toured mtit high w hlNd "It's %loll ha, Wlen taug;tl In a `Ml.uc:d vein." .aid Regina Nan •r•, a staff aide In a New Palk Slide Assembly Repubh• can task four "Una girl spent it lung Ionic rcla%ing .tdhsfirs and then aid. 'Isn't Ihts 1-11mr? lhex Is what health, lass Is like " None evervwhere, ehough Pride, a SMAR r — an aermtym fur SA -If -Management And Resistance Training — Is a curriculum for fuunh through eighth grades that w.is level. opcd al the llnwcrsuy itf Sundt. ern California and Is nnw taught in Maryland It ddfen from otthrr, prugrams In it% lack id t'un. true. It lid, ill, spend only Y of I I se•ssulim otn what drill -.%and - hotl arc and what they d„ to pvn. file whit use them "fbe rest is lime practicing saying no. get- ting firer reaclums tie saying no. what approorhm work best, what ditn'1, why" •aid Mrs. En• Itelk rig. the dirmfur of the pro- gram "It's the first time slu- Ifenn are w.l riven black -and. -hire rules but are asked, 'How an we help tried drd with the srr%surrs you're gum6 ill race.,... In class, the studems the must :1 the work Lr,wn films r:dl for CA, her. In sit back .and let the ludents cMs,••e feaders lit dal 'manap,ment fa>k•.' .nth .n clHx.-dn!'niall In unP• and writ Ing.." Ili.• hlackl•,.ud oft I wb stintive level. the prnl,ruu ICJChes eight le,luoulm•s for s.iv- lng me to a drink, ranging fr„m caving no thank . In ,,alknu! away ID reve-r%nig the ptr•surr VI Ilinughl void were my 4eend Hotw cuuld yuu ask nH• lit do that." Ms. Fngellung said ^nr f u%I Call the prrsun a kirk ") P.. r , nut, •el•,rs of el••• 1 soin , drove w h 4 - Ire I U, h. III •: . filayet sit •p dnleking w, much "ft,, v oh.ril Ivel an mbmed it, as It" v do tintin/! In Jdulfs,' ..o•: aroglu•1 IH•cr cuu i rh,r, Ar e T unh.o "Snnu• ivvtpir•aren'tr o,r Portable with wh„ they are, ae' Ilwy rr note , umfortable •.ii mr mt tot ,Ilurh,rl As a parr ruione, her. yuu hail,• In lewlp them re:dlrr, `Some people aren't comfortable with who they are and they're not comfortable saying no to alcohol.' "They figure out real fast that giving an veto use is only gorep lit .level,- the Pei soon back." Mrs Elf - grilling said "After a whit,-. ehev figure out that what works the best is tie 1,s,k the persan in the rye, make a clear slatemenl — A thin'[ want to doe alcnh.d' — ;nd t Tun got tin." Sumrtimrx, students are the best leathers. When the parvnis of lucrus%e player at Perry Hall High in suburban lialtimore went away four :1 few days. a friend IningM liver Iwu cases of beer and the pariv began "He brcame ;I reucsamr," one of the playrr's friends sail It was note the first time thr la. r n,s%e player had dunk hxi much A teammate — line ot/ a fill t.r.duah 1,11 :- NEW PORK MEDICAL COLLEGE A %fidnallbn+r •stfum the CafGufet lmdd•n, W SIC IIEDKiif SCIENCES HEALTH SCIENCES D♦ r-•NE•rwf in IHT•• h•Ya^•a .n 40 _ sail rh a as Y •H Us lees. " • • _ . 0 n,•nT,pv� _ - _• ra•wr,r •lea Cn.a • tN4rwaiyp4r— • • _H••r,n Ir•r,.4!nn•I .1,!YI• to to a•MC ►Nair SC410` N • H•.:.•n 4 ronlrnr. _ • — . . rN,T able Y•acr C dlsge n .„ aimat ,,,r'wra„E red I,rrH Knr•0. • will ear" PI••Ia1I•• ate, G••o•w &Mata6aT• I,te•n:r .MeIII•IIM. M - - $,.nrp.nf H,!rpe %, ••lees etl iN 1)<[,Or T - - r•,M+rvrar,I Gr,n.r.m •m.,.•t.r slrvuu . .I,: u-ail p,n mr«.: w.r.••f fv.It- rye ..•••et,uN a•ra.e .�n-•:.•rw• f•r.•n«,...u:..c.,,.�___ 'w .•.,-f ,r inn..:.-.n.•r•am sue. n t.ry'..•w •-ern-•wl •we ••, sass nil : ♦«ills al',e„[H •.,vIw h.,•.. .to aeq strNlaq sal 'ft .•�1n.war •7 I. I ,..r.v+inlrs, a ter NIP. Am" ben a� I. -,is ...•f•f able • •. •:7,t•.;rw C•M•"•' t•••,tr11 a••rC •1 l: oIM.•. Tiawlr •ai r..•-• .. m AIMA," W414 AT gYYf Iaa•IIR Ma•r •• Ni0 u., a`,Ye . ,. w .....•n,e• ."sass..- o Thal pn,plr will like them if they d,in'1 drink and they wotn't like them if thev drink too much." At Perty Hill. Ming a peer euumehrr is prr•:nguNis — %el, dents are chu%en for .he parr gram and attend training at the beginning of each year The training lrachrs them to balance the foys of friendship with the rr• sp,msdulutrs itf rouo%ehng "You can't 101 a perwm they have an aic,IM,I prublrm." addrd anulher• p,rr criun.elce. Dave R,Ignskv "You kind of h rive to ask there quest Htns, make them realize if You try to let them kmtw a few thm,:s on dnnk;ng, give them stabsln s, the hl,.4 alc„h,rl stuff. and Iry to p. ,nt „.,I example, I f pr,nplc ah,i ve died " • BI:��I�c:IY>N CO1.LFGt Ie><fr� uRcn an exceptinnal Post -Baccalaureate Pre-Mo dical Program rue Career chanRaf Ill\�I\I.t„\'. I.. _. Irr•rrlN..,. fir.,. w..e• .r:•1 Paste ..a /.r •,«ales .I ,7r.•d." •.,rite..• ..less... I•.r gl..:., Mlle 1L4.4 IJA.11N at\s.sli 1\I. •re T• N wn.,w•• • ,%Ales.. ni •.veal ,rre.,ar ,,.A.«. .e Jnea..... n. •., • y, K••.ar• dr . I•r. •!. ., v e..,r we 111 \,I�I11rr�, ill l l,. n. vela.., sass tt .; Ief w /e m , -. w.• e rVMr ~. wit .•. n:- .,. w • •N alr.e r"'Rww' • w^ wrY•e••e•/•iw 1 w w r lass e.a .r• �•.r.+•...' •+• T,r r.•. •erw . A • r. rr• ,n•war .rA •�M w./r1••.f. ,a•r•w•w •era •eve +,.. - - edit•. •... wit \... -,• ♦ ...: •lasses-• l t*m1211-id1/ , sass. Ins. ff m: I weer '-d • Tlww �•. ,w NM N,.p ri ,Tar lClil( aC'Iw' �,./�/'II1L1�'ti`t1�,tC� PUBLIC SAFETY DEPARTMENT Craig A. Anderson Public Safety Offices Chief of Police Police/FirelAmbulance 7701 C runty Road 110 West Emergency: 911 Min• etnsta. Minnesota 55364 Dispatcher, 544.9511 612.446-1131 Crime Stoppers 45-CRIME M E M 0 TO: Chief Len Harrell /Chief Me] Kilbo FROM: Craig A. Anderson DATE: July 26, 1908 RE: DARE Reservations On July 25. 1988. I spoke with Kay Engle of the Illinois State Police who again confirmed our three reservations for the October 3 - October 14 DARE Training. Letters will be cominC to each of us in September advising us of any possible expenses and/or additional arrangements that may be necessary. All looks great. If you have any additional questions. feel free to give me a call or contact Ms. Linda H. Long, DARE Educational Consultant at 217-782-5227. T hav�o /*�—) Craig A. Anderson ief of Police CAA: ah "SEE IT. NEAR /T, REPOR, PUBLIC SAFETY DEPARTMENT Craig A. Anderson Public Safety Offices Chief of Police Police IFire/ Ambulance 7701 County Road 110 West Emergency: 911 Minnetrista, Minnesota 55364 Dispatcher: 544.9511 612.446.1131 Crime Stoppers: 45-CRIME M E M 0 T0: Chief Len Harrell ✓Chief Mel Kilbo FROM: Crain Anderson DATE: April 19, 1988 RE: DARE: Training We have confirmed by phone three reservations, one for each or" our departments, to attend the October 3 - 14 DARE training session. Please sign the enclosed registraticn form and return to Our office by Friday, April 22. The three officers we have reserved space for are: Charles Walerius - St. Boni - Minnetrista PSD Steve Grand - Mound PD James Cornick - Orono PD CAA: 1 ah Enclosure "SEE IT, NEAR IT, REPORT IT" �L -Hofli t-QC (1,(>' ' -.,/ W(I (I ct "(f (-I f a PUBLIC SAFETY DEPARTMENT Craig A. Anderson Public Safety Offices Chief of Police Police/Fire/Ambulance 7701 County Road 110 West Emergency: 911 Minnetrista, Minnesota 55364 Dispatcher: 544 9511 612-44Ei-1131 Crime Stoppers: 45-CRIME i•i E, M D TU: Chief Len Harrell *000'Ch Mel K i I b o FROM: Craig Anderson DATE: April 28, 19813 RE: D.A.R.E. Enclosed is the information sent to us by the Illinois State Pol i ce. Our registrations were confirmed by phone and the signed forms mailed. the Illinois State Patrol is in the i ss of writing a grant that may pick up all of our Px, e: a. for our officers to attend. Please let us know if you receive any correspondence from the Illinois State Patrol and we will do the same. CAA:Iah Enclosure "SEE IT, NEAR IT, REPORT I", U c.7 o`S 5TAT�A O Illinois State Polic Division of Administer '. Strategic Development .0 201 East Adams, Suite Springfield. Illinois 6. (217) 782-5227 DARE Drug Abuse Resistance Education Program Background In January 1983, Chief Daryl F. Gates of the Los Angeles Police Department (LAPD) approached Dr. Harry Handler, Superintendent of the Los Angeles Unified School District (LAUSD), expressing cu--,ct�rn about drug problems facing society. As a result of this meeting, a task force comprised of LAPD and LAUSD personnel was appointed to develop a drug abuse prevention program for elementary school children. During the development of the curriculu-n, numerous drug abuse education programs were examined. Task force members agreed that a prevention program was best suited for the targeted age group. Existing prevention models which emphasized an understanding of peer pressure, self -management skills (decision -making, values clarification and problem -solving), positive lifestyles and alternatives to drug use appeared to be experiencing the highest degree of success. As a result of "pis study a cooperative LAPD/LAUSD drug abuse prevention program called "DARE" (Drug Abuse Resistance Education) was developed for presentation to fifth and sixth grade students. DARE cui r iculum focuses on peer resistance training, self-concept improvement, and value judgements about respect for the law and personal safety. In September 1983 the DARE pilot program was Introduced in selected Los Angeles City Schools by 10 LAPD officers. Before entering the cl� ssroom the officers participated in 80 hours of training, including curriculum on teaching ter `,riirue, elementary school operation, preparation of visual aids, officer -school relations, ..ommunications skills and child development. Since its inception, Los Angeles DARE has gr:wi-► e 53 officers who reach students in more than 300 elementary schools in the city. Teachers, s '.xl administrators, parents and students report positive results directly attributable to ^�.�._: instruction. The program is so successful that it has become a model for police agencies tnrou :out the country. DARE LESSONS 1. PRACTICES FOR PERSONAL SAFETY - Used to acquaint students with role of police and review practices for safety of students. 2. DRUG USE AND MISUSE - Helps students understand that there are many consequences, both positive and negative, that result from using and choosing not to use drugs. 3. CONSEQUENCES - Helps students understand that there are many consequences, both positive and negative, that result from using and choosing not to use drugs. 4. RESISTING PRESSURES TO USE DRUGS - To make students aware kinds of peer pressure they may face and help them learn to say no to offers to use drugs. 5. RESISTANCE TECHNIQUES - WAYS TO SAY NO - Teaches students ways to say no in resisting various types of pressure. 6. RUILDING SELF-ESTEEM - Helps students understand that self-image results from positive and negative feelings and experi nces. 7. ASSERTIVENESS: A RESPONSE STYLE - Teaches ;.rat assertiveness is a response style that enables a person to state hip r,^ her own rights without loss of self-esteem. 8. MANAGING STRESS WITHOUT TAKING DRU;._ '-►alps students rer_ognize stress and suggests ways to deal with it c the than by taking drugs. 9. MEDIA INFLUENCES ON DRUG USE - Helps s develop the understanding and skills needed to analyze 2 -esist media presentations about alcoho! and drugs. EVALUATION OF THE ILLINOIS STATE POLICE PILOT DARE PROGRAM EXECUTIVE SUMMARY Prepared for the Illinois State Police June 16, 1987 By: A.H. Training and Development Systems, Incorporated Dr. Ralph B. Earle, J-. Jackie Garner, M.S./Ea Nancy Phillips, L .T.. EVALUATION OF THE ILLINOIS STATE POLICE DARE PILOT PROGRAM In January 1§87 the Illinois State Police (ISP) contracted with A.H. Training and Development Systems, Inc. (AHTDS) of Spring- field to help the ISP conduct an evaluation of its pilot Drug Abuse Resistance Education (DARE) program. The DARE program teaches resistance skills to fifth and sixth graders through a curriculum of 17 weekly one -hour lessons. The unique aspect of DARE, which sets it apart from other school - based drug education programs, is the fact that its curriculum is delivered by a uniformed (unarmed) police officer and not by a classroom teacher or other school employee. The evaluation o the DARE pilot program, therefore, has three major areas of investigation: 1. Is the DARE officer accepted in the classroom by the students, teachers, and principal? 2. Is the DARE program accepted by the community? 3. Does DARE effectively teach resistance skills? AHTDS agreed to provide technical assistance the design of the evaluation, and to collect and analyze surve- ita obtained from police officers who taught DARE, teachers, ::ncipals, alcohol and drug abuse service providers, community rr.resentatives, law enforcement officials and the DARE student. rmselves. AHTDS staff videotaped DARE students in role-pl,., ":signed to show whether the students could demonstrate refusal skills. Three judges from outside the State of Illinois rated the students' re- sistance skills. The surveys showed that the DARE: pilot program won broad accep- tance from the law enforcement community, from community representatives, and from teachers and principals. More than 90% of each of these four groups felt it was either "very appropriate" or "somewhat appropriate" for a state police officer to teach the DARE curriculum. Alcohol and drug abuse service providers, however, generally did not find it appropriate. Only 40% of this group responded "very" or "somewhat" appropriate. Despite this high degree of support for the appropriateness of a state police officer coming into elementary classrooms to teach DARE, a majority of four of the groups surveyed felt that, in most communities, it was more appropriate for a local police of- ficer to teach DARE. Teachers were the exception to this opinion; only 42% of that group felt thr-t it was more appropriate for a local officer to teach DARE. With the exception of the service provi :-s, overwhelmingly those surveyed felt that classroom teachers w�_-�:ld not have obtained the same results, if they had taught DARL. Only 8% of the teachers themselves thought they could have acc^- 1.; shed the same results. None of the law enforcement officers # ht so, and only 5♦ of the community representatives and 5t principals thought SO. But about half (55%) of the service providers did think that the teachers could have done as well. While only one in three service providers would recommend DARE to their fellow professionals, all of the law enforcement officials, all of the community representatives, and all of the principals would recommend DARE without any qualifications. Of the teachers, 87% would recommend DARE without qualification. The first four charts on the following pages summarize the gener- al acceptance which DARE has received from these five groups. It should be clear from these charts that the service providers do not share the positive view of DP_2E which the other groups have. The ISP should also note the large and significant difference of opinion between the law enforcement officials and school princi- pals on the one hand and the teachers, on the other, as to wheth- er it is more appropriate for local officers to teach DARE. In view of the ISP's plans to expand DARE over the next two years, this difference of about 70% vs. 40% suycests that the DARE classroom teachers may foresee problems for :_(cal officers teach- ing DARE which others do not. Students in five schools were asked wheth- hey "liked the DARE program." Because some students may hay -i-n reluctant tc an- swer "No" directly, we used a meth( surveying called "randomized response," which gives �tu,' in extra level c' confidentiality. we also administered this survey twice, in the middle and near the end of the term, to allow the students to be- come accustomed to the method ar.d the extra protection it gives. Even with this protection for negative answers, the overall re- sponse was extremely positive, averaging over 90% "Yes" responses, and never lower than 80%. (These results are shown in the fifth chart following this summary.) Because of their critical roles in the success of the DARE pro- gram, we surveyed teachers and principals at some length. In both groups over 96% agreed that DARE has made a positive impres- sion on the children, that DAkE is a valuable program., and that they would like to have their school participate in DARE in the future. This support for DARE was corroborated by a survey of the D:ARE: officers themselves. On the average, the teachers helped the of- ficers 85• of the time and hindered the -Timers only 6% of the time. Principals were helpful 77% of the- ,-�me and hindering only 7% of the time. Parents of DARE students were also surv�__:- at meetings held by 45 cf the 86 schools. Of those who ex, _ed an opinion, fully 99% felt that they would be able to cc ,te better with their children after the meeting, that they w�ul_ ike to attend other meetings, that they would recommend the c.�E nq to other parents, that the use of a uniformed officer to teach DARE is a good idea, and that they supported DARE's goals. Finally, as to whether the DARE students can successfully resist peer pressure to use tobacco, alcohol or drugs, the evidence from the videotaped role-plays is very encouraging. We cannot tell whether the role-plays are truly comparable to the real -world situations in which students might be pressured to try drugs, away from the watchful eye of the camera and the evaluators. But, as the last chart shows, the judges scored 87% of the students as demonstrating full refusal skills after the fifth week of the DARE curriculum. After the fourteenth week, 921 of the students demonstrated full refusal. In addition to teaching refusal skills, according to 80% or more of the teachers and the principals, DARE had also had the follow- ing positive results: 1. Students are more willing to talk abou, problems relat- ing to drugs; 2. Students are more likely to say "no" to negative behav- ior; 3. Students have more positive 7,- tudes towards police officers; and, 4. Students have more negative at ­.:des about drug use. In summary, except among other providers of alcohol and drug abuse services, the DARE pilot program has received very strong acceptance iota all those touched by it. DARE students are con- sistently able to demonstrate refusal skills, at least in front of a video camera. Those most directly involved with DARE do not think that classroom teachers could obtain the same results, but there is a.. important difference of opinion as to whether local officers siiuuld be teaching tr.,t? DARE curriculum, instead of state police officers. If you would like a copy of the total e.,—uatior, please write to: Illinois State �'rlice Strategic Develop:-, t Bureau 201 East Adams, . to 300 S, ingfield, Ilii: 62701 I Percent Who Feel It Is Appropriate • for State Police Officers to Teach DARE I _ I I I I 1 1 I I 40% 4C% r I I l tot r I I I I 1 I I i I n� I Te3cMe-, I Law Eml,^, Pr'r,C,V— •r'rr, ,.rr,, fir) swrring "*vrr v J Percent Who Feel It Is More Appropriate for Local Police officers to Teach DARE loc.* I ( "0* 7,t ' i I I C^�i Apt I 4� e 4 C. t I I I 1 I , cVtr I I I I n� eP"r,nr.i an�,wnr,N Percent Who Feel Classroom Teachers Would Have Obtained the Same Results 1�G e I I I I I I I � .. :+r i ♦n.4 L Ric .t I I i I I I I b� 5e r+g ^e•. pr... L3'w Enf- Coty p-Inc-gal. Tfltn!►3 •�nrt,esnr grt�.Wrrtnc, •Ucllfllftl;v j Y6: • ;,r •p; Ot3: 1 J, Ye: . ,ercen t Who Would Recommend • DARE to Fellow Professionals I ICCI 1oc� b — I 87% I 1 � I I I I ( � Q L I I I I I I I I I I � I f 33* I I I I S I I , I nv 1 I r_ I •►-r�,.r,�:i � tom, Wirl�1�/l�i r i Ter *!v - Percent of Students Who Like DARE ^^� 1 � nFR \\:\\l 1 ., r •..d...N11 \N\nl \\N..v ., I 1 ,\� a\\J n.Nl my J \:\N \\\\\ I \.J : n L •\\\\� •..q .: 1 \\\\\1� \\\11\v .v.N 1 ,,,,.� \\,\\J• tNl Mari�'�r, lVulrll;y l.,nerlyjm ryl ISr Ams hK)I;wtlllp ALL flvE l_�T,fTN,Jrlttl�C til,Nw.,o\�on 1 nnla-t5lrri ,� Eno pt term I Percent of Videotaped Students I Who j Demonstrated Compete Refusal Skills I w6* IOCZ I � V'✓ L 1 : •aN\,� �N\\\� 67 Z Fm Ot� ,:\a\v •.\qN\J \a\aa 1 1 I r.uNNr I E� i! F •,.\\NJ •„tt.\.1 ..,\N\•,) .\N\•,Nd I I ..ttNt\J 1 1 � •.NN\\tl .N\N\J l .N\\t\. .\::N, NJ n\N\M 1 I .d\Na.t I I \N.NJ r 1 t A.W4 .%WWI I 1 I 1 ..,aatJ i .N•,\Nar .Na\\d na\..J Ju N* E A6* T HPE E STRATEGIC OEVE LOWENT BUREAU DARE TRAIIWIG REOMST Date: AyIril 20 1gRR / - Authorizing Signatures Agency% Address: Contact Person; Phone: PO Box 86 Crystal Bay, MN 55323 Chief Mel Kilbo 612-473-7710 Number of Training Slots Requested: 1 - Irving English II Pre -ed Month for Training: _ October 3 - 14 1988 Comments: Reservations made by phone by Chuck Walerius St. Bonifacius - Minnetrista PSD 612-446-1131 Send Completed Application to: v Bureau Chief Timothy I OaRosa Illinois State Police Strafe^:c Development Bureau 201 Eac. Adams Street, Suite 300 Sprinc, . 1, Illinois 62706 ILLINOIS STATE POLICE Jeremy D. Margolis April 14, 1988 Dirccwr Juvenile Officer Chuck Walerius St. Boni facius/Minnetrista Police Department 7701 County Road 110 West Minnetrista, Minnesota 55364 Dear Officer Walerius: Thank you for your interest in the Drug Abuse Resistance Education (DARE) program. The Illinois State Police is very proud of this program and happy to share the enclosed information with you. DARE is a primary prevention program aimed at children who have yet to have their first drug experience. Its goal is to reduce the incidence of drug abuse by children through the presentation of a prevention curriculum by specially selected and trained uniformed police officers. The curriculum itself focuses on the concept of peer pressure resistance training, self concept improvement, personal safety and value decisions concerning respect for the laws. Having uniformed officers instruct a primary prevention program has produced results even greater than expected. Enclosed is a summary of the program and an evaluation report of the DARE pilot program for your review. Since its inception, DARE has served as a model for agencies throughout the country. Illinois' pilot program has received excellent reviews from teachers, parents and law enforcement officials. The demand for DARE increases on a daily basis. As a result of this demand, the Illinois State Police have received training on how to present the DARE training course. The Los Angeles DARE program has been extremely helpful and indeed encouraged Illinois to provide DARE officer training to help meet the demand. y FNOTC The next ISP training session with space ava:iable is Octr'•er 3 - October 14. One space is being held for your agency for this session. Please r dlete the enclosed application and return to the address listed to secure this p ition. If you have any questions regarding Illinois Di, ?L, please feel free to contact Ms. Linda H. Lang, DARE Educational Consultant, at 21 7 /782-5227 or write the Illinois State Police, Strategic_ Development Bureau, 201 East Adar.._-, Street, Suite 300, Springfield, Illinois 62701. Very truly your i� Jeremy D. M<,.-g: is Director By: Timothy Z. 1vRosa, C► ief Strategic �-'-velopmerit Bureau TJD:lm Division ©' Arrunistratinn Enclosure Dimon of Administration 2W ArnulrN Building — Springfield, II!1-(-;4 (217) 782-64w 81888. 2 / (� TO: Mayor and City Council C �a 22 FROM: Mark Bernhardson, City Administrate DATE: August 18, 1988 �J SUBJECT: Ordinance Amendment - Animal Control Attachment: A. Proposed Ordinance B. Ordinance Section 9.12 ISSUE - Determination as to whether the Council desires to amend the ordinance which currently requires all dogs to be on leashes. To provide an alternative means of not being "at large". INTRODUCTION - Prior to the recodification in 1984 the City of Orono considered voice command or Jogs within fenced yards as not being "at large". The recodification changed this to leashing as the only acceptable means. This change became an issue as "leash only" was a defense of an individual who was i,ivolved in an accident where the dogs of the injured party were not on a leash but voice command. DISCUSSION - Enforcement of the ordinance has not been undertaken where the dog has been in the appropriate fenced yard or under effective voice command. The term "effective" voice command can be open to some interpretation and can be effective 99% of the time but the failed 1% may result in a problem. The proposed language attempts to conform to the previous language and present practice. ALTERNATIVE 1. Allow a broader range of situations where a dog is "not at large" including: - Voice command - In a vehicle - In a yard under voice command - In a fenced yard - Selected combinations 2. Table 3. Leave as is RECOMMENDATION - It is recommended that the ordinance be amended to alla dog to "not be at large" when: - On a leash as out 1 i nee; - In a fenced owners yard when they cannot lease without human ,assistance - Under voice command of owner or their owners property provided the owner is present and is exercising effective control or within 10 feet of the owner away from the owner's property and the person is exercising effective control - In a vehicle provided the log is not left unattended PROF,OSED MOTION - Moved by _ , seconded by , the Council adoptes Ordinance # _, Second Series as an amendment to Section 9.12. Ayes Nays 4Ttlpl(,-"-T A ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NO. 9.12 SUBDIVISION 2 ADOPTED APRIL 1, 1984, AND ENTITLED "DOG REGULATION AND LICENSING". The City Council of Orono ordains: Ordinance No. 9.12 Subdivision 2 adopted April 1, 1984, and entitled "Dog Regulation and Licensing" is amended to read: Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permission of the owner unless; A. It is on a durable leash secured to an object which it cannot move and is on the premises of the owner. B. On a leash and under the control or within 10 feet and under the effective command of the accompanying person of SLlitable age and discretion. C. In the owners fenced yard or other suitable enclosure were the dog cannot '.Pave without human assistance. D. In the owners yard and under effective command of an accompanying person of suitable age and discretion present outside in the yard. E. In a vehicle from which the dog cannot leave without human assistance provided it is not left unattended in violation of Minnesota Statutes. Any dog, having bitten a person or other animal, shall be forthwith impounded for the period of incubation. This ordinance becomes effecti., after its passage and publication. Passed by the Council this 22nd day of August, 1988. James R. Grabek, Mayor ATTEST: ----------------------------------- Dorothy M. Hallin, City Clerk 1 �T_T_A L "t EN I I g 9.11 limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applications for limited permits shall be made to the Chief of Police and shall be accompanied by a written statement of proof of hardship and a certified property owners list of property owners within 500 feet of trapping area. Property owners shall be notified that such application is being considered by the City. The permit fee shall be as set by resolution of the Council. SEC. 9.12. DOG REGULATION AND LICENSING. Subd. 1. Definition. For the purposes of this Section, "owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large..-wi-tvir the permission of the owner unless it. is on a durable leash securetl to ah' object which it cannot move .and on the premises of thetiaMner; or on a leash and under the control of an accompanying person of suitable age and discretion. Any dog, having bitten a person or other animal, shall be forthwith impounded for the period of incubation. Subd. 3. License Required. It is unlawful for the owner of any dog, six months of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs confined to a City licensed commercial kennel need not be individually licensed. B. Dogs confined to a City licensed residential kennel shall be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs current'_y licensed by another jurisdiction may be temporarily kept in t'ie City for a period not to exceed thirty days provided the dog wears a tag or other identification from such licensing jurisdiction, and provided that a current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other juris- dictions are not exempt from the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. Application for a dog license shall be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine within the State of Minnesota, which certificate shall state that the dog for which application for a license is made, has been innoculated against rabies within six months of the date of the application. No more than two dog licenses shall be issued to ORONO CC 206 (4-1-94) 81788.2 �s .V G N J TO: Mayor and City Council FROM: Marx Bernhardson, City T.dministrato DATE: August 17, 1998 SUBJECT: Public Information - Marketing/Evaluation Mayor's Newsletter Attachment: A. Public Information Dated 8/17/87 ISSUE - See attached. IN_TR_O_D_U_C_T_ION - For the past seventeen months the City has on a fairly regular basis (generally monthly) had an article published in one of the local papers. The articles when submitted to the Pioneer have always been published in the Pioneer however, we have not always had the same success with the Wayzata Weekly News because of space limitations. In addition the City has since approximately the first of the year on a regular hasis published the preliminary agenda for the upcoming Council meeting. DISCUSSION - While perhaps not as regular as it .3hould be, the format_is one that is fairly easy to work with and c.in generate information to the community in straight forward inexpensive manner. It is estimated that if the City were to go to a newsletter format that the cost would be substant,'.ally more and probably done on a once every quarter basis ard provide substantially more time commitment by t'-e staff to have that done. ALTERNATIVES - 1. Continue with the monthly format. 2. Table awaiting further input from the community on the articles. 3. Undertake to budget for a more formal news!-tter format. 4. Table discussion. 5. Cease doing newspaper articles. RECOMMENDATION - It is recommended that the ,nunciI table the issue until the September 26, 1988 meeting -.ee if members of the community find it to be of assistance 1,r,: if so, recommend that we continue in this mariner. PROPOSED MOTION - "loved by , seconded by at Council table the issue until September 26, 1988 to of ermine from the community if they find the new articles of tance. Ayes Nays 1 4TT�.QOJE-CT A To: Mayor Grabek & Orono Council Members From: Mark E. Bernhardson, City Administrator Date: August 17, 1987 Subject: Public Information - Market ing/Evaluation of Mayor's Newsletter Articles Attachment A - Public Information and Marketing Memo Dated 1/29/87 Issue - Determination as to whether the City of Orono will continue with the "Mayor's Article" on a monthly basis or budget for a different format for its monthly "newsletter" to the community. Introduction - One of the initial suggestions put forward by the new Council following elections was a desire to communicate information and current events including upcoming events in the month to the citizens of Orono. Back in February this was explored and it was decided, for a six month trial, to try the format of submission of a Mayor's Article to the four newspapers. In that period of time, six articles have been submitted and generally have appear in the paper in the first week of the month. Discussion - This format has proven to be a timely means in most cases of getting the primary topics out to the community. While the substance has sometimes been too self congratulatory or obtuse in the message being communicated, it has attempted to be fairly timely as to upcoming events. While the City Administrator has not received any direct response from the articles, the Department Heads have indicated that the people do read them and in fac*- get feedback from some of the residents together with information that has been gleaned from those articles by the contract cities. The alternative to this format, in order to achieve items cn a current basis, would be going to a monthly format newsletter. It is estimate,-: that minimum costs of this would be approximately $5,000 for a year. It would involve more time and e�fort than currently is being expended by staff for the Mayor's Article. RECOMMENDATION - It is recommended that the Mayor's article format be continued for another year ant' that evaluation of this be done in August of 1988. PROPOSED MOTION: Moved by ,f , seconded by That the Mayor's Article format for communication of information to the community be continued in the weekly newspaper, soliciting ideas from Council Members and the public as to topics they wo•ild like to have add5gssed and the system be evaluated next August in the budget meeting. Ayes nays 1 12907.6 1 ' TO: llayor and City Council ��' Ft;als (lark nccnhordabn, City f.dninistrato011 Fra 23 1487 D :'lt: Jc.nuary 29, 1937 ti rublic InLornation and tlarketing I.^,r.11t'. - The ioouen in relation to tho subject are as follows: A, Typeu of information desired for direct commurciation to co,�nur.ity 1;. The c.lr,:rnativ^ r.,:,ar.r, o° .o co;....,unieatir.i C. Cost of a monthly newsletter It:�,nor)'1^;Io'1 - on ar, occasional basis during the past 12 mentL. I articles and infornat:ion to the Lnhcr/Pioneer for inclunion on a space available basic. 1.clditiorLally thcr.3 have l,: recently trc.nomitted to the other two papers, l,�-,stonhc, Sailor L'L! also the t:ayzata Vleekly piper. Since none of the5o are cubecription papers they do not necessarily get to every household in the community. In the part tho City on a opo:adic basis had also put out a newsletter, however the types of LnLormation included 11 that plus the articles that have been recently put in the paper have been of a general background information nature and not one that addresses current events. nISCUSSION - Types of information that Cities generally try to communicate to their communities are as follows: - Explanation of operations - ordinance and ordinance changes - Service information - Programs and registration information - Long term direction information - Upcoming meetings and agendas - Significant recent ev^nts Certain types of this information are of a timeless nature and when it is transmitte9 to the community it has not always been a critical issue. There has ►--!n an indication however, on the pact of the Council that they .%uld like to use this as a means to engender more public participation in the process. To do this would require a vehicle that would provide for timely information on a regular basis. A suggustic.n that way meet this would be a shcrt monthly ; newsletter that would incorporate_ perhaps three items. i Recent counci� actions and other pertinent City i act' ants CJ-I'_Unln- elf upco-'Jng c(nuricil issues of Digni-ficanto ' * : *1' - , noru th-:n Jl";t C'outting property owners. (­.::rin.nation of some VI.-Pec . t 10 be e. o n c in so,19what of a tin Qly baoin, 0Z tfi. ninnificatit Iter.,", Curse itr-7-,n c c:.i L.q r. LID in -full in the next (I,!- ' nger in tll,--.t to 0M Cntent * at is to .ni r %phon the Council acts on & Item without pric: announcement. DOInIp in tilAnly considocatio.-I of an Item por,,.Lng r._;.:rprlato notification In the newsletter. It io anticipated that such a newsletter OUL119 costs for eccli "rnrd Cc -too Printing 3#8Qu cople3 - mailing - Labels - Printing, Labeling, 16D.C1 Folding (I-exil shoot) nAri) COSTS $313.00 monsoon Soft Ccztn Staff preparation $39.90 Staff production 50.00 SOFT COSTS S-Lq—.Uu assume 7,n alternative to such couto may be to work more closely with the four newspapers that do cover the community and got a comitment from all Of them or at least as much a possible to do this type Of format to he Included In a timely basis in their newspaper. Chanhassen does somewhat of this type of arrangement in the form of a newsletter in the South Shore Weekly, which is -done at cp_cifLc advertising rates with that paper. It is antilcipated that ouch may cost up tO a couple hundred dollars p;r time, for each nn%iGpoper under this tYP3 of arrangement. nrC0i111r!,T)ATIO?4 - 'Initially it is recommended at; neither the hard Tr­oG1T­cQz a of production are currently budgeted tha,the City further CxPlor* with the newspapers putting this typo of format in the papers on a monthly or bi-weekly basis to s e if this would achieve the type of r-sultu that are being locked for. After trying tills for six months a recommendation wou'-d then be forthcoming in conjunction With 1998 UUdget PrOCC83. �i I I phoh0.,.r to'.IQrt - Moved b seconded by -� to direct staff to �... r y -- exglcre further Mans to com,qunicate on as tim�sly a basis ,lo poaaihle i',eino of significance to the orono ccmmunity in order to int.reann the public deliberation of significant matters affecting the�•n;�c�unity and to ring tack a rccommandat ion rcgardir,y a u•vMlette at the 1989 budget proeuos, Ayes I ay:, - A 81288.4 / TO: Mayor and City Council. �'��l.i 292 FROM: Mark Bernhardson, City Administrato'' 7, DATE: August 12, 1988 SUBJECT: Authority to Designate Depositories Attachment: A. Authority to Designate Depositioies 8/4/88 Memo ISSUE - Adoption of Resolution delegating authority regarding depositories to staff. INTRODUCTION - This was originally introduced to the Council on t.ne August 8, 1988 agenda and the Council requested that it be tabled in order to answer the question related to the Council disapproval of a depository. DISCUSSION -Under the current "system" Council established depositories at the beginning of the year and that sufficed for all instruments except for Certificates of Deposit (C.D's) which were uncollateralorized under $100,000 and therefore protected by F.D.I.C. or F.S.L.I.C. insurance. when such C.D.'s were purchased, they were purchased at the bank that issued them and that bank also served as the depository. Under the current system had the Council not approved of an additional depository the City would then just have to sell the instrument. Under the proposed chance Council would vest this authority for depository designation to the City Treasurer/Finance Director. AT.TPDMA11TVPQ 1. Adopt the resolution 2. Amend the resolution 3. Table for further discussion 4. Take n-) action RECOMMENDATION_ - It is r`commended that the City adopt ::he resolution as presented. PROPOSED MOTION - Moved by _ seconded by _ , that the Council adopt Resolution # delegating the authority for establishment of depositories to the staff. Ayes __, Nays _- ST TO: Mark E. Bernhardson, City Administrator FROM: Tom Kuehn, Finance Director DATE: August 4, 1988 SOBJ: Council Delegation of Responsibility to Designate Depositories of City Funds Attachments: Proposed Resolution to Delegate Respi.:nsibility of Designating Depositories of City Funds At the first council meeting of each year, the council adopts a resolution of appointments for the year, including a listing of approved depositories for the city funds. There are times throughout the year, however, when we have the opportunity to invest in bank or savings and loan certificLtes of deposit and the timing is such that the investment decision must be made before the institution can be formally approved by Council. To avoid that situation, Council can, under Minnesota Statutes, delegate the responLibility of designating depositories of city funds to the city treasurer or chief financial officer. if the resolution is adopted, Council would be informed of any additions made by myself to the list of approved depositories through the Administrator's Information in the agenda packet. ALTERNATIVES: Approve Table Deny TO: Mayor and Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. PROPOSED MOTION: Moved by , seconded by , to adopt Resolution A , nuthorizing the City Treasurer to designate depositories of City funds. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -- A RESOLUTION AUTHORIZING THE CITY TREASURER TO DESIGNATE DEPOSITORIES OF CITY FUNDS WHEREAS, Minnesota State Statutes do authorize the City Council to delegate the responsibility of designating depositories of public funds to the City Treasurer or Chief Financial Officer; and WHEREAS, the investing of City funds does, on occasion, occur prior to the formal adoption of the institution as an approved depository; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that the City Treasurer is hereby authorized to act on the Ci.t-y's behalf and designate additional depositories of City funds. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held on August 8, 1988. ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2485 COMMENDATION TO POLICE RESERVE OFFICER PETER ACHEY WHEREAS, the Orono Police Reserve Unit is a vital part of the Orono Police Department; and WHEREAS, Officer Pete Achey has been an intricate part of the Orono Police Reserve for 15 years; and WHEREAS, Officer Pete Achey has, in his 15 years with the Reserves received many letters of commendation for outstanding service; and WHEREAS, Officer Pete Achey has on countless occasions been called out, in the middle of the night to assist in natural disasters, serious car accidents, and numerous other occasions to assist regular patrol officers in their duties; and WHEREAS, Officer Pete Achey has been an inspiration for new officers, providing training, wisdom and encouragement, to better the Reserve Unit. NOW, THEREFORE BE IT RESOLVED, the Council cf. the City of Orono recognizes Reserve Officer Pete Achey, for his dedication to duty to the reserve unit and for his faithful service to the Cities of Orono, Long Lake, Minnetonka Beach and Spring Park. Adopted by the City Council cf the City of Orono, Minnesota at a regular meeting held this 22nd day of August, 1988. ATq&,ST: Jam s R. Grabek, Mayor r ,9 othy--. Hallin,-pity-CIer�C- R.. - TING TO: Mayor and City Council f. -, 9 9 .0 �., FROM: Mark E. Bernhardson, City Administrator DATE: August 18, 1988 SUBJECT: Ordinance Amendment Attachment: A. Excerpt from 1988 Fee Ordinance B. Proposed Amen,3ment IS_S_U_E_ - Amending the fee ordinance regarding fireworks to rectify a conflict with the schedule. INTRODUCTION - When the 1988 fee schedule was adopted fireworks were listed_ under Licenses and Miscellaneous Charges at a fee of $10/permit, it was not realized that such permits were also governed under the Uniform Fire Code which has all permits listed at $30.00 per permit. DISCUSSION - In order to rectify the discrepancy it is requested the ordinance be amended to reflect the $30.00 permit fee. The staff review of such permits may entail site visits together with notification of appropriate police and fire personnel. ALTERNATIVES 1. Adopt 2. Delete as a $10 fee leaving it governed under the fire code 3. Table for further information 4. Take no action 5. Amend darin5 1989 review REC_O_MME_N_D_ATIONS_ - It is recommended that the proposed ordinance be adopted as presented. PROPOSED MOTION - Moved by , seconded by that the Council approves the proposed amendment to the_ f988 Fee Schedule Ordinance. Ayes __, Nays 1 krme4 mevT A CONSTRUCTION PERMITS AND INSPECTION FEES (CONT. ) Applicable Permit -TYPe Fee Coda Sect _ -in SPECIAL INSPECTION CHARGES Site Inspection without permit $ 30.00 (when called by owner) Inspection surcharge for work or $ 30.00 per trip + application on Big Island or goat rental Deering Island Reinspection fee after failure to comply $ 30.00 per trip + 30.00 per with Building or Zoning Code Correction hour after 1st hour Notice - 3rd trip Inspections outside business hours $ 30.00 per hour (min. 2 hours, min. $50.00) FIRE PROTECTION (Ord. 223) Fire Prevention inspection Ho Charge Fire Code Permits $ 30.00 each Commercial Fire Alarm Per UBC Schedule Plan Review Fee 65% of permit fee _ _RNING PERMITS Up tc 5 times per year No Charge For Each Reinspection $20.00 More than 5 times per year $100.00 (for all organizations and individuals regardless of tax status) CONTRACTUAL INSPECTION SERVICE Per Contract Monthly Retainer Fee $ 25.00 per month Inspection Charge (qtr hr increments) $ 20.00 per hour (min. $10 1st inspection of each day) Flan Review Charge SBC/UBC Schedule Clerical Fee (as specified in contract) $ 10.00 LICENSES & MISCELLANEOUS CHARGES Zonin De artment Administered COMMERCIAL MARIr'N LICENSE Application Fee (initial) $300.00 + slip & boat fees Renewal Application & Inspection Fee $200.00 + slip & boat fees (annual) plums: -each slip ^n water S 2.00 -each dry slip inside or in racks $ 2.00 -each boat unit on land $ 1.00 -late fee $150.00 10 1,iCEN;,i:S_AND _r-IISCELLANEOUS CIIARGE.0 (CON'I'_) ,12121ication_7'� Police De Administered AMUSEr4ENT D!',',IICF. LICENSES Per Establishment (Annual) Per Machine Fee PUBLIC DA10E LICENSE (Annual) (Individual Permit) LARGE ASSEMBLY PERMIT FIREWORKS PERr4IT FIREAR14S DISCHARGE PERMIT OCCASIONAL (linited use) Annual (Club Cnly) LIMITED TRAP?I1:G PERMIT ERMIT FAR PARADES a SPECIAL EVENTS FALSE ALAR'4 USER FEES First 3 false alarms/calendar year (1-3 total) Next 7 false alarms/calendar year (4-10 total) Next 5 false alarms/calendar year (11-15 total) Each additional false alarm over 15/ calendar year FINGERPRINTING SERVICE COPY SERVICE First Two Copies Additional Copies COPY OF ACCIDENT REPORTS COPY FROM MICROFICHE FILE First Two Copies Additional Copies 'NO PARKING ORDER OF POLICE" PIPI'R SIG?IS (no lath- included) Applicable Fee Code Section 5.20 $100.00 plus machine fee $ 25.00 each $100.00 5.21 $ 10.00 5.21 $ 50.00 5.25 $ 10.00 9.10 $ 10.00 9.10 $ 25.00 $ 10.00 $ 25.00 No Charge 9.11 Ord. 232 Ord. 243 6.08 $ 50.00 each call $IG0.00 each call $150.00 each call $ i3.00/application (Citizenship No Charge) ..00 -.25 each ? . !30 etch a .25 each .25 each ORDINANCE # , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 44, SECOND SERIES ADOPTED DECE14BER 14, 1987 ENTITLED '1988 FEE SCHEDULE' The City Council of Orono ordains Ordinance 44, Second Series adopted December 14, 1987, and entitled "An Ordinance Adopting the 1988 Fee Schedule" is hereby amended to read: SECTION 1. Fees. LICENSES & MISCELLAhEOUS CHARGES: Applicable Fees Code Section Fireworks Permit $30.00 9.10 This Ordinance shall be published in the Laker and Pioneer Newspaper and shall be efrective August 29, 1988. Adopted by the City Council of. Orono on this 22nd day of August, 1988, by a vote of ayes and nays. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Published in the Laker and Pioneer Newspaper the week of August 29, 1988. t C I TO: Mark E. Bernhardson, City Administrator FROM: Jeanne A. Mabusth, Building and Zoning Administrat DATE: August 15, 1988 SUBJECT: Building Inspector's Step Adjustment Lyle Oman, Building Inspector, has completed an annual review for step adjustment purposes as of August 9, 1988. The point results of the time spent profile provided to Personnel Decisions, Inc. placed the position at a Group 7 level of the City of Orono's Compensation Plan. Mr. Oman is eligible for Step 3 at Level 7 under the 1988 Compensation Plan wage table. Mr. Oman performs his duties above the expected performance level and I recommend his salary be adjusted from $12.051 per hour to �12.72 per hour to be effective from September 1, 1988. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrat ,A Forwarded recommending approval in accordance with the Compensation Plan. PROPOSED MOTION - Moved by +, seconded by _ , that the Orono City Council approves the increase in step level for Lyle Oman from $12.051 per hour to $12.72 per hour effective September 1, 1988 having exceeded the expected performance level. 81288.6 .V TO: Mark E. Bernhardson, City Administrator. 1� FROM: Tom Kuehn, Finance Director �.L'G N l5c rs DATE: August 12, 1988�� SUBJECT: Temporary Funding of Street Lighting Project County Road 15 Navarre Attachments: A. Proposed Resolution B. Hennepin County Invoice for Project Costs The City has received the billing for construction costs of street lighting for County Road 15 in Navarre. It is in the amount of $113,540.94 and is included with the bills presenter] for payment with the August 22, agenda. The charges from the County for contract administration and/or engineering will be invoiced upon completion of the project. It is the intent of the City to special assess the costs against benefitted properties. However, temporary financing is required until the costs are assessed. The P.I.R. Fund does not have adequate monies available at this time due to the concurrent project with Hennepin County for road improvements to County Road 15. The General Fund has adequate monies available for the temporary funding of the street lighting project. It is my recommendation to transfer the money from the General Fund to the P.I.R. Fund at this time; that the transfer be treated as a loan and that the P.I.R. Fund is to repay the loan from future special assessments levied for the street lighting project. I have enclosed a proposed resolution to transfer the monies and record the loan. ALTERNATIVES - 1. Approve 2. Modify and approve 3. Table TO: Mayor and City Council FROM: Mark Bernhardson, City Administrato Forwarded recommending approval. PROPOSED MOTION - Moved by , seconded by , to adopt Resolution # approving the transfer, as a loan, of 5113,540.94 from the General Fund to the P.I.R. Fund for payment of the County Road 15 street light project costs, and dedicating future assessments levied against benefitted properties to reimburse the General Fund for the loan including all attendent interest. 81288.7 TRANSFER OF MONIES FROM THE GENERAL FUND TO THE P.I.R. FUND FOR COUNTY ROAD 15 STREET LIGHTING WITH REPAYMENT FROM SPECIAL ASSESSMEN`PS LEVIED AGAINST BENEFITTING PROPERTIES IN THE PROJECT AREA WHEREAS, the P.I.R. Fund has inadequate monies available at this time due to other commitments; and WHEREAS, the General Fund does have adequate monies available to provide a temporary funding source. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Orono, Minnesota, that: 1. The General Fund transfer $113,540.94 to the P.I.R. Fund, to be used to pay the construction costs of the County Road 15 street light project, and 2. The transfer is considered a loan and is subject to repayment from the P.I.R. Fund to the General Fund from special assessments to be levied against properties determined to benefit from the project of both principal and interest levied under the special assessment. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held August 22, 1988. James R. ^rabek, Mayor -------------- ATTEST: -- - - - r - - - - - -- ------ Dorothy M. Ha11in, City Clerk �4C `.u02 (t 941 INVOICE NO. I3Lh 1 HENNEPIN COUNTY BUREAU OF PUBLIC SERVICE 320 WASHINGTON AVENUE SOUTH HOPKINS, MINNESOTA 55343 BILLED TO: City of Oro PO Box 66 Crystal Bay, MN 55323 Attn: M. Bernhardson, Administrator DATF- MY 28 t9 $fL DATE DESCRIPTION City of Orono's participation in Supplement No. 1 to Agreement No. PW 74-08-87, County Project 8024 on CSAH 15 Street Lighting City's estimated cost of contract construction - $113,540.94 and due on or before August 27, 1988 Remittance by Check, Money Order Or Draft Pavabie to Hennepin Couniv Treasurer Menneprn Cuunty Bureau c .)hc Ser�.ce 320 Washmqton Avenue Sr,u'h Honktns, Minnesota 55343 At,Pnt,,,t, Alice Markham $113,540.94 WHITE`. 0RIGINAL CANARY ACCOIJNTING PINK - FINANCE GOLD - ALPHA TO: Mark Bernhardson FROM: John R. Gerhardson DATE: August 17, 1988 SUBJ: Resignation - Park Commission Chair Robert Kost On August 16, 1988, Robert Kost submitted his resignation as Park Commission member to be effective that date (see attached). Recommendations: To accept the resignation of Robert Kost as Park Commission member and to direct staff to prepare a resolution of appreciation to be presented ar a later date. It is also recommended that Council direct staff to contact residents who have previously expressed an interest in becoming involved the Community to see if they would be interested in serving on the Park Commission for which we now have two openings. Proposed Motion: moved, seconded, to accept the resignation of Park Commission Chairman, Robert Kost, and to direct staff to prepare a resolution of appreciation to be presented at a later date. It is also proposed that Council direct staff to contact residents who have previously expressed an interest in becomming involved in the Community to see if they would be interested in serving on the Park Commission. TO: Mayor & City Council FROM: Mark Bernhard sor4l Forwarded recommending approval. � II AUG 1 6 SW August 15, 1988 Mark Bernha-dson, City Manager City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mark: I regret to inform you that I must resign from my posi- tion on the Orono Par': Commission. Though I have enjoyed the last four years with the commission, my resignation is due to the fact that I will soon be building a new home in the city of Minnetonka. I appreciate all of the help and support given to me and the Commission by your staff and the city council. I thank you for the opportunity to be of service and wish you all the best in the years to come. Sincerely, Robert M. Kost Chairman, Orono Park Commission 81888.4 TO: Mayor and City ^!•,inc FROM: Mark rBernhard:7on, City Administrato\� DATE: August 18, 1988 SUBJECT: Admic,istrator's Inform;.tion �.�2215: 3536 LYRIC AVENUE - Statt has again been on the property and issued seven citations to the property owner and is working very closely with the Attorney cEgarding the prosecution of these offenses. 1535 BO_HNS POINT - Th_ prc,,)erty, which has been wider ,onstruction since 1985, i:;s n''w been issued a permanent certificate of r%ccupanc.y as all the work has now been completed. H_IG_1iW_AY12A_D_HOC T_A_:_,K FORCE • Att a meeting held by the Task Force-in_De_lano on August 15, 1988, the consi-,nsus of the Group was that representatives from the group would meet with :+lillia. Crawford of MNDot District 5 to determine if MNDot staff would have the time to layout the maximum potential f.- the existing corridor as i-- relates to potential upgrades. Dot District 5 is able to do that, the group would then to information and have it rc2✓iewel by each of • communities determine the appropriateness of within their jurisoictic.n. Once each jurisdiction has revi-�• Jl it the group will then get tog.:cher and c:evelop a plan both `_^ the short tern: as far as impro. eiaents in the thre! to five yez. frame togeth_r with direction for the longer term timeframe ..ghway 12. L_IV_?N_GS_T_0_N_TO_WER_ PAR_KSCU_Lr - Mr. Nick _garos, whc, had severed a�teiidon several we go, is at this time regaining some movement of i left han The recasting that he had done on the sculptur nr a s^.i,e further work and he will be at_._empting P r the next sev,?ra' weeks. HARDCOVER C_F_ httached please find a definitiv,_ instruc-tI-on ._ :•�iI•i ag and Zoning ep3rtmen; has prepared For i:srsonz t.: -ia.decvir calculations in order to better iderstand th .:•Ct.S8. This iu •.i a'. iition to existing ..istcuctions trca:, had previously been handed out with the ap,:lica'.ions. It should be noted that the responsibility for harucover calculations has been with the property owner and/or surveyor. The staff does spot .heck then for obvious errors, but does not a! -..jays catc', those. (This is sim.lar to the situation where the staff is dependent on the surveyor for 6-termining --etn.ack•- and etc. and unless there is an obvious -rror teat information is accepted as is.) ADMINISTRATOR'S VACATION - It is •+nt+cip: 4d that I will be on vecat�on Sepce+a6e��'Lst and 2nd and will not be in the Twin City 1 area. During that time John Gerhardson will be available as the Acting kdministrator either in person or by telephone. 3508 IVY P_A_L_CE_ - The staff continues to wait for the resident to authorize the removal of the meter to have it sent to the factory to determine if in fact there is a problem with the meter. BOARD_C_F REVI1"a - The Council during its Local Board of Review heard approximat�-ll 28 reviews reducing assessments on 5 together with receiving letters from 2. Of these three were eventually heard by the County Board of Review. Attached please find the analysis that wti!ze done for the three together with the summary of all actions taken by Hennepin County Br_,rd in the various municipalities. Tt was additionally ind cated to the City's Assessor that approximately 12 other persons had originally filed fr.,, the County Board of Review, however, aftrer intital reviews an., indications to these people that no adjustor,?nts would be recommended, these people withdrew theri applications. WATER C_ONSE_R_VATION REG_U_LATION_S_ - With considerably more rain having occur. red in the Metro area over the last few weeks the drought situation is s bstantiall.y better than it was when these regula':ions were first enacted. At this time however, the. lake level continues to remain low and the recent rains may not have had the opportunity to full° recharge the aquifers. It is anticipated that staff will bring this back for removal of the odd/even ban at he September 12, 1983 meeting. COUNTY 15 PROGRESS - See attachment. 2 To: LOCAL SURVEYORS From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: July 22, 1988 Subject: hardcover Calculations In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious su:-faces ("hardcove r"), such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carries 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 insure that rain water run-off will be cleansed by filtering through grass or vegetated yard areas before entering the lake. You will undoubtably be receiving an increasing number of requests to calculate hardcover for clients who are proposing residential construction projects within the City of. Orono. A number of recent submittals by surveyors have omitted certain items of hardcover which the City deems to be hardcover, and there also appears to be a misunderstanding how the various hardcover zones are calculated. In order to eliminate any confusion, ar' ^:inimize last minute surprises to your clients, the following hardcover calculation guidelines should be adhered to: 1. The shoreline for setback and hardcover calculation purposes commences at the 929.4 elevation. for Lake Minnetonka. 2. In the first 75' inland, measured perpendicular to the shoreline, 0% hardcover is allowed. The 0-75' hardcover percentage is calculated as follows: S.F. of Hardcover in 0-75' Zone x 100 = % hardcover in Area of 75-250' Zone 0-75' Zone 3. The second incremental hardcover zone is the 75-250' setback zone, which is comprised of the area within the property boundaries between the i5' and 250' setback line. Within this zone, 25% hardcover is allowed. Hardcover in this zone calculates as follows: S.F. of Hardcover in 75-250' Zone x 100 - s. Hardcover in Area of 75-250' Zone 75-250' Zone 4. ; irr,ilar calculations are ade for the :-500' zone, where 30% hardcover is allowed and th 500-1,000' -re 35% has' -over is allowed. Note that non -riparian, non-lakesho_: -of,, a;? st subject to hardcover standards of the City if locates? .R-Di ,trice. 5. The following items are considered hardc ,y the City, and must he included in your calculations: Hardcover Calculations July 22, 1988 Page 2 of 2 A) Roofs of buildings, except that overhangs of lh' or less and located 10' or more above ground are normally not included. B) Decks, even if they have open spaces between the decking boards. C) Driveways, regardless of whether they are paved or gravel. Gravel driveways which are driven on are considered to be hardcover due to the compaction created by traffic over them. D) Sidewalks and patios, except when they are comprised of extremely permeable materials and not underlain by plastic or other hard surface. E) Decorative landscape beds of rock, wood chips, etc. that are underlain by plastic sheeting. Where the plastic sheeting appears questionable, include the area as hardcover with a notation regarding its status. F) The tops of retaining walls and rock walls. G) Any other surface that does not allow direct absorbtion of rain fall into the ground. 6. Because many variance applications involve the removal of existing hardcover items in exchange for adding new hardcover, a listing, of individual hardcover items is helpful to the City Council in their determination. Any questions regarding Orono's hardcover ordinance should be directed to Jeanne Mabusth or myself at 473-7357. Attachments - Zoning Code Section 10.22 Hardcover Calculation Worksheet Advance Surveying & Engineering Co. 5811 Cedar Lake Rd Minneapolis, MN 55416 All -Metro Land Surveyors Attn: Phil Nelsen 2340 Daniels St Long Lake, MN 55356 Clark Engineering Company 2815 Wayzata Boulevard Minneapolis, MN 55405 Coffin & Gronberg 482 Tamarack Avenue Long Lake, My 55356 Car3arell & Associates, Inc. 8110 Eden Road Eden Prairie, MN 55344 DeMars-Gabriel Land Surveyors 3030 Harbor Lane Norti: Plymouth, MN 55447 Egan Field & Nowak 7415 Wayzata Boulevard St. Louis Park, MN 55426 Hakanson Anderson 222 Monroe Street Anoka, MN 55303 Hedlund Engineering 9201 East Bloomington Freeway Suite A Bloomington, MN 55420 Krueger & Associates 8080 Wallace Road Eden Prairie, MN 55344 Jim Kyro & Associates 13621 Vinewood Lane Dayton, MN 55327 McCombs Frank Roos Associates 15050 23rd Avenue N Plymouth, MN 55447 Sathre-Bergquist, Inc. 106 Broadway Avenue Wayzata, MN 55391 Schoell & Madson 10550 Wayzata Boulevard Minnetonka, MN 55426 Strgar-Roscoe-Fa0sch, Inc. 15500 Wayzata Boulevard Wayzata, MN 55391 TO: Mark Bernhar6son FROM: John R. Gerhardson DATE: August 17, 1988 SOBJ: County Road 15 - Progress Report Construction continues throughout the project. The right turn lanes north and south at County Road 19 have been constructed on the west side of 19. Clearing and excavating on the east side will begin the week of August 22, 1988. Site distance improvement at Casco Point Road eastbound is taking place this week with bituminous patching of cutout concrete areas throughout the project. Installation of the semiphore should take place on or about the first week in September. The project is currently on schedule. JRG/ls S'JMWY OF ACTION TAKEN - HENNEPIN COUNTY BOARD OF EQUALIZATION - 1988 page 1 VALUE AFTER PID MUNICIPALITY LOCAL BOARD INCREASE DECREASE FINAL VALUE MONDAY - JUNE 20, IMW- 19-117-23-22-0002Spring Park $1,515,000 -65,000 $1,450,000 19-117-23-22-0004 Spring Park 750,000 -50,000 700,000 18-117-23-33-0012 Spring Park 975,000 -35,000 940,000 18-117-23-33-0011 Spring Park 1,015,000 1,015,000 17-028-24-14-0006 Minneapolis 85,000 85,000 28-118-21-33-0006 Golden Valley 412,500 -20,000 392,500 18-118-21-33-0005 Golden Valley 42,500 42,500 04-118-21-33-0003 Crystal 1,010,000 -30,000 980,000 12-027-24-21-0057 Bloomington 101,900 101,900 08-117-21-43-0192 St.Louis Park 60,000 60,000 / I -2 / Y I I 900 TUESDAY - JUNE 21 1988: 07-0,29-23-11-0017 St. Anthony $288,800 -5,000 $283,800 07-029-23-11-0018 St. Anthony 286,200 -5,000 281,200 22-120-22-33-0002 Dayton 126,800 126,800 02-029-24-12-0092 Minneapolis 57,000 57,000 29-117-21-41-0061 Edina 8,000 8,000 05-116-22-43-0016 Eden Prairie 128,100 128,100 01-119-22-12-0051 Maple Grove 76,200 76,200 35-119-21-11-0007 Brooklyn Center 126,000 126,000 35-119-21-11-0009 Brooklyn Center 126,000 126,000 35-119-21-11-0010 Brooklyn Center 126,000 126,000 35-119-21-11-0008 Brooklyn Center 126,000 126,000 20-117-23-23-0304 Orono 149,000 -8,000 141,000 02-118-•21-41-0035 Brooklyn Center 76,100 76,100 24-118-22-32-0009 Plymoutn 52,800 52,800 29-118-22-33-0043 Plymouth 34,500 34,500 - / WEDNESDAY - ,TUNE 22, 1988: W-�d- - B oomington $250,900 -4,900 $246,000 03-028-24-14-0112 Minneapolis 70,600 -35,600 35,000 27-029-24-24-0562 Minneapolis 94,100 94,100 01-116-22-24-0029 Eden Prairie 193,000 -12,000 181,000 19-120-21-32-0031 Champlin 450,000 450,000 18-116-21-14-0016 Blocmington 141,500 -8,500 133,000 04-029-24-14-0210 Minneapolis 175,000 -15,000 160,000 $1,375,100--'i / THURSDAY - JUNE 23, 1988: 7 Minneapolis $90,100 -10,100 $80,000 04-028-24-13-0154 Minneapolis 152,000 152,000 27-029-24-11-0096 Minneapolis 38,000,000 +7,000,000 45,000,000 05-027-24-22-0006 Bloomington 16,500,000 16,500,000 32-028-24-34-0023 Edina 3,700,000 +500,000 4,200,000 09-027-24-33-0003 Bloomington 1,610,000 -25,000 1,585,000 09-027-24-33-0007 Bloomington 4,520,000 4,52P " 0 09-027-24-34-0010 Bloomington 1,4g0,000 1,490• 3 34-118-22-22-0015 Plymouth 3,305,000 -205,000 3,100,000 12-116-22-41-0002 Eden Prairie 2,033,000 -133,000 1,900,000 10-116-22-34-0004 Eden Prairie 5,039,000 5,039,000 36-117-22-14-0008 Minnetonka 24,720,000 +5,280,000 30,000,000 36-117-22-14-0019 Minnetonka 7,210,000 +1,740,000 8,950,000 28-029-24-42-0014 Minneapolis 876,700 -79,700 797,000 35-029-24-41-0212 Minneapolis 22,000 -4,000 18,000 32-029-24-14-0030 Minneapolis 184,900 184,900 $H0 + 60-----;I5b, , ,AVIHARY OF ACTION TAKEN - HENNEPIN COUNTY BOARD OF EQUALIZATION - 1988 AFTER PID MUNICIPALITY LOCAL BOARD INCREASE DECREASE FINAL VALUE FRIDAY - JUNE 24, - - - - Minneapolis $34,900 -2,400 $32,500 34-029-24-12-0031 Minneapolis 252,000 252,000 01-028-24-43-0118 Minneapolis 54,000 -14,000 40,000 14-029-24-32-0035 Minneapolis 58,000 -8,000 50,000 27-029-24-34-0027 Minneapolis Classification: No Change - Apartment 26-029-24-43-0101 Minneapolis 75,000 -24,400 50,600 35-029-24-41-0231 Minneapolis 70,000 -17,500 52,500 35-029-24-12-0068 Minneapolis 48,500 -5,500 43,000 V-029-24-34-0043 Minneapolis 700,000 -50,000 650,000 33-029-24-31-0146 Minneapolis 400,000 400,000 26-029-2.4-22-0090 Minneapolis 9,800,000 9,800,000 26-029-24-32-0023 Minneapolis 53,000 -8,000 45,000 26-029-24-32-0061 Minneapolis 23,100 23,100 16-028-24-34-0050 Minneapolis 122,100 +11,900 134,000 27-029-24-44-0035 Minneapolis 50,000 - 5,000 45,000 $ + - MONDAY - JUNE 27, 1988: - - - - B oomington $485,000 $485,000 09-027-24-34-0009 Bloomington 980,000 -115,000 865,000 20-117-23-31-0045 Orono 277,400 -27,400 250,000 33-117-23-31-0004 Shorewood 812,300 +502,300 1,314,600 33-117-23-24-0013 Shorewood 14,100 +15,300 29,400 24-116-22-43-0038 Eden Prairie 167,000 -9,000 158,000 23-116-22-24-0078 Eden Prairie 59,400 -2,400 57,000 21-028-24-13-0132 Minneapolis 86,100 86,100 15-027-24-23-0024 Bloomington 104,800 104,800 33-118-23-14-0012 Long Lake 510,000 +48,500 558,500 20-117-23-42-0016 Orono 139,000 -15,000 124,000 05-028-24-31-0015 Minneapolis 383,300 383,300 30-118-21-44-0032 Golden Valley 128,300 128,300 31-029-24-32-0067 St.Louis Park 100,300 -4,30C 96,000 ,2 +566,HO -173,100 $4,6WW TUESDAY - JUNE 28 1988: 18-027-24-44-0069 Bloomington $91,200 -13,200 $76,000 18-027-24-44-0088 Bloomington 88,500 -11,500 77,000 18-027-24-44-0070 Bloomington 83,100 -11,100 72,000 18--027-24-44-0068 Bloomington 105,500 -10,500 95,000 18-027-24-44-0067 Bloomington 101,000 -13,000 88,000 18-027-24-44-0062 Bloomington 91,300 -13,300 78,000 18-027-24-44-0055 Bloomington 106,800 -12,800 94,000 31-116-21-11-0033 Bloomington 108,3C0 -3,000 105,300 29-029-24-33-0063 Minneapolis 375,000 375,000 22-028-24-21-0093 Minneapolis 225,000 225,000 02-028-24-11-0125 Minneapolis 320,000 320,000 01-028-24-12-0104 Minneapolis 335,000 335,000 18-116-21-14-0026 Bloomington 150,700 -81800 141,900 10-028-24-14-0017 Minneapolis 55,200 -6,200 49,000 03-028-24-44-0151 Minneapolis 44,000 -11000 43,000 21-029-24-32-0184 Minneapolis 51,500 -11,500 40,000 09-n29-24-34-0174 Minneapolis 55,000 -10,000 45,000 03-028-24-22-0186 Minneapolis 45,000 -3,000 42,000 16-029-24-23-0106 Minneapolis 44,100 -6,100 38,000 19-117-23-13-0083 Mound 46,900 -6,900 40,000 18-116-21-14-0022 Bloomington 141,80C -6,800 135,000 18-116-21-14-0018 Bloomington 134,700 134,700 OF ACTION TAKEN - HENNEPIN COUNTY BOARD OF EQUALIZATION - 1988 /0011AMARY VALUE AFTER PID MUNICIPALITY LOCAL BQARD INCREASE DECREASE FINAL VALUE WEDNESDAY - JUNE 07-118-21-22-0001 : New Hope $1,155,000 $1,155,000 36-118-22-11-0026 Plymouth 3,840,000 -640,000 3,200,000 27-118-22-13-0007 Plymouth 900,000 900,000 27-118-22-13-0011 Plymouth 1,730,000 -260,000 1,470,000 27-118-22-12-0007 Plymouth 113,000 +212,000 325,000 Also: (Changed from Vacant Land to Industrial) 03-027-24-32-0024 Bloomington 1,700,000 +17,000 1,717,000 15-116-22-21-0004 Eden Prairie 5,226,000 +1,421,000 6,647,000 15-116-22-22-0010 Eden Prairie 6,344,000 -491,000 5,853,000 14-116-22-22-0004 Eden Prairie 9,340,000 9,340,000 14-116-22-22-0005 Eden Prairie 563,000 +401,000 964,000 12-116-.22-11-0002 Eden Prairie 3,105,600 3,105,600 16-116-22-24-0011 Eden Prairie 1,378,000 -88,000 1,290,000 31-118-21-24-0009 Golden Valley 1,905,000 -35,000 1,870,000 15-029-24-44-0018 Minneapolis 499,000 499,000 15-029-24-44-0037 Minneapolis 561,500 561,500 15-029-24-44-0044 Minneapolis 928,000 928,000 15-029-24-44-0045 Minneapolib 261,500 261,500 $ + - THURSDAY - JUNE 30 1988: - 6- - - Bloomington $115,000 $115,000 18-116-21-14-0019 Bloomington 150,500 -8,800 141,700 18-116-21-14-0020 Bloomington 150,100 -9,100 141,000 18-116-21-14-0098 Bloomington 155,100 -8,500 146,600 03-116-22-43-0011 Eden Prairie 309,100 -9,100 300,000 23-118-22-42-0001 Plymouth 99,900 -9,900 90,000 $979,700-WfUo $934,300 TOTAL: $177,898,700 +17,149,000-2,766,800 $192,280,900 ACTIX TAKEN ON 122 PARCELS 12 INCREASES _- 61 DECREASES 49 SUSTAINED Prepared By: Department of Properti Tax and Public Records 7/11/88 JMB:jb APPRAISAL REPORT of a Single Family Residence Lawrence Kane 2697 Casco Point Road Wayzata, Minnesota Prepared For: DONALD F. MONK Director of Assessmeots Hennepin County A-2103 Government Center Minneapolis, Minnesota 55487 by: Glen F. Busitzky Principal Appraiser Appraisal Date January 1988 Appointment Number: H-34 HENNEPIN COUNTY 1998 BOARD OF EQUALIZATION NAME: LAWRENCE KANE APPOINTMENT DATE: Tuesday, June 21 APPOINTMENT TIME: 2:30 By: TIME ALLOCATED: 10 minutes MAILING ADDRESS: 2697 Casco Point Road Wayzata, 55391 PHONE: 471-0920 PROPERTY ADDRESS: 2697 Casco Point Road PERSON PRESENTING THE APPEAL IS: X PROPERTY OWNER AUTHORIZED REPRESENTATIVE SIGNED DESIGNATION ON FILE BOARD OF EQUP.L. RECORDER P.I.D. 20-117-23-23-0004 PROPERTY TYPE: Residential CITY: Orono (Appointment Scheduled: 5/24 at 8:20 By: jmb To Assessor: 5/24/88 ) VALUE PRIOR ►wCISION OF TO VALUE &JTER �..XJNTY BD. OF MOTION: LOCAL BOARD LOCAL BOARD EQUALIZATION LAND MARKET VALUE $ 97,900 $ $ 960 CDSZCOND: STRUCTURE MARKET VALUE $ 51,100 $ No Change $_ Afcv C 0 o _ - _ _ TOTAL MARKET VALUE 1499000 $ S /'//c o o REVIEW APPRAISAL ASSESSOR'S RECOMMENDATION LAND MARKET VALUE $ 95,000 951000 _ STRUCTURE MARKET VALUE $ 46,000 46,200 TOTAL MARKET VALUE $ 141,000 141,000 �_ _ SUBJECT PROPERTY / l 1 M i it■t rotes. ■ww wwt wws ■sNES w■Yw/■/■ Dimensions Sq t.■■■■ Porch:■EMMUCCIM •. 1 / 1 1 1 1 • 4 . 420 NON H■� ■■■■■■■■■■■em mummer- i%.■do lt,Mmt11.�[7�-1-1� MgWdWLjWdW;m"nM ■■■■■■um■■m■■■t■u..■m■ meanness ■mtm■m■■Aur �r-i•x�w� !■■M■■■■■!w■■!■■/r■........■.■ M ■t■�■■N■�tta■IN mum tt■M!■■■ ■t■ ■ ■■■ ■t■■■t ■■/a ■tw as p■■■■■Mi■/■iti■N ��■Nm■■/■■■t■ Goals �i■i■■ls ■■■■■■■■t■■■/■■■t■ ■■M■■■■■■■■t■ ■■t■pN■p■"= ■■■■em■mm■■■mm■N ■■rot■■mot■matt■ ■soot■■ttam�t� M/o■mtmm■■■■■m■■m■Im■■■A■■■■■■■■■:■■W■!■■■Nt■■n MmM■m■t■mummmemt■ ■tsp■s =ut ■o■sM�wnoMeN■■�/ w a a /■• wiiw��� ■■■■m■■■■■t■■ ■�■N■■M■M■� mossmeam:: it■+■Mtiwrt/i■N p����N i■�w■pii�■N ; t■M tY ■t■N tmNm noun / mots■ K 4 • Met■■ ■■trMGar Nth q■N■t/ ■■ •...�.�w..o.�■ ■tom■ Y■o■t�■. ....■ rn...r.tApss ■otp Amsts�n ■mutt rout' R 4 /1■ /toll■ t� ■ mm■m m■M■ ■■r it■ Mt■■ mtep Mt■1■ ■pM wi■1 mom■■ ■I■t■■ tmmm■ ■m■'■MlMM■�■■tepNtt� otet M ■t■Ntt■■t■■m m■tosMeM!■ep /per p moot■ ■■■m■ ■■■NMpti!■■ep N��o ■I�mt.tsMm ■Ns■mpNt pttl■ ■■///�tti■■/m■■■t//t!■p■ BERNIE S ■■mlm■ ■moot •■■■! /■eN ■atom Mt■■step pNt ■es■1 ■Nero �N�p■�a�■■■■■�■■/a�eN■wti�■■�■■■■� DIAURPM N View of Driveway rrim Garage r '- c a? L View from Dock 3 �1 2� S C A [ E l /N'C 0 0 M.C. .� 2251 00 me• ---- — - --" SMOREii 04 �sl 00 rl •• + o site NPart • n9d ON\\\ 'R�f•+-mil ''� \ ib�i. , J e4y1 ��1�� � '• � PSG \\�i�, >, � � •, .. pi a�nfw�o'S Su.Owili01' ,- R'c[ MM:•h. i O, LOT ..spa-! ede■ Jac. 0-4 =r- -G y j/ASTER216 "' " rorT `rso, ,• • CAS oJo / q .� C}i1 n ei v fly ri • . �t of . •..,:. i:Y . Jt • lit. ( I i I •n 1 Pi ti V ro,•sr �� � tii)� GASGO i'•L� I. •i a e . Y to SAP 1 ��. ,,fit \ ,9 , tits-� �% ...• `_ .�. t t P' ,• •S r• rS/ to r• 'u•. • a90 4 24 GRID - COMPARABLE DATA APPLICANT'S NAME: Lawrence Kane ADDRESS: 2697 Casco Point Road PROPERTY ADDRESS: 2697 Casco Point Road P.I.D. /: 20-117-23 23 0004 MUNIC: Orono TYPE OF BLDG.: STORY HEIGHT: 1ST FLOOR AREA: GROSS BLDG. AREA: YR. OF CONST.: CONDITION: 1ST FL. ROOMS: ZND FL. ROOMS: BEDROOMS: BATHS: HALF BATHS: FIN. BSMT. SO•FT.: WALKOUT: FIREPLACE: AIR COND: GARAGE AREA: PORCH AREA: L0' SIZE: COMPS -SALE DATA: SALE DATE SALE PRICE SALE/SO.FT. SUBJECT -APPRAISAL DATA: MKT. VALUE APPR. APPRAISAL/SO.FT. REINRKS: SUBJECT PROPERTY COMP 01 COMP R2 COMP N3 COMP 04 Exp Exp Exp Exp Exp 1.50 1.25 1.25 1.25 1.75 960 1008 1233 1008 728 1440 1151 1469 1209 1274 1930 1930 1954 1920 1910 Average Good Good Average Average 4 4 4 4 3 2 2 2 2 3 2 3 3 2 3 1 2 1 1 1 1 0 0 0 0 0 0 0 0 0 Stairs No No No No 1 1 1 1 1 Yes No No No No 420 280 360 264 816 EP 520 0 0 Dk 280 EP 260 60 K 360 69 K 220 75 K 200 50 K 320 100 X 540 9/80 3/87 2/87 4/87 10/86 125,000 112,750 125,000 125,000 161,000 86.80 97.96 85.09 103.48 126.37 141,000 97.92 E CQQYNil 4 1 --- mania: Orono Address: 1348 Rest Point Circle b-may.. CQ@ABAILE e 2 tome: Orono Address: 1935 Concordia Street Asa=�+-►:�L...it'."� COMPARABLE ♦ 3 COMPABABll d A Tunic: Orono Abntt: Orono Address: 2184 Shadyrwod Road Address: 3180 North Shore pr 1, 6 FORESLME T-. rmm0&A I s, .. BIACR L"E ,H e� G a w m N 7 1 VALUE CONCLUSION The subject property is located in southwestern Orono on Casco Point. It has 60' of lakeshore on Spring Park Bay of Lake Minnetonka. The site contains approximatley 21,600 square feet. The garage elevation is about 15' below the street with a fairly steep driveway. The house is about 15' above the lake level with a moderately steep bank. The shoreline is sandy and good. The elevation of the sanitary sewer in the area is such that requires a lift station to service the subject. This lift station is one of several in the City of Orono that is privately owned and maintained. The sewer in the house exists about 4' above the basement floor. The basement is unfinished and shows a minimal amount of dampness. The structure was built in the early 1900's with some updating done over the years. It is comparable in age and condition to an average 1930 house. The kitchen layout is original with updated, painted cabinets. Also on the first floor are a den, half bath, dining room, living room and a fair enclosed porch. A stone fireplace is located in the living room. Upstairs has 2 bedrooms, an upper enclosed porch and a full bath. The bath is tiled on the floor and wainscoted in ceramic. The 2 car detached, frame garage is in fair condition with the floc, cracked and settling. The driveway is blacktopped as well as a substantial parking area. Mr. Kane purchased the property in 1980 for $125,000 and has made no major changes to the property since then. All of the 60' lakeshore lots in the area are valued the same but Mr. Kane has some drainage problems ant' a private sewer lift station. Comparable M1 located 2 miles northwest of the subject on Nest Arm Bey is a similar style and age home on 69' of less desireable lakeshore. Comparable N2 is also located on Nest Arm Bay, 1 mile northwest of the subject. It has 75' of lakeshore with a similar house. Comparable 03 is a similar structure on 50' of Crystal Bay shoreline, 1 mile northest of the subject. Comparable a4 is located 2 miles northeast on 100' of Maxwell Bay shoreline. The structure is similar with a larger lot. A number of sales occured on Casco Point but generally were higher with structures not very comparable to the subject. The property adjacent to the south sold in 1987 for $195,000. It is similar style but much larger. It supports the indication of value after substantial adjustments. Various adjustments for age, condition, physical differences and location were made to each of the sales. The range of indicated value for the subject was from $139,200 to E142,150. My final opinion of value for the subject as of January 2, 1988 is $141,000. (One Hundred Forty One Thousand Dollars) A" Glen Busitzky Principal Appraiser May 26, 1988 CERTIFICATION This is certification that I have personally inspected the property described in this appraisal report, that all statements of fact contained in this report are true and correct to the best of my knowledge. 1 have no present or contemplated future interest in the subject property. No one other than the undersigned prepared the analysis, opinions, or conclusions concerning real estate that are set forth in this appraisal report. The value estimate is not contingent on any fees or monetary consideration. This report has been made in conformity with the professionalstandardsof the International Association of Assessing Officers. Certified by, -'J+'-. Glen F. Busitiky Principal Appraiser 10 QUALIFICATIONS OF GLEN F. BUSITZKY, APPRAISER Experience: 1'iA7 - Present Principal Appraiser - Hennepin County Assessor's Office 1994 - 1987 Senior Appraiser - Hennepin County Assessor's Office 1980 - 1964 Appraiser - Hennepin County Assessor's Office 1977 - 1980 Appraiser - City of Minnetonka Assessor's Office 1971 - 1977 Appraiser - Winona County Assessor's Office Education Background and Training: Schooling - Winona State University Winona Area Vocational Technical School Minnesota State Board of Assessor's Training Courses: Basic Assessment 8 Appraisal Assessment History, Laws and Procedures Residential Appraisal Commercial and Industrial Appraisal Narrative Report Writing and Computer Applications Assessment Administration Apartment Appraisal Workshop Lakeshore Appraisal Annual Property Valuation Short Courses Various Workshops on Related Topics International Association of Assessing Officers Training Courses: Mass Appraisal (IAAO - 301) Income Approach to Value (IAAO - 2 ) American Institute of Real Estate Appraisers Training Courses: Capitalization Theory and Techniques Part A Hennepin County Sponsored Training: Building Trades Blueprint Reding Building Construction Blueprint Reading Survival Skills for New Managers Miscellaneous: Earth Sheltered Housing Various Workshops on Dealing with People Professional Designation: Certified Minnesota Assessor - 1973 Professional Membership: Member of Minnesota Association of Assessing Officers 11 APPRAISAL REPORT of a Single Family Residence William Dampier 3550 Ivy Place Orono, Minnesota Prepared for: DONALD F. MONK Director of Assessments Hennepin County A-2103 Government Center Minneapolis, Minnesota 55487 by: Glen F. Busitzky Principal Appraiser Dale Armbruster Appraiser Apprais: Date January 2, 1988 Appointment Number: H-87 HENNEPIN COUNTY 1988 BOARD OF EQUALIZATION NAME: WILLIAM DAMPIER APPOINTMENT DATE: Monday, June 27 APPOINTMENT TIME: 3:10 p.m. BY: TIME AUOCATED: 10 MAILING ADDRESS: 3550 Ivy Place Wayzata 55391 PHONE: 471-0664 PERSON PRESENTING THE APPEAL IS: K PROPERTY OWNER AUTHORIZED REPRESENTATIVE SIGNED DESIGNATION ON FILE BOARD OF EQUAL. RECORDER PROPERTY ADDRESS: 3550 Ivy Place P.I.D. 20-117-23-42-0016 PROPERTY TYPE: Residential CITY: Orono (Appointment Scheduled: 6/10 at 2:10 By: imb To Assessor: 6/10/88 1 VALUE PRIOR DECISION OF TO VALUE AFTER COUNTY BD.OF MOTION: LOCAL BOARD LOCAL BOARD EQUALIZATION LAW MARKET VALUE $ 75,700 $ No Change $ 8Cp00 SECOND: STRUCTURE MARKET VALUE $ 63,300 $ 4/00 0 TOTAL MARKET VALUE $ 139,000 $ $ /3:/000 LAND MARKET VALUE STRUCTURE MARKET VALUE TOTAL MARKET VALUE REVIEW APPRAISAL ASSESSOR'S RECOMME DATICN $ 80,000 80,000 $ 44,000 44,000 $ 124,000 124,000 1 View From Street Vier from OoCk S.112 SEC. 20, TN H7, R. 2.3 }„ }II 31 r ul e L+y ,,.. ,,F.ircockp .OAh f. '�e, � c•., is � d .r n' Ael / M M ,s .nb ,I i w• y .,.• °l%N,� fir,` 4 ,: 4 _ �-- \ i . a yr• 'yi�.,•II (���� ♦ � to er.,M. M� r � � y�C! r JY• 1w1•, �ie1 I .y t �QO . N • VP , I APPLICANT'S NAME ADDRESS: PROPERTY ADDRESS: P.I.D. A: MANIC: GRID - COMPARABLE DATA William Dampier 3550 Ivy Place 3550 Ivy Place 20-117-23-42-0016 Orono TYPE OF BLDG.: STORY HEIGHT: 1ST FLOOR AREA: GROSS BLDG. AREA: YR. OF CONST.: CONDITION: 1ST FL. ROOMS: 2NO FL. ROOMS: BEDROOMS: BATHS: HALF BATHS: FIN. BSMT. SO.FT.: WALKOUT: FIREPLACE: AIR CORD: GARAGE AREA: DECK AREA: LOT SIZE: LAKESHORE: COMPS -SALE DATA: SALE DATE SALE PRICE SALE/SO•FT. SUBJECT -APPRAISAL DATA: MKT. VALUE APPR. APPRAISAL/SO.FT. REMARKS: SUBJECT PROPERTY COM, ,1 COMP 02 COMP #3 COMP 44 1 3/4 Story 1 1/4 Story 1 1/4 Story 1 1/4 Story 1 3/4 Story 1 3/4 Story 1 1/4 Story 1 1/4 Story 1 1/4 Story 1 3/4 Story 1,560 1,008 1.154 1.008 736 2,280 1,208 1,356 1.151 1,204 1920 1920 1910 1930 1930 Average/Poor Fair/Average Good/Average Average/Fair Good/Good 4 4 4 4 3 3 2 2 2 2 3 2 2 3 2 1 1 1 1+3/4 1 2 0 0 0 1 0 0 0 0 0 No No Below Avg. No No I 1 0 1 1 No No No No No 660 SF 2 Car 264 SF Det. 576 SF Det. 280 SF Det. 264 SF Det. 568 SFTU 280 SF 440 SF 0 0 12,000 17.000 17,000 14,000 12,000 51 50 50 69 70 5124,ODO $54.39 4/87 5/86 3/87 5/36 $125,000 $128,000 $112,750 $165.000 $103.48 $94.40 $97.96 $100.13 v e COMPARABLE d 1 Mimic: Orono Addsua: 2194 SMdywood Road COMPARABLE 0 '? MLnic: Orono Address: 1447 Park Drive .ft i COMPARABLE a 3 COPARABL2 d 4 A.Utc: Orono lAmie: Orono Address: 1348 Rest Pt. Cir. Addn -s: 2092 SAadyrood Road 6 VALUE CONCLUSION The subject ocated on Casco Point, in the City of Orono, with 51 feet of C is Bay lakeshore on Lake Minnetonka. The neighborhood is xcupied variety of homes consisting primarily of remodeled and rebuilt older single family residences. The lot slopes gently to the north and gently from the house to the lake with a starting elevation 15 feet above shore level. The lot is lightly wooded with mature trees and sandy lakeshore. The house, set back approximately 100 feet from the lakeshore, was originally a 30' x 32' one and 1/2 story house. Currently, after additions and remodelin, the house contains 2,280 square feet of gross building area. A..hough the building is large, the layout and roan size create an inefficient use of space. The structural design and quality of workmanship throughout the house are door. The load - bearing walls of the house are incorrectly positioned resulting in floors that are unstable and unlevel, doors that shift out of square, and a sagging roofline. The basemrnt contains an unfinished workshop with storage and 660 square foot, 2 car, tuck -under garage. The main level has a living room, kitchen with dining area, laundry room, one-half bath, a family room and a den. The living room, with a large stone fireplace, overlooks the lake, and sliding glass doors lead to a 480 square foot deck. The kitchen has a built-in range, oven, dishwasher, disposal, trash compactor, average cabinets, wood countertops and a carpeted floor. The second level has three bedrooms and 1 A 112 baths. The impact of the structural deficiencies on the first floor of the house are more pronounced on the second floor. The subject property was listed from July 1982 until October 1982 for $149,900. In October 1982 until December 1983 the property was listed at $134,900. In October 1985, after foreclosure, the present owner purchased the property for $107,000 from Park National Bank of St. Louis Park. The property had been listed for $114,900 for 17 days prior to the purchase. Comparable M1 sold in April 1987 for $125,000. This comparable is located approximately one mile north of the subject on 50 feet of lakeshore on Crystal Bay. This house is similar to the subject in age, condition, and quality of lakeshore. Both lots have 50 feet of frontage and similar slopes to shore level. Adjustments were made for size and building quality. Comparable M2 sold in May 1986 For $128,000. The comparable is located approximately 2 miles north of the subject on 50 feet of lakeshore on Forest Lake. This site on Forest Lake is slightly inferior to the subject's site on Ca man's Bay. The property is similar to the subject in style, condition, and amount of lakeshore. Adjustments were made for size, building quality and lakeshore quality. Comparable M3 sold in March of 1987 for $112,750. The comparable is located approximately 2 miles north of the subject on 69 feet of lakeshore on West Arm Bay. The house is similar to the subject in style, lot size, and building quality. Adjustments were made for building size, deck, and quality and amount of lake frontage. Comparable M4 sold in May of 1986 for $165,000. This comparable is located approximately one mile north of the subject on 70 feet of lakeshore on Crystal Bay. The house is similar to the subject in style, quality of lakeshore and lot size. Adjustments were made for building size, quality, condition and lakeshore frcntage. While analyzing the market for competing properties, we considered sales that occurred for the purpose of removal or renovation of the structure. A number of these sales ha%e occurred in the last three years on Casco Point and they confirm our value conclusion. The comparables we selected were significantly smaller than the subject. We chose these comparables because the layout and room efficiency provided similar utility to the subject, and the site and lakeshore values were comparable. After adjustments were made to each of the comparables, a value range from $123,700 to $132,600 is indicated. Comparable number one is considered most similar to the subject, and after adjustment provides a strong indication of market value. Our final opinion of market value for the subject property as of January 2, 1988, is $124,000. (One Hundred Twenty Four Thousand Dollars) Glen F. Busitzk J June 23, 1988 Principal Appraiser Dale Armbruster June 23, 1988 Appraiser w� _IOUND aJ hF5' axM J ea. — BLACK LAKE v T. Ai 4 City of Orono, NCinne CERTIFICATION This is certification that I have personally inspected the property described in this appraisal report, that all statements of fact contained in this report are true and correct to the best of my knowledge. I have no present or contemplated future interest in the subject property. No one other than the undersigned prepared the analysis, opinions, or conclusions concerning real estate that are set forth in this appraisal report. The value estimate is not contingent on any fees or monetary consideration. Th .s r..,,nrt has been made in conformity with the professional stnncA ' s of the International Association of Assessing -0fficars. Certified by, Gle; Glenn FF.. Busitz ky Dale Armbruster June 23, 1988 10 QUALIFICATIONS OF GLEN F. BUSITZKY, APPRAISER Experience: 1987 - Present Principal Appraiser - Hennepin County Assessor's Office 1984 - 1987 Senior Appraiser - Hennepin County Assessor's Office 1980 - 1984 Appraiser - Hennepin County Assessor's Office 1977 - 1980 Appraiser - City of Minnetonka Assessor's Office 1971 - 1977 Appraiser - Winona County Assessor's Office Education Background and Training: Schooling - Winona State University Winona Area Vocational Technical School Minnesota State Board of Assessor's Training Courses: Basic Assessment 8 Appraisal Assessment History, Laws and Procedures Residential Appraisal Commercial and Industrial Appraisal Narrative Report Writing and Computer Applications Assessment Administration Apartment Appraisal Workshop Lakeshore Appraisal Annual Property Valuation Short Courses Various Workshops on Related Topics International Association of Assessing Officers Training Courses: Mass Appraisal (IAAO - 301) Income Approach to Value (IAAO - 2 ) American Institute of Real Estate Appraisers Training Courses: Capitalization Theory and Techniques Part A NHennepin County Sponsored Training: Building Trades Blueprint Reading Building Construction Blueprint Reading 10 Survival Skills for New Managers Miscellaneous: Is Earth Sheltered Housing Various Workshops on Dealing with People Professional Designation: Certified Minnesota Assessor - 1973 M Professional Membership: Member of Minnesota Association of Assessing Officers C _. 11 QUALIFICATIONS OF THE APPRAISER, DALE ARM9RUSTER June 1988 EXPERIENCE: One year experience as an appraiser's assistant in the Assessing Office in Edina and Minnetonka, Minnesota. Current Position - Staff Appraiser, Hennepin County EDUCATION: Graduated 1983 (Magna Cum Laude) from Winona State University with a B.S. in Accounting, a B.S. in Business Administration and a B.A. (Minor) in Communications. REAL ESTATE AND ASSESSOR RELATED EDUCATION: Minnesota School of Real Estate - The Appraisal Profession Residential Property Valuation Income Property Appraisal American Institute of Real Estate Appraisers - Real Estate Appraisal Principles Minnesota Association of Assessing Officers - Assessment Laws and Procedures Income Property Appraisal Minnesota Assessor's 1987 Short Course and Workshop PROFESSIONAL DESIGNATION: Certified Minnesota Assessor 12 APPRAISAL REPORT of a Single Famtly Residence Stewart Perry 2975 Casco Point Road Orono, Minnesota Prepared For: DONALD F. MONK Director of Assessments Hennepin County A-2103 Government Center Minneapolis, Minnesota 55487 by: Glen F. Busitzky Principal Appraiser Dale Armbruster Appraiser Appraisal Date January 2, 1988 Appointsant Number: H-70 r HENNEPIN COUNPY. 1988 BOARD OF EQUALIZATION NAME: STPSART PERRY APPOINTMENT DATE: Monday, June 27 APPOINTMENT TIME: 10:40 BY: TIME ALLOCATED: 30 MAIL :DDRESS: 2975 Casco Point Road Wayzata 55391 PH=: 473-0130 PERSON PRESFITTTNG TTE APPEAL IS: x PROPERTY OWNER AUTHORIZED REPRESENTATIVE SIGNED DESIGNATION ON FILE BOARD OF EQUAL. RECORDER pRDPERTY ADDRESS: 2975 Casco Point Road P.I.D. 20-117-23-31-0045 PROPERTY TYPE: Residential CITY: Orono (Appointment Scheduled: 6/8 at 9:40 By: jab To Assessor: 6/8/88 ) VALUE PRIOR DECISION OF TO VALUE AFTER COMM BD.OF MOTION: LOCAL BOARD LOCAL BOARD I LAND MARKET VALUE $ 121,500 $ 121,500 00 0 Ettw: STRUCTURE MARKET VALUE $ 165,400 $ 155,9000 6,�20 0 0 0TOTAL MARKET VALUE $ 286,900 $ 277,400 o00 COMMENTS: REVIEW APPRAISAL ASSESSOR'S RECOMMENDATION $ 120,000_ 120,000 $ 130,000 130,000 $ 250.000 250.000 1 we �ti t Ka: View from Street View from Dock 3 GRID - COMPARABLE DATA APPL!CANT'S NAME: Stewart Perry ADDRESS: 2975 Casco Point Road -^ERTY ADDRESS: 2975 Casco Point Road J, 0: 20-117-23 31 0045 Mfh1C: Orono SUBJECT PROPERTY COMP 01 COMP N2 COMP d3 COMP N4 TYPE OF SLOG.: Contemporary Contemp. Contemp. Contemp. Contemp. STORY HEIGHT: 2.00 1.40 2.00 2.00 2.00 1ST FLOOR AREA: 2758 1180 2748 2548 625 GROSS SLOG. AREA: 3902 1180 4050 3668 1250 YR. OF CONST.: 1950 1984 1920/Rem. 1910/Rem. 1968 CONDITION: Avg. Good Good Good Good 1ST FL. ROOMS: 8 3 9 5 2 2140 FL. ROOMS: 2 0 3 4 2 BEDROOMS: 4 3 3 4 2 BATHS: 4 2 4 3 2 HALF BATHS: 0 1 1 1 0 FIN. BSMT. SO.FT.: 1500 900 2000 700 500 WALKOUT: No Yes Yes No No FIREPLACE: 4 1 3 1 1 AIR COND: Yes No Yes Yes No GARAGE AREA: TU 900 Att 576 Att 564 Det 771 Bet 576 PORCH AREA: Deck 1200 EP 140 Deck 2000 Deck 540 Deck ISO LOT SIZE: 80 X-250 120 X 165 70 X 250 190 X 350 70 X 270 (channel) CORPS -SALE DATA: SALE DATE 10/86 5/85 7/86 9/87 SALE PRICE 211,000 345,833 337,500 199,000 SALE/SQ.FT. 178.81 85.39 92.01 159.20 SUBJECT -APPRAISAL DATA: MKT. VALUE APPR. 250,000 APPRAISAL/SO-FT. 64.70 REMARKS: A COMPARABLE P 1 Munic: Orono Address: 4460 North Shore Drive COMPARABLE ♦ ) Runic: Orono Address: 2515 Kelly Avenue GHPARABLZ . 2 LLnie: Orono Address: 4685 North Shore Drive COWALABLE d A Amic: Orono Address: 2801 Casco Point Road 6 1ca IL 4 • .� �� crosnL aw a r J 110 w.. 9,X LME City of Orono, IVlinne: VALUE CONCLUSION The subject property is located in southwestern Orono on Casco Point. The 20,000 square foot site has 80 feet of Minnetonka lakeshore on Spring Park Bay. The driveway is level from the street to the tuck - under garage. The rear of the lot slopes gradually toward the lake with a 15' moderately steep bank to good sandy shoreline. There is a patio deck about 5' above the shore. The property is served by city sewer with city water available (currently on a private well). The original structure was a cabin constructed about 1930. In 1950, an addition was built resulting in a 2,000 plus square foot one-story rambler with basement. Mr. Perry completed a 2 story addition with basement in 1979 which increased the main living area to 3,902 square feet. The lower level has 2 family rooms (each with a fireplace), a darkroom and a 3/4 bath for an additional 1,500 square feet of finished living area. There also is a 900 square foot, 3 car tandum tuck under garage in the original basement. A srmp pump has been installed to solve a water seepage problem that occurs after heavy rains. There is evidence of past water damage to the basement area of the 2 story addition. The main level has a kitchen, dining room, living roam, family room, 3 bedrooms and 1 3/4 baths. The living room has a large stone fire- place, beamed ceiling and sliding glass doors leading to a large lakeside deck. The condition of the 2 story addition is superior to the original house which was not updated. The entire main floor of the house has design and quality inconsrstancies resulting in significant functional obsolescence. The exterior design of the 2-story addition and the original house are also inconsistent. 'he inconsistency results to significant value loss in upper -bracket contemporary homes. The upper level consists of a vaulted master bedroom suite with a fireplace and sitting room. The master bath has a shower, hot tub, and sauna. Sliding glass doors lead to a covered deck overlooking the lake. The ceiling is water stained near the fireplace due Co Improper flashing on the chimney. The hot tub can't be used because it leaks. Comparable al is located 2 miles northwest of the subject on 120' of channel leading to Forest Lake. It is considerably smaller and was designed and built as a contemporary in 1984. It sold in October of 1986 for $211,000. Comparable e2 is also located 2 miles northwest of the subject but on 70' of west Arm Bay. This structure has a recent two-story addition to the original one-story house. The design and quality are superior with the size being slightly larger than the subject. It sold to May of 1986 for $345,833. Comparable M3 is located 1/2 mile northeast of the subject. The lot has over 200' of frontage on Carman's Bay and tapers to 24' at the street. It is an older home that has been enlarged significantly in a contemporary fashion. The house is slightly smaller than the subject and it is in good condition. In July of 1986 it sold for $337,500. _ Comparable M4 is located 1/4 mile north of the subject on 70' of Spring Park Bay shoreline similar to the subject. This rebuilt older home is much smaller and a better design than the subject. It sold in September 1987 for $199,000. In 1982 it sold for $140.000. The comparable sales required adjustment for physical differences. The most significant areas of adjustment were for building qualities, size, location and site. On lakeshore properties, the value of the land is a significant portion of the total and location is a big factor. Comps /1 and Y2 located on Nest Arm require substantial location adjustment with Comp 03 having much more frontage and size. Comp B4 has a site requiring no adjustment but the structure is much smaller. The comparables, after adjustments, indicate a val- ange from $240,000 to $255,500. Mr. Perry had the property listed from January thru July of 198b fur $268,000. He stated that no offers were received during the listirg but he was offered $235,000 since then by someone who saw the old listing. The offer was not accepted. Considering these factors, our final opinion of value for the subject as of January 2, 1988 is 5250,000. (Two Hundred Fifty Thousand Dollars) Glen F. Busitz ky June 14, 1988 Principal Appraiser �U awn� Dale Armbruster June 14. 1988 Appraiser 9 CERTIFICATION This is certification that I have personally inspected the property described in this appraisal report, that all statements of fact contained in this report are true and correct to the best of my knowledge. I have no present or contemplated future interest in the subject property. No one other than the undersigned prepared the analysis, opinions, or conclusions concerning real estate that are set forth in this appraisal report. The value estimate is not contingent on any fees or monetary consideration. This report has been made in conformity with the professional standards of the International Association of Assessing Officers. Certified by, Glen F. Busitzk June 14, 1988 CERTIFICATION This is certification that I have personally inspected the property described in this appraisal report, that all statements of fact contained in this report are true and correct to the best of my knowledge. I have no present or contemplated suture interest in the subject property. No one other than the undersigned prepared the analysis, opinions, or conclusions concerning real estate that are set forth in this appraisal report. The value estimate Is not contingent on any fees or monetary consideration. This report has been made in conformity with the professional standards of the International Association of Assessing Officers. Certified by, ClMrtlA� Dale Armbruster June 14, 1988 11 94h QUALIFICATIONS OF GLEN F. BUSITZKY, APPRAISER Experience: 1987 - Present Principal Appraiser - Hennepin County Assessor's Office 1984 - 1987 Senior Appraiser - Hennepin County Assessor's Office 1980 - 1984 Appraiser - Hennepin County Assessor's Office 1977 - 1980 Appraiser - City of Minnetonka Assessor's Office 1971 - 1977 Appraiser - Winona County Assessor's Office Education Background and Training: Schooling - Winona State University Winona Area Vocational Technical School Minnesota State Board of Assessor's Training Courses: Basic Assessment 6 Appraisal Assessment History, Laws and Procedures Residential Appraisal Commercial and Industrial Appraisal Narrative Report Writing and Computer Applications Assessment Administration Apartment Appraisal Workshop Lakeshore Appraisal Annual Property Valuation Short Courses Various Workshops on Related Topics International Association of Assessing Officers Training Courses: Mass Appraisal (IAAO - 301) Income Approach to Value (IAAO - 2 ) American Institute of Real Estate Appraisers Training Courses: Capitalization Theory and Techniques Part A Hennepin County Sponsored Training: Building Trades Blueprint Reading Building Construction Blueprint Reading Survival Skills for New Managers Miscellaneous: Earth Sheltered Housing Various Workshops on Dealing with People Professional Designation: Certified Minnesota Assessor - 1973 Professional Membership: Member of Minnesota Association of Assessing Officers 12 QUALIFICATION OF DALE ARMBRUSTER, A11PRAISER June 1988 Experience: One year experience as an appraisers' assistant in the Assessing Offices in Edina, Minnesota and Minnetonka, Minnesota Current Position - Staff Appraiser, Hennepin County Education: Graduated 1983 (Magnu Cum Laude) from Winona State University with a B.S. in Accounting, a B.S. in Business Administration and a B.A. (Minor) in communication. Real Estate and Assessor Related Education Minnesota School of Real Estate The Appraisal Profession Residential Property Valuation Income Property Appraisal American Institute of Real Estate Appraisers Real Estate Appraisal Principals Minnesota Association of Assessing Officers Assessment Laws and Procedures Income Property Appraisal Minnesota Assessor's 1987 Short Course and Workshop Professional Designation: Certified Minnesota Assessor 13 *W-i41IR i,UG 2215i' LIST OP LICENSES PON CbU1JCIL'4�1NOVR�� a FOR MEET3WO OP August 22, 1988 One Day Liquor License - Smith College Club of Minnesota Art Center of Minnesota September 9, 1988 Septic System Installer - ROW -Rooter Sever Service Company 14530 -27th Avenue North Residential Kennel License - John E. Baker 4680 West Branch Road aIV pGi H II IIP PERMIT l>A Ej Dale September 9. 1988 as i i gee C%;Sint 6lIY, GCii. 55323 ild Tim Lesin n,.r.. n..,•. — ..mi.e .sea ''.."t^:STATE OF MINNELOTA-"+••uet ...era DEPARTMENT OF PUBLIC SAFETY APPLICATION FOR PERMIT TO ONLY ALLOW CONSUMPTION B DISPLAY OF INTOXICATING LIQUOR ITNI ApMNnbn FMB It Typewritten bid WbmIMY Nlan Arms Ill Of tM Vnel n anawpiny IN Ionimin0 questions "APPLICANT" MAI W Wwrntd n known: Fa a I'llun WF. ... PI IN pnlwrl mot I... This pWicolion IF, tll murew, PI IN n11v11lri0 Fat Cmnewnon. pet olrrter mall tuna bib polibelinn Inc Fn onlnn, Nmla1 bill naLlmlaa. fw t Club. M ul IM club ollian Put nacure the mousition Inc al W Nmears. 11 nditione IVxt n ronuirOl, teas a uarnle rintl of p1.,. iMinlino M numMr nN finsuen Burned. tFEE FOR PERMIT -BED U) $25.00 EVERY OUESTIDN MUST RE ANSWERED I. I. Liza Poilen ,pa a club representative for and in Mhblf of Smith Colteger'Olub of Minnesota mach, ,III for a tonwmpC0n Permit flowing AZ display .1 Intessltatin0 tli0ua 10 W locafad as Art Center of N.....Oto , Municipality of Orono , Pat Office of Wayzata In ..m mwtwCounty of Hennepin , no -was salt Mrwl Spite of Miminow in accordance with Old prwitiuna of M.S. 060.119. 2. Will business M operated in a private club or public PEWS eoljo a aluvna; organisation to alto o ca 3. State type of b.lnce This is a T ne-dgy annual fund-ral.lng event open to Alumnae of Sm1E1r g eCiige end—E r guae e. a. FOR A PUBLIC BUSINESS: II a parmership, slow wrow and Wdtm of each member of pprsMMip; it a corporalw0, stale name and eddrnt of officers and dinscuet. Not applicable 5' FOR A PRIVATE CLUB: Data club pen drgablead... Lear; 1950e it club incorea, cl no number of ..firs A 600 , length of lime in pr.Mi location � , h club building owned Or wormul - n.a. wMl it roe memMMiy duce $1200 what ale tin.rtauiremenn for membenMp a -an aI=E of Smith Col Age, oll-zRFiGpton, Massachusetts Don club maintain Inchon to W used by members for storing intosicating Meteor no N.M. of all olfins, and/. directors all the club: Margaret Wurtela, President 2409 East Lake of the IBIS., Kill 5560' rnint, Molly churchyard, Vice President '"1%T6 oven.,- Or., Bloomington 55631 Inuun Virginia Humphrey, Secretary InM6 Irving Ave. So., Minneapolis 5560E North. Heiberg, T..... a.. '^"Tk Bo. Ceder Dr., Excelsior 55331 Emim with this anMlenion a copy gl the Constitution and By Lab of the club Sera current list at bonF fiM mmmMrs. 6. 11 Usphcsnt or my Mnrw. EPIMMion off?er . dutch. club ofit. or dirai it not a cilicM of IM United SIEIn. list such noncitizens T Stpte name .1 pwMn wf10 will pp.EN 0, mmlaW business Lisa Poilan is a co-ch it for this one -day 2016 Glanhurat Ave. --eveevent. St. WUi. Park, MN 6 6 B.On wee, Hour is Inc nlablurmaril Isibled, or to Im Incaled let flat of Art Canter 9. Npw Sir" 61t~ elnoMd ume, IN Icl ordmaMer do not it. Aepn..l I I vnnana, bees CO NOT WE pwta CIIaI eery. 10 Slur non, and a11U•Ms ul owner or owllea of Wilding wherein the M.InMI will W lowed Art Center of Minnesota - non-profit 22e0 North Shore Drive 1----- �-IIIBpN1R-Bf� r.«.«I Wayzata, M S5391 11. no .yphraur, d pannm nq\ a.ny Mn lneq it CDm.vapan. eny Tillie., or director. 11 rheb, env Nu. allp., ue ever hm1 .I Igenee under Ilw Minrwtotn Liquor CMVol Act heated or nnp.nAd or III, oonvirp.d Ind nrev viul;mm� ul Sum Laws or local on inenwts it has ere: dnM and douis No —_ 12 1• uypl¢ALI; it p,,ex-olho ury wgny; it cartwmlie" runs oTheir or direLiae: it club, any their ull.w or N"...", . nemher of the guvmAog Will of lha mylltipMity o, Counly in which IT. Mlmil it to 1. e.v.I., 'its.., in whet wpadtY 11. It..1glnbCar:L it r ,hx.r,Ihj,, an, partner: it terpo enw. any .lime., or drlLtilOr: it club, any curl• .'tirfr is, Lo.ow,g,, huna,l Multilne's iinellY of IndirHl in any liquor establishment in IIM ilAn of IAiNRWIir — . GiVL• earlier and.ddrN. of PKn Ml.blltllmanl le. FumiTn Ihn wmq .,so addrMs of at IaMt tnres, Wsinest mlomncH. Illcludlna one bmrk l.ly.nra: The Nayrata Bank 900 IT. Naytar,a Blvd., Wayzata 55301 "'Me Wool Club of Minneapolis 410 Oak Grove Street r.1Cie Center of Nlnnesote 23e0 North Shore Drive �- IS Wdl inlnaknlin9 house, W Told on the "exe. 10 1.,! Sum ars.oYl appliraliao it 1. Drifted A 2. Renewal . 0. 'rawly (III Stare whlllmr doMin9 will to Banished on the premise, No IT. Are in,: isomers now mcupied, or to be ptwpiud, ander y NpyaM And nq!Mi" I'm any MMr We"m Mlabhihro` -- 0_ Tic —emu 1' meet of Azte Center, no other group has center IF va toe tsar, drys 10. Smu: p.uNb n.ln.. to Im ned uses 19. Smm wlmllwr an "OmSal." or "0145Me" NominmaiealinR Mall BMysM LkenN Is. or will be granted in [Mention In lhie LusinMS and for illa mine premion NO . ID. 1tv :Iwn• Is.yr hfu J, u, rwll her. W mused. is S54W Federal Past Liquor Dealer's Spyial Tat Stamp Tax, he ,We 4liquor an Irene pre nc, No 2 liar: cur Irx I rkar on rtfinan'. IplponliiM I!m a wumpti rh oral d'nplus DI hooviealM9 bquu, �' have recaivUY �Icopy of the Orono regulation. 22 if ar. q e, rmn nuIxx,,, .lmw n I.,.,.nn ni Imdlfmd rle,wim! do not IT. __ Ln r! n.. rr ^N n All•. rVellr.a YMoaaaTODD TIW.1 HwWIT ,, Is... CII M..1a ;MI in. .11 DI wor 1CanND Lionse. eorm V acne, a a1NAa M,MM N aw Laws, erwrw Drr,rwr w we•eve aw Na IN , ewer. antra NO CONSIDFRATION WILL BE GIVEN TO TINS APPLICATION UNLESS APPROVED AS HEREINAFTER PROVIDED: 11 aopscenl a Iar:otM iq the County, fire Chairmsn of the Board o1 County Ce rntounnms or her A,warenlalinv 0n111 Hnr. Win copiM of the mine.unn .Pros.,,., n....,• c..,..r. [....,_..-.., ...., rr.......n II Myrliranl H Ie[yM in a Wroclaw.., dN Penrose. el Ise Carved .r prl R.ye1MOUH NNN NHrwe Win report of in. angrier. Smith College Club of Minnesota A c.•wwn 11,r. L,r uA ..., CITY of ORONO cMW1 ear. Min,.Mn lam BUILDING A ZONING-tl54)57 V - III ASSFSSING All questions must be answered. License fee, d, certifica of insurance, and evidence of MPCA Cert ificat' me Sewage Treatment workshop attendence must accompany All appli^ations are subject to a ten (10) day approval period. 1. Business or trade name 2e {c-�.=�rd 5�:.,,:r s.•. r•ac 2. Business address I11r1c 2777, .iu �_ 3. Business phone Residence phone 4. Name of applicant or company representative holding MPCA certification R 'cl and .✓ 'a I5 5. Type of certification held: Installer � Pumper Site evaluator System designer Is this a Provisional —certificate? A,,Certificate No.139� 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immlediatel prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? l� � Most recent year S. Have you ever had a license revoked? `v, When? Where? _ 4. Do you do municipal Sewer hook-ups? YesNo SUBMITTALS REQUIREDt `rnu- _-•�,. y+� L� 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as 1 obligee. The State Plumbers Bond will not be accepted. Je 3. $10-50-100,000 minimum Certificate of Insurance. j- 4. Copy of current MPCA Certificate or evidence of attendance I 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 Ordinances of the City of Orono. //�� I Date 7/,5/6J Applicants Signature C�.�,.,�G.:,./,�.<�`•-+I Staff recommendation 'Approval % Denial Date CITY Reason for denial, USE city Council Action Date Approve _ DenLcT ONLY Date license mailed KENNEL LICEMSI,APPLICATION ,. Effective March 1, 198 to February _, 198 i f Owner • Property Address: (include city and zip) Meiling Address (if different): Phone: (home) // 7.2 - J ! (work) RESIDENTIAL Kennel License Information: $25.00/year :. (payment must accompany application) cr Maximum No. of dogs to be kept at one time: - (over 6 months of age) -- - Principal Breed: 11 �� ��lL Purpose for more than 2 dogs: Dogs normally kept: I inside _kennel structure CONNERCIAL Kennel License Information: $150/year (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name) (phone Dog runs/exercise areas are: _inside _outside _both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and ,foes not grant any authority to vio:ate any provision of any City Ordina:,ce or other law or regulation; the undersigend hereby grants the City permiassion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. it4��—t ____ Datc for City Use Onl Kennelnspecte by __-( Date Recoeeends Approval M Denial__ CITY OF ORONO p A OK � 1 A c{ A) c.r Y—T—D +r — EMPL—�O NAME DIV 0 OBS GROSS EXP/A CAL.LAHAN EJ f 1 t 933 .36 241.47 (•, GOETTEN J 11 1933.36 1,41.67 �<3 GRABEK 3 11 2400.00 300.00 NETTLES AR 11 241.67 241.67 PETERSON BA 11 1933.36 241.67 ,, t'•• S1twE JA W3 11 14S0.02 0.00 COUNT GRAND 1,266.68 .. _ .�4 PAID 0000: TOTAL 00006 TOTAL TOTAL FICA TAX GROSS = .4G EMPLOYERS A - GROUP HEALTH B - PHYSICIAN'S HEALTH PLAN C s BLUE CROSS/BLUE SHIELD D r MEDICAL CEW ER PLAN £ - PRUDENTIAL F - COORD. HEALTH CARE G - MINNESOTA HMO H = TRANS—AMERICA OCC_ I - BANKERS LIFE J _ MUTUAL SERV I+ ES k = HUTUAL OF OMAHA L L EMPLOYEE'S BENEFIT M x AETNA N NICOLLET CITEL O LEA;UE OF CITIE`: P = METROPOLITAN HEALTH PLAN G ; SNARE EytALTH CARE MAINT ACCT M'' I wG Hf1,;P CODE FOP SOME EMPL' S CITY /OF//[[''OROrN'O p �J�b d / ��p y_T_D * _ EMPL-NO NAME DIV CROSS GROSS EXP/ ANDERSON SERNMARDS BOBZIEN BOSMA BOYLAN BRINKMAUS CARLSON CHESWICK CORNICK DENNESON ENGLISH II ERICKSON ERICKSON FARR FISCMENICM FRITZLER GAFFRON GERMARDSON OREGORY 1ALLIN AANSEN 1ANSING IACOBS JOHNSON (ILBO (IRNYCZUK (NUTSON (UEMN INDSTROM IABUSTH IEYER IIKELSON IILLS JR IORAN OROWCZYNS ORPOW AAB AS BRIEN MAN ALMER ETERSON ATHBVN OSS ASS CMAUSS CHEFFLER KREEN TEFFENMAG TEVENS 0 BL 31 21974.58 1340.36 ME 12 31664.20 2044.68 SA 31 13897.59 908.86 JL 12 7994. 27 451.23 SD 93 2477.78 261.38 JF 42 23995.26 1437.71 MB 35 591.60 51.00 G8 71 22671.49 1418.00 JL 31 20642.08 1333.1P RJ 35 2726.06 5.56 IM 31 20585.33 1360.70 DJ 93 10111.52 76.13 KR 31 21657.62 1273.52 PS 33 1883. 00 434.00 DT 31 18907.28 1292.47 JM 31 219S8.6' 1413.61 MP 33 18771.46 4290.40 JR 42 26198.24 1636.08 JD 42 18342.94 10�6.40 DM 12 16468.01 1030.00 SC 42 16206 31 959.20 CJ 31 7540.79 674.54 TJ 33 18771.45 1290.40 BP 31 20319.04 1,420.97 MM 31 28106.79 1760.00 M 31 5364.13 132.13 CA 15 11638,68 685.45 TM 15 25858 69 1646.64 DJ 93 140.26 0.00 JA 33 E2675.33 14114).24 MA 35 219.30 85.50 MA IS 13836 58 868.64 WH 93 1518. 7S 191.25 1F 31 23209 99 1269,73 J 31 22060 88 16E6.30 JS 31 SS65.95 426.40 TL 12 9449.08 922. 02 DO 93 961.89 0.00 RL 92 1500.00 830.00 LE 33 15455.20 964.08 PB 31 505.00 0.00 RD 93 0.00 0.00 WA 92 18067. 29 1153. 33 BJ 92 1891 52 822 40 JA 93 540 00 29 2F JJ 42 16496 70 959 20 CR 31 14935 19 1040 07 LK 12 1244 08 614 25 DS 42 16340 99 975 92 RE 93 171S2 29 1072 BO BG 93 2287 50 317. SO CITY 01` ORONO P � Y-T_D EMPL-NO NAME DI V GROSS GROSS EXP/l THOMTON MIS 31 I M 4 . 82 1197.35 TOMCHECK LF 31 ITT17.19 1193.94 TOMCZYK MW 31 e0310.56 1E96.05 WALSH KL 31 402.90 191.ES COUNT GRAND 48,101.43 PAID 00051 TOTAL 00055 TOTAL TOTAL FICA TAX GROSS i 25,723.87 EMPLOYER! A G1iO•_,P HEALTH 8 ; PHYSICIAN'S HEALTH PLAN C a BLUE CROSS/BLUE SHIELD D s MEDICAL "ENTER "LAN E - PRUDENTIAL. F v COORD. HEALTH CARE G - MINNESOTA HMO H - TRANS-AMERICA OCC I - BANKERS LIFE J = HUTUAL SERVICES K = MUTUAL OF OMAHA L - LHPLOYEE'S BENEFIT M = AETNA N - NICOLLET EITEL 0 w LEAGUE OF CITIES. p u METROPOLITAN kEALTH PLAN 0 s SHARE I = HEALTH CkRE MAINT ACC* MIC;SING HOSP CODE FOP SOME EMPL'S 11" CITY O[ M1 CM[CN Rells"a 04N-N PIOL 1 MCY NO ORT[ MINT W KNOW ITEN DESCRIPTION ACCOUNT 10. IW. t 1_0. S NEt[NCE !Root N/IL00 50 e! P-1 NIHWTOIWO SENT PROPINE OI-ILN-tot-IL 50 Oe ....CNS []510{ 1L/ILN 22. 92 PCRO-MINWSOTP INC OR" { NUTCN 11-ISI0-121-3I LY. 1L 1 ....CNS 115020 Op/Il/OL 9.9)l 50 .MERICN N.TL NNN BOND INT 1-1-06 14-1620-107-00 Inn sp . ....CNS E150)t 00/11/N 2 r] a { T CORN TELEPHONE 01-qt0-BN-IE L J501 O/Il/N 10 .1 i 1 T CORN ILL[LNONC 01-1]CO-1!Y]I L]!ev Le/nrpe e • T f T cMn T[LIPP. -oee-nl-n YI-.aee-el9-Ie e asnl eerlr/N 1 ]s tl f T CON. TCLLPHON[ ...... ...-cots !]SON N/Il/N p0.66 EARL E ANDERSON 1NC CRIRE HATCH Uam$ 01-R32-lt9-31 SO 6f • - .o-CNS o..0 L]51U Op/ILN 250. 00 Oil EWIP RENTIL 01-Q11-Q90-fl !]S Of] Op/1)/pe ]0 00 pil CAU RMAL TI-.JJI-510-1] ]00. 00 • 1- p]SOS. 00/17/00 It fr GLITZ ONE NO EOTO PHOTOS 01-.210-It9-31 ! A Q159f: Opn l/pp 65.00 SLMYOYI.N S SOMS JULY SERVICE Ot-O.]-011-IT LN S N/IT/pp 100.00 RLPCYOY LX I ONO JUL, .C•VICC Ol-1)1]-110-f1 l� I's 00 •u.0 .o-CNS L. []SOI. Op/Il/OB B0. 00 IONESTS00 ROKK ASN EMS RETAIN JUNE OI-q01-200-.1 [IbO7 ep/IT/pp V 00 PONE LTR 00 NUK AN !NE CONSULT JUNE 01-ON-L00-.I .. 1 []SOH 01/IT/pp 10f 00 pOKSTR00 RONK AN !N N. UN JNL 01-IJOI-M-N !]f01. OV II/Ip Ll]I IS tOK ETRN ROKN .N ENS CO.SVLT JNC 01-1J05-HO-lI 1 L)S.r1 01/11/pp ICI 'l MNtTR00 RONN AM ENS CONSULT JM !a-QOS-]Sf-00 L. SN OI. OS/Il/pp fl1 l5 SONSTROO ROSLN AN EN CONSULT JNL N-I)OSMIp-00 [7fO7 0L/Il/p1 J.S.. RONSTR00 RONK AN LMC USU$ JVK N-1]OS-IH-00 1 [IS O7 N/1 Trpe ]1[. TS NKSTROO MOOLK ASH ENS CN NLT JUNE R]SOI. OE/I,,: HT. 00 NKSTR00 RONIE AN [N CgIWL1 JUNE [5-I3.5-138-00 [a - o.-CNS .ou• I 4 JLNS N/I)AO 40. S1 "NET PRTC PRINTING 01-I)21-121-]1 L S to _ ISBN CITY OF }ONO CROCK REGISTER as -Le -all PACE ! CHECK NO. COTE {MOUNT VENDOR ITEM BE\CRIPTIN ACCOUNT NO. INV. • r.0. • MESSAGE • 10 S. •••-CMS :LE P]51U S\/Il/1\ 75 11 CORSILL BOLT UTIL tYf MA IMT 7E-4[34-50-91 154 1. • ...... ....CNB • eJs le. os/nnE let \O CON COLA VENDING CNCEBe]ONS i1-4002-n1-14 1 101.se . • ...... ....CNs • 21511e oB/Il/f\ {1. L5 COLONIAL LIFE INS CO LIEF IXf 01-.I SL-le6-]1 • []tll0 1E/Il/e! p.lE COLNIAL LIFE IN CO LIFE IMt 01-II SL-121-11 .41 OR • •uu• .... Cgs S e151.1 O6/l7/6. A.50 CORCORAN ART CARE JVLY SERVICE 01-.160-ISSOS • ]1. 50 3511Y ele OUN O OR \B 0ano1ll----1...1ene1ll0ase----ONe1J[N1r1---11l1L•51 •• TO cen ev 1.. rNI COnGIN, Cw + n !1 le cOOw rN INC colI¢EEs c15i.e n COrOw rN INC Y les l¢ 0011n0 421 Ow rR INC C."re O1-.E10-111-]] 10[ as • •.00 .o-CMS 2151.1 Os/Il/ss Is 00 CRNM "PRIM, INC DESK BIG. 01-.214-0ee-u • IS 00 •u o• ....CMS • L15150 N/IlA• l5.]0 CULLICON FAI MT sLON 01-QI]-OH-Ii []SISO Osn1A6 5.00 CULL ISAM MA[NT sL00B 1.-IN1-510-11 • 0 10 ...••• .... Cgs • L]5151 OVII/.. 1, lSl.l5 DANLNFN ONAPOL0V CO" FLAN .1 It 01-006-e15-ie 1,151. 15 • .uo• .o-CMS • lRlfi 00/li/\\ IB1.10 ENT BIBS BEVERAGE BEEN SUNK 11-1\IS-511-11 I Bf.te • !].IN OnLN \1.12 f O NEEM CONCESSIONSRESKE l.-U0t-551-SI e]. SE ...... .o-CNB I 1944 CITY o[ MCIIO CHECK W DATE [JE H9 H/Il/O , [JSIM o[/Il/b , P]SQft OP/It/B[ - IXQOJ Oe1I1169 tlE[IP Oe1I7166 nsnf un vas n5[16 ien T. es eJsna .9/Il/89 tJseu 69n 1/s6 ' -JsllP 09n11[8 enne ovn/ea nsne ofn vaf LJ9n[ o9/n/o � !JE [T[ • eJEn• 10117189 uuu ' t%HI 06/I l/ee CHECK REGISTER AAO NT MEMDW ITEM OEFCSIPTIOM .9 10 EARL M DAY E SONS MAIMT 94.00 as 53 ROLF E ERICKSON OFFICE SUPPLIED 1.119.00 10LF E ERICM90M ASK; SERVICE 1".. 53 G' se -pa -SO RACE ) ACCOUNT N0. INV. • P.O. E MESSAGE 01-.N]-IE9-ll fl-.en-691-14 61-4307-091-:4 •..-CKS 10. H ENRICH SAUNA CO CONCESSIONS RESALE 74-460E-SII-14 10 1. IB la ERICNSOM/HURT ERAS' PARTS 01-48)e-181-)1 i.lb •••-CK9 16. 00 EXPRESS M9eENCER POSTAGE OI-.)et -IE1o1 leaf ENS tell "WSW PARTS e0 EW Ir rMITS a)e-eH-.E e is ceMMl xe PANT. Co ew lF rntTi Tf-iCJea ii-+J nT ee ....CMS I.I..1 GLENWOOD INGLEWOOD UTILITIES 01-Qei-e++-tl a 61 . CK9 11f 00 GOLF CAN MIDWEST EW 11 RENTAL 74-4331-510-93 en ia• ....CMS e0a.el G [ N SERVICES CLOTHING fl-¢EI-EN-fE lseo i • A aaflas nAIMT el0c 01-on-lei-n 10 11 c i N aewlceN cwlX uc le-.Let-sii-11 u 4. c 1 N wKIEo CLOTx INi n-¢t-le i i A GLRVI... CLOTXINi Ti-RL1-Gf0-)J IuI.1. so ...-CNs )T.EL HAPPY$ POTATO CHIP CONCESSIONS T4-486E-511-94 )I EL o•-CKS I so HALLIN/OMOTMT METING 01-4)SS-040-1) e I 066 CITY OF ORONO CHECK REGISTER O9-QS-99 PAGE A [NEC. NC DA"F A11pVNi vCx00E ITEM DESCRIPTION ACCOUNT M0. INS P P.O. 6 MESSAGE • 2]5251 0 "/9B A OJ HALLIM/OOR OTHY MILEAGE 01-O8I-0A0-13 E 11 .3 r ♦ ...... or - CMS E 935303 06i1NBB 297 50 HEWN CTY FIN DIV JAIL CHARGES JUNE 01-A3SB-060-IE EST 10 • f •u ••• ....CM3 f 215105 OBn I/BB 1 a5 NE HN <Tv OEPT TAX POSTAGE al-OSI-OAO-I] 1 a5 • • 1 r. r..• •u-CM3 • elSlO* 06/I1/88 II ], SAO 9A NENN CO TREASURER ST LITE6 CRIS HAS Q1-AS ]0-AYY-00 II]. S. fA • ••.ru •ra-CN9 1 235]2t o6/Il/BB Ies 00 IACP CONFERENCE 01-056-129-31 • es oo u•u• .o-CMS [JS J]0 ........ BB 61 IUA RE iR NMi CORP ICnA l-CS TB 6-7 01-A1A0-0]9-IY 66 6i . ' 1 u.... .... CV9 • tlS JE] \a/11/U ]0 61 TOM JAC005 MILEAGE PARKING 01-AJa1-ITA-JJ 1 30 01 \ •o-CMS 1 \o o. e3S31Q 00/fT/BB J AB JOHNS AUTO SUPPLY EBUV PARTS 01-A2lQ-QA9-AY • e].11 o6/It/ee l0 00 JONNa Ru T. 6UIry EOVII PAST. n-Ae]e-s6T-Te 1 0. \ •••.•• r..-CMS QSS]Tl 0S/Il/6B 12 la JONN90N/BRADLEY MILEAGE 01-4101-IQ9-31 • iE la r u ru• .o-CN9 1 Y ]5165 06/Il/9B 80. 05 NE AVEMYS DRUG 1ST AID SUPPLIES 01-AQ]E-I29-]1 eo os• / o•-CN9 .u.0 • Q]SAOA 06/1 t/66 TO lT THE LAKER PU\LI6NING 01-AJ2Y-039-le 1 []SAGA 0V11/.. 43 40 THE LMASS IUI . AS 01-Alee-IlA-]] 15 IT\ G ...u• ....CKS tf\\ CITY Of MONO TER CHECK REGISTER 09-e2-89 PAGE S- CHECK NO DATE SHOWN TIMO1 ITEM SERRATION ACCOUNT NO. IMF. • 1.0. • HE$"" [RHl 0\n"S\ HA55 SO CITI OE LONG LAME 3R0 OTR SERVICE 01-p15-I36-32 H.\Sf 50 o•-CMS lRIJf H/Il/N Ye. 55 LORD LM FWD TRACTOR HAIRY NUC EQUIP 01-43I2-24I-42 _ tt SS s•-CMS !RN[ O0/t7/94 [CS 00 LOUISVILLE LANDFILL CLEAN U[ 01-434e-E19-4e [N Ae • ' . -CNS - YRIN sv nna N.00 MARK FII 019T N2R PUNCH 74-49IS-591-14 n aa• nsHe etnl/a\ f22 2S nARTlx$ xAFHRE SS HAIRY AUTO 01-u11-191-J1 _ Kt [S u•-Cllt !3SI49 001I7180 20. e0 METRO U IMSF SERV INSPECTION 01-4301-474-33 t0 � • ' u•-CMS [RIND OUII/BS 1.OL9 A0 METRO HAVE CONTROL JULY We CHANGES f1-@16-66O-00 on ee •••-CM9 11Q.[5 . MIDUEST ASPHALT STREET MAIN? MT 01-f9A-DH-f2 LIIJ.[s o•-CMS [JSHS 0\/I l/00 e0. el NFL B Day". CO EQUIP PARTS fl-Hl[1e9-11 _ [)f1\s L\/Iln\ If. . APL9 OXYGEN GQ UTILITIESe1-He1--eH-H Jt n • u•-CMS • [ISHe 0\117160 15.50 MIANEQASCO UTILITIES U-IRI-01f-11 I • ' o-CMS 1 t1S5011 W11VU Il. ell NINN COMA PAGER 41-43p-1[9-]I Of E 1 .... CAP flat CITY OF wM0 CHECK REGISTER ee-eo-u r[CE e Cxftx NO DrtF AMOUNT VExpON ITEM DESCRIPTION ACCOUNT NO. IMV. • [.0. a MESMCE C3551e Op/Il/pp M Iti Y11 ELLEi ! 80x8 STREET MeI MT MT 01-ILJ]-[11-1[ 11. YI • Q]SSse Opmne 7IS TERI NMI MEETING 01-43s6-646-13 1. is . • •. •-CXB Q 15559 Oe/Il/Op >IP. as X81 STREET LIGHTS 01-I39S-e19-IE • IV . • • •••••• .... CPS Y]LS{E Oe/IL[8 IPe 9f X11 UTILITIES 01-1324-099-I1 []Line oe/Il/M [ lJ xe1 UTILITIES 01-ICON-I lS-H • []SL.Y oe/IT/M 11 xfl UTILITIES 01-IlN-CN-IE ins.. oe/n/se 1 13.. >1 UTILITIES o1-ow-els-G1 e assl[ pe/nna e,in ps No, xa1 UTILITIES 7e-4384-s11-1f • also.. oe/n/as ess 11 xe1 UTILITIES nt1-a10 -1)->[ Lssae Ov n/ss IS,Ss xa1 urn nfLs 11-Iln-s>a-n a npl.11 ag ouu •o-CMS • tlLi{p 16117/08 10. 11 W YEll CO. 1ELEPHOME ol-llLe-I YI-JI [)spN pe/Il/aa 1 .. W Y[pT Co. T[L[IMOML pf-qep-H)-IP ...... OV II/aa a. is us PEST COON ..I. HIIDC[aa 1.. 11-055-1f t15 • OLLM pE/I l/at e• TS US Y[SI COIMI TELEPHONE []LM[ p•/Il/aE 1. .1 W REST COMM 0.1. IROC... I.. 1[-IJLS-LN-91 []LL 10 pp/Il/pe 31 1[ us YETI Co. TELErMOM l]-1][O-Sfl-9C • n.., ..1171.. .. M W Y[ST COMMIT OAT. I...9531.6 73-4351-5N->LOF IH N • •...e .w-CMS at 1155T Op/Il/pe PL SBI e8 MMYEST SAW MOLE XI. BOND IMT 1-1-ee 13-4leO-106-00 t]Lsll q/I,/pe Ip.•0 xMY[ST MW( MILe M eGEMT IRE 1-1-ss 1]-IUO->01-00 n.sn Is . 13San oem/ae I,Ioo Ge POPHAM Melx a epwC LEGAL RETe1M APRIL 01-IJOI-efe-1{ • enaM Oe/n/sa e.[n Js rorMeM He1M l eswC LEGAL noS[e erRIL e1-u0R-Ope-1a nsaM Oe/IT/ae LJOT le rOrMM MAIN A ASSOC LEGAL CO S.LT APRIL 01-13O3-eeO-Il an1M ps/nnE IIl Ip rorMM xMx a Aewc LEGAL CONSULT APRIL 01-oo]-SIO-Il • nslu Dunne 9n eo rorMeM MAIM a Aswc LEGAL CONSULT APRIL M-1]t1-111-00 �. [Once l[/1vat se.e0 IwMAN HAIM a ASSOc LEGAL CO T APRIL e1-1311-151-00 [nail ev n/u u.os IwMM11MIM a A[EOc LecAL eoxsllLT ArRIL e1-Il>t-ISL-sa • [nl[s 01/Il/O I1. s0 IWMMI MIR a MEOC LEGAL. CONSULT APRIL e1-Q11MM-00 •naas OV llns I1. so I"MMI MAIM a M10C LEGAL COMEULT APRIL 24-1311-455-09 EnERS oullnS 11.5. pop.M MI[ a e[wD LEGAL COMMILT "OIL N-1)9-ISf-10 • COMES .01,11.0 4.3 11 IWMM MIM a M c LESµ CONSULT APRIL INe CII+ OF GROWN, CNeCN W DATE an.,* os]nne 9 tlEl]s Oen]/ie N 2MI15 641I?10e e3e.+s OE1111*6 an740 Deinne R e3Slse Dunne eAm' u] 06/niRB USe35 OV,LSO e3RBa Deinne nua Den vu N ensn ten v9e W t3s16e ninJRB Gum 0unn6 R 835184 6e1,7106 CHECK REGISTER DO-ee-se MICE J AMOUNT VENDORS ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. a MESSAGE le.i+O.W . ...-CNS SEA IF REED CANDY ! 70BACCO COMCE6U OY REfYE +4-460e-511-14 no"a . ....GARS b 3]9.9+ ROLLINS OIL CO CAROL ]ME 01-1966-066-66 .319. 19 ....CAR ARE 00 SEARS RDEWCN HAIRY CONTE ISM 01-4340-1e1-31 S,.I..4 SIPS RCGRUC. RSM WARP MARC. AN! 01-.Sa0-IL9-JI a,n T. e. . ...-CMG 30 Is RTREICMEN$ EQUIP PARR! 01-4e3e-leg-31 3. Is A ....GARS SAS.N SUBURBAN TIME INC TIRES 01-.e32-leg-3I 544,44 ....CNa st TD VERsco INC MAINT DATER PLANT 7e-434E-541-11 se». ...-CNS seee0 YARNING .ITER INC EQUIP RENTAL oron-e.v-a see IN, ....CMS ]H..O WATER PRODUCTS CO WATER METERS 7e-Rel3-600-00 1111..4 WATER PRODUCT$ CO .AIRY LIMIa el{.9. . ....GAS e91.90 DRERMAN UELOI MO ..IMT MIRC EQUIP 01-434e-9.9-412 e91.1D s9. 0e WTI ADULT ED ecN00L6 01-43SG-039-19 31,66 . .ce. LAPPIN ELECTRIC Co RAINY LIFT STATION +3-4344-511-9e .E. e. . 406.00 N L JONOWN OILER RENTAL 01-4331-141-4e 1166 CITY Of MONO CHECK N0. DATE en..s 081,1184 BESIDE 0.11".. e3s+0s Osn Tl eB rn+w .."TIRE E3s+00 0B/I1,00 elsseT .8117,60 e7S+O6 00,1110, CHECK REGISTER OB-CbSB 11KE S VENDOO ITEM DESCRIPTION ACCOUNT N0. IxY- S I.O. 1 SESBBGE MAINEY ANDERSON RID CIIG ANIERSON 01-ROE-009-00 ..let, Alemoso. .10 1111E A.M SON 01-]GOC-000-00 MAINLY ANDERSON RID .1111 ANBptox 01-Ro9-e10-00 RAINEY ...K..ON .10 .1186 AMOA bN 1e-JEla-eee-ae Y UIRGINIA Vx1Y BOONB 01-+949-174-I3 DYNAMO 191 AID SUPPLIES 01- EJl-I19d1 JIB REFRIGERATION BLDG MAINT 01-93I1-091-17 o-CN9 FUND N1 TOTAL F.E.K. FUND FUNUND 11 TOTAL rANN FUND FUND tJ TOTAL na.CT.TATC AID coin PUN FUND e. TOTAL run. IMROYe ErvMMS, r FUND es TOTAL 198E 1.1 NO01 FUND .J TOTAL 191e IMF D/s FUND FUND .. TOTAL "NO FUND so. 1.0 191E IMF RATI FUND It TOTAL E F WATER OrEUTI NG r1M0 FUND T] TOTAL Or ATIN FUND T• TOTAL COMMOPERATING caLr u orMAAnNc r0 GOLF i INK Ill, OF OHMS CHECK REGISTER a7-0I-SL FACE I CNLC. N MATE 40MLIT VEIL)011 ITEM DESCRIPTION ACCOUNT Wp INV 1 R.0 1 NESSALE NCHH e6111100 IS H ILT SAWN LABOR FICA VLl TO 7/10 01-III8-1N-11 MANUAL Kee., N/Iv00 xl Be IST MN. L.S FICA Vn TO T/10 01-4I4B-031-IC MANUAL MHNe 011II100 all 12 IST M101 Lee FICA 11" TO "IS 01-.I Ky62-15 MANUAL Ma.N N""as ILL, 10T YV.1 L.e FICA VYl TO 7/10 01-1142-011-II MANUAL K.I.. N1111.1 BY TV IST Mw. INS FIM V,, TO 1/10 11-[HIE-111-11 MANUAL K.... IVII/LIE Is .3 HT fl1P L.s FIC. G C m l/le e]-.1«-115y1 MANUAL .Ha.. IVII/H Ja.n 111 MN. L.S [IC. HLl TO 7/1• Lt-.HIE-rLr-JI ..UAL M{NC OL/11/N It 11 IST MRN LN FICA 1/O7 TO 1/10 e+-.1«-IN-Ii n.NU.L MCOEbf OVII/ae 40. .. IST MM L.S FICA NLT -0 7/1. 01-414IE-174-33 MANUAL K.... 061l1106 ) bJ IST MMl LH IIG. 1/LT TO 111. 01-4I«-11S-311 MANUAL FUL61 1V I1/66 ... 11 IST MM LN FICA 1/81 TO T/Ir 01-.1«y«-.L ....I MC.L.. 1e/11/041 N 11 IST M. L.S 11C. S/[T TO 1/1e 01-11«-Cfe-fl nANU.1 Ma... N/I1/80 IS] H In LIIL1 LA{ FIC. VEY 10 1/1. 79-IIIIy41-11 MANUAL .1.... rvivH IAA N let (NUMB Le{ Fla. un T0111. rn.+«-fN-,e MANUAL wCe[e. s..nn. Ile N 15, MNN L., nL. Im To "Is 14-.14R-1110-13 MANUAL I.6N el MNLN 611,1118, all. o0 LOSTMSTER "STAG[ 01-4xI-I29-31 MANUAL neN• NCen1 .Lnl/H 1O » .... nM 6/13 TO 1/9, e1-.141-e31-I2 MANUAL ML[1O Ivnn. [ n MIEN. MESA VI7 TO AIR. MANUAL AC: «/nn. 1.1E MIEN In..113 m Afee s1-.1 .1-aN-+.MANUAL IK.IT: rP11/N 1H. 11 IRA. IPA Vn TO A/La s::;4 [1-lfAM AL NGeAT1 IVII/N A.1A .P. IPA a/n m ARa .\-I111-pYll MAWAL M.Lv1 o/n/H 1..rl. TJ IPA IPA vn m a/sa al-.ul-In-al MA[T. .A, AS Pa BY IPA A/1] TO VN .1-.I.1-Ile-]+MA AV 11/A. .1..1• FEAR./1] TO a/!A-al NAMIAL M[R�O Nnrrn .1. BY In. 111. 10 AIR, e\-.la-rtrm MANUAL .LmO nn vr. lx.N :CRAM IPA VIJ 1O VYA .l-.1 .1-IT.-aa MANUAL MGrnr rVn/N 1N.a. ACM IPA vu To ./!a .1-.1«-e«-« MANUAL ACNT• OVII/O )l.fe IL.A ILN VI] TO V!A 01-.HI-tfO-H MAMVAL MCf[ls sS, VAR «.e. IP. FEAR 6/13 TO 1/H MNfTe V1N MA .11. TO / MANUAL nCHle n I.. A .n. .cl..11110 e/t, T.-.Iayfs-sa MANUAL a. ALP . �.AYl1 H/I VN L00 Co. RLV/SKIES TL SALH TAX GONE 01-RN-NhH MANUAL MGtT .VII/H IS /O LOM RCV/e11LLf T fK0 TAX a111R 1FILlYHo-N nc.L1 IvnnA 1.n1 H co1.1 .nnKn TI =N lRX a1R 1.-esn-IN-H MANUAL l.n. e1 PC a, Iv1vu 1N x FNTNNm IOOTAGO m-.xly«-11 MANUAL MCaOe H/rvu Nr.« IHTMrm Ios1AH TO yN-fC n.NU.L nr H WART] eamnL Ite.,f PICINI TNN FL PICTURES FRNIIEo 01-oC]-eff-n MANUAL urm . ...... •u-CLS NNII[ .VII/0e l]0.1] 1ST MAIM I" FICA 1/II TO 1/N 11-.1.1-0H-It MANUAL MCHIf H/n/e. ln.a- pT SAM LMIEe IIH 1/11 TO 1/N Ihll«-Nf-IR n.11U4 ACHY H/11/H H1..1 lot SPAR LML. qM 1/11 TO WE .1-.1«-05f-1! MANUAL NLeel{ IVII/N ll1..T POT EARN LNP FICA 1/++ TO 1/N 01-bIN-Nf-\f MANUAL T ISH ell, OS bgl0 CNCC. NO RATE NCO[lS 041 V[• NHLIs A411/N ....11 ../11/N .I.." ../11/H wC.Lls A4n/N M•[l. N WERE 1. O/1VN "CRISIS wn I.. .Co.,. N/I./.A Nc.T{ H/1IRA NHi.S A411 /A. .C.LIA WC.Q1. AA/11/AA WC.". Hn vH NHLT. A4r1/H NCHT. •RI11/H NHtT A4nrH .I. A4. vH MCiTA .. AA/11IRS MHC1A H/11/H NHCT• .V I./AA NCH,. .4nn[ .Co.,. unin. Burn urn/sA Hm. Hnt/H wc1v. Nnt/u NA[lA .411/A• Hem Hn. n1 IICA[11 .A/I. r•[ NCA[ll N/I VS[ H1m Hn vu NCO2n nrn A2 ,..all n Soa H ns 1r .see n accx RECUT« CEN[OR ITEM O[[CIIISTI011 IIT MMf LMRI FICA 7/11 TO SIR - IRS CA[[ LM« IIM lrll TO )IC. 1.1 M1M LMO It" "II TO lrb I., MNN LM[[ IEM 1111 To 719. I[T MSi LM[[ IIC. 11.1 To 112. IS, MiCI 1.[[8 SIM 1r11 io T/[. NT Ms LAN[. IS" 11.1 n ". ICl CACA LMO I.C. 1111 TO T/M IR MIM LM[I I.C. 1/11 TO TIES ItT MN LN[I I.M 1/11 TO VM HT Ms LAxb nM 7111 TO 119. I[T MMI LEASE I141/11 TO 1/94 SERA FEAR 4e7 TO 7/10 S[R. SARA 4[1 TO 111• PCRA SEA..m 10 in[ SeM .... 4b TO 111• ICM SMA .rb TO 111. I[.. .... 4[+ TO T/IE I«. IMA 4n TO 111. IMA IeM Sm 1. I'll I[M IM. •/[T TO 1111 RR. In. Irb 10 1119 IMA IRS..18, TO Tns I[M IM. Irn To ln• IC.A ICM 491 TO 1111 I... IM..1.1 10 lne IMA IMA .r[1 TO T/n IM. +b../CT TO 111. «M IRA. In To 111• FOOTMETER FOCTAOE IO.,AA. SOIT.H IOETM[TM T.H IOSIMITES 011.CC roETMRM T I..,... OOM CONSIST INSNNATIM Fo110 11 TOTAL Man l[ TOTAL IYIi 13 TOTAL /0l0 14 TOTAL TOTAL T 01-II-89 1." C ACCOUNT .0. 111. [ 1 0. 1 NESAACE 1\-.1K-HYI I ..MILL 11-II K-I t t-]I..WWAL .IL It-.1K-121-at .NV.L •IM1K-IL.bt N.NV.L 61MIK-IL-J3 AL IA -tb-aa •I-.C ... ...AL N-.tK-N+-.L ...AL Ir-.rK-na-2r ML N.MA L .L N-IIK-{+.-aJ MAW .ANVA 11-4141-011-12 .AMAL 11-.\.1-11•-IJ IWIMAL I1-1111-IN-I[ ISNVAL Il-Irlr-Ib-\s Al. IIM1.1-IIL-\{ ..MIAL u-u.\-•n-n MML 11-PHI-tII-]\ MMLL S •1-1111-rN-)1 IN.L .1-.11\-\GI-]1 Mr1YlLL It-.\Il-1T1-]J M.V.L a-Ilu-Go-.e w.NWAI AI-a.l-eu-u ML �.MLL w-Ivl-{+1-n 11-.xY.JtIG ..NV.L 1\-Ixr-b+-11 V.L 11-IAI-11+-\a Il-.RI-r).-]) .1-IAr-N+-Y n..V.l WATER OPERATING FUND !EWER OPERATING FLNO coLI COOKIE O+C11AT uc IQ 61-4311-189-31 S.L T Page 4 State Ground Water Levels Under Stress By Dan Zwilling 1:., division of Waters has stepped up monitoring of a num- ber of u.: state's 600 observation wells to better evaluate the ef- fects of the present drought on ground water levels throughout the state. Instead of monthly readings, Soil and Water Conser- vation Districts are taking weekly or bi-weekly measurements in 17 observation wells outstale. The DNR and the U.S. Geological Survey arc recording week- ly levels in 14 additional observation wells prin- cipally in the Twin City area. levels arc being observed primarily in the Prairie du Chien -Jor- dan and Mount Simon -Hinckley bedrock ,r aquifers, and water table (near surface) aquifers. Figure 1 shows haw a shallow wager table level will fluctuate over time. Precipitation z trends, especially when severe and lengthy, [caw m ' noticeable effects on ground water levels. The n r current levels for this observation well arc the a lowest recorded at this site since 1969. Levels .,s will likely continue to decline until next spring's rechargescason. The previous recorded lowoc- curred in 1977 following the severe drought of s 1976. New record lows for water gable aquifers are currenllybeingobserved in cast central Min- .0 nescak extending from Morrison County tojust south of the Twin Cities. Water table levels in Figure I western Minnesota are generally 1 fool above the 1976 levels but arc several feel below the seasonal average. Water table levels in northeastern and southeastern Minnesota are slightly below the seasonal average. The Minneapolis -St. Paul aca is the slate's primary ground water pumping center. Figure 2 shows ground water levels for a Prairie du Chien -Jordan bedrock observation well in West St. Paul. (;round water levels in this area strongly reflect the in- DAKOTA COUNTY w.a Pig c,a,so wurwuwrs Duence of pumping. Water IeveL in Twin Cities bedrock aquifers, in general, are lowered in the summer by large sum- mer appropriations for both irrigation and cooling purposes. Water levels begin to recover after the irrigation and air con- ditioning season and generally return to seasonal levels by mid - fall. Due to this summer's drought and associated high temperatures, appropriations have increased in the Twin Cities area and consequently ground water levels have declined In summary, levels in both the Prairie du ChienJordan and Mount Simon-Hincklvv-nuifers arc near or below recorded seasonal SHERBURNE. JUNTY WELL# 71001 rran — oanwowantauvru lows. The continued lack of precipitation will retard ground water level recovery once summer appropriation ceases. Minnesota's ground water is recharged primarily in the spring and fall. The most significant recharge usually occurs in spring. In summer, when evapotranspiration is at its peak, most rainstorms do not contribute to the ground water supply. The effects of unusually heavy and prolonged sum- mer rainstorms can lessen the rate of ground comer decline or may result in a sporadic rise. However, unless precipitation is significantly above normal, ground water levels will con- tinue to decline this summer. After the return of confer weather in fell, reduced pumping and the onset of the dormant period for vegetation will provide ground l water levels with their first likely chance of reentry. Recwcry during the fall will la: handmapped since rainfall entering the wit must first replenish the depleted wil mowure. Normally, little water is left to perudaic imo A..,�. the ground we- r system and fall rcdtarge is small. Con. mntly, even assuming normal fag precipitatw,a, graend water levels will like. ly remain ky, this year. Dan Zaillsng it a nrgulae connYbaar m Want .. .. Talk and .,b m tare Ground Raw Out Lake Minnetonka Cable Commun ations Commission 4430AK STREET • EXCELSIOR, MINNESOTA 5 To��`i AW 9 ft To: All LMCCC Commi stoners From: Holly Hansen Date: - -ust 8, 1988 Re: upcoming meeting The next meeting of the Lake Minnetonka Cable Communications Commission (LMCCC) will be held Tuesday, August 16 at 5:00 p.m. Please note: this meeting will be held at the Excelsior City Council Chambers. The major items of business are to approve the 1989 LMCCC budget and to vote on amending our Ordinance from Dowden to Triax, Please keep in mind that our approval of the sate was made contingent upon Dowden completing the "Activation in the member Cities of Commission of Regional Channel 6 to the satisfaction of Commission". The signal quality of Regional Channel 6 currently has a few probl ens, as you may be aware. Mary Smith has Informed me that certain electronic parts are on order that will hopefully remedy the situation. Please make every attempt to attend this upcoming meeting as we need a larger quorum to amend the Ordinance than for a regular commission meeting. If you cannot attend this meeting, please contact your alternate. If neither you nor your alternate can attend this meeting, please let me know as soon as possible and no later than 5:00 p.m. on Monday, August 15th. If you have any questions regarding the Meeting or Agenda, please contact me Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 474 5539 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING Tuesday, August 16, 1988 5:00 a.m. Excelsior City Council Chambers 339 Third Street Excelsior, MN. A G E N D A I CALL TO ORDER II APPROVAL OF MINUTES III REPORTS (A) Officers (B) Administrator (C) Legal Counsel (D) Triax Cablevision IV ORDINANCE AMENDMENT V 1989 BUDGET Vi UNFINISHED BUSINESS VII NEW BUSINESS VIII ADJOURN V ILJ LAKE MINNETONKA CAULE� COMMUNICATIONS C-MMISSION S:Op P.M. EXCELSIOR STUDIO TUESDAY, JULY 19, 1988 CALL TO ORDER Chairman Haggerty c..11ed the Jaly 19, 1988 mcoting to order at 5:00 p.m. ROLL CALL Directors Present Others Present Jerry Roehl Holly Hansen Jim Olds Mary Smith - Triax Dennis Haggerty Shelly Quaas - Recorder Tom Anderson II. APPROVAL OF MINUTES Motion 7.19.88.11 Olds moved, seconded by Roehl, to approve tLe m'.nutes of the June 21, 1988 meeting as written. Motion carried unanimously. III. REPORT A. TRi,ASURER Moti or.'7.19.88.2r Roehl moved, seconded by Olds, to approve the Just Claims as written on Appendix A. Motion carried unanimously. Roehl mentioned to the Commission that the cash balance looks good and will be adequate through March. B. ADMIN—'RATIVE Hansen wrote a letter to Kent Sharp asking fci information on Dowden's financial status. Hansen has not received Information yet, she hopes to have some information next week, which should help determine if it is feasible to conduct a financial review. Hansen would like the budget committee to set up a meeting. It looks like LMCCC will receive a 16% increase for 1989. Hansen is checking into renting the space that Triax now occupies. Triax may be r g in fall. Hansen spoke with Community Services about renting space, they informed Hansen that the school dist•ict may alp, interested in this room. Hansen sail if LMCCC .-nts the room tl,_ rent would be approximately $2,000.00 a ,r. The CL;.,:nel 6 signal is still not v, 7. Triax is waiting for equipment that should help the sign.. lity. Arress is going well. Oct.. .a C-mm,tnity Television month in Minnesota. Naegele has donated two bill. .its and an a, t has been working on concepts ti promote Communi ',levision Month. Hansen world like the Commissioi to donate a of money to help with thr promotion along with per T..i:• C'ty _rea Commissions. Motion 19.58_i: Olds r-vet a•� \nderson, to a::thorize $50.00 t., be donated for the ..able Community Television Month. Motion carried unar LONG RANGE PLANNING Ci :.r Nanren feels the: .t is t.,. V. into the future of splitting UP I•, If, aL-e6e and cc '.1>. atios and sec ,.p a ,.on -profit �rr,anzxation .ar access. It was ae;.e,, c•iere the money would come from to a ,port a non-profit organization. Hansen explained that a non-profit organization, they r.,•d have fund raisers, use money frw classes being taught and pos. a;, Coing services such as taping and producing programs. Anderson is ­_ncerned that the Lommission i= aware • t before they set up a non-,,rolit organization, the Commis, on has el. h me icy to ea so. -1- LMCCC MINUTES July 19, 1988 Page 2 III. REPORTS - CONTINUED D. TRIAX Mary Smith reported that June has not been doing well. Connects are at 59 while dis--onnects are at 95, and net loss at 36. A converter upgrade is in the process of being identified by Triax, approximately 1500 subscribers who have 42 channel converters will have their converters replaced with larger channel capacity converters. Smith reported that 22 miles of cable line extension is being installed in the Lake Minnetonka area. Srith will have more information as this project progresses. Public Access: Homework Hotline was the first place NFLCP winner in 1988. This is the 2nd year Homework Hotline has won this ward. IV. ADJOURNMENT Motion 7.19. 8.41 Olds moved, seconded by Roehl, to adjourn the July 19, 19 s meeting at 5:50 p.m. RESPECTFULLY SUBMITTED, Shelly Quaas -2- LMCCC JUST CLAIMS 6/21/88 - 7/19/88 CHECK N DATE PAYABLE AMOUNT 1695 6/21 N.A.T.O.A. $ 45.00 1696 6/21 N.L.C. 15.00 1697 6/21 National Career Workshops 69.00 1698 7/1 P.E.R.A. 85.94 10093 7/1 Holly Hansen 737.34 10094 7/1 Monique Basart 146.50 10095 /1 William Strohm 121.96 10096 7/15 Holly Hansen 728.34 10097 7/15 Monique Basart 131.56 10098 7/15 William Strohm 221.13 1699 7/15 P.E.R.A. 85.94 1700 7/15 P.E.R.A. 9.00 1701 7/15 Bank Excelsior 595.06 1102 7/15 Commissioner of Revenue 123.88 1703 7/19 Gross Office Supply 72.74 1704 7/19 Paychex 31.90 1705 7/19 Shelly Quaas 60.00 1706 7/19 Hance Hardware 28.38 1707 7119 O'Connor b Hannan 92.74 1708 7/19 N.W. Bell 64.11 1709 7/19 Monique Basart 11.13 1710 7/19 Holly Hansen 26.23 TOTAL CLAIMS $3-502. BANK EXCELSIOR Beginnina Balance $12.,168.11 30 day @ 6.5% due 8/U/88 Claims (3,502.88) 90 day @ 6.75% due e/8/88 Service charge (15.20) 180 day @ 7.0% due 10/8/88 Deposit 39.00 Interest 66.45 C.D. Interest (7/8/88) 372.73 ENDING BALANCE S 9,12 51 STATE CAPITOL CREDIT UNION Balance $ 6,349.91 ACCOUNT Miscellaneous Miscellaneous ' Conferences b Schools P.E.R.A. Payroll Payroll Payroll Payroll Payroll Payroll P.E.R.A. P.E.R.A. Life 941 Taxes HN Taxes Office Supplies Sect'). Svcs. Sect'1. Svcs. Video Supplies Tfr: 28.99/ Legal 63.75 Telephone Mileage Mileage $10,000 13,000 20,000 Ajj � IJ LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION SECOND UARTER REPORT J UNE 1988- SELOND AMOUNT DESCRIPTION BUDGET QUARTER REMAINING Cable Administrator $25,000 $12,500 $12,500 Access Employees 8,000 2,921 5,079 Secretarial Services 1,000 537 463 Payroll Taxes 3.800 1,495 2,305 Employee Mileage 600 191 409 Medical Insurance 1,000 746 254 Legal Fees 2,000 511 1,489 Insurance and Bonds 4,200 �,712 1,488 Financial Audit - LMCCC 2,000 0 2,000 Financial Review - Dowden 11/00 0 1,701 Conferences and Schools 4,500 2,489 2,011 Office Supplies 1.500 555 945 Dues and Subscriptions 650 648 2 Telephone 625 357 268 Postage 400 280 120 Miscellaneous 200 96 104 TOTAL `.i j-m 526,038 31 1 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION PROPOSED BUDGET 1989 INCOME t 8�8 _ 1989 Triax Cablesyst ems (formerly Dowden) $58,000 $70,000 Interest 2,675 2,800 0775 72, 00 OPERATING EXPENSES Cable Administrator $25,000 $28,000 Access Employees 8,000 13,000 Secretarial Services 1, 000 1,200 Payroll Taxes 3,800 4,800 Employee Mileage 600 500 Medical Insurance 1,000 1,100 Legal Fees 2,000 2,000 Insurance and Bonds 4,200 3,500 Financial Audit - LMCCC 2,000 2,000 Financial Review - Dowdenrt 1,700 Conferences and Schools 4, 500 4,500 Office Supplies 1,500 11500 Dues and Subscriptions 650 1,000 Telephone 625 EDO Postage 400 600 Miscellaneous 200 200 New Office Space 5,600 Rent 2,850 Furniture 6 Fixtures 1,000 Phone System 1,150 Air conditioner 600 OPERATING BUDGET TOTALS $ 7 11 $70.3G" SPECIAL FUND APPROPRIATIONS Technical Audit 1,500 11500 hFinanclal Ravi aw - Triax 1,000 Studio Equippaent 2,000 FUND TOTALS $ 3,500 $ 2,500 BUDGET TOTALS $60,675 $72.800 • • • group espo..ing racial hatred h Co Racist Programming Said Protected by Constitution Purvis, who spoke et a panel 4 Larry JsIN, session titled "Managing Con - TAMPA, FL — There ham unveniai Programming." never been an example of that has Four arguments are usually racial programming not been protected speech raised to cents Race & under the Constitution, so, Reason, but ..no of them is strong enough to prevent the cording to Bob Purvis, .mie- from being shown, he tent director or the National program Institute Against Prejudice Al amid. Violence. The Fuel argument u that the is"obscene."Ob- Speaking el the National program sex- requiresch FederationofI-oamlCablePro- oumomt re" oat conduct, which is not prey r rommer. annual conference here recently, Mr. Purvis mid a out is racist programs, Mr. Purvis amid. public -access channels cannot .Lho second argument in - t the down • program such as valves the "fighting words" the Ku Klux doctrine, in which a person Babe.. loss, Rare & Reewn rf it ham • speaks words on provocative sponsor Ise, related story. Page that they are extremely likely 511. to invoke •violent act. "Public -.cm. channels am "The speaker is removed designated am a First Annard- from the audience, and the meat forum, and as such, the members of the sudience are broadest protection of freedom separated from each other," of speech applies," mid Mr. Mr. Purvis mid. The third argument is that 'speech that advocates viol - .nor" is unprotected. flow - ever, Mr. Pnrvim amid, that speech is protected until it goes beyond more advocacy and be- come, an imminent Iswka, ac- tion. The final argument is the "group defamation" conr,ar, which my, that a'person or is ram PraeNed under, a n- .tiunion. Ilowever, only six ,amt, have enacted much Jews and ra federal court has UP - held that principle, Mr. Purvis acid. The impending suit to be filed sometime neat month by the American Civil Libenin Union on behalf of the KKK against the Kentaro City Coun- cil "won't address what is or whet is not protected speech," he mid. "it will present the issue of whether a city that eliminate, ,cress for the purpose of eliminating speech is acting in violation of the Constitution;' Mr. Purvis added. Randy Ammon, director of Poe.tella-Viamn 12. an access center in Pocatello. ID, who area Bake at the erosion, amid channel did not try to amp Race & Beebe Irom being shown. "The program attracted group. Iwilh counter - programming) that should he,, been using .ccees in the Brat place," Mr. Amtiton mid. "Everyone has the right v .peak and the right to ro- 'pond. An ,e "ne channel ie very definirely , w'adow on the community it.. i e'he commani- ty a obligation ro respond to programming the' espoueam a Pa rn, of view that will oat be lole..,ed by the commonrry," he added. F1 Telco Entry into Cable .ory lance. m. le the is ntt going "The FCC is cam Ro ng to go hack a third time and write a Likely in'90s: Academic broad rule," but the e,agency Sterling said He noted that gesled in a recent report that the dropping of public tele- ay Wry Jattis the cable industry should have vision etatimm is the type of TAMPA. FL — By the 1990e, more competition, possibly by thing that "gets the attention telephone companies will be allowing telcos to offer a of congressmen." actively entering the cable tole- -video dial tone." "A light xis vision business, Christopher Sustanlial regulatory nt of the stance of the ` Sterling, director of the tele- changes el the and the Gong. w d prefer but Congress would p communications policy pro- eto, NTIA are in store loss the cable prefer an industry corn - gram of George Washington industry it Michael Dukakis promise, using the philosophy University, predict. upturn the White Ilex, of "Resolve your problems; it Addressing lest week's Na. Dr. Sterling said. If George we don't have • substantial tionsl Federation of Local Bush wins the presidential problem with the compromise, Cable Programmers annual election, "a version of the same wall make it law," Dr. Ster- conference here, Dr. Sterling thing" will take place, but the ling mid. He added that the said he suspected that GTE changes will not be as pro- Copyright Act of 1976 and the California Ins.'s gibe optic nounced, he predicted. Cable AM of 1984 were passed cable system project in Cer- "There is backlash of what in that manner. rites, CA, will be approved by deregulation has done, and a the 1.11 Federal Communiea- thinking that maybe cable has The public -access communi- ties Commission in the .at ,-,on too many battles," he ty needs a stronger voice in future mid, noting that the cable in- Washington if its interests are During the nest decade, the dustry his been called "ass- to be protected. Dr. Sterling telephone industry will aleo rogmt," mid. overcome Judge Harold Parallels exist between de- NFLCP members ..at let Greene'. modified final judg- regulation of the airline and thew congressional representa- ment that currently prevents cable industries, he mid, add- tives knew of "the good work the regional Bell operating ing. "There s a thinking that done by your staffs day after companies ftnm offering infer- deregulation of airlines had day for people in your mm- mation servim, including gone tan far." mtmities, ' he said, adding that cable television. Dr. Sterling He pointed out that a major it's imponenl for NFLCP to mid Iota of the NTIA "his report "continue to build a comai- Ile urged that the National was a questioning of whether tuency of every stripe. With Teknenmunirstinns A Infer- the industryes franchising pro- that kind of clout, people listen mallet Administration aug- teas serves the public interest. to You. "D Beyond the Notebook Access Community Faces Tough Times nys." DaM.s "The committee believes that it is integral to the concept of the we of the PEG (public, educational, goper mwintaU channel, that such we be free from any editorial control or supervision by the cable operator. " — House committee "Pon on subsection 611 of the Cable Act WASHINGTON —These am herd times for the publio-accem community. Despite explicit con- gressionei approval during the framing of the Cable Act, accem continuo to be threatened by First Amendment challenges — whether over the consent of the channel lie in the recent mettrovermy in Kansas City over the Ku Klux Klan) or about whether access channel. should even exist (as in pending federal mum challenges by cable com- panior in Cdifomie and Erie, PA). With regard to PEG channels, the Cable Act stipulator only that the local franchising authorities may require of their cable companies a +p„cifie number of channels, facilities and fund. ing. Unfortunately, however, only a fraction of franchising authorities include such requirements in their local agreement. According to the 198e Television & Cable Fambook, only 1.420 cable systems in the U.S. have public -seem channels. while only I,107 have duc.tim d channels and BAG have governmental. Them is IiW '.abs that Congress would be disap- ed by tl.,mA, figures, considering that there are s d,ODO cable systems in the country. As the recant annual conference of the Notional Federation of Incal Cable Programmes in Tampa, FL, sccew advaciss dwelled on how they mum continuously overcome adverse conditions, join because They want to contribute alternative programming a the public interest to the com- munity. Ten of 20 people attending an opening session for ¢rem corporation board members said they experienced compliance problems vying to enforce access peovisionw, in their contracts. They mid their .aces centers 6,mmntly (end off threw of their not -thrilled -.bout -it cable company bm.f.c- ows mwithhold or cut back funding end facilities Several conform, speak,,. maintained that what heppnwd in Kan.. City — the City Cwnril wad to turn the publio-.c,. channel into. lord- mytinaUtm rI,.rAwl under the cable m-p.ny's control, in an effort to keep out the KKK — w: an sb.rntinn. Sorb a scen.d. were unlikely to happen in mmmunitiee that have strong non-profit acreas corporationa. they maintained. Many of the attendees said they etrongly be- lieved that it war no accident that the thermal was turned over to the cable company; the action was part of a longstanding industry attack on access. Robert Nile., president of American Cable,hion, the Kane City eyatem that is owned by American Television A Communications Corp. and Tele-Communications Inc., told Multi- channel Ness tut week that the his company bad "little influence" over the City Council'. deci- sion end w.a 'Frankly surprised" by the final action. 'But we mode no cent we thought the change was a good idea from the perspective of our business to give us greater control," he added." In a few short week., the access .dvoealeit' greatest lean have already surfaced. A ,gel producer named laws Smith, who had con- tributed programs to the old public -access chan- nel, a few weeks ago was told by the cable system that her script for a documentary on an Indian rights activist needed more "bahmee." "It a in our best intermit that view..re balanced, fair and objective. Now that it'. our channel, we are responsible for programming content," Mr. Niles mid, un.pningelicallY. That don not .,an there is no room for nun-meinstre.m views, he said, but added that show views should be munter- d. B .ically, the situation comes down to the LO channel being the city'. choice, Mr. Niles main - wined. And the and thing is that he is right; the cable company can do whatever it went. with the pro- gramming, albeit the moniker "community chan- nel" is an obvious mfwosser. But one can only conclude that this is not what Congress had en- visioned Inn community access to cable slevisicn. Although the city wee initially well-intentioned — the abhorrent view. of the KKK —the keep hemmrshim apparently did not consider the full ramifications of is action. Legal expects agree that the American Civil tiberities Union, which will file snit won on behalf of the KKK, will have on easy time proving that this was a blatant caw of diwrimin.tioo lie unfortunate, but nevenhelem undisputable, that programs like Race & Reason arc protected by the First Amendment. too. No doubt, the City Council will be emb.s.ssed by the legal outcome. The best way fee a city to combo racist pro- grammim, is to 1st it be shown on the .ream eh.nnd and watch the community rally against the pn.psm with their own cotmsrprngremming Once the Klan and other geotrps of is ilk fe.liw ilia, their views are cot shared by the Feet of the community, they will V away — until 'hey target another tmoA,pening flare and find themselves again outnumbered and rebuked U Ile as k r _ CBN Changes Its Name, new vice president, program- a.m and Sundays at 11 :i0 ming and •.m., mid Mr. Krismier. promotion. CBN added that Republic CBN � said it will eon the 46 Picture., distributor of episodes of Our Unveils Fall ion Borunn, will "rejuvenate" House, acquired from Orion Schedule House. the episodes through scene -by- Pictures, Sundays through CBN Cable Network. acene mi. correction. Friday, at 7 p.m, end week- 4 R. 7ltawsa CBN said Bormnm: The Mr. Krismfer said the net- days at 9 a.m., beginning NEW YORK — "Lost" Lost Episodes will include 120 work will run Fin Tin Tin: Oct. 2. I episodes of Bmunse, , new episodes of the 1959-73 NBC K-9 Cop, a revival of the 1950, Prime time on CBN will version of Rin Tin Tin, the off- wrin which have never been in aeries. Saturdays at 7 p. m, now consist of a two-hour network premiers of Our syndication. The shows will be and l l p. m., beginning Sept. movle, followed by The 700 I Howe and . weeknight movie cablecast every night of the 17. The original Rin Tin Tin Club.. Thor hour, now con- - highlight the fall schedule un- week, including weekends, at 6 wr. which originally aired sist of Crazy Like a Fox, The veiled last week by CBN Fam- p.m. IETI starting next m ABC from 1954-59, aim 700 Club, Straight Talk and a ily Network, the new name of month, said Paul Kriamier, I runs on CBN. Saturdays at 10 10,30 checkerboard. sewn Association said men Four NY Men Six Firms h mends the .Minna of the diry'. ettirm On the weekend, CBN said Met attorney and the Albert)' it will cableeart 24 new of its original wrier Charged in Piracy Case FB1olthe bargee e, work leadj; ing to the L episodes sly vre. 'Obviously we'n pleased Lroasbaw. New episode of wi!h the indictments.- said The Campbells and Oceans: The Lest Frontier tome 'a office of the Northam gy a. tames um.tsN y lames Allen, director o are sched- uled to begin in January. District of New York, the in- ALBANY. NY — A federal dictmem contain, 44 felony NCFA'. office of cable signal 11e11. "Were in full support of The network also no. grand jury her indicted four counts of mail fraud, five fel- the and will rap! nounced its meet agr... ive local men and six corporations mono wire fraud, 33 ante and smut in any way. ! a and p ign ever, marketingcame illegal mler of selling misdemeanor mums of illegal- Atka added that he. with print sale, bill tff,ori,hira and de cr es b boxes between butin distributing able television I. there will more television mmmuciale in- January 1r January 19fM and August dewnmblen, two misde- d car .es- pews a the near advent es- "w teoded to reach a combined 198f meaner of illegally die- payff, with the advent of 100 million le. Prof "The ads will be very According to the U.S. At- tribuling satellite television sate pry. per -view and sawilitede- pro gram -specific," said Rick _ — _ � livered programming. Buaciglio, new vice president. According to the attorney s marketing, adding that the dmcrsmblers and one felony Group .sad Trend Video office, the defendenw allegrrlly promos eammu.te on the live mum of conspiracy. Group. purchased large quantiliee of new shows being added to the The investigation was mn- The four men are charged dewrambien as well arable' lineup dueled by the FBI office here, with illegally wiling an. television converter, and then Mr. Buwiglio mid CBN with maisnnce from the •uth.,i.,d dacrb "-n .Dared their elertronirs to re-o will advertise particularly Albany office of the lowrnel throughout the United as ceive satellite end pry -cable• heavily in September to take at Revenue Service. and Puerto Rim via csinp ,ignd.. They alsc.11egedly red advantage of the lack of new The defendants named in and advertisements in na, a..I moved serial numbers end um' programming on the broaden! lire indictment were Howard publicallooe, the attmvey's o4 klentification .tic form the networks due to the Writers Pimfsky, John Phofsky, Ed- Free said. The born, which box" before wiling them Guild o1 America strike. ward J Zibro III and Mark sold for about $1004200 each, The indictment aim charged The network further an. Fomler. The six compsnk, allegedly allowed purchasers to thatthedefendantsconducwd- rumored it is requesting all else named were P.G. Video receive all of the pay services "red alerts," or simulated FBI tune -in listing services seems Corp . State Satellite Corp., offered by then cable company raids, during whirh to identify CBN by the initials Surview Inc. , Sons As- fen free desse.mblen and b... inns rr- FAM beginning Sept 3 ❑ sxiales, Conmmer Video The National Cable Tele- cord. were moved from Trny. — — — NY, to ether loratione. If mnvkted, 0w lour corn could face jail terms nl live yearsand •fine up W {2:A,OfM1 on rack of the mail Inud, wire fraud and mnepinry rnante, the .Itmnry'x office mid The companies also meld M Imced to pay fines of up to glon.ggl on able .ad dearnmbler: musts. U Lake Minnetonka Conservation District TO, Wayzata Weekly News, South Shore News, Wayzata Sailor, Excelsior Sailor, Minnetonka Sailor, Westonka Sailor; The Laker/lioneer FOR IMMEDIATE RELEASE From: Eugene R. Strom Executive Director 473-7033 8-5-88 PUBLIC HEARING NOTICE LAKE DEICING The Lake Minnetonka Conservation District (LMCD) will hold a public hearing at the Tonka Bay Village Hall, 4901 Manitou Road (County 19) at 7:00 p.m., Wednesday, August 24, 1988, for the purpose of hearing comments and recommendations regarding LMCD deicing permits on Lake Minnetonka. Eugene R. Strommen, Executive Director Lake Minnetonka Conservation District Lake Minnetonka Conservation District T0, Wayzata Weekly Neva/South SF a News; Wayzata Sailor, Excelsior Sailor, Minnetonka Sailor, Westonka Sailor{ The Laker/Pioneer, Star Tribune/Mplsy Carver County Herald{ Patriot News SUB,/, Deicing on Laie Minnetonka FOR IMMEDIATE RELEASE 2� [rommen l � I\ m 4S ra r e ..- A hearing on Lake Minnetonka deicing is scheduled for August 24 by the Lake Minnetonka Conservation District (LMCD) at the Ton's Bay Village Hall. The District expects to receive comments and recommendations from the public at this hearing. All persona in.srested in deicing and in the deicing program on the Lake are invited to attend. Deicing on Lake Minnetonka is by permit only, through the LMCD. The hearing will begin at 7 p.m., preceeding the regular meeting of the LMCD Board of Directors. The Tonkn Bay Village Hali is located at 4901 Manitou Road, County Road 19. xxx jllr' - - LAKE MINNETONKA CONSERVATION DISTRI �' lelll G uop I REGULAR MEETING TONE/ BAY VILLAGE HALL lJ 11IJJ� June 22, 1988 The regular meeting of the Lake Minnetonka Conservation District CALL TO was called to order by Chairman Rascop at 7:30 p.m., Wednesday, June ORDER 22, 1988, Tanks Bay Village Hall. Present: Albert Foster (Deephaven), Carl Weisser (Excelsior), Robert ATTENDANCE Pillsbury (Minnetonka), Jan Boswinkel (Minnetorka Beach), John Lewman (Minnetrlsta), Tom Reese (Mound), JoEllen Hurt (Orono), Robert Rascop (Shorewood), Ron Kraemer (Spring Park), Marvin Bjorlln (Tooke Bay), John Malinke (Victoria), and Robert Slocum (Woodland). Communities represented, Twelve (12). Absent: David Cochran (Greenwood), and Mark Westlund (Wayzata) MINUTES, Lawman Moved, Boswinkel Seconded that the m'nutes of the MINUTES May 22, 1988 regular meeting be approved as amendee. (1) to add the comment in the paragraph on "ONE Dredging Policy" that the LMCD leg- islative package include a request that the DNR notify the District regarding dredging applications on the Lake; and (2) Reese requested that his vote on the contract matter be listed as abstention. Motion, Ayes [121, Naye [O]. FINANCIAL REPORT. Hurr Moved, Reese Seconded (1) that the monthly financial report be approved; and (2) that the bills be paid except (a) for the Mlxa settlement ::mounts (which will be reviewed by Hurt and Weisser, with a report to be made at the next Board meeting), and (b) with the addition of the July estimate of $19,918.00 for Arndorfer Associates, Inc. Motion, Ayes (8), Nay$ (4), Lawman, Pillsbury, Rascop and Slocum voting Nay. WATER STRUCTURES 6, ENVIRONMENT COMMITTEE and LAKE COMMITTEE. Pillsbury reported that the committees combined for a eke tour June 11 and inspected approximately 33 sites. Reese Moved, Boswinkel Seconded that Water Structures and Envi- ronment Committee report be accepted. on, Aye, [12), Nays 10). Pillsbury Moved, Burr Seconded that the Lake Use Comittee report be accepted. Motion, Ayes 1121 Nays 101. ADVISORY COMMITTEE, Rascop tied that Lrndorfer had presented his progress report to the committee for developing the Comprehensive Plan, and that the committee recommended (1) using the original charting method to show timetable and per cent of work, (7) that the plan be reduced from three years to two years at the Metropolitan Council's direction; (3) that the June 17 invoice for $16,618.58 be paid subject to providing backup percentagest and (4) that the )uly billing for $19,919.00 be paid subject to review and acceptance by the Advisory Committee at ire next meeting. FINANCIAL REPORT LMCD Board Minutes June 22, 1988 Page 2 Reese Moved, Pillsbury Se,onded that the Advisory Committee report COMP PLAN/ be accepted, and that the contract terms with Arndorfer Associates, ARNDORFER K Inc. for the Comprehensive Management Plan for Lake Minnetonka be to 2 YRS adjusted for completion from 36 months to 24 months. Motion, Ayes 1121, Nays 101. I� Reese Moved, Weisser Seconded that the terms of the conttaet with ARNDORFER � Arndorfer Associates, Inc. be reviewed by Attorney LeFevere for ad- CONTRACT justment to base payment on per cent of completion of each task as the primary payment measure. Motion, Ayes I121, Nays (0). PUBLIC RELATIONS 6 EDUCATION COMMITTEE, Rascop reported that the initial meeting of the Public Relations and Education Committee, minutes distributed at this meeting, was held to review the LMCD program and its relationship to public relations and education. The program focus should be towards raising the image of the Dis- trict. Tie consultant, Kelvin Miller of Primariva Limited, was asked to develop background for policy and program recommendations for consideration by the Board, targeted for the September Board meeting. Harr Moved, Bjorlln Seconded that the committee report be accepted. P R 6 ED Upon discussion as to authorization not having peen presented to COMMITTEE the Board concerning the consultant's hiring, Harr Moved, Weisser Seconded that action on this committee Le tabled. Motion, Ayes (101, Nays 121, Pillsbury and Slocum voting Nay. 1989 BUDGET, Hurt Moved, Pillsbury Seconded that the 1989 bu.•,t 1989 be ado ted and certified to the villages. Motion, Ayes 1121, Nays BUDGET 1o). OTHER BUSINESS, Harr reported that the Metro Waste Control Commis- sion plans to cut an Orono sewage -treatment lift -station improvement project in the Baldur Park area which would eliminate raw sewage from g-'ng Into the Lake, as has been happening n the past during modere heavy rainel Orono lift stations can.- c handle t:,e over- flow, a,. so the sewage is pumped into the Ike. Hurt Moved, Rascop Seconded that a resolution be dratted by the WASTE CONTROL attorney to the Macro Waste Control Co. lasion in support of the FOR BALDUR improvement project for the Baldur Park art.. in Orono. Motion, Ayes PARK I121, Nays 101. The Metropolitan Council Systems Committee has nFfered the LNCD a MET loan for the Comprehensive Plan for the Management of Lake Minne- 'dN tonka. A condition of a loan would be the study :-eing completed by May 1990. The Met Council Systems Committee requires quarterly r. Duits, starting in octoSer. The boat tour to acquaint Hennepin Cointy Judger of violation examples and Code anforncament provisi, ne on the lake has been set for Saturday July 23. All Board members are welcome to attend. A follow-up critique aft*. .ne tour was recommo -ed by Harr. In- LMCD Board Minutes June 22, 1988 Page 3 quiring of the tour's purpose by Reese, the attorney review the JUDGES' purpose as being an educational tool for the benefit of the Judges TOUR In trying cases on Lake matters. The first tour, in 1987, was pre- pared ir. conjunction with the Water Patrol and the prosecuting attorney. It was set-up as a seminar with educational unite awarded to participatin., judges. In an effort to gain better participation this year, Malinke and Hurt volunteered to help contact the judged, ureing Directors living in each judge's area to similarly do so. Regarding the request for increased patrol on the Lake, Sascop reported the DNR has provided for an additional full-time conserve- tion 'it. The DNR now has four conservation officers for tFi Lai n increase of two patrol boats, from two to four, on the week Conservation officers requested authori to tag under the lode, the attorney will research ticketing authority for conserva..un officers to so tag. Pillsbury Moved, Bjorlin Seconded her a letter of thanks be sent ADDITIONAL to the DNR for the additional eni..rcement Pc ppot[. Notion, Ayes DNR (121, Maya 101. ENFOP•.:ENENT Chairman Rascop and director Slocum will meet July 11 w C the Wood- WOODLAND land City Council to discuss shorelend and vegetation crdinancee. VEC ORDINANCE Cities have been urged to adopt LMCD policies and ulatlons, in- cluding the LMCD'e vegetation model ,,dinance. The public b-aring report regarding the Niccun, develupmenc on Seton Lake was rev .ed, '.lifford Reep in attendance. A new plan had been i submitted shotfng that .. .. piling will come in contact with 'he Leland at 929.4, a plan which the DNR has authorized. Boswinkel M+ved, Lewoan Seconded that the 6-6-88 plan submitted for ."'y the Niccum development or Teton Lake be approved, subject to DNR LICENSE and City of No- aonreval@. 11,tion, Ayes 1101, Nay@ 12). Ilur': and Pillsbury vot. ,l lay. '. Boswinkel Moved, Pillsbury Seconded that the temporary liquor TEMPCRARY lhensaa approved for Al 6 Alme's Supper Club, Inc. and for the LIQUOR Executive Cho ::re (for the Soali World ;d the erbirrage) '= ex- LICENFSS tended to August :., 1988. Motion, Ayes I " : Nay$ 10). ADJOURNMENT, Pillsbury Moved, Harr Seconded at 9:03 p.m. that the ADJOURNED meeting be adjourned. Submitted by, Carl H. Weisser, Secretary Approved bye Robert MscoP, Chaireon WAYNE G. POPHAM RAYMOND A HA'K ROGER W SCMNOBRIC. DENV EP KAUFMAN ROBE RT A. MINIS. ROLFE A. WOROCN G. MARC WHITEHEAD BRUCC O. WILLIS r REDERICA S. RICHARDS O.ROBC RT JOHNSON GARY.. MACCMBER ROBCOT b. BUR. MUG. V. PLUNKETT•III IRCDERICK C BROWN THOMAS K. SCRG JAMES R. STEILEN JAMES B.LOCKMART AL LEN W. MINOCRAKER CUFrOPD M GREENE D. WILLIAM KAUFMAN MICHAEL O.fMEEMAN MOWARD SAM MYEPS.III LAW*' D, ESPCL J ANIC S. MAYER ON T.OM AS J BARRETT POPHAM. H.'11K,JCHNOSRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS. MINNESOTA 155402 JAMES A. PATNL DAVIL JONES LEE L SHEEHY •LAIN rRECON LESLIE GILLETTE MICNAEL T. NILAN ROBERT H. LYNN YM064AS M. SIPKINS ROBE*♦ C MOILANEN THOMAS F.NELSON THOMAS J RADIO DAVID L HASHMALL KATHLEEN M. MARTIN JOHN C CHILD5 DOUGLAS P SEATON THOMAS L. SANNER RIC IARD A. KAPLAN BRUCC B. MCPHEETERS SCOTT E. RICHTER PAUL J. LINbTROTH SCOTT A. SMIT. DONALD M. LEWIS ELIZABE TH A THOMPSON KEI TH J..ALLEIAND MARK *.PETERSON TELEPHONE 012- 333-4800 TCLCCOPI[R 1331 S12-334-2713 1321 812-33♦-27BI 131I612-334 2S03 SUITE 2.00 1200 SEVENTEENTH STREET DENVER. COLORADO 80202 TELEPHONE 303-093-INOC TELCCO•IER 303-093-2194 SUITE 300 SOUTH IBCO M STREET. N. W. WASHINGTON, O. C 20036 TELEPHONE 202 820-5300 TELECOPIER 202-824-S310 C)IRECT DIAL NUMBER Melvin Kilbo, Chief of Lice City of Orono Orono Police Department P.O. Box 86 Crystal Bay, Minnesota 55323 334-2687 D. RANDALL BOYER BRIAN N. JOHNSON TIMOTHY W KUCK CAROL B SwANSON BRUCE A PETERSON JULIE A. SWEI12CR THOMAS C MIELENHAUSEN MICNAEL O.CHPISTENSON J. MICNAEL SCHWARTZ TODD M JOHNSON JCrFREY P.CAIRNS LOUIS P. SMITH BRUCC M, LITTLE MARK F PALMA RUSSELL3 PONESSA BRYAN L.CRAWFOPO MATTHEW E. DAMON JOHN W. PROVO ELLEN SUE PAI`KCR GREGORY G. BMOOKER WILLIAM M. OJILCI JR. TERRANCE A. COSTELLO JOSEPH D VASS BRIAN W.OH M STEVEN A. CHCLCSNIK August 15, 1988 Re: State of Minnesota v. Mark Brandow Fleeing a Police Officer; Reckless Driving Dear Chief: GREGORY G. SCOTT RJSANNE G. EAIDENWEBER ROBERT C. CASYLC THERESE M.MANKEL JULIE FLEMING-WOLFE DEBORA. A. DYSON ZAC.ERr M. JONES BCNSON K. WHITNEY KATHRYN M. WALKER GEORGE J. SOCHA SHANE R, KELLEY SJSAN M. WEIS MARK I. TEN EYCK DUANE R. NOECKCR Or COUu2E. FRED L.MORRISON .ADM'YTEO IN IOW. .40MI112D 1. IllINOI• Last week, a jury trial was held in the above matter before Judge John Borg. Following the close of testimony, Judge Borg made it a point to discuss with me the testimony of Officer English. Judge Borg was extremely impressed by Officer English's straight -forward, honest testimony. He specifically indicated that Officer English's testimony was very much above par as compared to many of the officers who have testified in other cases before him. As for the trial, the jury returned guilty verdicts on both counts. While the defendant did a good job of suggesting that a middle-aged, intelligent businessman with a wife and children would not drive in such a manner, the jury chose to believe Officer English's testimony. I thought you would be interested in hearing the judge's comments. BLC:srp:4057L cc: Officer Irving English ve_ >� truly yo s, � � I fl� ti LC :. ♦ _ -mac �L,� l A Ban L) Crawford is Lj MINUTES OF THE SPECIAL MEETING OF THE SCHOOL BOA OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JULY 21, 1988 A special meeting of the School Board of Orono Independent School District No. 278 was held on Thursday, July 21, 1988. Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor Member Don Anderson introduced the following Resolution and moved its adoption: OFFER TO PURCHASE THE MAPLE PLAIN ELEMENTARY SCHOOL SITE WHEREAS, Woods Academy Inc., on July 13, 1988, delivered to the School District notice of the exercise of the option to purchase the Maple Plain Elementary School site contained in the lease between the School District and Woods Academy, Inc.; and WHEREAS, the School District, on May 26, 1988, commenced an action to condemn the leasehold and all other interests of Woods Academy, Inc. in the Maple Plain Elementary School site; and WHEREAS, a hearing upon the School District's Petition for condemnation of the leasehold and all other interests of Woods Academy, Inc. was held before the Hennepin County District Court on June 30, 1988; and WHEREAS, the Hennepin County District Court by an Order dated July 13, 1988 granted the petition of the School District for the condemndtion of the leasehold and all other interests of Woods Academy, Inc. in the Maple Plain Elementary School site; and WHEREAS, the conditions of overcrowding in the schools of the District have ircreased since the School Board took action to authorize the condemnation action; NOW, THEREFORE, BE IT RESOLVED by the School Board of Independent School District No. 278 as follows: 1. That the notification by Woods Academy, Inc. of the exercise of the option contained in the lease with the School District will be treated as an offer of purchase. 2. That the offer of purchase be rejected because of the immediate need of the School District to offer programs of O'40 education at the Maple Plain School site in the fall of 1988. The motion for the adoption of the forgoing Resolution was duly seconded by member .Tim Franklin , and upon a vote being taken thereon, the following voted in favor thereof: Crosby, Maresh, Taylor, Franklin, Anderson, McKown and the following voted against the same: None whereupon said Resolution was declared was declared duly passed and adopted. UPON MOTION by Lucie Taylor, seconded by Kitty Crosby, the Board of Education directed administration to develop a primary school, grades kindergarten and first, to be housed on the Maple Plain site and to begin operation for the 1988-89 school year. UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board of Education approved a change in the school day schedule to accommodate the elementary program and the addition of a primary school. Starting and ending times for the school day to approximate the following: High School 7:30 a.m. - 2:05 p.m. Primary and Elementary Schools 8:10 a.m. - 2:10 p.m. Intermediate and Middle Schools 8:35 a.m. - 3:05 p.m. UPON MOTION by Jim Franklin, seconded by Don Anderson, the meeting was adjourned. Approved: Dave McKown, Chairman MINUTES OF THE MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JULY 11, 1988 The annual meeting of the School Board of Oreno Independent School District No. 278 was held on Monday, July 11, 1988. Present: Dave McKown James Franklin Thomas Mich Kitty Crosby John Maresh William Ferholt Absent: Don Anderson Lucie Taylor The meeting was called to order and nominations for chairperson were requested by Dr. Mich. UPON MOTION by Jim Franklin, seconded by John Maresh, Dave McKown was nominated for chairperson and was elected by unanimous ballot. UPON MOTION by John Maresh, seconded by Kitty Crosby, Don Anderson was nominated for vice chairperson. Jim Franklin MOVED, John Maresh seconded that nominations cease and Mr. Anderson was elected by unanimous ballot. UPON MOTION by Jim Franklin, seconded by John Maresh, the yearly -'alary for Clerk was established as $500. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the yearly salary for Treasurer was established as $100. UPON MOTION by Jim Franklin, seconded by John Maresh, Kitty Crosby was nominated for clerk. John Maresh MOVED, Jim Franklin seconded that nominations cease and Mrs. Crosby was elected by unanimous ballot. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, Lucie Taylor was nomi- nated for treasurer. i'.itty Crosby MOVED, Jim Franklin seconded that nominations cease and Lucie Taylor was electea by unanimous ballot. UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board of Education authorized the use of signing plates for officers for 1988-89. UPON MOTION by Jim Franklin, seconded by Kitty Crosby, the consent agenda was approved as `oliows: - approved the minutes of the June 13, 1988 regular meeting; - approved the appointment of Michael J. Preble as second grade teacher at Schumann Elementary School; - approved the appointment of William Rosati as second grade teacher at Schumann Elementary School; - set the coordinator stipend at $7,500 and $4,000 for the positions of com- puter coordinator and staff development coordinator respectively; - approved continued membership in E.C.S.U. for the 1988-89 school year; - approved continued membership in AMSD for the 1988-89 school year; - agreed to participate in Chepter I and authorized an LEA representative in conjunction with the District Advisory Committee and School Advisory com- mittees of the District to execute and file application for the school district and to otherwise act as authorized representative in all Chapter I related activities; approved continuation of membership in the Minnesota State High School according to the following resolution: . • Approved by the Orono Board of Education - July 11, 1988 RESOLVED, that this governing board of School District 0 27e and name Orono Independent Scholl District , County of Hennepin , State Of Minnesota, delegates the control, supervision and regulation of interscholastic athletic and other extracurricular activities (referred to in Minnesota Statutes, Section 123.38) to the Minnesota State Nigh School League, and so hereby certifies to the State Commissioner of Education. a. provided for by Minnesota Statutes, Section 129.121. FURTHER RESOLVED, that the high school(s) - (name all schools in the district) Orono High School s art authorized y this, the governing board of said school district or school to: 1. (Check either A or 8) A. Make new application for membership in the Minnesota State High School league, and _.L_S. Renew its membership in the Minnesota State High School LNgut, and 2. Participate in the approved interschool activities sponsored by said league and its various subdivisions, and FURTHER RESOLVED, that this governing board hereby adopts the Constitution, By-laws, rules and regulations of the said League and all amendments thereto as the same are published in the latest edition Of the League's Official Handbook, on file at the office Of the school district, as the minimum standards governing participation in said league sponsored activities, and that the administration and responsibility for supervision of such activities are assigned to the official representative. - approved the following variance requests: Annette Murphy, kindergarten, to attend Orono Schools for the 1988-89 school year Joshua Brooke, kindergarten, to attend Wayzata Schools for the 1988-89 school year Kelly McEnany, grade 11, to complete her education at Robbinsdale Schools; - accepted the low bid of M b S Roofing for replacing roof section F on the Orono Middle School; - accepted the low bid of McBroom Construction, New London, MN for 1P overlayment and P latex surface on the senior high school track; - accepted the bid of Context, L.T.D. for carpet installation as per bid taken on June 21, 1988; - RESOLVED: That William Fenholt, Business Manager, on behalf of Orono Independent School District No. 278, is hereby a�,thorized to enter into and designated to sign a contract for public school energy conservation investment loan funds as authorized by Laws of Minnesota, 1983, Chapter 323, and approved by the Energy and Economic Development Authority. BE IT ALSO RESOLVED that Orono Independert School District No. 278 guarantees it will annually levy or otherwise collect an amount sufficient to make annual loan repayments of the interest and principal due on the loan amount approved, which is not to exceed the $5,293 requested in the accompanying loan application. - approved the adoption of the Harcourt Brace Jovanovich language arts text for third grade; - approved the Treasurer's Report for April, 1988; - approved the bills as covered by vouchers 059840 through 059921 ane 058498 through 059215. Dr. Mich reported that a successful summer ;rh,)ol program was completed with over 400 students in attendance; that. on Augus- 18 the Board is invited to attend a chemical awareness workshop; that on that same date, August 18, the annual picnic for the summer workers will be held at Schumann Elementary School and the Board is invited to attend; that the faculty speaker for the Preschool Workshop will be David Aldrich; that the summer projects are on schedule; that an Executive Sassion of the Board directly follows this meeting regarding litigation. Representative John Burger was present at the meeting and commented briefly on his work as the Representative for this district. Kitty Crosby expressed appreciation to Representative Burger for th? attention/service he provides to the Orono School District. UPON MOTION by Jim Franklin, seconded by Kitty Crosby, the Board of Education approved the Mission Statement/Instructional Goals policy as reviewed by the Board on June 13, 1988. Mission Statement/Instructional Goals follow: Approved by the Orono Board of Education — July 11, 1988 MISSION STATEMENT The Board of Education of School District 278 recognizes its responsibilities to the residents of the communities served and acknowledges the continuing support of the citizens. The most fundamental of those responsibilities mandates the development and implementation of a sound educational program which promotes intellectual curiosity and assists each student to reach his/her potential. As such, the curriculum seeks to meet the seeds of individual students by means of a challenging and coordinated program of studies based on the instructional goals of the District. The curriculum is implemented by each teacher's respon- sible selection and use of sound methods of instruction. Additionally, the educational responsibilities of the Board of Education require that self -development opportunities be available to all residents. This is accomplished through a program of Community Education. In order to meet its educational responsibilities, the Board of Education is dedicated to continued growth and learning for all who serve district students: staff members, teachers, administrators, and members of the Board of Education. The stated instructional goals, lis'ed in priority order, define more specifi- cally the mission of School District 278 and its educational commitment. The goals are promoted within established fiscal policies according to the priori- ties, limitations, and obligations of the School District. Approved by the Orono Board of Education - July 11, 1988 INSTRUCTIONAL GOALS 1. Develop good character, self-respect, a feeling of self worth, and self- discipline. 2. Gain a sound education in the basic skills including reading, writing, arithmetic, speaking and listening. 3. Gain the skills necessary for critical thinking, creative problem solving, and the systematic inquiry and evaluation of information. 4. Gain a general education providing appreciation for and achievement in the humanities, the sciences, the fine arts, and vocational studies. 5. Learn to be good citizens who appreciate, understand and practice democratic ideals. 6. Learn to work in groups and to respect and resolve human differences. 7. Learn to meet the challenge of dealing effectively with one's own strengths and weaknesses. 8. Develop skills necessary to use and to take advantage of modern technilogy. 9. Develop skills, attitudes, and understandings necessary for the management of money, property, and resources. 10. Learn safety and good physical/mental health practices. 11. Learn about and understand the changes in the world and the global inter- dependence among people and resources. UPON MOTION by Kitty Crosby, seconded by John Maresh, the School Board approved the continued use of STS Consultants, LTD for engineering services relating to Phase II underground fuel storage tank contamination exploration. UPON MOTION by Kitty Crosby, seconded by John Maresh, the Board of Education established the regular School Board meeting time at 7:00 p.m., to be held in the middle school vocal music room on the following dates: July 11, 1988 August 8, 1988 September 12, 1988 September 26, 1988 October 10, 1988 October 24, 1988 November 14, 1988 December 12, 1988 January 9, 1989 January 23, 1989 February 13, 1989 February 27, 1989 March 13, 1989 April 10, 1989 April 24, 1989 May 8, 1989 May 16, 1989 (9:30) June 12, 1989 UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the Board of Education designated the State Bank of Long Lake and the Bank of Maple Plain as deposi- tories for the regular funds of this school district and the officers of the Board of Education are hereby authorized in the name of and on behalf of the Board of Education to open or cause to be opened or to continue or cause to be continued accounts with said banks and to execute and deliver to said banks, signature cards supplied by said banks containing said banks usual customer agreement applicable to such accounts and the signatures of the officers or other persons hereinafter named are hereby authorized to act for and on behalf of the Board of Education or otherwise to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such accounts any money, checks, drafts, orders, notes or other instruments payable or held by this Board of Education. Said officers are: Dave McKown, Kitty Crosby and Lucie Taylor. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the Board cf Education approved the following investment depositories and authorized George Stubbs and William Fenholt to transfer funds among these financial institutions for invest- ment purposes: 1) Marquette Bank 2) Norwest Bank of Minneapolis 3) First Bank of Minneapolis 4) Midwest Federal Savings and Loan of Minneapolis 5) First Minnesota of Wayzata 6) Twin City Federal Savings and Loan 7) Minnesota School District Liquid Asset Fund Plus 8) State Bank of Long Lake 9) Bank of Maple Plain 10) Norwest Bank - Midland N.A. 11) Eaton Vance Investors Fund, Inc. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the LAKER/PIONEER was designated as the official publication of the Orono School District. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the official office of thr clerk of the School Board will be the District Office in the middle school building. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the auditing firm of Froehling, Anderson, Plowman b Egnell, Ltd. as school auditors was approved. UPON MOTION by Kitty Crosby, seconded by Jim Franklin, the renewal of surety bonds for all employees was approved. UPON MOTION by John Maresh, seconded by Kitty Crosby, Board members were appointed to the following committees for 1988-89: Teachers Meet R Confer Minnesota State H.S. Leay e A.M.S.D. E.C.S.U. P.E.R. TIES Community Education M.S.B.A. Local Legislative Liaison Chapter I Continuing Education Negotiations Parents Meet 6 Confer District Staff Development Kitty Crosby, Lucie Taylor John Maresh, alternate Dave McKown Jim Franklin, Dave McKown, alternate Don Anderson, Jim Franklin, alternate Lucie Taylor, John Maresh, alternate Dave McKown John Maresh, Dave McKown, alternate John Maresh, Thomas Mich, alternate Kitty Crosby, Jim Franklin, alternate Don Anderson Kitty Crosby, Jim Franklin, Lucie Taylor Don Anderson, Lucie Taylor Lucie Taylor UPON MOTION by John Maresh, seconded by Jim Franklin, the School Board approved the Early Childhood Family Education Coordinator Contract. UPON MOTION by Jim Franklin, seconded by John Maresh, the meeting was adjourned. Approved: Dave McKown Chairman MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 16, 1988 ATTENDANCE 7:00 P.M. The Orono Planninq Commission met on the above date with the following members present: Chairman Kelley, Johnson, Moos, Colien, and Hanson. Brown arrived at 7:25 p.m. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, and City Recorder Schef f ler. Counci lmember Peterson was also present. #1301 DAVID L. WHITE i FREDRICK C. WHITE 180 NORTH SHORE DRIVE WEST CLASS 3 PRELIMINARY SUBDIVISION Mr. Fredrick White was present Lor this matter. Gaffron explainer the proposed subdivision, noting the l-cation of the existing mouse and garage. The Applicants propose to lea- a 2+ acre parcel with the existing house and also create a second buildable lot. Their site evaluator found an alternate sit- for the existing house with its proposed 3-acre parcel, but testing resulted in a recommendation by the site evaluator to add about 1.3 acres to Lot 2 to accomodate drainfield sites, leaving Lot 2 with about 4.8 acres total. Applicant has agreed to this revision. They intend to leave Outlot A for future development. This woula result in a subdivision of three lots that would access from County Road 84. The City Engineer, Glen cook, recommends that interior access be developed for this property. Staff put together s diagram showing anticipated development in the area. Mr. Armstrong, property owner to the east, expressed concern about access. The Armstrong property could easily be servF by a road along it north boundary. The Olson property lirectly North o.• Armstrongs could be served by a cvl de sac. Applicant stated that he doubted the ability to put a sewer system on north part of the outlot due to topography, and was not sure whether there would be enough land to put in a cul de sac and still have 2 acre lots in Outlot A. Hanson suggested an alternate cul de sac location to avoid access directly onto County Road 19. Gaffron suggested that a stipulation of subdivision approval be that once an interior access read is developed, all lots would have to access from it. Hanson noted chat a topographic map had not been submitted and Cohen agreed that since the Outlot area is of concern as it relates to a comprehensive development plan for the area, that topography would be necessar•,. Hanson commented that, more than any parcel he has recently seen, he feels that the total acreage here an,i development possibilities adjacent really do require a more comprehensive approach to the development. Mrs. Armstrong,, who is the owner of property to the east and south of Applicar a that she is interested ir. the ability of coming in with a road from 19 since they may wish to sell that property. She questioned whether plans to do s�p would need to be written into the present proposal. Mr. Kelley informed titr that the dedication of 20 feet for future roadway would probably by one of the conditions of the subdivisirr on this property. Gaffron inquired whether road construction costs woul be shared given that 2 of Applicant's 1(. -nay ultimately require usage F that read? Kelley commented offirmat e1y and went on to say that ^. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1301 DAVID L. WHITE & FREDRICK C. WHITE -CONTINUED concurred with Mr. Cohen's request for a topographic map. The PC has to be sure that the development of this land is in line with the comprehensive plan of the City. He felt it is important to limit access from County Roads, especially 19, because that traffic will increase over time. Commissioner Johnson agreed that a more comprehens-ve workup was needed as to development alternatives for the property. Kelley asked for further public comments, there were none. Johnson questioned whether it was Hennepin County's position to limit access to the County Roads involved as much as possible. Gaffron responded that although they have not yet responded in this application, typically they would like to limit as far as possible the number of accesses. It was moved by Kelley, seconded by Cohen, to table #1301 pending Applicant's further consideration of a comprehensive development plan and submittal of a topographical map, and review by the City as to the position and cost of the roadway. Motion, Ayes=6, Nays=O, Motion passed. #1207 GENE i CATHERINE SCANLON 2815 CASCO POINT ROAD CONDITIONAL USE PERMIT 6 VARIANCE THIRD REVIEW Gene and Catherine Scanlon were present for this matter. Zoning Administrator Mabusth stated that the Applicants were seeking the replacement of structures that were damaged in the storm of July 23, 1987. The specific structures involve a lake shore deck, access stairs and a 7' x 7' storage shed. Applicants now propose placing the storage shed underneath the existing or proposed deck, which will allow for a reduction in the hardcover from what was there prior to the storm. The total hardcover for the proposed deck is 165 sq. ft. The plans h&ve been reviewed by the building inspector. Commissioner Kelley asked what the 165 ft. included. Mabusth stated it includes just the decking, and not the 149 sq. ft. of access stairs. Kelley questioned recommendation #2 regarding plantings. Mabusth replied that this procedure is very consistent with what they are now asking of all persons who replace retaining walls in lakeshore yards. She noted that the Applicants have volunteered to reduce hardcover within the 75-250' setback area. Hanson commended the Applicants on making every effort to work on this. Mabusth added that the Scanlons are going directly to the Council on this. In regard to the date the hardcover removals are to take place, Hanson asked Applicants for a date they felt was realistic. Applicants replied next Spring, and June 30, 1989, was agreed upon. The specific hardships that apply in this particular variance are the extreme slop. -f the land and the necessary work required to stabilize that area after t,�e storm. Johnson stated that he did not think this variance was consistent with the 0'-75' policies in that there is a retaining wall, stairs, storage structure and deck all within 25' of the Lake. It was moved by Hanson, seconded by Cohen, t, recommend approval of $1207, Gene & Catherine MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #{1207 GENE 7 CATHERINE SCANLON-CONTINUED Scanlon, per staff recommendation. Motion, Ayes-5, Nays-1, Motion passed. #1286 GARY RODERICK CONSTRUCTION 1749 NORTH FARM ROAD VARIANCE SECOND REVIEW Applicant was present for this matter. This is a continuation of a Public Bearing. The request is to build a 6' high fence on the property along County Road 6. The proposed location of the fence is considered to be a front or sidestreet yard. There are some existing, but immature, trees and shrubs in this proposed fence location. Applicant's concerns are that children could run out onto County Road 6. Noise from County Road 6 is also a problem, as well as headlights from traffic travelling west on County Road 6. Adjacent property owners are concerned that a 6' fence does not fit into Orono's landscaping scheme of openness and natural fencing using vegetation. Applicant stated that in his opinion the fence would not create any sighting interference. Applicant went on to say that the vacant residence, but he hopes to sell buyers have inquired about a fence an, this matter to see whether fencing out that the present fencing ordiz arc, the south side of the property with n feels this is backward. Ben Field; that he is opposed to this variance. from the natural openess of the area. built so as to compliment the natural developer Timothy Adams reiterated Mr. property in question contains a now it in the near future. Prospective I the Applicant is merely pursuing realistic idea. Applicant pointed would allow him to put a fence on .eed for a variance whatsoever. He adjacent property owner, indicated He believes the fence will detract 411 7 houses in that area have been surroundings. "Farm at Long Lake" Field's convictions. Commissioner Johnson concurred with Mr. Field and Mr. Adams regarding approval of this variance. Cohen stated that Applicant has the right to put up a 3-1/2 foot fence, which he thinks would alleviate any potential safety problems. The natural vegetation that exists on the property will grow and will provide a :natural barrier. He is against a 6' fence. Applicant made a final comment about 6' fences that already exist in Orono. It was moved by Kelley, seconded by Cohen to recommend denial of the variance ##1286, Roderick Construction. Motion, Ayes=7, Nays-0, Motion passed. Kelley informed Applicant of his next procedural step which would be an appearance before the CJ__%, Council. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD REFERRAL BACK TO PLANNING COMt:: ION Applicants were not present. Mabusth explained that this was a referral back due to the possi')_.lity of the need for a height variance. She stated that staff waF, ahl:- to confirm that there is no need for a height variance. Mr. Fe1:ey cxpressed his concern about the Iversons MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1291 ALFRED IVERSON-CONTINUED adhering to the 38.4% hardcover. Cohen asked what happens if in the final review, applicant is 2% off. Mabusth stated that they would be required to remove the 2% as hardcover is limited to 38.4%. It was moved by Kelley, and seconded by Hanson, to reaffirm #1291 to be held at 38.4%. Motion, Ayes=7, Nays=O, Motion passed. #1300 ANTHONY EIDEN 2290 i 2340 ABINGDON WAY CONDITIONAL USE PERMIT Applicant was present for this matter. Zoning Administrator Mabusth stated that this matter pertains to the request for a Conditional Use Permit and a variance to encroach upon a DNR- protected, designated wetland area for the installation of a pond. The initial plan has since been revised so that the proposed pond is now out of the wetland area with a 20' setback separation. Most of the grading and filling will be done to the northwest and away from the wetland area. The change will not affect the drainfield. Appropriate erosion control must be maintained during the entire installation of the pond. The Applicant seeks a 20' setback to the designated wetland. If the plans could be revised to achieve 6 more feet, then a setback variance would not be required. Kelley questioned whether the plans would still allow for 2 acres o- dry, buildable land on both lots. Applicant stated that both Lots 9 and 10 were over 2 acres, but he did not know the ratio of dry land to wetland. Johnson questioned if potential excess f lowage from the pond would flow out the wetland. Mabusth stated that she had asked the Engineer and that there is no need for overflow in this area because the majority of drainage really goes toward the southeast. Kelley asked if seeding was a requirement immediately after grading and if so, what about watering the seed with the lack of rain and water conservation. Applicant stated that the project will not be completed until September and hopes for more rain aroun. that time. Debtie Lewis, a neighbor across from Mr. Eiden's proper.`y, was concerned with the water level of the pond and the stagnant water in the pond becomming a mosquito: breeding ground. Mabusth asked Applicant if he planned any form of aeration to prohibit stagnation of the pond water. Mr. Eiden said that he had not given any thought to aeration and that the water level would vary with the rainfall. Ms. Lewis expressed her concern also about the possibility of algae growing as a result of the lawn chemicals. Kelley added that in his opinion a small pond would not increase the mosquito population to P nc.;ticeable degree, especially since half of Orono is wetlands or lake. It was moved by Ke';ey, seconded by Hanson, to approve $1300, Anthony Eiden Conditional Use : -m._t for wildlife pond, subject to the condition that thfr 2 lots maintain -t.e 2 acre dry, buildable requirement and 26' setback must he met. Notiur, Ayes=7, Nays-0, Motion passed. 4 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 CITY OF ORONO CRYSTAL BAY ROAD IMPROVEMENT CONDITIONAL USE PERMIT PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Zoning Administrator Mabusth explained that tt., Conditional Use Permit involves four properties on Crystal Bay Road. There are approximately 200 lineal feet of roadbed that need to be restored as a result of the July 23, 1987 storm. Kelley asked interested parties if they had received a copy of the proposal from the City. Some had received this information, others had not. Mabusth said that there were two options the City was considering. There was a revision to the plan in that there would be no fill, no shoulder, but blacktop would extend right up to the posts and a guardrail would be installed for safety approximately 3-1/2 feet high. Tim Schupp stated that the road is net. dedicated and never has been. The concensus is that the residents do no-- want the City to maintain the Road and would like the City to remove the Road. Kelley suggested this matter be tabled until the residents could get with the City to work this out. The residents indicated that they have been trying to work this out with the City for one year and to date have had no success. Mabusth suggested that the reasoning for the City not allowing the Road to be closed may have to do with access for residents of Minnetonka Beach. Leesa Anderson spoke, saying that her property is in both Minnetonka Beach and Orono. She stated that because of the condition of the Road nobody uses it and to her knowledge there have been no complaints by citizens of Minnetonka Beach regardi.ig the inaccessability of Crystal Bay Road. Kelley stated that the concept of the residents wishing to turn asphalt back into grassed area was in line with the City's comprehensive plan and felt an alternative could be found. Mr. Lee Erger stated that the City told the residents that Minnetonka Beach did not want the road closed. Bill Wolfe stated that the proposed barrier was totally unacceptable to him and that the City was not properly notifying residents when it came to issues such as these. He proposed the following 6 items: 1. Stainless wire would be better than galvanized. 2. Drainage provisions behind the wall should be provided. 3. Support beams should extend into the ground 4. More Duckbills, 4 per post as opposed to 2 per post. 5. Treated 4' x 121, rather than 2' x 12' 6. Leaving bottom 5' of wall exposed and make aesthetically releasing. Mabusth pointed out that it would be the property owners' responsibility to fill in the area between the retaining wall and the lakeshore. Johnson said ttnt any further discussion was academic since the aspect of closinq the Road entirely needed further exploration. Mabusth believed that these avent,es had already been explored and the matter resolved for the City's �p rt.. that is why the conditional use permit had been filed. In her opin. r, there is great urgency to get this resolved. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 CRYSTAL BAY ROAD IMPROVEMZNT-CONTINUED Kelley stated that this was the first time since this matter has come to his attention, even though it has been a live issue for a year. Hanson asked whether the group of neighbors had a plan for an alternative access to their properties, and if a homeowner's association existed to take responsibility for the road. Hanson noted that apparently there is none, as the City has been plowing the road. Mr. Schupp stated that he had met several times with Public Works Director Gerhardson and finally wrote a letter to the Mayor which is why this matter was now before the Planning Commission. He asked for direction from the Planning Commission to get this matter resolved. Mabusth told Mr. Schupp to contact her. Mr. Kelley asked Mabusth who would fund this. Mabusth stated that the City is proceeding w'4-h this as a City project. It was moved by Cohen, seconded by Kelley, to table the matter until the residents could work with the City to work up a proposal to bring back in front of the Planning Commission. Motion, Ayes=7, Nay=O, Motion passed. #1303 ALLAN REZABER 1989 FAGERNESS POINT ROAD VARIANCE PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Mr. Rezabek and Mr. Fisher were both present for this matter. Zoning Administrator Mabusth stated that she was using Mr. Fisher's survey for the presentation of this matter. Kelley asked if Mr. Rezabek agreed with the use of this survey. Mabusth visited the site in question to determine where the designated lot line was in conjunction with the locati. )n of the fence. It was established that the reason for the fence being located 1/2 foot to a foot on the Fisher property was due to a recent torrens action where the Courts determined the location of the shared lot line. Judicial markers have been placed, indicating the actual lot line. In so doing, it was determined that the Rezabek fence encroached on the Fisher property 12" on the west side and 6" on the east side. Mr. Rezabek explained the situation and stated that he would like the fence that was torn down restored or: his property and would like to move that portion of the fence still on Fisher property t(; his property. Mr. Kelley explained that the job of the Planning Commission is to approve cr deny the -variance to relocate the existing fence and allow that portion that was torr down to be instal led on Rezabek's side of the lot 1ine. Mr. Rezabek e. essed his displeasure with the City in that they did not inform him of tt need of a variance to mcve the fence. The existing Ordinance states tha Lhere cannot be a fence of any kind within 75' of the Lake. In light of Ordinance, Mr. Rezabek would only be permitted to install approximatE I' of the fence since that is the amount of property that does not lie w,-1. r the protected lakeshore setback area. Mr. Kelley a.-: :,-)r the hardship in this case. Mr. Rezabek stated that the hardship +!;at the fence existed at the time he purchased the 6 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1303 ALLAN REZABEK-CONTINUED property and was a factor in his decision to purchase the property. Mr. Fisher stated that when the judicial markers were placed it was the first time they realized that the fence was cn their property. The Fishers have just finished a remodeling project that added on a storage shed and garage that brought the driveway down along the property line. They spent a considerable amount of money for landscaping and feel that the fence detracts from that. Is is their opinion that the fence creates a safety hazard as it creates a blind intersection; All in all the fence is an eyesore and a safety hazard and should not be reinstalled. Mr. Rezabek stated that he is in the process of selling their house and they have had several reaitors and perspective buyers view the property. No one has indicated that they dislike the fence, to the contrary, they have had some compliments on the landscaping which was done to compliment the fence. He does not believe the fence is a safety issue. Commissioner Kelley asked Mr. Fisher as to his preference for the fence up or down. Mr. Fisher responded he would like it down. When asked he would be moving, Mr. Rezabek stated he would, if the house sells, and added he would like to sell the house with the fence. Commissioner Brown asked for clarification on the safety issue. It was moved by Mr. Cohen, seconded by Mr. Kelley, to deny the lakeshore setback variance application. Motion, Ayes=7, Nays=O, Motion passed. #1304 RICHARD BLOOMQUIST/RIC:K'S SUPER. VALU 3333 SHORELINE DRIVE VARIANCES PUBLIC HEARING The hffidavit of Publication and Certificate of Mailing were noted. The Applicant was not present for this matter. Kelley stated that the Planning Commission is looking to approve a strut setback for a pylon sign due to the County Road 15 construction. The additional right-of-way is being taken by the County. Kelley inquired as to whether there would be a guardrail between the road sign and the roadway. Mabusth replied that there is a 4' to 5' cement pathway and a boulevard about 4' to 5', all in all approximately 10' of improvements. There will also be a 1-1/2' curb that will borrIer the entire area and will take the overhang of the car bumpers. Kelley reiterated that 20' is the required setback for parking and the Applicant was requo sting 0'. Mabusth stated that has been a procedure to grant 10' street setback variances for parking in the Navarre area. It was moved by Johnson, seconded by Moos, to recommend approval of #1304 for a sign vaiiunce of 7' and a street setback of 20'. Mabusth added that if the Applicant. is planning on installing a new sign, he can only do so upon approval of the City. This lanquaqe was included in the Motion. Motion, Ayes=7, Nays-1, Motion passed. 7 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1305 WASHINGTON SCIENTIFIC, INC. 2605 WEST WAYZATA BOULEVARD CONDITIONAL USE PERMIT PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Mr. joe Pallansch, a representative of Washington Scientific, was present for this matter. Mr. Kelley asked Applicant about his opinion as to what the Watershed District wants to do. Mr. Pallansch referred to a letter from the Minnehaha Creek Watershed District and their concern about run-off rates increasing 4%. Zoning Administrator Mabusth stated that the City would work closely with the MCWD in determining the actual size of the pond required for run-off. Mr. Pallansch stated that he would really like to postpone this matter until further discussions took place. It was moved by Hanson, seconded by Cohen to table #1305, Washington Scientific, Inc., Conditional Use Permit. Motion, Ayes=7, Nays=O, Motion Carries. #1306 METRO WASTE CONTROL COMMISSION 3280/3286 NORTH SHORE DRIVE CONDITIONAL USE PERMIT/VARIANCES PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were not present for this matter but had requested that this matter be tabled until a later date when the requested subdivision application would also be reviewed. There were no comments from the public regarding this matter. It was moved by Kelley, seconded by Cohen, to table #1306 Metro Waste Control Commission Conditional Use Permit/Variances. Motion, Ayes=7, Nays=O, Motion passed. Johnson commented that he felt architectural controls were necessary and that noise, odor and landscaping would be additional issues needing attention. #1307 DIANE AND DOUGLAS "ERZ 3195 WATERTOWN ROAD VARIANCE PUBLIC HEARING The Affidavit of ''-ication and Certificate of Mailing were noted. Mr. and Mrs. Merz • re present for this matter. Gaffron explaine,i . it the Applicants are requesting a variance to side street setback i :der to construct a deck. There was a previous deck on the property. are proposing a deck that would wrap around the house. The property is approximately 1' from the house which is located about 20' fro-, e paved portion of Leaf Street on that side. There is a sidestreet • k requirement of 50' in this zone. He stated 8 MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 #1307 DOUGLAS AND DIANE MERZ-CONTINUED that the proposed deck will not have any negative effect on the neighboring properties. Mr. Cole Graham, a neighbor residing across the street from the Merz property, stated that it would be a shame to deny this request. There were no further comments from the public. Cohen reminded the Applicants that they will need to obtain the necessary building permits to comply with the plans. Kelley questioned whether there will be any difficulty in meeting the required 3' setback to the well. Applicants indicated there would be no problem. It was moved by Johnson, seconded by Kelley, to recommend approval of #1307, setback variance to construct a deck, in accordance with staff recommendations. Motion, Ayes=7, Nays=O, Motion passed. 11308 ROBERT OWENS ,700 BOHNS POINT ROAD VARIANCE PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present for this matter. Gaf.fron stated that this was an after -the -fact application to reconstruct a deck. There was significant damage to Applicants' property due to the July 23, 1987 storm. Mr. and Mrs. Owens contracted to have the damage repaired. It was necessary to remove the stairway from the existing deck in order to allow equipment get by the house. When the stairs were removed, it was discovered that the deck was infested with carpenter ants, resulting in the deterioration of the structure making replacement necessary. Even though there is no change in the amount of hardcover, the variance is needed because the pre-existing structural deck hardcover has been entirely removed. There were no public comments. Applicant stated that their contractor built the replacement deck while they were on vacation. The contractor applied for the necessary permits to do all of the other storm damage repair, but failed to obtain a permit for the deck. Applicant stated that in doing the repair to the lakeshore, there wis a fieldstone patio on the waterline that has been removed, reducing the overall hardcover in the 0'- 75' zone. Tlt ..Qo moved by Hanson, and seconded by Moos, to recommend approval of the hardcover variance, per staff recommendations and obtaining a permit. Motion, Ayes=7, Nays=O, Motion passed. ZONING AMENDMENT - SIGNAGE PUBLIC HEARING 9:00 P.M. TO 9:15 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The concerns regarding signage pertains to the type of signs that are 9 MINUTES OF THE PLANNING COMMISSION MEETING BELD JULY 18, 1988 ZONING AMENDMENT-SIGNAGE - CONTINUED allowed in residential areas and the amount of time "temporary" signs may be displayed. The problem signs are those that are allowed by Conditional Use Permits on public right-of-ways, together with signs in residential areas in locations being utilized commercially. The ultimate purpose of the Ordinance is to eliminate ongoing temporary signs. Applicants can presently let their permit lapse and then apply to renew again and again. Johnson asked whether this affected garage sale signs. Mabusth stated that it would if those signs were located In a right-of-way. The recommendation is to add language to the existing signage Ordinance, sub -paragraph A stating that no conditional use permit will be issu-A by the Council if such a permit or temporary permit has been issued in the previous 24 months. Mr. John Hollander asked about enforcing ordinance and whether public right-of-way pertained to County Roads or Orono City Roads. Kelley responded by saying public right-of-way means County, City, State, Federal. Mabusth stated that illegal signs on County Roads would be picked up by the County, etc. The second amendment pertains to sub -paragraph H. It is recommended that additional language be adopted stating that the City will not issue a temporary sign permit if a conditional use permit under sub -paragraph A or a temporary sign permit under this sub -paragraph had been issued in the previous 24 months and that no such signs be allowed in residential zones. Hanson questioned why the City was making unenforceable changes to the Ordinances. Gaffron noted that the only change to the current code provisions is that the specific signs that are regulated under the current permit requirements could not be renewed indefinitely. It was moved by Johnson, seconded by Moos, to recommend adoption of the Ordinance amendment to 10.61 sub -division lA and 1H. Motion, Ayes=7, NaYs-0, Motion passed. ZONING AMENDMENT - FENCES PUBLIC HEARING This pertains to language regarding an ordinance to amend the fence height regulations and clarify the wording of the non -encroachment section of the zoning code. Mabusth explained that the revision to subdivision 15(A) would eliminate overhangs in a substandard side yard or rear yard. If a structure meets the required setback or yard requirement then this would be applicable. Cohen stated that the proposed ordinance language was not written very clearly. He interpreted this change to say that one can no longer aggravate an existing condition. Gaffron said the next change would involve the off-street parking non - encroachment which was a separate issue and will now be made into sub- paragraph A. Sub -paragraph C, name -plate sigr►s for one family dwellings was listed along with the ordinance pertaining to lights. Lights should be 10 MIWUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 ZONING AMENDMENT -FENCES - CONTINUED in a separate paragraph and ir made into sub -paragraph D. Sub -paragraph E pertains to fences. The present language allows for a platform structure to be built in any yard no higher than the ground floor level of the house and extend to within 2 feet of the lot line. This conflicts with most new platted lots that have a 5 foot or 10 foot easement for drainage and utilities. It was suggested by Planning Commission that the revision state 10 feet, rather than 5. Sub -paragraph F is rearranging the original language and adding the phrase "except as regulated hereinafter". Sub -paragraph G has additional language pertaining to accessory structures and rr-re specific requirements as to fence height limitations for lakeshore property. There was discussion among the Planning Commission members regarding some specific fencing situations in Orono. Gaf.fron went on to explain that the term "major thoroughfare", referred to in paragraph G, will be defined as County roads and MSA funded roads such as North Brown Road, South Brown Road, Old Crystal Bay, Willow, and sections of Watertown. Gaffron also pointed out the changes being made to the criteria for fences in realtion to the average lakeshore setback in sub -paragraph I. Sub -paragraph J is dLsigned to provide performance standards for rail fences. Kelley stated that rail fences are acceptable in his opinion because they are generally used in a decorative manner and still allow for the openness. Mr. John Hollander suggested that the language "erlsting fences are in conformity with this Ordinance" to avoid problems arising from properties that will no longer meet t:je new specifications. Kelley recommended that staff come back with the suggested changes. This matter was tabled until the August 15, 1988, meeting. ADDITIONAL ITEMS: SKETCH PLAN REVIEW-BIKE/HIRE TRAILS Mr. Bob Kost presented the Park Commission's proposal to revive the old bike/hike trail. Citizens of Orono have expressed interest in having such a trail. The Park Commissioners did an inventory of the City last fall which indica*-ed existing problem areas due to a lack of a bike trail. The largest prob1cm is bikers on Highway 15. However, due to the expensive private lakeshore property and the limited topography in that area, it is not feasible to piccpare a bike/hike trail for that corridor. In light of that, the Park C-missioners looked for alternative routes that would safely get peopl, through and around Orono while allowing for some scenic views of the Lal ^. Johnson asked about North Shore Drive. Mr. Kost responded that th e are some areas there that were not ideal. Hp felt the greatest need wa: :> get from the business district of Navarre up to Long Lake, circumnav; ating the City. In areas where there is difficult :opography or liw -ed access, there would be the need to look at extending the shoulder of t road. Hanson asked whether the Park Commissioners had looked at a recc: ndation toward building a separate, paved bike/hike trail, similar t( at is in Eden Prairie. Mr. Kost said that had not yet been dort, but th, f they were to do so, the trail would most likely run MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1988 BIKE/HIKE TRAIL - CONTINUED along Highway 12 and Highway 6 and connect up. to Baker Park. Hanson would recommend that they look at choosing a primary trail, "The Orono Bike/Hike Trail". Mr. Kost believes it will be necessary to get some public opinion on this matter. Perhaps the Planning Commission and the Park Commission could have a joint meeting, or perhaps the Planning Commission could handle it. The Park Commission does not feel they should decide where the primary bike/hike routes should be located. Cohen does not believe the Planning Commission has the authority. Brown does not believe that portioning off a section of road and calling it a bike trail is a safe solution. Kelley said that he sees more bikers on Fox Street than any other Street. Believes that would be a prime corridor to upgrade for the bike trail. The Luce Line was discussed as a possibility. Mr. Kost said that the proposed trail would be a project that the Park Commissioners would work on over the winter months. They want to keep the City apprised and will try to get a pi;n to present to the citizens of Orono. They will then resubmit the plan to the Planning Commission and ask them to make a recommendation to the Council. Kelley stated that there should be a focus on the school area. Mr. Kost thought this would work into the Highway 12 Corridor Study since the zoning ordinances are coming up for review. If the Park Commission could have a plan it tact to present, they could perhaps get a separated trail on the north side of Highway 12 from the School into Long Lake. Kelley suggested that the north/south trail be Old Crystal Bay Road. 'hey have had specific requests concerning a trail to Baker Park. Everyone agreed that this would be a great idea. PPROVAL OF MINUTES It was moved by Cohen, seconded by Hanson, to approve the Minutes of the June 20, 1988 Planning Commission meeting as submitted. Motion, Ayes=7, Nays=C. PLANNING COMMISSION REPRESENTATIVE Charles Kelley was appointed to attend the August 8, 1988 Council meeting. ADJOURNMENT 9:50 P.M. The Planning Commission meeting adjourned at 9:50 P.M. 12 mi LEN HARRELL Chief of Police Chief Mel Kilbo Orono Police Department P.O. Box 86 Crystal Bay, MN 55323 ,*(a Dear Chie bo: MOUND POLICE 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544.9511 EMERGENCY 911 August 12, 1988 Thank you for the assistance of Officer Schuss at our burglary in progress at the Harrison Bay Union 76. Officer Schauss responded, on August 11. 1938, to help Mound officers who had observed a male suspect enter the service station at approximately 0330 hrs. Officer Schauss assisted in maintaining a perimeter and the suspect was arrested while inside the building. The cooperation of your department and Officer Schauss is greatly appreciated. Sincerely, Len Harrell, Chief Mound Police Department LH/sh