Loading...
HomeMy WebLinkAbout11-14-1988 Council PacketPUBLIC ATTENDANCE CITY OF ORONO MEETING DATE PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME OR NUMBER NAME (please print) ADDRESS PRESENT FOR (from agenda) 2. 3. Irr L j ( 17 4: 4 WICtIN 9. 9. '0. .1. .2. 3. 4. 5. 6. 7. e. 9. 0. A FINA$L AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 14, 1988, 7:O9 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one :notion 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 maybe obtained upon request from the Recorder. ROLL CALL 1.. CONSENT AGENDA* 1 APPROVAL OF MINUTES * 2. Regular Meeting of October 10, 1988 * 3. Regular Meeting of October 24, 1988 PARR COMMISSION COMMENTS 4. Park Survey PLANNING COMMISSION COMMENTS - Edward Cohen Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT "APPLICANTS" Immediately after the Council has reviewed your application please sign the three (3) original resolution copies. * 5. #1218 Estate of Rut'.-i Smith, 387 Orono Orchard Road - Final Subdivision - Resolution 6. * 7. #1323 Jon W. Papas, 3369 Crystal Bay Road - Variance - Denial Resolution 8. #1329 Thomas McNellis, 355 Woodhill Road - Variance 9. #1339 David Lee, 2695 Casco Point Road - Conditional Use Permit/ Variance - Resolution 10. #1347 Michael Halley Homes, Inc., 2715 Pence Lane - Variance - Resolution MAYOR'S REPORT * 11. Orono/Long Lake Discussions CITY ADMINISTRATOR'S REPORT 12. Liquor License Renewals 13. County Road 51 14. 15. 16. Administrative Action 17. Appointment of Auditor for 1988 18. Hazardous Building Proceedings - 4545 Watertown Road - Resolution 19. Proposed Ordinance Amendment - Dog License 29. 21. Driveway Permit - 490 Old Long Lake Road *22. Westonka Senior Citizen's Foundation - Resolution 23. Dangerous Weapons Ordinance Amendment 24. Resignation Officer Michael Kirnyczuk - Resolution AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 14, 1988, 7:99 P.M. CITY ADMINISTRATOR'S REPORT Continued *25. Salary Adjustment - Officer Charles Schauss *26. Flashing Warning Lights - Willow & Highway 12 - Resolution *27. Administrator's Information Crystal Bay Road Woodhill Road County Road 15 Orono/Minnetonka Beach Interceptor 1950 Shoreline Drive Big Island Vets Camp Cross Walk Petition/Cty-MTC Response Sculpture Unveiling - Livingston Tower Park Goal Setting Status CITY ATTORMY'S REPORT LICENSES (28*) SILLS (29*) ADJOURNMENT MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 10, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Nettles, Goetten and Callahan; Councilmember Peterson was absent. The following represented the City staff: City Administrator Bernhardson, Building i Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, Building Inspector Jacobs, City Planning Consultant Shardlow, City Recorder Scheffler and City Attorney Barrett. PUBLIC HEARING 7:02 P.M. - 7:04 P.M. SPECIAL ASSESSMENT 1929 eagerness Point Road 3960 Sixth Avenue North The Affidavit of Publication and Certificate of Mailing were duly noted. City Administrator Bernhardson explained that there were hazardous building proceedings that involved both of these properties. The cost to be assessed to 1929 Fagerness Point Road is $4,800.00. This amount resulted from not only the necessary legal fees involved, but also the costs for actual removal of the structure. The $1,500.00 costs for 3960 Sixth Avenue North were primarily legal fees. The owners of these properties were not present for this public hearing. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Councilmember Callahan, seconded by Councilmember Nettles to assess the properties at the addresses mentioned above with special assessments as set forth in Resolution #2523. Motion, Ayes-4, Nays-0, Motion passed. CONSENT AG MDA* City Administrator Bernhardson requested the removal of Consent Item #30. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Consent Agenda with the exception of Item #30, which was omitted. Motion, Ayes=4, Nays-0, Motion passed. APPPROVAL OF MINUTES* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the Mintues of the September 28, 1988 Regular Council Meeting. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 PUBLIC COMMENTS City Administrator Bernhardson explained that Mr. Butch Loomis had submitted a Petition regarding safety for the 1 1/2 mile section of Highway 12 between the Luce Line and downtown Long Lake. Mayor Grabek accepted the Petition. There were no further public comments. ZONING ADMINISTRATOR'S REPORT: BIG9MAY 12 ZONING AMENDMENT City Administrator Bernhardson gave a brief introduction of this matter. When Orono had adopted the Comprehensive Plan amendment, Mr. Shardlow was hired to develop an ordinance to implement that plan. The initial proposal was presented to the Planning Commission in June. The Planning Commission heard the matter at a special meeting on August 17, 1988, and forwarded it on to the Council. Mr. Shardlow was going to present a revised proposal and introduction to the Councilmembers and Mayor Grabek and hoped to receive some feedback. This matter would be tabled and action would be taken at either the October 24th or November 14th Council Meeting. Mr. Shardlow stated that there were three items he would be addressing. The first was a set of special requirements for rezoning in the Highway 12 Corridor. These would correspond with the minimum standards to achieve zoning that are set forth in the Comprehensive Plan itself. There are some over-riding issues such as sanitary sewer, the need to correspond to the overall transporation plan for that area and concerns regarding the quality of development. The first ordinance provides more details in accordance with the Plan as follows: A. Minimum area is the first item addressed in the proposed ordinance. This sets forth a minimum of 5 acres that would be required in order to apply for rezoning. B. Access and circulation plan which requires that no matter what the size or shape of the area, there must be information provided that demonstrates that the proposal will tie into the Corridor and overall traffic objectives. C. Sanitary sewer availability is a key point and the applicants would need to demonstrate that they have adequate capacity availability now or a future plan that is feasible to the City to serve the subject property. D. Storm water manaSement addresses the issue of water quality and requires the applicant to submit detailed site drainage plans to show that runoff and storm water ponding will be handled in accordance with the City's standards. E. Available Zoning Districts that can be applied for are 2 r:INUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 ZONING AMENDMENT CONTINUED identified in this section. They are as follows: HC-Highway Commercial District PRD-Planned Residential Development R1A-One Family Residential District R1B-One Family Residential District M6-Multiple Family Planned Residential District Also available within the Corridor will be the new PUD District which will be a floating district that anyone could apply for anywhere within the community. F. Building Design and Construction addresses the building standards within the Corridor. It requires that all additions to buildings, outbuildings and accessory structures, retaining walls, etc., will all be constructed of the same type of high quality material. G. Requirement of Development Agreement. This section states that any application for rezoning will have to be subject to a development agreement between the City of Orono and the applicant. The development agreement would address such issues as sanitary sewer, timing of construction, etc. The next section Mr. Shardlow outlined was the B-6 Highway Commercial District. This zoning district was created was because of the need to tailor a zoning district specifically to the commercial alternatives adopted by the City for Highway 12. The Planning Commission reviewed Mr. Shardlow's list of proposed commercial uses for the Highway 12 Corridor. They indicated that they would like to limit the permitted uses with the understanding that if there was an application for a use not expressly permitted that an application could be submitted under the Planned Unit Development process (PUD). This would enhance the City's discretion and review of such proposals. The permitted uses are as follows: 1. Offices (Business and Professional) 2. Banks and financial institutions 3. Libraries 4. Motels and hotels 5. Class I Restaurants This section clearly outlines the relationship between the B-6 Highway Commercial District and the PUD District. Subdivision 4 allows for the application of commercial uses that are in keeping with the Comprehensive Plan, but the City would regulate the application for those uses through the PUD process. Councilmember Nettles asked whether the review process for the PUD would be the same as if an application were submitted for a use permitted within the district? Mr. Shardlow stated that MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 ZONING ANENDMENT CONTINUED there would be an application for a use that was consistent with the Comprehensive Plan, but a rezoning process would still be necessary. It would be difficult to deny a use that was allowed by the Comprehensive Plan. The review process would focus on aesthetics, the quality of the development, traffic and other performance standards. If application were made for a use that was shown as a permitted alternative, it would be a request for a rezoning for a use that is consistent with the Comprehensive Plan. Nettles then asked whether the Council could deny such an application, even though the proposed use was permissable under the zoning plan for other districts other than the B-6 Zone? Shardlow replied that if the Council were not comfortable with allowing certain uses within certain areas, then the Comprehensive Plan should be changed accordingly. The Planning Commission had previously indicted that their concern was not use as much as quality. Shardlow had suggested placing performance standards within the B-6 District over and above those in the other zoning districts. In addition, the PUD gives the City the opportunity to enter into making a design framework manual, and specific covenants part of the official approval. However, land use should not be a basis for denial. City Attorney Barrett stated that should there be any changes to the ordinance that would now allow any subsequent zoning to defy the Comprehensive Plan so that it would not control the zoning under the statutes, that may give the Council more discretion in the zoning process. However, the list of uses is very narrow and distinguishing that list from slightly different uses would not be easy and the idea that there is a distinction which would require a different level of review would be difficult. Nettles suggested that since the Highway 12 Corridor is such an important issue, that perhaps some criteria should be established as to how uses would be diffentiated from the City of Orono as a whole to the Highway 12 Corr°dor. The ordinance sets forth the specific performance standards such as lot area, lot widths, setbacks, etc. Lot area has been a topic highly discussed. Some of the proposed uses may not require 2 acres of land. The Planning Commission indicated that they wanted tc leave the minimum lot area at 2 acres with the understanding that should there he application for a series of uses, some of which would sit on smaller lots, they could apply through the PUD. The PUD would help in providing an overall consistency for such applications. The PUD would allow for flexibility in the performance standards as long as the applicant could show the advantages of such flexibility. The ordinance also addresses the issue of drainage and requires that site and drainage plans be submitted with an application. It places a height limitation of 35' except through the issuance of a conditional use permit. There would be a requirement that a minimum of 25% of the lot area and at least 3% 2 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHKAZ 12 ZONING AMENDMENT CONTINUED of the land area within a parking area be landscaped. That section of the ordinance sets forth minimum sizes of landscape materials at the time of planting. Section I provides direction with regard to trash and trash handling equipment. Any accessory structures must be of similar type, quality and appearance as the principal structure. The ordinance would require that the ground level view of all mechanical utilities and external loading and service areas be screened, and that automobile headlights and other sources be screened whenever it may directed onto adjacent residential windows. The final ordinance is the Planned Unit Development (P, Ordinance. The PUD would be a floating district that would b(: available for application anywhere throughout Orono. The PU'? would provide for flexibility in the development standards. The current process for handling nonconforming applications is through the granting of a variance, which requires determination of a hardship. The PUD would encourage innovation of building designs and would provide some incentives to the developer, who in turn could offer increased amenities to the community. It would also allow for negotiations throughout the development process, and would give the City more stringent or detailed controls where it may be necessary to do so. The PUD allows for mixed use development and would allow a developer to apply for virtually any use. When an application was received, the zoning district within the current ordinance that most nearly parallels the use applied for would provide the basic performance standards. If the application proposed a variance from those standards, the developer would need to show why it would be advantageous to the community and the project to proceed as he requested. The City would then have the oportunity to weigh the variance of his proposal. There would be a great deal of flexibility given to the City in terms of required standards. The PUD would be reviewed and coordinated with the subdivision regulations. There are three stages in the PUD process as follows: 1. Sketch Plan Review. Before a great deal of time and money is spent on behalf of the applicant, there would be an initial consulation with the City Staff. This meeting would provide the developer/builder with an idea as to the City's concerns about development in a particular area. The applicant would then go before the Planning Commission and Council with a sketch plan. The Planning Commission and Council would give the applicant some positive or negative feedback and some direction as to how development should take place. 2. Concept Approval. It would be at this stage that the rezoning and planning and development would occur.. Concept approval corresponds with preliminary plat approval. By the time 5 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHKA? ] 2 ZONING AMENDKENT CONTINUED concept :approval is given, the planning and development zoning would have already been granted. The density would have been established. once the applicant has achieved concept approval, they would then obtain their final plat, engineering, architect, civil Engineering drawings, etc. When the applicant comes back for final approval of the Planned Unit Development, that would be the time they would submit their performance bond and detailed engineering drawings. It would be during this concept stage that the City's approval or non -approval would be determined. Mayor Grabek asked how the PUD process varied from the current process. Zoning Administrator Mabusth explained that the current process was as specifically detailed in stages. The current review process does not allow as much flexibility. The PUD would provide for more staff input, Currently there %re very limited meetings or exchanges that occur between the a;-- ,)licant and staff before the matter is heard by the Planning C•:r-raission. Sharadlow stated that providing concerns, ideas and criticism will allow the applicant to more efficiently develop a concept plan. If the applicant prepares a good concept plan, there should be enough information presented to decide whether to approve the application at that point. Mayor Grabek asked if the PUD would replace the PRD? Mr. Shardlow stated that there was no intent for the PUD to be a substitute to the PRD. However, the PUD does perform everything the PRD would, plus some ad3itional functions. Mabusth also asked for clarification as to whether the Planned Residential Development would be the same as the PUD, or would the PRD format be allowed as well? City Administrator Bernhardson stated that the City would need to decide whether they would repeal the PRD or not. Grabek asked whether the PRD served the same purpose as the PUD? Bernhardson replied not necessarily. There is not as much flexibility or input in a PRD. Shardlow explained that the PRD allowed for some flexibility in density and prcvides for an official acceptance or approval of private open space. A PUD would allow for those functions in addition to others. Mayor Grabek requested a comparison and suggestions as to whether both the PRD and PUD would need to exist. The revision and changing aspect of the PUD process has yet to be addressed. The Planning Commission is not satisfied with the current language proposed. There is general acceptance of the idea that there be room for minor administrative changes without the need to go back through the entire process. The current language says that minor changes in the location, placement and height of structures may be authorized by the Development Review Committee. The Development Review Committee will be defined by ordinance as the City Administrator, Zoning Administrator and/or other persons as depicted by the City Administrator. Shardlow said if this provision were not included, the City would be operating in violation of the City's 6 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 LOANING AlENIDMENT ordinance. The intent of this provision would be to allow for changes that would not impact the area or performance standards. Councilmember Callahan inquired as to whether the PUD would take the place of the existing zoning districts within the City. Shardlow clarified that the PUD would be available throughout the City. Subdivision 2 spells out that any change in use or rearrangement of lots or building tracts, can only be approved by a public hearing conducted by the City Council. The purpose of this is that the final development plans would be recorded and would become the zoning guideline that would run with the land. There would be a performance guarantee provided and a performance bond or letter of credit shall be required of the developer. The Council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a four -fifths vote of the entire Council. Callahan stated that in essence this would be "spot zoning". Councilmember Nettles asked whether there was minimum acreage that would be required in order for a PUD to be used. Councilmember Callahan stated that 5-acre minimum was proposed. Mayor Grabek asked what would happen to a 5-acre lot. Shardlow stated that instead of having an application that would subdivide the parcel one lot at a time, there would be the need to have a development plan for the entire parcel. Grabek stated that the current zoning ordinances allow only one structure on a 5-acre parcel. Shardlow stated that the PUD would allow someone to apply for a commercial use in x 5-acre residential area. The Council could approve or not approve the application based upon its merits. Mayor Grabek asked why that type of flexibility was advantageous? Shardlow stated that one of the advantages would be the opportunity to design development in accordance with the land as opposed to having an arbitrary set of standards to every piece of property. Mayor Grabek expressed his concern of a City Council being able to allow commercial development in residential areas with only a 4/5ths vote. Shardlow stated that currently that could be done. Mayor Grabek asked why the 5-acre minimum was necessary? Shardlow stated that the 5-acres was intended to assure that there would be enough land to provide for 3n integrated plan. He added that the PUD would enhance the discretion of the City. It would allow the City to regulate and discuss aspects of development which are beyond the basi- requirements of the typical zoning ordinance. Shardlow st, •d that the City could draft a design framework manual as a pa;, of the PUD that would regulate the building materials used within a building development. Grabek asked to what percentage of available land in Orono would the PUD apply. Mabusth replied that the Navarre area and all along Highway 12 would apply. Shardlow stated that the PUD could be used for redevelopment, not only initial development of do area. 7 KINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 ZONING AMENDMENT CONTINUED Councilmember Goetten asked whether the purpose of the 5- acre minimum was to specifically prevent development unless 5 acres were available to do so? Shardlow responded that the purpose of the 5-acre was to achieve a more comprehensive development of any area as opposed to a bodge-podge of 1-acre developments. It would defeat the purpose of the PUD if only a 1-acre minimum was required. City Administrator Bernhardson added that the PUD could apply in any zoning district whether it be 2-acre, 1/2-acre, etc. It is expected that there would be few applications within the 2 and 5 acre zones unless the proposal involved clustering the development as in a PRD applicaticir.. The 5-acre zone has no density significance with regard to the PUD. The only requirement for the PUD is that there be a minimum 5- acre assemblage of property. One reason the possibility of a 10- acre minimum was discussed was because the overall PUD development would need to have a plan for storm water, sewer, water, etc. Shardlow interjected that the 5-acre PUD would require the developer to provide enough information to demonstrate that those sauce objectives could be accomplished. Zoning Administrator Mabusth inquired as to whether the PUD would be a valuable tool for the development of Navarre? Shardlow answered affirmatively. Mayor Grabek asked Shardlow for the worst and best scenario involved in a hypothetical situation involving a PUD application wherein several 1 or 2 acre residential lot were joined to meet the 5-acre minimum. Shardlow stated that a bad use of the PUD would be excessive density on one piece of property where it was inconsistent with the overall area. Shardlow said that could be avoided by the Council not approving such a plan. City Administrator Bernhardson stated that not passing the PUD now would not disallow a future council body from rezoning an area. Councilmember Goetten stated that the current ordinances would not allow such a plan to be approved. Callahan added that there would be a less likely occurrence of such rezoning of property if the PUD was not permitted. Shardlow stated that a good use of the PUD would be in the clustering of a development on the land where it was best suited. Mayor Grabek asked if such a plan would constitute a PRD? Shardlow stated that the PUD could allow some increase in density. Councilmember Goetten asked if there would still be credits for wetlands, etc.? Zoning Administrator Mabusth stated that would apply if the property were sewered. The current PRD ordinance does not give density credits, only the LR-lC1 district provides for density credits. The PUL allows for better development. Goetten stated the PUD would wake it easier to deal with the wetlands, ponding areas and soil conditions found in Orono. Mr. Shardlow stated that the PUD proposal came about because the Planning Commission wanted development controls put in the B-6 District. Shardlow did not believe that would be consistent with the limits of the City's authority. The Planning 1.1 MINUTE: OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 ZONING AMENDMENT Commission wanted to guarantee quality and consistency. The PUD would allow that to happen. Mayor Grabek asked why a PRD would not take care of that? Shardlow stated that a PRD only deals with the density issue. Mayor Grabek stated that he understood the need to focus development in a certain area to benefit not only the lend, but the surrounding area. However, in his opinion, a PUD would give the City the ability to control the density. The PRD would allow the clustering of a development for the purpose of preserving wetlands or other unique geographical conditions. Councilmember Callahan stated that the PUD would allow for a gas station/grocery store on one acre and an apartment complex on another acre, with a commercial office building. Mayor Grabek stated that he understood the aspect of density, however, he did not see where there would be controls or restrictions. Shardlow stated that the PRD would only apply to residential property. A PUD would apply to all types of property. The idea of the PUD was to require an applicant for rezoning along the Highway 12 Corridor to present their design framework Manual so that all buildings and landscaping would meet certain standards prior to approval. It would enhance the discretion that the City would have for prior to approval. Councilmember Goetten inquired as to whether there would be any "loopholes" that would enable an undesireable development within tho Orono Community if the PUD were allowed. Shardlow stated th«t this ord_ nance would provide the City with a process that would allow more guarantees and controls before development begins. M.yor Grabek asked why that could not be done without a PUD? City Administrator Bernhardson explained that the PRD is very limited in that it applies mainly to density. Th�-r•e are PID's, PCD' 3 and other such zoning designations in other C* i ties that provid detailed controls for development. The PUD cor._nes the controls of all those zoning districts and eliminate:; the need to have more than one. The current PRD is rot that extensive. The PUD also allows for a mixed use development where residentia' development could be integrated with office buildings and other corms of commercial development. Mayor Grabek asked whether the PUD could be designated for use only within certain areas of Orono, such as Navarre and the Highway 12 Corridor> Shardlow stated that conceptually he would see no reason why such limitations could not be established. Bernhardson suggested that a PUP in the 2 and 5 acre zones not be allowed to increase the density credit. The other sewered areas could be considered if allowing an increase in density credit were desired. The primary purpose of the PUD is not to allow increased density, but rather to allow better use and control. Councilmember Nettles inquired as to whether Orono could legislate the types of uses it would allow or disallow for a PUD. Councilmember Callahan stated that he favored the idea of 9 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 HIGHWAY 12 ZONING AMENDMENT CONTINUED flexibility of setting standards for the PUD, but who would set those standards. Shardlow said that the standards would be set through the PUD process. The developer would proposes the Planned Unit Development and specific details would be ironed out by the review and approval process. Shardlnw continued to explain that whatever use was applied for, all of the standards in the zoning district that most closely alines with the use applied for would be the base standards that would apply. All of the present zoning standards would still exist, the PUD process would enhance those standards. Mayor Grabek stated that he needed more review time to review all the ramifications of the PUD. He thanked Mr. Shardlow for his input. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this matter at least until the October 24, 1988 Meeting. Motion, Ayes=4, Nays=0, Motion passed. #1305 WASHINGTON SCIENTIFIC INDUSTRIES 2605 WAYZATA BLVD CONDITIONAi OSE PERMIT RESOLUTION #2509 Mr. Joe Pallansch, a represenative from Washington Scientific Industries, was present for this matter. City Administrator Bernhardson briefly outlined this application as being a request for an on -site storage pond to accomodate the drainage from the new addition. The storage site has been approved by the M.C.W.D. There would be the need for grading the soils along the west side of the property. Some of this soil was contaminated and has been placed along the side of the property. Handling of these soils will be covered under a separate application. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2509. Motion, Ayes=4, Nays=0, Motion passed. #1340 WASHINGTON SCIENTIFIC INDUSTRIES 2605 WAYZATA BLVD. CONDITIONAL USE PERMIT - FIRST PHASE RESOLUTION #2510 City Administrator Bernhardson explained that this application was for the purpose of dealing with the contaminated soils that were found on the property. Mayor Grabek asked how long ago? Bernhardson replied approximately one year ago. Washington Scientific promptly notified the Minnesota Pollution Control Agency of the contaminated soils. However, the P.C.A. did not inform the City of Orono of this problem. The solution for ridding the area of this contaminated soil 10 MINUTRS OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1340 WASHINGTON SCIENTIFIC INDUSTRIES CONTtNUSD involves two phases. The first phase would entail the digging of a 24' deep trench through the contaminated area and underlying it with tile. It would then be backfilled with appropriate materials and would then underta%e pumping of that area with treatment of the waters for contamination. The water would go into the sanitary sewer. The second phase would involve treating the contaminated soil that remains above ground. The process of "airstripping" would be used which involves treating the soil by thin spreading it to allow evaporation of the organic solvent. zoning Administrator Mabusth stated that she had asked the P.C.A. why they had not apprised the City of Orono of this matter. Their response was that due to the cooperation and openess on the part of Washington Scientific, they had not felt it necessary to follow the forma] permit process. However, they will keep the City updated from here on out. Councilmember Goetten stat:3 that she had always felt that Washington Scientific had been straightforward in dealing with the City. She wanted assurance that the method of treating the contaminated soil would not pose any problems. Councilmember Nettles asked what the chemical was that they discovered in the soil. Mr. Pallansch stated that it was in the same family as drycleaning solvent. Nettles asked if it would leave any residue? Mr. Pallansch responded negatively. Goetten asked about the size of the area? Mabusth responded that it was approximately 1/2 to 3/4 of an acre. The trench will be 200' long 20' wide and 24'deep. Goetten asked whether the City would oversee the process? Mabusth stated that the City would be part of the monitoring process. The engineering fir+:. representing Washington Scientific would be responsible for keeping the City informed on a regular basis. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution #2510. Motion, Ayes=4, Nays=0, Motion passed. #1306 METRO WASTE CONTROL COMMISSION 3280 NORTH SHORE DRIVE CONDITIONAL USE PERMIT RESOLUTION #2511 City Administrator Bernhardson explained that this item involved the application for a conditional use permit and variances for construction of a lift station. The proposed structure has been revised to have a residential appearance as opposed to a utility building. It will contain the underground piping, together with the pumps and an emergency generator. The generator would only be activated in the case of a outage or for the purpose of testing which will occur once a %eek for 20 minutes to half an hour. 11 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1306 METRO WASTE CONTROL CONTINUED It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2511. Motion, Ayes-4, Nays=0, Motion passed. #1331 METRO WASTE CONTROL COMMISSION 3280 WORTH SHORE DRIVE PRELIMINARY SUBDIVISION RESOLUTION #2512 City Administrator Bernhardson explained that this application was for the purpose of dividing off a portion of an existing lot. The existing lot does currently have two residential units. One unit will be removed and replaced with the lift station. There would be an outlot of approximately 3,000 s.f. designated in an area where 21,000 is normally required. However, the outlot would be for utility purposes rather than residential purposes. Mayor Grabek asked if there were any concerned parties. Zoning Administrator Mabusth stated that the gentleman renting the house on Lot 1 of the subdivision had indicated that he had no problem with the proposal. It was moved by Counci lmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2512. Motion, Ayes=4, Nays-0, Motion passed. #1321 TOM HAISLRT 950 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION RESOLUTION #2513 The applicant, Tom Haislet, was present for this matter. Ms. Lucy Taylor, a member of the School Board, Mr. Bill Fenholdt, School District Administration, and Mr. Tony Leung, Attorney for the School District were also present. City Administrator Bernhardson outlined this matter for the Councilmembers and Mayor Grabek. Mr. Haislet was representing the School District in their purchase of property located at the southeast corner of County Road 6 and Old Crystal Bay Road, opposite the High School. Because of the School District requirements pertaining to land acquisitions, they are only buying the parcel a quarter at a time. This method of acquisition required a four lot subdivision and because there are four lots, a road outlot is required and has been designated. The City of Orono will take underlying road and utility easements, just as the City would do with any private road. Once the School District has purchased the property within the 11-year time period, the City would vacate the easement. This application is at the premliminary subdivision stage and there will be an agreement drafted by the City Attorney and Mr. Tony Leung, the Attorney for the School District. 12 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1321 TOM BAISLET CONTINUED Zoning Administrator Mabusth reported that the applicant had reviewed the 8 concerns set forth in her memo that needed to be included in the agreement. Items 3, 6 and 7 will be futher defined and worked on by the City Attorney and Mr. Leung with staff 'a input. With regard to Item #2, Mabusth presented two possible schemes of development of the eastern parcel. The problem is the possibility of a developer coming in to the east who will be expected to address a future road connection to the proposed road outlot within the current development. The City will be obligated to inform such a developer of that agreement with the School Board. Mr. Leung stated that the reason he had asked Ms. Mabusth to make that clarification was to verify the fact that the School District would not be obligated to develop the road. There cannot be a road running through the School's property for many reasons, but mainly due to safety. Mayor Grabek stated that the agreement would protect both the City and School District. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution #2513. Councilmember Callahan inquired about the park and road fees required with all subdivision applications. Zoning Administrator Mabusth stated that the Planning Commission had overlooked the fees in their attempt to resolve all of the aspects of this application. Mabusth interpreted the Planning Commission's intentions would be not to charge the School District for those fees. There was no further discussion. Motion, Ayes=4, Nays=0, Motion passed. #1324 MR. AND MRS. WILLIAM GREGORY 1099 TAMARACK DRIVE CONDITIONAL USE PERMIT RESOLUTION #241.4 Mr. Clifford Reep, from Minnetonka Portable Dredging was present on behalf of the applicants. City Administrator Bernhardson explained that the applicants were seeking a conditional use permit to excavate an existing wetland to create a wildlife pond. A 1 1 of the dredging or grading that would be done would be retained on the property. Even though the wetlands are being enlarged and deepened, there wi 111 be no increase in the ponding area. Because of the configuration, it will lessen the storm ponding area by 9%. When dealing with ponding, it is the outlet that determines the amount of storage, not the depth of the pond. The ponding area would still have capacity to handle the 100-year storm. Mayor Grabek asked whether this would disturb the wetland area? Bernhardson replied that it would be disturbing the wetlands, but the applicants have received approval from the 13 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1324 WILLIAM GREGORY CONTINUED Watershed District. Garbek asked if this was the same application that had been reviewed 4 years ago? Bernhardson replied that it was the same applicants, but a different location. Mayor Grabek asked if the other pond was ever excavated? Zoning Administrator Mabusth responded that the Gregorys had built one of the two other ponds. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to accept the conditional use permit, Resolution #2514. Councilmember Callahan inquired about future development of any additional ponds. Mr. Reep stated that he did not know of any future plans. There were no further comments. Motion, Ayes=4, Nays-0, Motion passed. #1325 LAKEVIEW GOLF OF ORONO 405 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #2515 City Administrator Bernhardson explained that this application involved after -the -fact approval of maintenance of two ditches and creation of a pond that was done in 1985, as well as approving the current application to construct 3 new ponds and relocate a tee box. There was some confusion on behalf of the applicant with regard to the after -the -fact approval for the work done in 1985. Assistant Planning and Zoning Administrator Gaffron explained that the work 1(-ne back in 1985 had received approval from the Planning Commission, but had never received formal approval from the City Council. Bernhardson resumed his explanation of the current application. He stated that the proposed locations for the ponds were not within any wetland area. The reason approval is required is due to the amount of dirt that is being moved. Gaff ron added that the main reason the tee box is being relocated is because of complaints received from an adjacent property owner. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Resolution #2515. Motion, Ayes=4, Nays=0, Motion passed. #1332 MARCELO GUMUCIO 980 FERNDALE ROAD WEST VARIANCE RESOLUTION 025"'A Mr. was not present for this matter, nor was his agent from Inc. City Ac..y.L.,istrator informed the Council that Mr. Gumucio was seeking an after -the -fact variance for the construction of 14 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE 91332 MARCELO GUMUCIO CONTINUTED driveway pillars that exceel the 3-1/2 limit. They do conform with the required width to allow for emergency vehicle access. Bernhardson asked Gaffron to confirm that the problems with this application were due to Mr. Gumucio's agent. Gaffron affirmed that observation and added that the problem stemmed from a misinterpretation of the City's codes. Councilmember Goetten questioned the hardship that had been indicated concerning the need for lighting. If indeed that was the hardship, why then were the lights not being utilized? Gaffron responded that there were integral lighting fixtures halfway down each pillar that would be used immediately. The applicant was asking that opportunity be reserved for the future to place lights on top of each pillars should it be determined that more light was necessary. Goetten stated that she was not against the pillars, but she did not find the hardship to be worthy. Assistant Planning and Zoning Administrator Gaffron stated that the pillars were up and they did not seem to be imposing upon the surrounding area. The Planning Commission had recommended approval with a 4 to 1 vote. The one vote against was due to a believed lack of any true hardship. It was moved by Councilmember Nettles, seconded by Mayor Grabek, to adopt Resolution #2516. Motion, Ayes=4, Nays=0, Motion passed. 81333 SIDNEY RBBBRS 715 NORTH BROWN ROAD REZONING RESOLUTION i2525 City Administrator Bernhardson explained that this application involved the rezoning of a 32 acre parcel of land from the current rural, non-sewered 2 acre lot to a sewered 1 acre lot. Mr. Steve Pf laum and Mr. Robert Kost from BRW, were present as respresentatives for Mr. Rebers, who was also present. Mr. Steve Pf laum updated the City Council with respect to the Rebers application. He informed them that the application was being presented in two sections, the rezoning and the subdivision. He reiterated Bernhardson's explanation of the proposed rezoning. The project hinges upon the approval to connect with a sewer interceptor. The Planning Commission had a sketch plan review of both proposals and had recently approved the rezoning application. There will be a number of conditions that will be set forth in a developer's agreement. Prior to the public hearing for the rezoning, Mr. Kost met with Planning Commission Chairman Kelley and other Planning Commission members for the purpose of making a list of items to be addressed at the public hearing concerning the conditional use permit and PRD. 15 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1333 SIDNEY REBERS CONTINUED Mr. Pflaum explained that the property is approximately 40 acres, only 32 acres will be addressed at this time. The southerly 7 acres are scheduled for commercial development at a later time. The 32 acres being reviewed for rezoning are heavily wooded and have considerable steep slopes. The objective of the rezoning is to have a sewered subdivision with minimum destruction of the trees. The PRD concept is to try to preserve a buffer around the perimeter of the development. The 32 acres would contain 25 lots and will have single access. The proposal was for a large cul-de-sac, however, the Planning Commission preferred that the road be looped for the purposes of emergency access. There would be no connection to other roads around the site. The Planning Commission also requested that an outlot be designated for the ultimate construction of a frontage road to access the commercial section of the parcel. The proposal was developed in such a way that it would meet the current zoning ordinances and the proposed ordiances involved with the Highway 12 Corridor. Mr. Robert Rost showed the Councilmembers and Mayor Grabek the topography of tho :,arcel which depicted the unique characteristics that were f.nsidered when the plan was developed. The Rebers' parcel is surrounded on the east, west and north side by rural residential property in the 2-5 acre densities. The south side of the property is zoned commercial. The lowest point on the property is 9941. Drainage occurs off of a ridge and some runs into upper Dickey Lake, the majority of runoff runs through a swale and ends up at a culvert at the corner of North Brown Road and Highway 12. The site access will either be at the top of the hill on North Brown Road or at the bottom. Mr. Kost briefly addressed the proposed subdivision. The main objective of the subdivision will be the preservation of as many trees as possible. There are not many mature maple tree forests left within the Minneapolis Metropolitan area. The PRD will allow for the creation of a large open space that will be deeded to a homeowner's association that will be anywhere from 50' to 100' in width and surrounds the entire site. There will be heavy restrictions pertaining to tree removal placed on this section through covenants. The covenants would also prohibit site grading and building within that protected area. There will also be preservation measures developed to protect the trees around each building pad on each lot. Sewering this property will also alleviate the need to remove trees to install mound systems. The type of soils on the parcel are not conducive to septic systems. Calculations were made to compare the amount of tree removal necessary on a 2-acre lot with septic versus a 1- acre lot with sewer. With septic systems and 15 2-acre lots, 207,60C s.f. of tree removal would be required. With 25 1-acre, sewered lots, 175,000 s.f. of tree removal would be necessary. Mr. Rost showed a sketch plan depicting an image of how the lots would be developed. Placing the homes on a cul-de-sac will also 16 MINUTES OF THE ORONO COUNCIL NZETING OF OCTOBER 10, 1988 ZONING FILE #1333 SIDNEY REBERS CONTINUED allow for more tree preservation. Mr. Rost stated that one of the two major points in favor of the rezoning is the transition that will occur between the commercial and residential zoning. The 1-acre PRD with the buffer perimeter will lend itself better to abutting commercial property than the 2-acre rural residential zoning. The other point is that this proposal is consistent with the Highway 12 Corridor, which has served as the underlying framework for this plan. Councilmember Callahan asked for clarification as to where the proposed rezoning will occur. Mr. Kost indicated on the sketch where the dividing line between the commercial zoning and the proposed 1-acre zoning would occur. Callahan stated that he was impressed with the proposal asked whether there were any neighbors present who wished to express their view point. Mr. Robbin Sentell, 736 Dickey Lake Drive, addressed the Council. He agreed that the development plan was laid out very well. His only concern involved a potential connection of the cul-de-sac with Pine Ridge Lane. Since that was not being proposed, he had no objections to the proposal. Callahan expressed his opinion of having the subdivision and rezoning applications heard simultaneously. Councilmember Goetten thought that the development was going to be very attractive and utilized the area quite well. Her concerns involved traffic, Brown Road and a buffer between this development and the property owners to the north. Councilmember Nettles stated that he liked the concept of transition from Highway 12 to this residential development. He questioned where the private road would loop should it be required to do so, or in the alternative, where an emergency vehicle access would be located? Mr. Kost stated that there would be two possible locations for the emergency access. One would be off of Highway 12, the other would be Pine Ridge. Nettles questioned the need for such an access and asked the City Attorney about the City's liability requirements. City Attorney Barrett responded that there has been increased litigation arising with regard to road designs. The zoning ordinances that would control this development, discourage cul-de-sacs. However, a variance woul& a,ot be required if approval of the cul-de-sac were given. City Administrator Bernhardson added that the issue of the cul-de-sac is one that will be addressed under the guidelines of the subdivision. Councilmember Callahan asked Mr. Pflaum if there was a significant reason why the rezoning needed approval at this meeting, as opposed to waiting until the subdivision was presented for a vote? Mr. Pflaum stated that the subdivision issues were complicated so if the rezoning portion of the plan 17 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1333 SIDNEY REBERS CONTINU® could be voted upon and put aside it would help keep the process moving. It was moved by Councilmember Callahan, seconded by Councilmember Goetten, to adopt Resolution #2525. Motion, Ayes-4, Nays=O, Motion passed. #1338 DUANE i CONNIE SCRIBILLA 3235 CRYSTAL BAY ROAD VARIANCES RESOLUTION #2517 The applicants were present for this matter. City Administrator Bernhardson explained that this application involved a request to construct a 241x 26' two-story, two -car garage. This garage would replace a previous garage that was destroyed in the July 1987 "Super Storm". The main issue involved with this matter is whether a 33' easement in favor of the City of Orono exists on the property. Assistant Planning and Zoning Administrator Gaffron added that the Schibilla's attorney is working to find out whether the easement is a mistake. The City Attorney has examined the records for this property and has determined that the easement could be a mistake. If the Schibilla's attorney determines that the easement exists, the Schibi l las would need to go through a Proceeding Subsequent to remove the easement from title. At that time, the City would need to determine whether they were interested in maintaining the easement or if they would prefer to vacate it. The issues regarding the size of the proposed garage and the hardcover still need to be addressed. The staf f's recommendations are that any action to approve this application be conditioned upon deferrir_g issuance of a building permit until the easement matter is resolved. Mr. Schibilla stated that it was highly questio-cable whether the easement exists. He has seen surveys and legal descriptions of adjacent property and the easement does not exist on those properties. Originally, the applicants' property was two separate parcels. On one description, the easement is indicated, on the second parcel, there is language that allows for the right to create in easement. If the City does have an easement, Mr. Schibilla believed it would only be 33' x 151. The City will have to decide whether or not they want the easement. He wanted the Council to decide that issue immediately so he could commence with the construction of the garage. If there is an easement, and the City decides it does not want to vacate it, Mr. Schibi 1 la would not have another location for his garage. All of the neighboring properties have garages that are located in such a way that they too would be on the 33' easement. Mayor Grabek asked about the ramifications allowing Mr. Schibilla to build if in fact the easement did exist. Gaffron 18 MINUTES OF THE ORONO COUNCIL iO3BTING OF OCTOBER 10, 1988 ZONING FILE #1338 SCHIBILIA CONTINUED stated that the City Attorney had advised against the City allowing a structure on a public easement. City Attorney Barrett added that the City would have to abandon the easement. Grabek asked about the easement extending on the properties to tre east of the Schibillas'. Gaffron stated that the existence of the easement on neighboring properties appeared sporadically. Grabek asked how that would affect the City. Barrett stated that the City would need to condemn the prcperty where the easement did not exist in order to make the easement continuous and accessible. Mayor Grabek inquired whether it would be in the City's interest to keep the easement since it is sporadic? Mayor Grabek asked if the Schibi 1 la's previous garage was located in the same place? Gaffron answered in the affirmative. Grabek asked if the proposed garage would be in line with the neighboring garages? Gaffron replied that it would, and added that all of the garages are accessed by the gravel road within the railroad property. Councilmember Callahan observed that should Crystal Bay Road be closed and the Railroad not grant an easement to the property owners, the City may need to retain the 33' public easement. Councilmember Goetten stated that she had the same concern. Mr. Schibilla stated that allowing him to build a garage would not mean that the City was giving up its easement. City Attorney Barrett said there would be the question of whether allowing the construction of the garage would mean the City was abandonning the easement. He suggested that there may be a document that could be drafted to address that. Mayor Grabek asked Mr. Schibilla if he intended to build his garage yet this year? Mr. Schibilla stated that he was ready to go. Councilmember Goetten reiterated her concern over the lack of accessibility should Crystal Bay Road be closed. Councilmember Callahan suggested the possibility of a lease agreement that would require razing the garage if a determination were made that the easement did in fact exist. City Attorney Barrett said that the problem is that allowing the construction to take place without determining whether the easement exists would mean the City would have to abandon it rights. Mayor Grabek inquired as to how the City could enter into a lease if ownership was not certain. Councilmember Callahan stated that the lease would be a written indication that if the easement did exist, the City did not intend to abandon it. The lease would provide the stipulation that if the easement did exist and the City decided to put a road through in that area, Mr. Schibilla would tear down his garage. City Administrator Bernhardson suggested another alternative, which would be building the garage just off of the easement. There is no required setback from the easement. However, the topography may be a problem and there would be an increase in hardcover. Mrs. Schibilla added that it would also 19 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBRR 10, 1988 ZONING FILE #1338 SCHIBILLA CONTINUED requirc removal of trees. Mr. Bill Wolfe, a neighbor of the Schibillas' further added that the garage world not be in line with the neighboring garages. The proposed location for the garage makes the most sense. Mr. John Nelson, the Schibillas' contractor stated that the pre-existing garage was c!.oser to the railroad property than the new structure would be. Mayor Grabek stated that if a lease could be drafted to address the potential easement situation, he would be in favor of the application. Councilmember Callahan concurred. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve the application #1338, and adopt Resolution #2517, conditioned upon the drafting of an agreement between the City of Orono and the Schibillas. The agreement shall provide that if a public easement is found to exist on the Schibilla property, and if the City of Orono ever decides to construct a road on that easement, the Schibillas will raze their garage. Councilmember Goetten asked how this would be handled. City Attorney Barrett stated that if a Proceeding Subsequent ensued, the City would need to go into Court and declare its interest. Assistant Planning and Zoning Administrator Gaffron reminded the Council and Mayor Grabek that the application involved a two- story accessory structure. He added that the proposed Resolution placed conditions on approval that prohibited usinq the other level for a dwelling and that plumbing could not be installed. The Planning Commission approved the application, citing topography as the hardship. There will be hardcover at 39.6% in the 75' to 2501, which is essentially the same as the previous garage. Gaffron asked whether the language within the Resolution needed to be changed to state that there will be an agreement that could take effect as soon as it is drafted and executed. Mayor Grabek stated that was correct. Councilmember Goetten stated that she would like to see no additional hardcover in the future. Mayor Grabek stated that the City should handle the drafting of the agreement to assure that it contains the necessary provisions. Mayor Grabek asked from where the funding would come: City Administrator Bernhardson stated that the applicant would have to pay for anything over and above the initial application fee. Motion, Ayes=4, Nays=O, Motion passed. #1341 DANIEL R. VAUGHAN i TODD ZIESMER 3440 BAYSIDE ROAD VARIANCE RESOLUTION 62518 Todd Ziesmer, one of the applicants, was present for this matter. City Administrator Bernhardson explained that the applicants were seeking a lot width variance to construct a home. The portion of the lot where the structure is proposed to be built is shaped like a pan handle. The lot width in that area is 20 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ZONING FILE #1341 VAUGHAN i ZIESNER CONTINUED 118' where 200' would be required. The concerns expressed by the neighboring property owner did not pertain to the side yard setbacks, but rather sight lines. Assistant Planning and Zoning Administrator Gaffron stated that the neighbor to the east had asked that house be moved northward approximately 10 to 151. He felt that he could work with the applicant on this issue as opposed to requiring specific language within the Resolution. Councilmember Callahan. asked Mr. Ziesmer a'jout the concerns of his neighbor. Mr. Ziesmer stated that he did not foresee any problems in working with his neighbor to resolve their differences. Councilmember Goetten inquired about the septic system. Gaffron stated that Mr. Ziesmer had the required testing done for the purpose of placing a septic system on the property. However, if the City should determine that City sewer would be installed in that area, he would like to have a holding tank installed as opposed to paying the cost of a full septic system. It was mcved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2518. Motion, Ayes=4, Nays-0, Motion passed. #1342 DAVID a VALERIE PETERSON 1125 NORTH ARM DRIVE VARIANCE RESOLUTION #2519 Mr. Peterson was present for this matter. City AdministraLor Bernhardson informed the Council and Mayor Grabek that this application involved the request for a side setback variance in order to construct a detached garage. The original proposal was to build the garage only 1' away from the neighboring side property line. The Planning Commission had requested the applicant revise h s proposal so that the garage would be 5' from the neighboring property. Councilmember Goetten commented that she had visited the site and in her opinion, the proposed location for the garage was the only suitable location due to the extreme slopes. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution #2519. Motion, Ayes=4, Nays=0, Motion passed. MAYOR'S RRPORT: ORONO/LONG LAKE DISCUSSIONS* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, that the Council accepts the information regarding the Orono/Long Lake discussions. Motion, Ayes=4, 21 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 ORONO/LONG LAKE DISCUSSIONS CONTINUED Nays=O, Motion passed. APPOINTMENT PARK COMMISSION MEMBERS City Administrator Bernhardson explained that back in 1985 the City Council decided to increase the number of Park Commission members from seven to eight. The ordinance was never changed to ref 1act that change. Currently there are three vacancies within the Park Commission and three persons have expressed interest in filling those positions. The Council could either choose to appoint all three persons and amend the ordinance or on.y choose two members, which would allow the ordinance to remain as is. Councilmember Callahan indicated that Mr. Richard Flint was a professional partner and therefore he would abstain from voting in this matter. Councilmember Goetten stated the Mr. Flint had contacted her and expressed his concerns about the bike/hike trail. She was in favor of Mr. Flint being appointed to fill one of the vacancies. She added however, that if there were three interested persons and three vacancies that all interested persons should be allowed to serve. Councilmember Nettles concurred. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to amend the ordinance to allow for eight Park Commission members, and to appoint Richard Flint, James Gilbert and Alexander Vongries to the Park Commission. Motion, Ayes-3, Nays=O, Councilmember Callahan abstained. Motion passed. CITY ADMINISTRATOR'S REPORT: RECYCLING PROPOSALS City Administrator Bernhardson reported that the City of Orono has been participating in the West Hennepin Recycling which has provided drop-off sites for several communities in this area. There is a proposal to undertake curb -side pick up. The question, however, is the costs involved with curb -side pick up. The City has contacted two firms, Super Cycle of Minneapolis and Polka Dot Recycling of Buffalo. At this time, Super Cycle would be the most economical. One of the two areas that need to be addressed is the acquisition of containers. Most of the communities that have curb -side recycling have funded the acquisition of the containers which are approximately $7.00 each. Public Works Director Gerhardson stated that the containers are large enough where the City would only need one. Hennepin County would reimburse Orono $2.00 for each container. If one container were purchased, the overall cost would be approximately $13,000.00 per year; two containers would be $26,000.00. The other aspect to be reviewed would be the operation 22 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 RECYCLING PROPOSALS CONTINUED itself. If the City were to contract with Super Cycle, the initial cost for one year would be $26,000.00. However, Hennepin County would reimburse 508-80%, which would mean a net operating expense between $6,000.00 and $13,000.00 to the City of Orono on an ongoing basis. This matter was being presented as information for future consideration. The costs mentioned above have not been included in the 1989 Budget. Councilmember Goetten stated that she have received a phone call from Mary Frank who was very conerned about a community recycling program. Goetten added that she too had been an advocate for recycling. She believed that the City needed to take a leadership role in establishing a recycling program. Ms. Beth Peterson, 2625 Fox Street, stated that she was very concerned about recycling and had attended the meeting purely for the purpose of hearing what the Council intended to do. City Administrator Bernhardson stated that originally it was thought that drop-off recycling would be the only feasible method, because the cost, especially in rural areas of curb -side could be very expensive. He was surprised to find out how economical curb -side pick up cold be. The Communities of Mound, Maple Plain and Minnetonka Beach have undertaken curb -side recyling. Public WorNn Director Gerhardson stated that they were also looking into the possibility of having pick-up in the location where the garbage would be picked up. If Super Cycle were used, the cost would be the same for such pick-up as opposed to curb -side pick up. City Administrator Bernhardson stated that if at a later date, there was a cost differential, it would be very difficult to go back to just curb -side pick up. Public Works Director Gerhardson stated that Super Cycle would only pick up aluminum, glass and newspaper. Bernhardson inquired as to whether West Hennepin would still be maintaining the drop-off sites? Gerhardson replied that the City could enter into an agreement for drop-off sites with whomever was performing the curb -side pick up. Ms. Peterson asked whether there had been any effort made to get commercial properties involved with recycling? Gerhardson stated that the commercial aspect of recycling was just getting underway. Bernhardson added that at one time the City could include the corrugated paper, etc. from various commercial entities in its overall tonnage. However, the County wants the commercial recycling segregated from the residential. Gerhardson Stated that was a reason why the required percentage for recycling in 1989 dropped from 13% to 10%. However, by 1990, the County wants an overall 16% residential recycling achievement. Councilmember Goetten asked whether Orono was recycling 10% of their overall garbage? Gerhardson stated that it was difficult 23 MINUTES OF THE ORONO COUNCIL METING OF OCTOBER 10, 1988 RECYCLING PROPOSALS CONTINUED to determine how Orono was performing, but overall, the communities are doing very well, with each community avera',;ng only 1% or 2% short of the expectation. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to table this item until October 24, '188 Council Meeting. Motion, Ayes=4, Nays=O, Motion passed. BUDGRT ADOPTION/1989 TAR LEVY City Administrator Bernhardson stated th�.t this item was for the purpose of adopting the General Fund Budget for 1989 and establishing a tax levy for 1989. Information was presented to the Council and Mayor Grabek concerning the costs involved with legal prosecution costs and citation and fine revenues. Based on 6-month data for 1988, the principal costs are being driven by the number of citations from 1985 to 1988 that have been processed for Orono have doubled and so have the fines and forfeitures. However, our legal costs have more than doubled. This was due in part to the hourly rates being billed by Popham, Haik were lower than the hourly rates for which the City was currently being billed. Had we been billed at the current level we were being charged, back in 1986, our legal costs would have been 34% higher. The ratio of nrosecutioa rates to fines in 1986 would have been the same as those projected in 1988. the principle reasor, both fine revenues and prosecution costs are up is due to the Police Officers issuing substantially more citations. Councilmember Goetten asked for this to be tabled so she would have further review time. City Administrator Bernhardson mentioned that the two items could be separated and voted upon separately. He added that there were two changes to be made in the proposed 1989 Budget. One item was the possibility of $100,000.00 being included in the budget from the General Fund in order to allow for more flexibility; and the conversion of the recorder position from a part-time to a full-time position. Councilmember Goetten inquired whether recycling costs would need to be addressed for the proposed Budget. Bernhardson stated that would be a reason to table the budget portion of this item. Councilmember Callahan inquired as to why the tax levy would not be affected by the Budget? Bernhardson stated that the recommendation was to levy the maximum allowed in order to retain flexibility. If the City chooses not to spend that, it could to adjusted in future years. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table the 1989 Budget, but adopt the tax levy of $1,352,690 together with $30,000.00 for the deficit for the Crystal Bay Sewer. Motion, Ayes=4, Nays=O, Motion passed. 24 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 CITY FACILITIES - SITE CRITERIA Councilmember Callahan surmised that the information with which he was presented was the criteria that may be applied for selecting a site. City Au,ainistrator Bernhardson agreed and added that in taking any proposed site, the criteria with which the council was asked to weigh, would be used to determine whether the proposed site would be adequate. Callahan asked how the process would work once they received the feedback from the Council. Bernhardson stated that the site planners presented the City with a list of criteria that were usually considered when choosing a new building site. The City staff and Planning Commission evaluated the list and made deletions and additions to that list. This information was now being presented to the Council and Mayor Grabek for their consideration, deletions and additions as to what they would like taken into consideration when determining a site for a new facility. Councilmember Callahan asked whether there were actual, physical sites that were being considered? Bernhardson responded that the sites being considered were the Crystal Bay area or the location by the sewer plant. Callahan suggested having the site planners choose a site they feel is best and then approach the Council for feedback. Councilmember Goetten stated that it was her understanding that the site planners were to meet with each Councilmember individually. Bernhardson stated that the time element began to be a problem and that presenting the criteria list was a part of that process. Goetten stated that she agreed with Callahan, in that she would not know which of the proposed sites was best unless she weighed the pros and cons of each site. Bernhardson stated that the site planners were attempting to gather criteria to weigh the sites. Councilmember Nettles said that one of the Orono Police Officers had approached him and suggested that the Police Department be more centrally located because of the long response time to get to Shoreline Drive. He did not know if that was already addressed within the criteria, but if not, he would add police response time under "Functional Relationship to other Services and Uses" Goetten observed that perhaps that was why the present City Hall location and the Old Crystal Bay Road were favored more than the Highway 12 area. Mayor Grabek interjected that the police were not always responding to a call from the Police Station, response time would be from a street location. Bernhardson stated that issue would be critical if it were going to apply to the fire station. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt the site criteria for the site analysis of City Facilities and the Council directs staff to explore substituting the site at the southwest corner of Old Crystal Bay Road and Highway 12 for the site on Brown Road. Councilmember Callahan asked whether this proposal included removing this site from consideration and adding the site on Highway 12? Bernhardson 25 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 CITY FACILITIES -SITE CRITERIA CONTINUED clarified that it was up to the Council. Mayor Grabek stated that he wanted to see how all three sites faired. Bernhardson stated that there were additional costs involved with each site evaluated. Callahan stated that he seriously objected to the removal of the Brown Road site from consideration. Goetten and Nettles concurred. Mayor Grabek amended his motion to exploring the three possible sites, Councilmember Nettles seconded. Motion, Ayes=4, Motion passed. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt the site criteria for the site analysis of City Facilities. Motion, Ayes=3, Callahan, Nay. Motion passed. AMEND COUNCIL SALRIBS It was moved by Mayor Grabek, seconded by Councilmember Nettles, to have the Council and Mayor salaries remain the same. Councilmember Goetten inquired as to whether these salaries had been raised in the past? City Administrator Bernhardson replied that that they had been raised 2 years ago. There was no further discussion. Motion, Ayes=4, Nays=O, Motion passed. BIGHKAY 12 TASK FORCE City Administrator Bernhardson reported that the direction of the Task Force, subsequent to a meeting in Delano, is now to request MNDOT to spend engineering time to develop a maximum highway within the existing right-of-way and to request that MNDOT determine a layout along the existing alignment. This would provide people with information as to what each of those option would entail. It would not indicate support for either of those options, but would be for information only. Councilmember Callahan agreed that the more information available, the better. Councilmember Goetten added that Highway 12 was of great concern to the citizens of Orono. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to indicate its supr- I for the request since the request would not in any way binO 'ity to support of any particular option, but only to gain )rmation as to options that may be realistic. In addition requesting MNDOT to do work to determine the maximum within the current corridor and impact of a four lane on the current alignment, the City desires as appropriate that MNDOT begin work to develop alternative corridors for Highway 12. Motion, Ayes=4, Nays=O, Motion passed. LOCAL PROPERTY TAX SYSTEM City Bernhardson explained that there had been a request from the Association of Metropolitan Municipalities to obtain financial support from Orono to contribute toward the development of data and proposals for the 1989 Legislature to try to make the current property tax system more rational. Most of the larger communities have committed to contribute approximately $2,000.00, 26 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 LOCAL PROPERTY TAX SYSTEM CONTINUED the smaller communities, $500.00. Bernhardson recommended that the City contribute up to $500.00. There was also a proposed Resolution from the City of Brooklyn Park encouraging the Legislature to undertake a reform of the property tax and State aid system. If it was the Counci l's desire to do so, a similar resolution could be sent from Orcno to the Legislature. Mayor Grabek stated that making sense of the tax system would be money well spent. He also would not object to sending a resolution to the Legislature. Councilmember Goetten concurred, especially if the efforts proved to be beneficial to Orono. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to contribute up to $500.00 for the funding of a Property Tax Data System development together with the adoption of Resolution #2535 urging the legislature to take a comprehensive review of the property tax system in the State of Minnesota. Ayes=4, Nays=O, Motion passed. ANIMAL PERMIT ORDINANCE City Administrator reviewed this item. The question is whether to delete the ordinance or implement a system to monitor and regulate the ordinance. The zoning ordinances regulate the ownership of animals other than dogs or cats, but does not offer much control. Mayor Grabek stated that he could go either way. Councilmember Goetten stated that she did not want to see Orono get so restrictive that it would discourage people from having animals other than dogs or cats. She inquired as to whether there had been past problems in this regard. Bernhardson replied that there had been few complaints. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to delete the Animal Ordinance No. 9.13, subd. 7, entitled "Animals and Fowl - Keeping, Transporting, Treatment, Housing". Motion, Ayes=4, Nays=O, Motion passed. RULES FOR DEPOSITORY Mayor Grabek questioned whether the Investment Policy Draft had been sent to the City Auditors for their review. City Administrator Bernhardson stated that had not been. Councilmember Callahan suggested having the Auditor's comments by the October 24, 1988 Council Meeting. Mayor Grabek stated that he would like to see a lettr_ from the Auditor indicating his approval for this proposal. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to table this itme until the October 24, 1988 Council Meeting. Motion, Ayes=4, Nays=O, Motion passed. 27 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 NAVARRE CROSSWALK* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to direct staff to notify Hennepin County that the City of Orono is requesting a crosswalk be allowed at or near its present location in the Navarre Business Area dependent upon the location of the MTC bus shelter in the Navarre Business Area. Motion, Ayes-4, Nays=0, Motion passed. CRYSTAL BAY ROAD* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, that staff be directed to place this item for discussion on the agenda for the October 24, 1988 Council Meeting. Ayes=4, Nays=O, Motion passed. BOHNS POINT FEASIBILITY STUDY* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to withdraw the feasibility study for the upgrade of Bohn's Point Road. Ayes=4, Nays=O, Motion passed. HAZARDOUS BUILDING PROCEEDINGS 2180 PROSPECT RESOLUTION #2521 City Administrator Bernhardson explained that the house at 2180 Prospect had been in a deteriorating state for a number of years. The house is no longer occupied. One of the basement walls has caved in and there are several other structural and environmental problems with the house. The City would like to initiate hazardous building proceedings. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2521. Motion, Ayes=4, Nays=0, Motion passed. MOUND FIRE CONTRACT* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the revised language for the Contract for Fire Service withthe City of Mound and to approve the 1989 cost to Orono of $53,425.00. Ayes=4, Nays=O, Motion passed. ASSESSMENT ROLL DELINQUENT CHARGES/PAYMENTS RESOLUTION #2522* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2522, adopting the assessment roll for hazardous Building Actions, 1988. Ayes=4, Nays-0, Motion passed. HAZARDOUS BUILDINGS RESOLUTION #2523* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2523, providing for the collection of delinquent charges for 1988 sewer and water utility services and annual septic inspection program fees. Ayes=4, Nays=O, Motion passed. 28 MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988 UTILITY/SEPTIC CHARGES RESOLUTION i2524* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2524, providing for the collection of delinquent Developers' Fees and Alarm Users' fees in the amount of $1,957.69 and to add 10.0% interest to the amounts due, effective November, 1988. Motion, Ayes=4, Nays=O, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: Woodhill Avenue; County 15 Progress; Orono/Minnetonka Beach Interceptor Progress; 3508 Ivy Place; County 15 Beautification; Michael Rirnyczuk; and Goal Setting. Motion, Ayes-4, Nays=0, Motion passed. CITY ATTORNEY'S REPORT: There was no report from the City Attorney. LICENSES* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve the following license: Home Occupation License - Patricia R. Fitzpatrick 2845 Watertown Road Long Lake, MN 55356 Motion, Ayes-4, Nays-0, Motion passed. BILLS* It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes=4, Nays-0, Motion passed. E(ECUTIVE SESSION - 9:55 P.M. City Administrator Bernhardson requested that the Council go into an executive session at 9:55 p.m. ADJOURNMENT 10:00 P.M. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adjourn the Regular Council Meeting at 10:00 p.m. Motion, Ayes=4, Nays=O, Motion passed. ATTEST: Dorothy M. Ha in, City C erk James R. Grabe , Mayor 29 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 24, 1988 ATTENDANCE 7:00 P.M. The Council met on the above date with the following members present: Mayor Grabek, Councilmembers Nettles, Goetten, Peterson and Callahan. The following represented the City staff: City Administrator Bernhardson, Building 6 Zoning Administrator Mabusth, Public Works Director Gerhardson, Assistant Planning and Zoning Administrator Gaffron, City Attorney Barrett, and City Recorder Scheffler. CONSENT AGENDA* Mayor Grabek asked that item A2 be removed because he and the other Councilmembers had not received the minutes to review prior to the meeting. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the Consent Agenda with the exception of Item #2, which was omitted. Motion, Ayes=5, Nays=0, Motion passed. APPPROVAL OF MINUTES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to remove this item from the consent agenda. Motion, Ayes=5, Nays=O, Motion passed. LAKE MINNETONKA CONSERVATION DISTRICT REPORT City Administrator Bernhardson explained that Mr. Strommen had summarized the new DNR Shoreline Regulations that are being proposed and reviewed those regulati.-;ns with himself and Zoning Administrator Mabusth at a recent meeting. There are certain areas of concern that are being monitored by the City. Mr. Gene Strommen, Executive Director of the LMCD, addressed several issues of major concern for comprehensive preservation of Lake Minnetonka. Eurasian Water Milfoil was the first topic he addressed. He said that it was just discovered in Lake Minnetonka this summer. Lake Minnetonka is one of the few lakes in Minnesota that has Eurasian Water Milfoil. Testing was done and it was determined that 17 of 19 bays had the Milfoil. Since that time, the LMCD, DNR and Corp of Engineers had tried mapping the Lake for actual weedbed locations. It was Mr. Strommen's belief that the Milfoil had been introduced into the Lake at least 2 years ago. The Milfoil is a problem in that it is very prolific and can reproduce through weed cuttings. This means that running boats and swimming in areas where the Milfoil is present would cause a great deal of new growth to occur. The LMCD is attempting to put together a brochure that gives information about the weed and what can be done to combat it. It would be very difficult to comprehensively remove the weed from the Lake. Therefore it will be necessary to keep it from spreading any further by avoiding 1 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 LMCD REPORT CONTINUED areas where it is growing and/or chemically treating specific areas. It can exist for 12 to 15 years before it uses up the nutrients in the ground and dies. In cases where the ground nutrients are significant, it n►ay not die at all. In order to keep the weed from being spread to other Minnesota Lakes, a sign campaign is being used. The next issue Mr. Strommen addressed was water conservation. He said that the current level of Lake Minnetonka has not been seen since the 1930's. There has been no let out of water through the dam since 1986. The Minnehaha Creek Watershed District has strict guidelines that must be followed in order to let water out of the dam. The LMCD published information asking persons not to use the lake for sprinkling purposes. The LMCD investigated the possibility of pumping water into the lake, but found that it would not be feasible to do so. He informed the Mayor and Counci 1 that only was the lake leve 1 very low, but the wetlands were very dry as well. It would take significant snow and/or rain to bring recharge the wetlands. With respect to the LMCD Comprehensive Plan, Mr. Strommen stated that it had been in place now for approximately 7 months. Mr. Dave Arndorfer, a specialist in the area of recreational studies, has been with the LMCD since April and had been working with the LMCD to put the plan together. The Metropolitan Council had asked that the Plan be put together in a two year time period, as opposed to three as initially proposed. Mr. Strommen said that there are 12 areas the Comprehensive Plan addresses: Lake Use, Lake Access, Winter Usage, Shoreline Protection, Shoreline Aesthetics, Upland Environmental Protection, Fisheries, Wetlands, water Quality, Intergovernmental Relations, Institutional Arrangements (future structure of the LMCD), and Funding Alternatives. Subcomittees are being formed to deal with each of these areas. Mr. Strommen reminded the Council and the Public that the LMCD meets every fourth Wednesday of the month at the Tonka Bay City Hall. He extended an invitation for any persons interested to attend. Mayor Grabek thanked Mr. Strommen for taking time to make a presentation. PLANNING COMMISSION COMMENTS Planning Commission Representative Sara Moos was present and had no comments. PUBLIC COMMENTS There were no comments from the public. 2 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING ADMINISTRATOR'S REPORT: #990 WARD FERRELL 3411 WATERTOWN ROAD VARIANCE Mayor Grabek explained that due to an illness, the applicant had requested that this item be tabled. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table this item until the applicant can be present to address the Council. Motion, Ayes=5, Nays=O, Motion passed. #1309 GERALD NELSON 1629 BOHN'S POINT ROAD AFTER -THE -FACT CONDITIONAL USE PERMIT/VARIANCE ABSOLUTION #2534 Mr. and Mrs. Nelson were present for this matter. It was explained by City Administrator Bernhardson that this application involved a conditional use permit and variance for a pond that had been constructed within the 0-75' zone of the Nelson property. The pond has been underlain with plastic, and the swale and landscaping that was done around the pond are underlain with fabric. The purpose of the pond is to resolve an ongoing drainage problem. The Planning Commission had recommended that the plastic under the pond and the crushed rock/wood chips with underlying fabric remain. The fabric under the landscaping in the lakeshore yard should be removed. Mr. and Mrs. Nelson had no questions concerning this application and stated that they were in full agreement with the recommendations and conditions of the Planning Commission. It was moved by Councilmember Nettles, seconded by Councilmember Callahan, to adopt Resolution #2534. Motion, Ayes=5, Nays=O, Motion passed. #1310 HOWARD EISINGER 3245 WAYZATA BOULEVARD CONDITIONAL USE PERMIT RESOLUTION #2526 City Administrator Bernhardson informed the Mayor and Councilmembers that Mr. Eisinger was seeking a renewal of a conditional use permit to place 100,000 cubic yards of fill on his property. This had been reviewed twice by the Planning Commission. It was their recommendation that three issues be considered with the approval of this application. The first involves the amount of time the fill will be allowed to remain in a disturbed state; the second involves time limitations pertaining to the actual hauling of the fill; and the third issue involves working with the Orono Police Department on safety and traffic precautions. MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1310-EISINGER CONTINUED Councilmember Goetten asked if a time limit would be specified as to how long the project can take to complete. Zoning Administrator Mabusth replied that a time limit will not be placed on this project because the availability of the fill will vary. Goetten asked whether the City Staff would be monitoring the project from beginning to end. Mabusth assured her that they would. The City Engineer had set out recommended times for seeding the fi11 and the City would be contacting Mr. Eisinger at those times. This would prevent the fill from staying in a disturbed state for an undetermined amount of time. Councilmember Goetten asked Mr. Eisinger when he anticipated beginning the project. Mr. Eisinger said that he could not determine that at this point. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution #2526. Motion, Ayes=5, Nays=O, Motion passed. #1311 JOHN i SUSAN PURDY 1975 FAGERNESS POINT ROAD VARIANCES RESOLUTION #2527 Mr. and Mrs. Purdy were present for this matter. City Administrator Bernhardson explained that the Purdys were requesting variances to put an addition on their home. They had been before the Planning Commission and City Council back in 1985 with an application and more recently were asking approval for a revision to their 1985 plan. The revision included a 3-season porch that encroached into the 0-75' zone and the application was denied. The Purdys have since revised that plan and were now proposing to add on to the south side of the house. This addition would encroach no closer to the lakeshore than the existing house. The hardcover percentages for the 0-75' and 75-250' zones are in 1?ne with the application that was approved back in 1985. The only issue that had not been addressed was a potential garage addition which was included in the 1985 plan. The Planning Commission has recommended approval of this application. Assistant Planning and Zoning Administrator Gaffron clarified that the hardcover calculations did include the addition of the garage. However, a side setback variance would be required if the Purdys decided to add the garage. Councilmember Goetten asked the Purdys if they had any immediate plans to build a garage. Mr. Purdy indicated that they had no such plans within the next year. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2527, approving the MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1311-PURDY CONTINUED requested variances. Motion, Ayes=5, Nays=O, Motion passed. #1323 JON PAPAS 3369 CRYSTAL BAY ROAD AFTER -THE -PACT VARIANCE Mr. Jon Papas was present for this matter. City Administrator Bernhardson outlined the details of this application. Mr. Papas was seeking an average lakeshore setback variance, as well as variances for hardcover and lake setback. The Planning Commission recommended denial based on a lack of hardship. Construction alternatives such as removing the railing or relocating the deck to the side of the house were discussed. It was determined, however, that those alternatives were not possible. Mr. Papas reiterated the fact that relocating the deck would not be possible. He said that he had not been aware of the need for a building permit. Mr. Papas did not understand the hardship aspect of his request. He said that his house was small and the deck would give added roue and the opportunity to enjoy the lake. He added that he would be willing to make any revisions possible or compromise suggested. Councilmember Goetten asked Mr. Papas if there was a previous structure in place of the deck? Mr. Papas replied that there were pre -formed steps to the front door. Councilmember Nettles asked what kind of compromise Mr. Papas had in mind. Mr. Papas said that he would have no problem making the deck smaller or putting up a handrail. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to deny this application, but allow Mr. Papas to construct steps to enter his house. Motion, Ayes=5, Nays=O, Motion passed. #1328 HOWARD JOHNSON 1635/1675 CONCORDIA STREET SUBDIVISION City Administrator Bernhardson provided a brief review of this application. Mr. Johnson was seeking a lot line rearrangement to conform with the property boundary agreed to many years ago by both affected property owners. The sale of Mr. Johnson's property is pending the resolve of this application. Mr. Johnson had agreed to provide the Trainors with 5' of his property to resolve this matter. The Planning Commission recommended that the new lot line be 10' from the Trainor property so as to conform with the required 10' setback of the LR-lC Zoning District. Assistant Planning and Zoning Administrator Gaffron informed the Council and Mayor Grabek that Mr. Johnson was not present, 5 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE i1328-JOBNSON CONTINUED but Mr. Eiss, the buyer of Mr. Johnson's property was. Mr. Eiss stated that the encroachment problem had existed for o•-er 30 years and that the 10' requirement was unreasonable. He believed the original proposal of 5' went a long way toward correcting the problem. Mrs. Trainor was also present, and indicated that it made no difference whet' -her 5' or 10' was approved. Mayor Grabek asked if there would be a problem if they approved 5' rather than 101. Gaffron replied that the Planning Commission had recommended 10' because that was the standard for the Lr-lC Distri�.t. Councilmember Goetten commented that she understood the concern for conforming to the setback standards, but felt it was unfair to take 1C' from Mr. Johnson's property when he was not responsible for the encroachment. It was noted by i;aifron that Mr. Johnson had attempted to alleviate this problem years ago, but found that the papers had never been recorder. Gaff ron stated that Mr. Johnson and Mrs. Trainor were surprised to find that their legal descriptions did not raflect a 5' rearrangement of the lot line. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the lot line rearrangement at 5' as opposed to 101. Motion, Ayes=5, Nays=O. #1330 FULLERTON PROPERTIES, INC. 880 TOWNLINE ROAD PRELIMINARY SUBDIVISION RESOLUTION 2528 City Administrator Bernhardson explained that the applicant was seeking approval of a 7-lot subdivision. All of the lots would meet the required 2-acre contiguous dry buildable land. However, due to the configuration of the property and the cul-de- sac, three of the lots do not meet the width requirement at the setback line. The cul-de-sac will be 1,000 feet in length. Councilmember Goetten asked why the Minnehaha Creek Watershed District needed to approve the proposal since an outlot for the road was designated. Mr. Tom Haislet was present and commented that the Watershed District needed to service a weir on the property and needed access to do so through an easment along the north property line. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution #2528. Motion, Ayes=5, Nays=O, Motion passed. 6 MINUTES OF RBGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 #1335 WOODHILL COUNTRY CLUB 200 WOODBILL ROAD CONDITIONAL USE PERMIT RESOLUTION #2529 Mr. John Winston was present as a representative of Woodhill Country Club. City Administrator Bernhardson explained that this was an application for a maintenance shed that will require a conditional use permit and a variance for an accessory structure in excess of 1,000 s.f. The setbacks and height requirement necessary for a conditional use permit will be met. The structure will require a 9,800 s.f. area variance. The Planning Commission has recommended approval of this application. There were concerns previously expressed by Mr. Fox and the Peseks. Mr. Winston showed the Council and Mayor Grabek a drawing depicting the proposed maintenance shed. He said the on-ly remaining concern was that of the Peseks. They were concerned about the shed interfering with their view. Councilmember Goetten asked where the storage shed would be located in respect to the Pesek home. Mr. Winston showed those locations to the Council. Mr. Fox indicated that noise was a problem more than sight. He was hopeful that there could be a berm, using the dirt removed from the site. He did not know if that was a feasible solution to the problem. Mr. Winston added that the berm had not been investigated, but a separate conditional use permit would be required if they were to put in a berm. Mr. Fox went on to say that the Country Club had been very accomodating in trying to take his concerns into consideration. However, he wanted his concern about noise to be on record with the City in the event any problems arise in the future. Mayor Grabek inquired as to whether the Resolution could be amended to include language that would address Mr. Fox's concerns about noise? Zoning Administrator Mabusth advised that the code does provide for the reopening of conditional use permits when affected neighbors petition the City and that the resolution could be amended to specifically address the noise factor. Mr. Winston reminded the Mayor and Council that the Country Club currently has a maintenance shed that is not far from the proposed location of the new facility. Mr. Thomas Markle, Vice - President of Woodhill Country Club, explained that the portion of the maintenance shed from where the most noise would be generated was placed the farthest from the neighboring properties. The end of the shed that would be near Woodhill Avenue, would only be used for dead storage. Mabusth interjected that the shed would be positioned in the hillside, providing more of a barrier to adjacent residences to the south and west. Councilmember Nettles questioned whether it would be more 7 MINUTES OF RBGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1.335-WOODHILL COUNTRY CLUB CONTINUED beneficial to have both conditional use permits tied together. Mabusth said that the Council may require the applicant to apply for a conditional use permit for the land alteration as a condition of approval. Mr. Pesek was present and asked for clarification as to the location of the shed. Mabusth explained to him where the revised location of the shed would be and that only a corner of it would be visible from his house. Mr. Pesek stated that he appreciated what had been done on the part of Woodhill to address his concern. City Administrator Bernhardson suggested that the noise issue be addressed as a condition in the Resolution. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to amend Resolution #2529 to include language pertaining to the noise impact on neighbor 3 properties. Motion, Ayes=5, Nays-0, Motion passed. #1339 DRVID LEE 2695 CASCO POINT ROAD AFTER -THE -PACT CONDITIONAL USE PERMIT/VARIANCE Mr. David Lee was present for this matter. City Administrator Bernhardson provided the Council and Mayor Grabek with a brief summary of the history of this application. Mr. Lee constructed a retaining wall within the 0- 75' zone. The Planning Commission had recommended approval of this application per the plans set forth by Mr. Lee's landscape architect. His proposal would leave the retaining walls exposed until vegetation would grow and act as a natural cover. City staff is recommending that fill at a 2-1/2 to 1 grade slope be placed and that certain timbers be removed, so that the dirt would appear more as an embankment with cribbing walls into the soil. Zoning Administrator Mabusth added that there would be exposed timbers that would still be visible from the Lake. Bernhardson also mentioned the fact that citations were issued to Mr. Lee. Mayor Grabek asked Mr. Lee why he continued to work on the wall after the citation was issued. Mr. Lee explained that he had called and asked permission to finish the steps after he had received the stop work order. Mabusth clarified that after the citation was issued there was no additional work done. Councilmember Callahan compared this application to another past application. He asked whether City staff was suggesting that the second option of the City Engineer be followed. Mabusth 8 MINUTES OF REGULAR ORONO COUNC'CL MEETING OCTOBER 24,1988 ZONING FILE i1339-LEE CONTINUED said that Staff's position was based upon previous conditions of approvalmade in the past by the Council. Mr. Lee said that Mr. Robin was scheduled to arrive shortly. He explained that he had tried on his own to stabilize the bank after it had washed away. Callahan commented that he had heard Mr. Robin's presentation at the Planning Commission meeting. He suggested that the Council try to be consistent in the policies they set forth in these cases. He was not certain whether the 8' steps should be allowed to remain, simply teca+ise they are already there. Mr. Lee stated that the steps stabilize the entire bank. Mabusth concurred that the steps, at this point, were providing stabilization for the bank. Callahan and Goetten believed that the option for restoration of the bank that was most in line with the City's policies should be chosen. Councilmember Goetten expressed the difficulty in dealing with after -the -fact rea_uests, especially in this type of application where tearing down the retaining wall would worsen the condition of the bank. She added that she did not like the 8' steps, but if that was the only way to stabilize the banks, she would have to accept that. Mabusth stated that planters were proposed to be placed within the 8' steps. Mabusth asked Mr. Lee if he fully understood what the City staff was proposing. Mr. Lee answered in the affirmative. Mabusth explained that timbers would be removed and the lower wall would be exposed. instead of having the upper two tiers of retaining wall, there would be an earthen slope and plantings. COLnci lmer-. -r Callahan observed that there was a concentration o L.er-the-fact variances that occured on Casco Point, Baldur F Road and Fagerness Point Road. He said that should Mr. Lee's variance request be approved, it would be likely the Council would see yet another such incident. Mayor Grabek expressed his desire to see Mr. Lee's bank restored to its original condition. Mr. Lee interjected that the stone wall that previously existed was "gross" in appearance. He added that neighbors who had witnessed his construction of the new retaining walls were very supportive. City Administrator Bernhardson asked whether the walls could be extended and covered over, as opposed to putting in the 4' planters? Mabusth replied that she would need to get input from the City Engineer in that regard. Mr. Lee explained that he had designed and built the wall himself. He was unaware of the fact that a retaining wall required a building permit. He informed tt;e Council that eventually the wall would fade to a gray col.,_ and would not be quite so noticable. He said that due to the support system of the wall, he could not remove any timbers. Councilmember Nettles Asked why the 8' steps could not be narrowed to 4'? Mr. Lee explained that the 8' steps were stabilizers. City Administrator MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE #1339-LSE CONTINUED Bernhardson stated that removal of the steps would not be necessary. The issue is how the 4' is used, whether planters are installed or the timbers would be extended and covered over. Callahan concurred that some of the underlying structure should remain, but believed that the bank should be restored to its original state as much as possible. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve this application provided that the City Engineer's "option 2" be followed. Mayor Grabek reiterated his belief that the bank should be restored to its original state. He added that there had to be some safeguard instilled so that persons would stop constructing whatever they please within the 0-75' zone. Councilmember Goetten suggested that the City may need to improve its efforts of informing residents of Orono what is required. Motion, Ayes=4, Mayor Grabek, Nay, Motion passed. #1345 JOHN 4017 NORTH VARIANCE RESOLUTION THEOBALD SHORE DRIVE #2530 Mr. Theobald was not present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that Mr. Theobald agreed with the City's recommendation for one garage not to exceed 1,000 s.f. and to keept the level of hardcover the same. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution #2530, approving the requested variances. Motion, Ayes=5, Nays=O, Motion passed. #1346 BIHAR HAGBERG 740 NORTH ARM DRIVE VARIANCE RESOLUTION Mr. Hagberg was present for -iis matter. City Administrator Bernhardson explained tha' Mr. Hagberg was seeking approval to construct a detached storat- garage on his property. The proposed structure would increase hardcover in the 75-250' and 250-500' zones to 35.6% and 33.2% respectively. However, there is a gravel road used for City access to sewer lines that was included in the hardcover calculations for both the 0-75' and 75-250' zones. Due to this unusual circumstance, and the fact that exclusion of this road would decrease hardcover percentages, the Planning Commission recommended approval of this application with no hardcover removal. Assistant Planning and Zoning Administrator Gaffron 10 MINUTES OF RBGULRR OROBO COUNCIL MEETING OCTOBER 24,1988 ZONING FILE 01346-BAGBERG CONTINUED explained that since the Planning Commission's review, staff discovered that an additional sewer line existed along the north line of the property. Mr. Hagberg believed that he had signed something back in the early 1970's pertaining to the road. However, nothing has ev: recorded on Mr. Hagberg's chain of title. Mr. Hagberg's prc garage would be 5' from the sewer line, where normally 10' : squ- 4d. Even though the easement is not of record, the City would still like to maintain 10' on either side of the sewer line so that repairs to the line could occur without disturbing Mr. Hagberg's garage. City Administrator Bernhardson asked Public Works Director Gerhardson as to the depth of the sewer line. Gerhardson replied that he had not checked the "as builts" but he recollected the line to be very shallow. He believed that he could get by with a total of 15', 5' and 101. Mr. Hagberg presented pictures showing his lot and indicated where he wanted to place his storage garage. Mayor Grabek suggested allowing Mr. Hagberg to build his garage where he originally proposed, with only a 5' setback to the sewer line. Councilmember Callahan asked why Mr. Hagberg needed the extra storage facility. Mr. Hagberg stated that he required the extra storage space. Mayor Grabek concurred with Callahan's question and asked what was the hardship for placing another garage on a 3/4 acre lot? Gaffron stated that the Planning Commission did not address that point. Mr. Hagberg explained that he had four lawnmowers that needed to be stored. He had torn down an old shed that was used for that purpose. Assistant Planning and Zoning Administrator Gaffron suggested the possibility of removing hardcover to compensate for the additional storage garage. He asked Mr. Hagberg if he would be willing to remove the plastic underlying his landscaping. Mr. Hagberg answered affirmatively. Mayor Grabek suggested that the application be referred back to the Planning Commission for further review. Callahan concurred. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to refer this matter back to the Planning Commission to answer the question of hardship for such a large facility, and investigate other alternatives. Motion, Ayes=5, Nays=O, Motion passed. MAYOR'S REPORT: Mayor Grabek had no report for this meeting. 11 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 CITY ADMINISTRATOR'S REPORT: RECYCLING PROPOSALS City Administrator Bernhardson presented additional information concerning recycling proposals. Polka-dot would be the most economical vendor to use for curb -side pick-up, however formal bids will probably be taken. The total cost of the project would be approximately $26,000.00. However, Orono would only pay a portion of that amount based upon the quantity of recycling that occurs. The present cost per person would be $8.40/year for pick-up bimonthly. The City could charge the residents on their quarterly sewer bill or on the annual septic fee. The City's goal is to begin this program by the first of the year. Mayor Grabek noted that should the City not put a recycling program in place, the County would step in. Bernhardson confirmed that and added that the County could put in whatever servirc they wished and could charge whatever they wished. Councilmember Goetten stated that she was pleased that such a program was finally be addressed. She said that many citizens in Orono were looxing for direction from the City and the Council to initiate recyclinS;. Councilmember. Callahan expressed his desire to have pick-up occur where garbage pick-up occurred, as opposed to curb -side. He said that due to the !.ength of many driveways in Orono, curb- side pick-up could present a problem for people. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to direct staff to get bids for both curbside and refuse pick -up -location recycling, and explore the necessity of label removal as suggested by Councilmember Nettles. Motion, Ayes-5, Nays-0, Motion passed. BUDGET ADOPTION - 1989 City Administrator Bernhardson asked whether the Council and Mayor Grabek wanted to adopt the 1989 Budget. He pointed out the fact that there were only two amendments assuming that the recycling was done on a user charge basis. Those changes would be converting the City Recorder's position to full time and including a certain block of funds for the purpose of increasing the levy should it be necessary. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt the 1989 Budget, as amended. Motion, Ayes=5, Nays-0, Motion passed. DANGEROUS WEAPONS -ORDINANCE AMENDMENT City Administrator Bernhardson stated that this item involved the recodification of this Ordinance in order to make more sense of it. Additionally, three new items would be added 12 MINUTES OF itBGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 DANGEROUS WEAPONS CONTINUED to the Ordinance. One addition would be to allow B-B guns for pest control in areas other than the 5-acre commercial, agricultural or greater. Starting guns and approval authority would be the other two additions. This was only being presented to elicit comments and would be brought back for a vote at the next Council meeting. Councilmember Goetten asked if the changes would apply to all zoning areas? Bernhardson answered affirmatively. Mayor Grabek said he did not object to the proposal. Councilmember Callahan reported that he had heard negative comments concerning the passing of the Dangerous Weapons Ordinance. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to review this item and have it presented again at the November 14, 1988 Council Meeting. Motion, Ayes=5, Nays=O, Motion passed. HAZARDOUS BUILDING PROCEEDINGS 4545 WATERTOWN ROAD City Administrator Bernhardson asked that this item be tabled. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to table this item until the November 14, 1988 Council Meeting. Motion, Ayes=5, Nays=O, Motion passed. SPRING PARR UTILITY PERSONNEL SHARING AGREEKENT City Administrator Bernhardson explained that the City had been approached by Spring Park to share utility personnel. They currently have one person in their Public Works Department and had contracted to have a back-up. They have had a difficult time obtaining a person with water and sewer qualifications to act as a back-up. The recommendation is to allow Orono's designated back-up to serve as Spring Park's back-up every other weekend. It would generate funds for Orono because the back-up person is already on call. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to approve entering into an agreement with the City of Spring Park for utility standby services as outlined in the agreement. Motion, Ayes=5, Nays=O, Motion passed. 1988-89 POLICE CONTRACTS* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the proposed settlement of the 1988 police contract effective January 1, 1988 which increases the base wages by 3.5% plus $10.00 on insurance with a wage and insurance re -opener for 1989. Ayes=5, Nays=0, Motion passed. 13 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 COUNT[ ROAD 51 * Mr. and Mrs. John Nelson, 3460 North Shore Drive, were concerned about a letter they had received from Mr. Singer. City Administrator Bernhardson assured the Nelsons that the City would keep the residents along North Shore Drive apprised of any decisions made to effectively deal with the safety issues. Mr. Nelson disagreed that widening the road would help. He felt it would cause an increase in traffic speeds. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, that the Council accept the information from staff regarding County Road 51. Motion, Ayes=5, Nays=O, Motion passed. ORDINAMM AMENDMENT DELETING ANIMAL PERMIT REQUIREMENT ORDINANCE #58, 2ND SERIES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to amend Ordinance No. 9.13. Motion, Ayes-5, Nays-0, Motion passed. ORDINANCE AMENDMENT - PARK COMMISSION ORDINANCE #59 2ND SERIES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve Ordinance Amendment #59, 2nd Series, allowing eight members to the Park Commission. Motion, Ayes-5, Nays-0, Motion passed. RECLASSIFICATION OF PART-TIME OFFICE RESOLUTION #2532* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the change in positions from part time temporary to part time permanent effective upon the resignation of Officer Michael Kirnyczyk. Notion, Ayes=5, Nays=0, Motion passed. RICK DENNESON RESIGNATION* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the resignation of Rick Denneson as a part time C.S.O. wishing him the best of luck and additionally authorizing staff to seek a replacement in the Spring. Motion, Ayes=5, Nays=O, Motion passed. ELECTION CANVASSING MEETING 11/09/88* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to establish 5:00 p.m., Wednesday, November 9, 1988, as the Canvassing Board meeting for the General Elections. Motion, Ayes=5, Nays=0, Motion passed. APPOINTMENT OF ELECTION JUDGES RESOLUTION # 2 5 3 3 * It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to adopt Resolution #2533, appointing Election Judges for the General Election. Motion, Ayes=5, 14 MINUTES OF REGULAR ORONO COUNCIL MEETING OCTOBER 24,1988 APPOINTMENT OF ELECTION JUDGES CONTINUED Nays-0, Motion passed. ADMINISTRATOR'S INFORMATION* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to accept the City Administrator's Information regarding: Woodhill Avenue; County 15 Progress; Orono/Minnetonka Beach Interceptor; Lake Minnetonka Regional Park; Crystal Bay Road; and the DARE Program. Motion, Ayes=5, Nays-0, Motion passed. CITY ATTORNEY'S REPORT: City Attorney Barrett reported that Hennepin County Court denied the Art Center's Motion for Summary Judgment. LICENSES* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve the following licenses: Septic System Installers License: Duane Ritter Excavating 7120 Vernon Street Rockford, MN Industrial Utilities Inc. 2348 Driftwood Lane Stillwater, MN Charitable Gambling License: Lions Club Mound Northwest Tonka CEO -Stan R. Drahos Motion, Ayes=S, Nays-0, Motion passed. BILLS* It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to approve payment of the All Funds Accounts. Motion, Ayes=5, Nays=O, Motion passed. ADJOURNMENT-8:55 P.M. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adjourn the Regular Council Meeting at 8:55 p.m. Motion, Ayes=5, Nays=O, Motion Passed. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 15 102788.1 To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: October 27, 1988 Subject: Park Commission Survey In June of 1988, the Orono Park Commission proposed to conduct a survey of the residents of Orono to asist the Park Commission in long range planning. At that time it was recommended to develop a questionaire to be mailed to all residents by first class ;nail with a stamped, self- addressed envelope for return of the questionaire. The costs to accomplish this was estimated at $2,000 to $2,500. The Council felt that the survey could be accomplished at a lesser cost and directed staff to research the matter further. The attached questionaire would be mailed out first class but returned by way of Business Reply Mail (BRM). The costs to accomplish this method is estimated at $1,500 to $1,800. RECOMMENDATION - To approve proceeding with the survey and to authorize up to $1,800 of which monies will be used from the General Fund Contingency. PROPOSED MOTION: Moved by , seconded by , to approve conducting a parks and recreation survey and to authorize up to $1,800 of which monies will be used from the General Fund Contingency. Ayes , nays TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrato`l Forwarded recommending approval. we appreciate Bill Sime's time and expertise in helping us lower the cost. To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: November 2, 1988 Subject: #1218 Estate of Ruth Smith, 385 Orono Orchard Road South - Final Subdivision - Resolution The applicant has fulfilled all conditions of Resolution #2421, the resolution granting preliminary plat approval. Please review Mr. Gaffron's memo dated October 21, 1988 in which he confirms that the septic system serving the existing residence on Lot 1 is completely located within the boundaries of defined Lot 1. There is no longer any need to consider rearranging the shared lot line between Lots I & 2. Staff recommends approval of the final plat for the Estate of Ruth Smith and Cedric Dettloff subject to the findings and conditions set forth in the enclosed staff resolution. -Loo MITH DETTLOFF ADDITION . rw tt qar sra r/. �t#rlt �t.rr�IM ' t�rw M.qN Ifwt ............ .r tq rr. N wwr 4 ttvv.t•r. City of ORONO RESOLUTION OF THE C17y COUNCIL NO. A RESOLUTION APPROVING THE PLAT OF SMITH DETTLOFF ADDITION FILE NO. 1218 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the subdivision application for a plat by Winston R. Lindberg, the personal representative for the Estate of Ruth Smith, and Cedric Dettloff thereinafter "the subdividers"); and WHEREAS, the subdivision has been found to meet all standards of the RR-lB Rural Residential Zoning District finding that each lot is of a size and configuration that will allow its continued use as a single family residence and to be further developed without the need of any variances, and WHEREAS, the subdivider has completer'. all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution #2421. 2. Dedication on the plat of right-of-way for a public road shown as Orono Orchard Road. 3. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands described therein and shown on the plat as "drainage easements". 4. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. 5. Payment to the City of the fee for the final plat application of $150.00. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Smith Dettloff Addition, Hannepin County, Minnesota, subject to the following conditions: Page 1 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. The future owner of Lot 2, Block 1, Smith Dettloff Addition is hereby placed on notice that the existing shared driveway has been approved for the current two -lot plat. If Lot 2 is developed into 2 or more lots, the existing shared drive shall not be approved as legal access for a private road. The owner and/or future developer would have to provide a future access corridor that would meet current City standards. The future owner is further advised that access will not be allowed via the DNR and municipal designated wetland within Lot 2. 2. The owner of Lot 1 shall grant an access easement in favor of Lot 2. 3. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles on or before April 14, 1989 together with a certified original copy of this Resolution and executed copies of the easements and covenants noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of. Orono on this 14th day of November, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Page 2 of 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2421 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION APPLICATION FOR THE ESTATE OF RUTH SMITH AND CEDRICX DETTLOFF APPLICATION NO. 1218 WHEREAS, Winston R. Lindberg, a personal representative for the Estate of Ruth Smith, and Cedrick Dettloff (hereinafter the "applicants"); on October 15, 1987 file' Inrmal subdivision application with the City of Orono for a division of * - of a property legally described as: Refer to Exhibit A, cued (hereinafter "property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held public hearings on November 16, 1987, and February 16, 1988, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on May 9, 1988, the Orono City Council considered the subdivision application of applicants, noting the following findings of fact: I. The property is located within the RR-1B Single Family Rural Residential zoning district requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 16.1 a ..es, 2.1 acres of designated wetlands shall be excluded from the dry ouildable lot area credits for the subdivision. 3. The proposed plat consists of 2 lots each exceeding the 2 acre minimum lot area requirement. 4. The 2 lots shall be served by an existing shared driveway through Lot 1. The existing curb cut and access drive has been approved for only a 2 lot use. 5. Both lots meet the required 200' width adjacent to the road to the rear of the front yard setback line. Single family residence structures can be constructed on both lots without the need of any variances. Page 1 of 4 6. Septic adaquate and systems. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2421 testing has confirmed that the proposed lots contain suitable soils for alternate on -site sewage disposal NOW, THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of the Estate of Ruth Smith and Cedrick Dettloff per plat drawing by Mark S. Gronberg of Coffin and Gronberg, Inc. dated September 13, 1987 with revisions dated September 16 and October 16, 1987 subject to the following conditions: 1. Prior to the issuance of building permits for new construction on either of the two lots, the final plat must be filed by the City with either the Hennepin County Recorders office or the Registrar of Titles. 2. Prior to final plat approval the owner of Lot 1, Cedrick Dettloff VY-//'must submit confirmation to this City of the exact location of the existing septic system that serves the residence stricture on Lot 1. If the existing system does encroach into Lot 2, Dettloff must agree in writing to install a new system by June 1, 1989. 3. The existing shared driveway has been approved for the current 2 lot plat. If Lot 2 is developed into 2 or more lots, the existing shared drive shall not be approved as appropriate or legal -access. A future access corridor must be provided. Access shall not be allowed via the designated wetland in Lot 2. Final submittals The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1. RECORD PL;�T dra-rings in the form of two (2) myla copies and one (1) copy reduced to 1"=200'. Drawing to include: a) Lot lines platted per preliminary draw rigs by Mark S. Gronberg dated September 13, 1987, revision dates September 16, 1987, October 16, 1987. b) Dedication of "drainage and utility easements" 10' wide Tong all perimeter property lines and 5' each sine of internal property lines. Omit along the wetlands on the east side of lot 2. Page 2 of 4 City of ORON.0, RESOLUTION OF THE CITY COUNCIL NO. 2421 c) Dedication of 33' of road right-of-way for Orono Orchard Road as shown on preliminary Flat. d) Designate wetland as drainage easements and describe in angles and bearings (small wetlands in west portion Lot 2 to be designated on final plat if not resolved prior to final plat application). 2. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall �Z7/J47 sign the p.Lat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed flowage and conservation easement over drainage easements within the plat (see sample enclosed). d ) A., agreement signed by Mr. Dettloff that he would agree to install a new system on Lot 1 if existing system is found to encroach Lot 2. 3. FEES TO BE PAID: Total Due $300.00 a) Fin:L plat fee - $150.00. b) Legal review and filing fees of $150.00. Adopted by the City Council of. the City of Orono, Minnesota at a regular meeting held this 9th day of May, 1988. fi L 4:: � 2�'- - 7-h• . orothy M allin, City Clerk Jame R. Grabek',--Mayor .ge 3 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2421 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN 1 On this day of _ , 198 before me d Notary Public within and for said ccunt.,'personally, appeared kncwn to me to be the person(s) described in and who ext;uted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESO-TA ) )ss. COUNTY OF HENNFPIN ) On this day of , 198 , before me a Notary Punl:c 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 the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 Re -Sol. //" Avg I -Ly 6. '.) LEGAL DESCRIPTIO'O ' APPLICATION OF RUTH E. SMITH ESTATE Beginning at a pcint on the South line of the Northwest quarter of Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian., distant 516 feet East of the Southwest corner of the Southwest Quarter of the Northwest quarter of said section; thence East along said South line to the Southeast corner of said Southwest quarter of the Northwest quarter; thence North along the East line of said Southwest quarter of the Northwest quarter a distance of 538.7 feet; thence West parallel with the South line of said Southwest quarter of the Northwest quarter a distance of 150.3 feet; thence deflecting right 40 degrees 44 minutes a distance of 216.4 feet; thence West and parallel with said South line a distance of 495.3 feet; thence South to the point of beginning. ALSO all that part of the Southwest quarter of the Northwest quarter of Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the East line of said Southwest quarter of the Northwest quarter which is 520.7 feet South of the Northeast corner of said Southwest quarter of the Northwest quarter; thence South on said East line to a point which is 538.7 feet North of the Southeast corner of said Southwest quarter of the Northwest quarter; thence West parallel with the South line of said Southwest quarter of the Northwest quarter a distance of 150.3 fee ; thence deflecting to the right at an angle of 40 degrees 44 minutes a distance of 216.4 feet; thence West parallel with said South line a distance of 495.3 feet; thence North parallel to the West line of said Southwest quarter of the Northwest quarter to a point 400 feet South of the North line of said Southwest quarter of the Northwest quarter as measured along the West line thereof; thence East and parallel to said North li 2 to a point along said parallel line 176.0 feet West of ..ne East line of said Southwest eivarter of the Northwest quarter; thence Southeasterly to the point of beginning. To: Jeanne A. Mabusth, Building & Zoning Administrator From: Michael P. Gaffes-n, Asst Planning a Zoning Administrator Dates October 21, 1988 Subject: #1218 Estate of Ruth Smith - Septic System Location Confirmation Situation - The trench is dug. I have checked it out. Encountered no drainfield. No need to re-route (the lot line). bi To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 1, 1988 Subject: #1323 Jon W. Papas, 3369 Crystal Bay Road - After -the -Fact Variance - Denial Resolution List of Exhibits Exhibit A - Planning Commission Action Notice of 10/26/88 Exhibit B - Proposed Denial Resolution Per the Council's action of October 24, 1988, staff has drafted a resolution for denial of after -the -fact variances for t►-: deck constructed at 3369 Crystal Bay Road. The resolution as drafted requires removal of the deck no later than December 15, 1988, but allows a front step structure to be constructed which will comprise no more than 30 s.f. in area or hardcover. PROPOSED MOTION - Moved by , seconded by , to adopt Resolution No. denying after -the -fact variances for Jon W. Papas at 3369 Crystal Bay Road, based on the findings of fact contained in that resolution. Ayes , nays APPLICATION NO. 1323 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/26/88 --------------------------------------------------------------------------- TO: Jon W. Papas COPIES: 3369 Crystal Bay Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------ DATE OF MEETING: 10/24/88 VOTE: 5 For 0 Against COUNCIL ACTION - MOTION: To deny after -the -fact approval for the 101x20' deck, but allow construction of a front doorstep to provide access to the front door. Staff will draft a resolution reflecting the above action, to be presented for final Council adoption at their November 14, 1988 meeting (consent agenda item; applicant need not be present). You advised to have the deck removed no later than December 15, 1988. If you desire certified of tiie official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. A RESOLUTION DENYING VARIANCES TO MUNICIPAL CODE SECTION 10.22, SUBDIVISIONS 1 i 2 FILE NO. 1323 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuart to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted Zoning Regulations for the protection of the public health, safety and general welfare; and WHEREAS, Jon W. Papas (hereinafter "the applicant") is the owner of the property located at 3369 Crystal Bay Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 14, Wallaces Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after -the -fact variances to Municipal Zoning Code Section 10.22, Subdivision 1 and 2 to grant after -the -fact approval for construction of a deck which constitutes hardcover in the 0-75' lakeshore setback zone in excess of the 25% hardcover normally allowed, and which constitutes structure within the 75' lakeshore setback where no structure is normally allowed, and which encroaches nearer the lake than the defined average lakeshore setback line where no encroachment is normally allowed; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; the comments and written statements submitted by the neighboring property owners; and the comments and written statements of the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby denies the requested hardcover, setback and average setback variances for the property described above based upon one or more of the following findings of fact concerning this property: 1. The property is located in the LR-IC, Single Family Lakeshore Residential Zoning District. 2. The existing residence structure is located 65' from the shoreline of Lake Minnetonka. Page 1 of 3 3. The applicant constructed the existing deck in the spring and summer of 1988 without the required building permit, in violation of the City's hardcover, lakeshore setback and average lakeshore setback ordinances. The deck that was constructed is only 55' from the shore- line of Lake Minnetonka, where a 75' setback is normally required. The deck encroaches 11' past the average lakeshore setback line where no encroachment is normally allowed. The deck increases the hardcover in the 0-75' lakeshore setback zone to 26.3% where no hardcover is norms 1 ly a 1 lowed. 4. The applicant has demonstrated no adequate hardships to justify granting of after -the -fact variances to allow the structure to remain. 5. Granting of the after -the -fact variances would not enhance Orono's goal of maintaining the quality of water entering Lake Minnetonka. 6. Approval of after -the -fact variances for the deck would be inconsistent with contemporary variance approvals granted by the City. 7. The Planning Commission reviewed this application at their regular meeting of October 17, 1988 and voted 5 in favor, 2 against, to recommend denial of the after -the -fact variances, finding that: A. No hardship was presented that adequately justifies the after -the -fact variances. B. Approval of the structure will not enhance the quality of water entering Lake Minnetonka. C. This application, if it had been before -the -fact, would likely have not been approved since approval would be inconsistent with past City practice in similar situations. 8. The City Council finds that because the residence has a front door which previously had a front step for access, which was removed to accommodate the deck, it is appropriate for the applicant to replace the front step as necessary to provide safe access to the house. Such front step structure and its associated hardcover shall not exceed 30 s.f. 9. After -the -fact approval cannot be granted because such approval would not meet the special conditions of Municipal Code Section 10.08, Subdivision 3 regarding demonstration of a hardship, as follows: A. The property in question car, be put to a reasonable use if used under conditions allowed by the official controls. Page 2 of 3 B. The plight of landowner is due to circumstances created by the landowner. C. The variances if granted will alter the essential character of the locality, by extending structures closer to the lake than the neighboring properties. D. Economic consideration, including the fact that the structure has already been L•uilt, is not an undue hardship because a reasonable use for the property exists under the conditions allowed by the Zoning Chapter. E. The same conditions applying to the structure in question apply generally to other land and structures in the district and are not peculiar to this property. F. The granting of the variances is not necessary for preservation and enjoyment of a substantial property right of the applicant. G. The granting of the variances would be contrary to the intent of the Zoning Code. H. The granting of the variances would serve merely as a convenience to the applicant but is not necessary to alleviate demonstrable hardship or difficulty. 10. The property owner shall remove the 101x20' deck structure by December 15, 1988. Adopteu by the City Council of the City of Orono this 14th day of November, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor f� Page 3 of 3 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Frou: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 8, 1988 Subject: #1329 Thomas McNellis, 355 Woodhill Road - Variance Application - Request for front setback variance and wetland setback variance. List of Exhibits Exhibit A - Notice of Planning Commission Action 10/21/88 Exhibit B - Memo & Exhibits of 10/10/88 Exhibit C - Planning Commission Minutes of 10/17/88 Discussion - Please review the memo and exhibits of October 10, 1988 including the September 14, 1988 memo. The applicants are proposing to construct a new residence on a lot within the Woodhill Ridge subdivision, approved in 1987. Due to the nature of the lot, the applicants originally requested variances to allow a 28' front yard setback where a 50' setback would normally be required, and proposed to encroach with portion of house, decks and retaining walls, as much as 20' into the 26' required wetlands setback. After the initial Planning Ccmmission review, the applicants returned to Planning Commission with a less intensive proposal, requiring only a 13' front setback variance and including a 4' cantilevered encroachment into the 26' wetland setback. This proposal received a Planning Commission recommendation for denial on a vote of 4-3. Note that the Planning Commission made three motions, as follows: 1. Approve the front yard setback variance, deny the 4' wetland encroachment (motion failed 3-4). 2. Approve both variances (motion failed 2-5). 3. Deny both variances (motion passed 4-3). Planning Commission's recommendation for denial was based on finding no adequate hardships to justify the variances, especially for development of a lot that was so recently created. It is the Planning Commission's position that the applicant bought the property knowirg full well the City's setback requirements, and any need for variance is created by the property owner, not by the property itself. In previous memos, which are attached, staff has included exhibits showing the building envelope which was approved with the subdivision. Zoning File #1329 November 8, 1988 Page 2 of 2 Staff Recn�endation - Although the applicant and his architect have suggested that the best development plan for the property will require variances, staff concurs with the Planning Commission's majority opinion, that setback variances are hard to justify on such a new lot that was created according to all current standards. Because of the Planning Commission's 4-3 vote for denial, staff has not drafted a final resolution. A resolution reflecting Council's action on this application will be drafted for your next meeting. 'lb: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 10, 1988 Subject: #1329 Thomas McNellis, 355 Woodhill Road - Variance - Continuation of Public Hearing List of Exhibits Exhibit A - Rev -c, Site Plan Exhibit B - Plai.,iing Commission. Action Notice of 9/21/88 Exhibit C - Planning Commission Minutes of 9/19/68 Exhibit D - Memo & Exhibits of 9/14/88 Discussion - The applicants have revised their request by revising deck configurations and the garage orientation, and have moved the house slightly further south, so that the only variance needed is for the front setback at the southeast corner of the house which will be 37' from the front lot line rather than the required 50' setback. The current proposal requires no work in the 26' wetland setback area. Staff Reco�endation - If Planning Commisson feels that the hardships suggested by the a, plicant are valid, and if Planning Commission recommends approval of the revised variance request, staff would suggest the following conditions of approval: 1. Any additional encroachments o: changes to the footprint and site plan must be approved by the City. 2. Absolutely no grading work is allowed within 26' of the Drainage and Conservation and Flowage Easements. 3. Appropriate erosion control measures shall be in place during all phases of construction of this residence, to insure that no sediments enter the wetland. 4. Staff would note for the record that necessary grading to accomplish crossing of the drainage easement for construction of the septic system was approved when the lot was subdivided, hence that would be the only grading work anticipated within the drainage easement area. ... L/ �v L' i?,: ,' v C G . I TA 1 '� ZONING FILE NO. 1329 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/21/88 --------------------------------------------------------------------------- TO: Thomas McNellis COPIES TO: Arthur Dickey Architects 5201 Ridge Road 4930 France Avenue South Edina, MN 55436 Minneapolis, MN 55410 TYPE OF APPLICATION: Variance -------------------------------------- --------------------- DATE OF MEETING: 10/17/88 VOTE: 4 For 3 Against Planning Commission recommends the following: Denial for reasons noted below AND SPECIAL CONDITIONS: Planning Commission recommended 4-3 to deny the requests for a 13' front yard setback variance and 4' wetland setback encroachment variance, finding no adequate hardships to justify such variances for development of this recently -created lot. Per phone discussion with Mr. Dickey, applicant's next meeting will not be scheduled until applicant advises staff that he wishes to appear before Council. If you desire certified copies of the official Planning C,. :,issi,.n minutes, they are available from the City Recorder after re few and approval by the Planning Commission. ZONING FILE NO. #1329 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 9-21-88 --------------------------------------------------------------------------- TO: Thomas McNellis COPIES TO: Arthur Dickey Architects 5201 Ridge Road 4930 France Avenue South Edina, MN 55436 Minneapolis, MN 55410 TYPE OF APPLICATION: Varlance ----------------------------------------------------------- DATE OF MEETING: 9-19-88 VOTE: 5 For 0 Against Planning Comission recoa nds the . :lowing: Tabled for reasons noted bPlc-r NOTES AND SPECIAL CONDITIONS: Planning Commission expressed reservations regarding granting setback variances for a lot that was so recently created. Rather than recommending denial, Planning Commission tabled this request in order to give applicants additional time to consider possible revisions to the proposal. Please advise staff assoon as possible whether you plan to submit a revised proposal. Applicant's next scheduled meeting is depei.ent upon receipt of additional information. Deadline for the October 3, 1988 meeting is September 26, 1988 or October 10, 1988 for the October 17, 1988 meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the. Planning Commission. MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 19, 1988 ZONING FILE #1324-GREGORY CONTINUED Nays=O, Motion passed. #1325 LAX EVIEN GOLF OF ORONO, INC. 405 NORTH ARM DRIVE CONDITIONAL USE PERMIT PUBLIC HEARING 7:40 P.M. - 7:42 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was present for this matter. Assistant Planninq and Zoning Administrator Gaffron aptrised the Planning Commission of the applicant's intent to excavate 3 small ponds and create a new tee box within the golf course property. These proposed projects are all to take place within an area adjacent to County Road 1:3, at the west side of the golf course. The ponds would enhance not only the aest tic quality of the course, but also the challenge of the game itself. They should also aid in eliminating on-go-ag maintenance problems in wet areas. The tee box is being relocated because of complaints from neighboring prope-' '_es. The new location will place the tee box approximately 1 further away from the neighboring property. There will be some fill removed and the spoils will be deposited in a location where there will be no adverse effect on drainage. The City Engineer and the Minnehaha Creek Watershed District has reviewed and approved the proposal. ,-, ere were no comments from the public regarding this matter and the public hearing was closed. - Mr. Wenkstern explained that he was hoping to eliminate some water problems by i,nstalll - the ponds and relocating the tee box should redirect the golf b,.11s away from the road and passing cars. It was mol-id bl . Lirman Kelley, secondad by Planning Commission memo; r Cohe.., to recommend approval of app.,. zcation #1325 for a cor- Ltiona:l use r:ermit for excavating pond areas and a tee box. Planning Commission member Bellows inquired as to whether it would be beneficial to relocate the green to avoid road traffic. Planning Commission m^.°giber Cohen interjezted that the present location of the green should not be a problem once the tee box is relocated. Kelley aided th.l- it would be vexy costly to relocate a green. Motlo , Ay , -i, Nays=G, Mot. -n passed. #1329 THOMAS MCNELIS 355 WOODHILL ROAD VARIANCE PUBLIC SEARING 7:52 P.M. -a:12 P.M. The Affidavit of Publication and Certificate `tailing were nc ted. 19 MINUTES OF THE PLANNING COMMISSION MEETING SBPTB1(8ER 19, 1988 ZONING FILE #1329-MCNELLIS CONTINUE') The applicants were present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that applicants were seeking variances to a front yard setaback and 26' wetland setback. the lot was originally created from the Woodhill Ridge subdivision and accesses through Woodhill Road. Originally the lot was platted with full knowledge of the existing wetland and drainage easement. There is a 50' front setback and 30' side setback and a 26' wetland setback. The applicants may not have been aware of the 26' wetland setback. Kelley inquired as to when the subdivision was completed. Gaffron replied 1986/1987. Gaffron showed the Planning Commission a topographical view of the area and stated that the property contains a steep slope going down to the wetland area. The space left for the building envelope is approximately 65' in depth and 200'-250' in length. The proposed setbacks for the house would be 37' and 28' where 50' is required. The deck, retaining wall and a corner of the house would all encroach into the wetland area. The applicants are also proposing to place fill east of and at both ends of the retaining wall, which is within the boundaries of the Drainage and Conservation and Flowage Easements. Staffs initial reaction to this was that a linear concept house would be more appropriate for this particular lot. The applicants are proposing an "L" shaped house. Gaffron questioned whether there was a hardship that would justify granting all of the setback variances. Planning Commission member Johnson inquired as to the length and width of the house, from front to back, top to bottom. Gaffron responded that the proposed length south to north is about 120' with the east -west dimension at the garage area about 90'. Mr. McNellis stated that the variances would differ depending upon the location of the front of the lot. In looking at adjacent property, what has been determined as the front of the lot is different from the McNellis property. The proposed McNellis house would face the private road that accesses the old Pillsbury house. There is an adjacent lot which was plotted so that the back of the lot is on the road, which is also where the utility lines connect to that property. The McNellis lot is an unusual piece of land; it is 3 1/4 acres, but only 11% is suitable for building. Planning Commission member Bellows inquired whether the Carpenter property accessed off of the same private "Pillsbury Road". Gaffron explained that property actually accessed off of Russell, but at one time there was a connection. Chairman Kelley stated that when the subdivision off of Woodhill was done, the developers were told to close off that connection. MINUTES OF THE PLANNING COMMISSION METING SEPTEMBER 19, 1988 ZONING FILE #1329-MCNELLIS CONTI2NUED Mr. McNellis explained the topography of the lot to the road; the property slopes and then levels out. This level spot would be the natural building location. The property then slopes again to the drainage easement and where it goes back up, there is another level spot where the septic system for the proposed house would be located. Mr. McNellis stated that Mr. Dickey was asked to design a house that would not only accomodate their living needs, but that would also adhere to the irregular shape of the lot. He was especially concerned about preserv4ng the mature trees on the property. The proposed home should bend in with the lot and should not create much disturbance of the surrounding area. Because of the private road that comes into the lot, there is no parking area. As the road comes up the hill at an elevation of 84, that would be the proposed location of the driveway. This would allow for very little excavation for a nearly level driveway and sufficient off-street parking. There is a strip of land that was sold to Mr. Prudden when the Pillsbury property was sold. Over part of this strip there is an easement for driveway access, and that strip, together with the setback, leaves more than 50' from the road. The proposed plan was presented to Mr. Prudden, who indicated that he liked the plan. The layout of the land lends itself perfectly to a walk -out style home. There is a 10' slope to the back of the proposed house which will only require "notching in" the house to the hillside. Planning Commission member Johnson asked Mr. McNellis if all of the trees on the property were mature maples. Mr. McNellis replied that there are oak trees as well, but maples are predominant. Planning Commission member Bellows asked about the Prudden easement. Zoning Administrator Mabusth stated that there could not be a connecting road, although there accesses have been located around the Prudden property. There is a section of land that is supposed to serve the lower lot that had to be acquired through the Prudden parcel. The parcel is land -locked in a sense. The access is around the northern side of the Prudden property, but the McNellis property is blocked on their side. However, Mr. McNellis is referring to another easement. Mr. McNellis stated that the Prudden easement Bellows was referring to was to come through his lot. The driveway would come in through the Prudden property by way of an easement. Planning Commission member Johnson asked whether another subdivision would be possible in the future. Gaffron and Mabusth concurred that would be possible. His concern is that the subdivision was just before the Planning Commission a year and a half ago. At that time, the Planning Commission tried to allow adequate building envelopes and now one of the first houses built in the subdivision is asking for variances. Mr. McNellis stated that there is enough room to build vertically which would be more obtrusive to the neighboring property. Planning 28 MINUTES OF THE PLANNING COMMISSION METING SEPTEMBER 19, 1988 ZONING FILED #1329-MCNELLIS CONTINUED Commission member Bellows interjected that there could be other ways to design an adequately -sized house as a one story house. Planning Commission member Cohen stated that if Mr. McNellis were to buy the strip of property from Prudden, he would conform to to that setback. Planning Commission member Hanson stated that is somewhat compelling that the *oddball chunk of Prudden property" could rationalize beyond the 50'. Chairman Kelley asked Mr. McNellis if he now owned the property. Mr. McNellis answered affirmatively. Kelley explained that there is no hardship. Mr. McNellis stated that the trees would be a hardship. Bellows pointed out that the present proposal would kill 19 trees. She also corrected Cohen and Hanson with regard to the Prudden easement. It would apply only to the southern end of the property, not the 28' at the top. Zoning Administrator Mabusth confirmed Bellow's observation and indicated that a lot line rearrangement would be necessary for applicant to obtain a portion of Prudden's property. Chairman Kelley addressed the issue as to where the front of the lot was located. Bellows stated that the definition of "front" as being that frontage which faces, is on or parallel to the road. Mr. McNellis argued that the road was actually a driveway. Bellows responded that it was Mr. McNellis' access and there was no question as to the location of the front of the lot. Bellows said that she agreed that the site was not easily buildable, but there were no hardships presented. She would have a difficult time granting the number of variances requested. Planning Commission member Hanson asked about the septic system. Assistant Planning and Zoning Administrator Gaffron replied that the septic system would be placed across on the high ground, west of the drainage easement. Hanson asked if applicant would need to pump uphill. Gaffron responded in the affirmative. Cohen asked if that was a feasible project. Hanson responded that it was feasible, but undesireable. There were no comments from the public regarding this matter and the public hearing was closed. Mr. McNellis expressed his desire to address the 26' rear setback. He explained that a portion of the lot was shaped like a deep dish, that would decline and then incline. The proposal is to have a portion of the deck that would be 20' above the runoff area. It seemed to him that the 26' setback would apply to different topography, as there would be no restriction of water running upstream or downstream. Planning Commission member Bellows stated that the retaining wall was the problem, not the deck footing. Mr. Dickey, the applicants' architect explained that there was a necessity to retain the earth. Bellows acknowledged that fact, but added that it should be retained outside of the 26' setback. Mr. Dickey said that the narrow 29 MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 19, 1988 ZONING TILE #1329-MCNELLIS CONTINUED width of the lot was a hardship the Planning Commission overlooked. 65' was not a lot of space in which to build the proposed house. Planning Commission member Cohen stated that the applicant should have been aware of the restrictions prior to buying the lot_ Mr. McNellis agreed, but said he did not understand all of the variances. The 26' setback from the 10' easement came as a surprise to him. Mr. McNellis reiterated the fact that the house would be virtually invisible. Bellows explained to Mr. McNellis that the Planning Commission's concern was how the land works, not who can see the house. It may be true that the proposed house had very little visual impact, however, it does present quite a bit of environmental impact. The applicant requested the Planning Commission table this matter and allow him the opportunity to do more study of how to approach the variance problems. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Bellows, to table this item. Motion, Ayes-5, Nays=O, Motion passed. #1332 MARCELO GUMUCIO 980 PERPDALE ROAD WEST AFTER -THE -FACT VARIANCES PUBLIC BEARING - 11:27 P.M. - 11:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant's architect was present in lieu of the applicant. Planning Commission member Bellows stated that the architect should be fined for his lack of compliance with the City's variance requirements. She felt that the language setting forth the requirements was perfectly clear. She did not think that the applicant/owner should be penalized for the unprofessionalism of the architect. The architect stated that he thought it ridiculous to have to come before the Planning Commission for the type of pillars he was pr-)posing. The guidelines were not specific as to those items. "'here were no comments from the public rLgarding this matter and the public hearing was closed. It was moved by Planning Commission member Johnson, seconded by Planning Commission member Hanson, to recommend approval of #1332, per staff recommendations. Chairman Kelley inquired as to the hardship in this instance. The architect indicated that safety was a factor in that the lights on the pillars were necessary to light an inadequately lit driveway. Motion, Ayes-4, Kelley -Nay due to a lack of hardship. 30 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: September 14, 1988 Subject: #1329 Thomas McNellis, 355 Woodhill Road - Variances - Public Hearing Application - Request for 50' front yard and 26' wetland setback variances to construct a new residence. Zoning District - RR-lB List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Letter of Request Exhibit E - Site Plan Showing Required Setbacks Exhibit F - Topographic Survey Showing Originally Approved Building Envelope Exhibit G - Proposed Site Plan With Staff Notations Exhibit H - Full Sized Copy of Proposed Site Plan Exhibit I - Relationship to Private Road and Area Development Pertinent Facts - 1. This lot was platted recently as Lot 3, Block 1 of Woodhill Ridge. At the time of subdivision, the building envelope approved was in the easterly half of the lot, about 65' in depth and just over 200' in width (see Exhibit F). 2. The property owner and his architect initially requested a front setback variance to allow construction of a new residence approximately 20' from the front lot line. They have additionally revised that request to ask for a variance to the 26' wetland setback in order to construct the house slightly further west on the property and apparently decrease the required front yard setback. Zoning File #1329 September 14, 1988 Page 2 of 3 3. Encroachments proposed into the 26' wetland setback are as follows: A) Southerly and northerly decks, encroaching 1' and 10' respectively into the 26' setback. B) Encroachment of one corner of the house, no more than 5' into the 26' setback. C) Proposed retaining wall for approximately a 50' length is encroaching 8' into the 26' setback, to a northerly point that encroaches 20' into the 26' setback (see Exhibit G). D) Fill is proposed east of and at both ends of the retaining wall. 4. Per Exhibit G, the applicant is requesting a front yard setback of 28' where a 50' front setback is normally required. No side setback variance is required. Discussion - Please review the letter from applicant's architect. Staff would concur with the statement that this property has a relatively small building envelope compared to the total lot area. The lot also would seem to lend itself to a particularly linear design framework. The proposed footprint does not strictly stay in keeping with the linear concept that the normal building envelope would allow. You may recall from the subdivision review that the wetland on this property is essentially a bowl shaped area, with a relatively small watershed draining into it. This wetland was designated and a Conservation and Flowage Easement granted over it and its outlet area during the subdivision. The nature of the drainageway south of the wetland would indicate that this wetland rarely rises to a height that would result in overflow. This wetland is relatively high in the watershed, and the proposed encroachment into the 26' setback, but not into the wetland itself, would seem to pose no threat to the storage capability of the wetland, nor will it have a significant effect on water quality. I would also note that the proposed basement floor elevations is approximately 12' above the outlet elevation, hence flooding of the house is not a concern. Zoning File #1329 September 14, 1988 Page 3 of 3 Also in regards to the wetland setback, note that at the north end of the house there will be a minor amount of filling within the 26' wetland setback, but no fill is proposed in a location less than 4' above the wetland outlet elevation. Regarding the front yard setback, note that the proposed encroaching house corners are 37' and 28' respectively from the front lot line while being 73' and 55' respectively from the actual pavement of the private road. The proposed driveway and apron will cover much of the front yard area. Staff Recomendation - Staff's initial reaction is that a house could certainly be designed to fit the limited building envelope normally required, however, aesthetic and functional concerns have led the applicant and his architect to the proposed design. Staff feels the requested variances will have no significant impact on the wetland nor on the quality of run-off that ultimately may enter Lake Minnetonka from this sight. Planning Commission may wish to review Exhibit I, which shows the layout of the existing private road which serves this residence and the former Pillsbury residence to the east. All other lots of the Woodhill Ridge subdivision will access off Woodhill Avenue. If Planning Commission feels that the hardships suggested by the architect are valid, and if Planning Commission recommends approval of the requested variances, staff would suggest the following conditions of approval: 1. Any additional encroachments or changes to the footprint and site plan must be approved by the City. 2. Absolutely no grading work will be allowed within the boundaries of the Drainage and Conservation and Flowage Easements. 3. Appropriate erosion control measures shall be in place during all phases of construction of this residence, to insure that no sediments enter the wetland. 4. Removal of fallen trees and debris within the drainage easement setback area will be allowed, but no grade changes other than those proposed on the approved site plan will be allowed. 5. Applicant is advised to contact the M.C.W.D. to determine whether they will require a permit for th-'s work. 74 Mown l may✓' +✓ - r - + CITY OF ORONO - VARIANCE APPLICATION ..Q J�7" t f� +J � �e f . J� � i • 1 Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original applica ::.on) After -the -Fact Fees (Doubles application fee) ----------------------------------------------------------- PROPERTY LOCATION Site Address 355 Woodhill Road, Wayzata, MN 55391 Property Identification Number (P.I.D.) 021.1723240010 1: y t�.t L•I.fS lvt•L•\ Please check one - Property abstract or X torrens? Attach legal description to application if not included ot::ti:�' L "ice -+ �:: required survey. APPLICANT Phone (home) Name Arthur Dickey Architects, Inc. Phone (work) 920-3993 Address: 4930 France Avenue South City: Minneapolis Zip: 55410 --------------------------------------------------------------------------- OWNER (if different than applicant) Phone ( home) 936-0072 Name Thomas McNel 1 i s Phone (work) 921-8666 Address: 5201 Ridge Road City: Edina, HN Zip:_55436__..,, Date Property Acquired January, 1988 12ea-r r ;rcc 6- ( month eat- L•r , 14 q . 1 .• ),1A11r1 1 rr•Y�VVV VV - - I Md (do not) also own the adjacent parcels of land. VA ----------------------------------------------------------- L r,.•L..L'OK---ii---�,:• PRESENT USE OF PROPERTY _ r[L.Lr.11 , rrrnn, Residential ' ' " •� -'�,r Present Zoning District •;c ;++, t• , , Present Use of Property Single Family Residential ---- - - Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ 525,000 Describe request in detail: Reduce front setback from 50' to 20' to accommodate setback from drainagg easement and huildingPnvpinpo --------------------------------------------------------------- VARIANCES REQUIRED Lot'Area Lot Width Hardcover Setback Variances ( X Front Side Rear) Other HARDSHIP Describe undue hardship or practical diffiiculty resulting from strict. enforcement of zoning regulations • Only 11.6°6 of t ie lot remains after takking int account the drainage setback & front setback severely limiting options for development._* --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing comppliance with Zoning Code Requirements: The drainage easement required for ponding bisects the lot; the 26' setback from that line along with the front setback urt er limits eve opment. --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ---------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------•------------------------------------------------------------------ Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees l:o provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurre in review of this application, and certifies that the information sup flied is true and co ect to the best of his/her knowledge. � 1 9 1 / 4:/ Applicant's SignaturLie,,�� Date I r d 0_4 i 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 20fts est. L Y�du� -WOwner's Signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. 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. * See attached sketch w O�� rip 41 It � E M 3 Isis 4� 1• � .v >w ben �. C i' InAcO i3 / y .► i� 71 Ad /� • V I 4 61 t •. -P �'= = ml STOCK 12 Z � �• EVONKA BLUFFS T • '`' t .I I! a DICKENSON ST'77 •' P1y,! " it o • ��� . 1� / sail• N o •_} 1( i 12! If f:• .! ARTHUR DICKE1 ARCHITECTS. 1\C. �11.uu1.1A-U..%. s %I.1R1 B. 111 1 \D.A.I.A. 9 September 1988 CITY OF OROM P.O. Box 66 Crystal Bay, MQ 55323 Attn: Mr. Mike Gaffron Assistant Planning and Zoning Administrator RE: VARIANCE APPLICATIM NO. 1329 THDMS M 4ELLIS RESIDENCE 355 Woodhill Road, Wayzata, MN 55391 Dear Mr. Gaffron: The Owner of the above referenced property wishes to amend the variance application as follows (please refer also to enclosed site plan): The purpose of this variance request is to obtain the best land use possible by minimizing the impact on the property and surrounding land. The intent in siting the residence on the property is to blend the house into the natural landscape by moving a minimal amount of a:oil and thereby saving as many trees as possible. In so doing, the natural habitat for wildlife will be preserved. In order to obtain the best possible land use, a rear variance from the required 26 foof setback from the drainage easement is requested, in addition to the 30 foot front setback variance originally requested. The conditions of this variance will be as follows: 1. Portions of two decks will extend beyond the 26 foot drainage easement setback. The underside of the deck shall be a mimimum of 15 feet above the low point of the drainage ditch. A maximum of two columns supporting these decks shall extend past the setback; the base of the column at grade shall be a minimum of 6 feet above the low point of the drainage ditch. 2. A portion of the house will extend beyond the drainage easement setback. At no point shall the foundation extend more than 5 feet beyond this setback, and no more than 1% of the floor area shall extend beyond the setback. J &1.111< %'.t :. %%1 %1 1 1,4 1I 111 %111.'.i %I'01 IN. N11%'�1 NO % 4441.1.17•+4 -1 )'.I. t441 RUN DATE W16/88 BATCH 002 38 02-111-23 13 0006 PROP ADOR 00315 WOOOHILL RD OWNER NAME JOWN 0 i STEPHANIE PRUDDEN TAXPAYEP J014N D i STEPHANIE PRUDDEN NAME/ADDR 315 MOOOHILL RD WAYZATA MN 55391 38 02-117-E3 24 0006 PROP ADOR 00360 GROW ORCHARD RD s OMER NAME S A H OSBORN TAXPAYER STEELE B OSBORN NAWWE/ADDR 360 ORONO ORCHARD RD WAYZATA MN SS391 38 02-117-23 24 0011 PROP ADOR 01255 WOODHILL AVE OWNER NAME LUCY C MITCHELL TAXPAYER LUCY C MITCHELL NAME/ADDR '743 N WILLOW OR LONG LAKE MN SS356 PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH OOZ 00009 NAME/ADDR HENWEPIN COtlNTY PROPERTY INFORMATIUH SYSTEM PROPERTY OWNERS LIST 38 02-117-23 24 0002 00320 OROND ORCHARD RD S B A P JAFFRAY BEHJAMIN 3 JAFFRAY 320 ORONO ORCHARD RD S 14AIZATA MN 55391 38 02-117-23 24 0009 01260 WOOOHILL AVE MSM ASSOCIATES MSM ASSOCIATES 315 E LAKE ST WAYZATA MN 55391 38 02-117-23 31 0947 00450 ORONO ORCHARD RD S EDWWARD H HAM EDWARD H HAM 408 ST PETER ST ST PAUL MN 55102 REPORT NO. P1435401 PAGE 3 38 02-117-23 24 0004 - 00320 ORONO ORCHARD RD S B A P JAFFRAY BENJAMIN S JAFFRAY 320 ORONO ORCHARD RD S WAYZATA MN 55391 36 02-117-23 24 0010 cv� 00355 WOOOHILL RD MSM ASSOCIATES THOMAS E MCHELLIS 5201 RIDGE RD EDINA MN 55436 36 02-117-23 42 0010 00038 ADDRESS UNASSIGNED WWOUDHILL COUNTRY CLUB 3 WWDOOHILL COUNTRY CLUB 200 WWDOOHILL RD WAYZATA MN 55391 I CERTIFY TIWAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF IHFORMATION AS IT APPEARS THIS DATC ON THE RECORDS OF THE IIEIRIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MT KNOWLEDGE AND BELIEF. DATE l (i BY1� 1, l�l l�)� k,) ti, mee,�--� ro-i I :.AT 304 Vr Af2CA Ff—" ot,%iHIH4 -;p fr LDj Z�_ erf j LOT tL..06K-! WoorN4iLLF-Im4f, �ffl-41HC-rH Md_ CITY OF ORONO mt. Mike Graffron 9 September 1988 Page 2 of 2 3. Retaining walls will be located within the 26 foot drainage easement setback. These retaining walls shall be utilized to prevent soil erosion, save mature trees, and evenly disperse water into the drainage area. 4. The drainage easement setback area shall be cleared of fallen trees and debris by the Owner, thereby improving hhe free flow of water which currently exists. A severe hardship exists for developing this property with current setbacks. The drainage easement bisects the property; only 11.6% of the property remains for development with the required setbacks. Granting a variance for the drainage easement setback would allow a free flow of water in the drainage area during the heaviest rainfall. The house will better blend into its natural site, and many mature trees will be saved over alternate siting possibilitiPz. The variance will have no impact on the neighbors. The owner has r. sewed the site plan with Jahn Prudden, who has indicated that he is pleased with the plan and has no objection to a 30 foot front yard variance. We appreciate your consideration in this matter. Thank you. Sincerely, Mary S. Hustad, A.I.A. MBH/tgl encl. ZTOP06RAPNIC _Cu 12v Fy (Aff,mvet) BuJf,D/N G % P j ' y; brti or r go aG�es Gies 3 a N .D N e5�01 1 D N 5F 9 - N #41 F Z E f IVG RAVE 6s4 w— �Vq r� i V FLDwA4C ColuS. pitw.►I�I4�t/E� � � I jIST FLppf ELEY - GA. b j • � J AA r4 Dv ,. � � P•ETAI � I 4 � h h N Y I� er oir or ram- �x rr-� �q O t1 O /� f JOT* : PRororet:, C0NTvu-25 !;RID,-," Va+cY / N put"Me"TS 1� OF � W = 3d i 67 3 ss At, / 0 - 17- - 25 & 4"-r� 0 r.- 4,pq.,L t t. z� E--�,2, C.tc � Q ;, � Lam' � "�.' N a •,•�-c 0 �. T=Dry,. L�EGK r TV P:�c ! t�k Z W $ p,z' ?. ;Tt O ,V OFu��b AS n �1/rs r o N 'To 'A"b"tro W `} 94b 27 z, M: V 747M - YO 1` 31 1�11 70-L I I 1`�t MtY'Yti j Ova.. w t SJe 4 j \ 3{IL � + .[ENE AVE. �• O 5 ~I4% T EE S �iOR ORE OETAtU Q I I OmvE*AV EA (MEN 0, E z I I Z p It \%' I Tn ~ _ —1 o _ / \ �RUSSEL AVE ~ IOpi RAEN [As[r�[t A I T• —_ - •-_-_-_ - +_ _ ` _ _. _ _ _ _ __ _ _ _ .1 Y1 "�O Ulll lt. IA S�VLNi ._• .. , J _ �I ' tl �' � � I r IF 1 z 10 1 01, a \ 33 omvfwAv [ASErENT- ;�� ! —111 GAS EASEMENT '•� 6606 �� lampo aw, an aw`'VW ARTHUR DICKEY ARCHITECTS, INC. ART111 R It. MUM. A.I.A. NA1"%F: A.JLSKLC.('ti. MARI R. HI STAR. A.I.A. 12 October 1988 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Attn: Mr. Mike Gaffron Assistant Planning and Zoning Administrator THOMAS M M LIS RESIDMICE 355 Woodhill Road, Wayzata, MN 55391 Dear W. Gaffron: At your request, we are outlining the hardship and solutions discovered on the captioned project as follows: 1. Rotating the building for a west orientation will allow us to comply more positively with the existing topography and drainage of the building envelope to the wet lands. 2. We have a desire to conserve the more nature trees on the site and we can accomplish this without using severe grade changes by moving the residence rather than keeping the structure within the building envelope. 3. The more westerly orientation of the building in contrast to the northwesterly layout will produce energy conservation savings. 4. Off street parking is required since there is not space on the entrance drive for normal street parking. Rotation of the building helps answer this problem. 5. Granting the variance will allow the west edge of the house to be a greater distance from the 26' setback, therefore allowing room for adequate retaining walls within the building envelope, enhancing the diversion of water to the wet lands. 49 30 F-It %V C E. A 1E %I E SOI TII M I N %E A POI.IS. %I1 ` % ESOI'A 55410• 1794 le 1 21920•3993 CITY OF OROND Mr. Mike Gaf f ron RE: Variance Application Thomas Mddellis Residence 12 October 1988 Page 2 of 2 The west e 1 e va t ion of the building has two upper level decks. We propose to place the structure of these decks within the building envelope and cantilever a portion of one deck over the 26' setback by 4' fie deck floor construction will be open to allow rain water to fall throw,;. If you have any questions, please contact we. Thank you. Z2, , \//, "' Arthur H. Dickey, A.I.A. AHD/tgl lPeT l #\L, h i TE rL--d,ri I lls :w_ O d / `{71`'�ury7EJo a„ A AG 2F-HT'* 2 / /� l lA�TIAL- SITF- "H l 20 0 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE 31326-RONALD LAUER CONTINUED the property. '.-tth regard to the drainage, an independent hydrologist wouia need to be hired to provide a plan for drainage control. Kelley also requested grading plans and site plans so that the actual runoff can be determined. The issue of the road would also need to be addressed and Kelley asked that a representative from the Wayzata Country Club be present the next time this matter was before the Planning Commission. Mrs. Hauser indicated that she was concerned about the road and private driveway taking out all of the vegetation that currently acts as a buffer for their property. Cohen added that safety would be a major factor should the road become a public road. Motion, Ayes=7, Nays=0, Motion passed. NOTE: Mr. Greig's information was accepted by staff for use as exhibits for this application. #1329 THOMAS MCNELLIS 355 WOODHILL ROAD VARIANCES -SECOND REVIEW The applicant was present for this matter. A brief review of this application was given by Assistant Planning and Zoning Administrator Gaffron. He stated that a front setback variance was required. The applicant has revised his proposal by changing the deck and garage, in addition to moving the location of the house slightly further south. The applicant now requires only a variance for the front setback which will be 37' rather than the required 50'. There will no longer be an encroachment into the wetland setback area, but applicant requests that the City allow cantilevering of the deck into the 26' wetland setback. Chairman Kelley inquired as to the number of houses that could possibly be built to the north of this property. Gaffron stated that there is currently one house, with a potential for one more. Kelley asked the applicant whether the access road was private or public. Mr. McNellis replied that the road was a private road that served the old Pillsbury home that is now owned by John Prudden. Kelley asked about the remainder of the road that connects with Woodhill. Gaffron stated that Woodhill Road was actually owned by Woodhill Country Club. Kelley asked whether the applicant had any agreement with the owners of the road in case the heavy construction equipment should damage the road. Mr. McNellis responded that he would be responsible for repairing the road if it was damaged. Planning Commission member Bellows asked how many acres Mr. Prudden owned. Mr. McNellis replied that he had a little over 8 acres. Bellows observed that there could be 4 houses built in that location. Kelley asked how far the building envelope was from the 11 MINUTES OF THE PLANNING COMMISSION I4EETING OCTOBER 17, 1988 ZONING FILE #1329-MCNELLIS CONTINUED travelled road. Mr. McNellis stated it was 73' to the edge of the house, but there is a 36' strip of land owned by Mr. Prudden between his house and the roadway. Mr. Prudden granted an easement for the purpose of putting in the driveway. Kelley asked Mr. McNellis whether he had asked to purchase that land from Mr. Prudden. Mr. McNellis responded in the affirmative and added that Mr. Prudden was not able to sell the land because he wished to maintain 8 acres. Planning Commission member Johnson commented that he was comfortable with the proposal and looked upon the deck as an overhang rather than an actual structure. Bellows indicated that she would not approve the deck because the applicant knew what the building envelope was at the time they purchased the property. She added that she might be willing to approve the front setback. Hanson concurred. Cohen stated that he was uncomfortable with the entire proposal. He said the area was peculiar from the very beginning. He too thought that the applicant was aware of the problems with the buildability of the lot at the time he purchased the property. Moos concurred with Cohen's opinion. Planning Commission member Brown indicated that due to the unique characteristics of the lot, he would have no problems with the proposal. It was moved by Chairman Kelley, seconded by Planning Commission member Hanson, to recommend approval of the front yard setback, and denial of the 4' encroachment into the wetland. Motion, Ayes=2, Nays=5. It was moved by Planning Commission member Johnson, seconded by Planning Commission member Brown, to recommend approval of the front yard setback and the 4' encroachment into the wetlands. Motion, Ayes=2, Nrys-5. It was moved by Planning Commission member Bellows, seconded by Planning Commission member Moos, to recommend denial of both the front yard setback and the 4' encroachment into the wetlands. Motion, Ayes=4, Kelley, Brown and Johnson, Nay, Motion passed. Mr. McNellis stated that the hardship involved with his application had not been discussed. Kelley explained that the application had been thoroughly reviewed and this was the second time this matter had been presented. He felt the Planning Commission was fully aware of the hardships. Mr. McNellis asked for suggestions as to how he could place the house on the property. He said he would have a problem with surface runoff if he were to place the house in another location within the building envelope. Hanson stated that he understood the constraints involved, but thought it would be possible to build within those constraints. Cohen reminded Mr. McNellis about his right to go before the Council and the fact that the Planning Commission was only an advisory body. Bellows added that the motion was necessary so that Mr. McNellis could proceed to the City Council. She also stated that Mr. McNellis had previously been given the suggestion to redesign the house to fit within the 12 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1329-MCNELLIS CONTINUED building envelope. Mr. McNellis reiterated his belief that the Planning Commission did not understand the environmental hardship involved with his application. He explained that there was a culvert in the Prudden Road that brings water onto his property and further restricts the building envelope. Kelley asked Mr. McNellis whether or not he was aware of this problem when he bought the lot? Planning Commission member Johnson recommended that Mr. McNellis bring the matter to the City Council. He pointed out the fact that the Planning Commission was split in their recommendations. Kelley told Mr. McNellis to write down his hardships and present them to the City Council. #1330 FULLERTON PROPERTIES, INC. 880 TOWNLINE ROAD CLASS III PRELIMINARY SUBDIVISION SECOND REVIEW Mr. Mark Gronberg, of Coffin & Gronberg, was present as a representative of the applicants. Assistant Planning & Zoning Administrator Gaffron stated that this application was previously reviewed at the September 19, 1988 Planning Commission Meeting. Since that time, soil borings were taken and soil types determined in those areas that were questionable. The application involves a seven lot subdivision along the west side of Townline Road. Gaffron said that he had been on the building sites with the applicants' engineer and they had determined that there was at least one, if not more possible building locations within each lot. The Hamel soils were not as extensive as originally indicated. Staff recommended approval of this application. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Brown, to recommend approval of this application, subject to staff's recommendations and conditions. Bellows asked what the current park fees were. Gaffron explained that the fees were based upon the lot size. Motion, Ayes=7, Nays=O, Motion passed. #1334 SIDNEY REBERS 715 NORTH BROWN ROAD CONDITIONAL USE PERMIT-PRD CLASS III PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING 9:35 P.M. - 11:15 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Peter Jarvis, an Associate of BRW, presented this matter on behalf of Mr. Sid Rebers. Mr. Jarvis began by addressing the seven recommendations and conditions of approval prepared by the city staff. He stated that most of the conditions were agreeable 13 MINUTES OF THE PLANNING COM41SSION MEETING OCTOBER 17, 1988 ZONING FILE #1329—MCNEL'LIS CONTINUED travelled road. Mr. McNellis stated it was 73' to the edge of the house, but there is a 36' strip of land owned by Mr. Frudden between his house and the roadway. Mr. Prudden granted an easement for the purpose of putting in the driveway. Kelley asked Mr. McNellis whether he had asked to purchase that land from Mr. Prudden. Mr. McNellis responded in the affirmative and added that Mr. Prudden was not able to sell the land because he wished to maintain 8 acres. Planning Commission member Johnson commented that he was comfortable with the proposal and looked upon the deck as an overhang rather than an actual structure. Bellows indicated that she would not approve the deck because the applicant knew what the building envelope was at the time they purchased the property. She added that she might be willing to approve the front setback. Hanson concurred. Cohen stated that he was uncomfortable with the entire proposal. He said the area was peculiar from the very beginning. He too thought that the applicant was aware of the problems with the buildability of the lot at the time he purchased the property. Moos concurred with Cohen's opinion. Planning Commission member Brown indicated that due to the unique characteristics of the lot, he would have no problems with the proposal. It was moved by Chairman Kelley, seconded by Planning Commission member Hanson, to recommend approval of the front yard setback, and denial of the 4' encroachment into the wetland. Motion, Ayes=2, Nays=5. It was moved by Planning Commission member Johnson, seconded by Planning Commission member Brown, to recommend approval of the front yard setback and the 4' encroachment into the wetlands. Motion, Ayes=2, Nays=5. It was moved by Planning Commission member Bellows, seconded by Planning Commission member Moos, to recommend denial of both the front yard setback and the 4' encroachment into the wetlands. Motion, Ayes=4, Kelley, Brown and Johnson, Nay, Motion passed. Mr. McNellis stated that the hardship involved with his application had not been discussed. Kelley explained that the application had been thoroughly reviewed and this was the second time this matter had been presented. He felt the Planning Commission was fully aware of the hardships. Mr. McNellis asked for suggestions as to how he could place the house on the property. He said he would have a problem with surface runoff if he were to place the house in another location within the building envelope. Hanson stated that he understood the constraints involved, but thought it would be possible to build within those constraints. Cohen reminded Mr. McNellis about his right to go before the Council and the fact that the Planning Commission was only an advisory body. Bellows added that the motion was necessary so that Mr. McNellis could proceed to the City Council. She also stated that Mr. McNellis had previously been given the suggestion to redesign the house to fit within the 12 J City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1339 WHEREAS, David E. F. Lee (hereinafter "the applicant") is the owner of the property located at 2695 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Auditor's Subdivision No. 265, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made after -the -fact application to the City of Orono to permit retaining walls and certain land alterations within 75' of the lake where Section 10.22, Subdivision 2 would allow no structures or land alterations and per Section 10.03, Sur-li.vision 19 seeks approval of a conditional use permit for the retaining walls and land alterations within the lakeshore of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #p1339. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District requiring a minimum of .5 acres of dry contiguous land in area. 3. The property consists of approximately .4+ acres in area. 4. The Orono Planning Commission reviewed this application on October 17, 1988 and recommended approval of the proposed after -the -fact variances and conditional use permit as set forth above, based on the following findings: A) The proposed lakeshore improvement will prevent the continued erosion of the lakeshore bank and provide stabilization of the lakeshore bank. B) The Orono inspection staff has confirmed the former retaining walls and access stairs were in a deteriorated and unsafe condition. Page 1 of 8 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 5. T'ho? Orono Council conceptually reviewed this application on Octob4�z 14, 1988 and recommended approval of the after -the -fact varianves and conditional use permit but asked for specific alterations of the existing retaining wall and changes in the final grades within the upper wall sections. This approval was based on the following findings: A) The lakeshore restoration plan as amended by the Council is more consistent with the guidelines established by the City in the consideration of similar after -the -fact applications. B) As amended, the wall sections would conti.nue to provide stability for the bank but wall exposure would be reduced by 60%. C) The proposal as amended by the Council would retain the sub- structure of the upper retaining walls that would continue to provide the needed -tability of the disturbed bank area. Final grades at 211:1 slope within the upper retaining wall areas will also allow for vegetation to return. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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. 7. The City Council finds that granting a conditional use permit to allow the retaining wall structure to remain in the lakeshore yard as amended will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Pace 2 of 8 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after -the -fact variances to Municipal Code Section 10.22, Subdivision 2 and an after -the -fact conditional use permit per Section 10.03, Subdivision 19 that would allow the existing retaining wall to remain as modified by the Council in addition to approving certain land alterations within the lakeshore protected area, subject to the following conditions: 1. The existing retaining wall to be altered per Option 2 as set forth in the City Engineer's report and sketch enclosed with this resolution as Pages 6, 7 and 8. 2. Banks to be restored to 2�:1 slopes within the area of the upper two tiers of the altered retaining walls. Applicant's landscape architect may advise on appropriate ground cover and plantings for this area. Erosion control must be maintained at the time of the commencement of the restoration until ground cover is restored. 3. Installation of a soils separater blanket and stone rip rap at the base of the lower wall and drain holes installed near the base of each wall as recommended by applicant's landscape architect, James Robin, in his letter to the applicant dated August 31, 1988. 4. Access stair structure to remain subject to planters being installed along one side so that only a 48" stair width remains. Appropriate plantings to be provided within the planter box areas. Detached lower access s;:air structure to be re -aligned and permanently attached to lower wall structure. 5. The applicant must complete the entire restoration as set fort' above and on Pages 6, 7 and 8 of this resolution by April 30, 1989 Applicant shall call for regular inspections by the Orono inspecti staff upon the commencement of the restoration. Applicant must appl. for a building permit from the City of Orono prior to the require improvements. 6. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 8 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the Orono City Council on this 14th day of November, 1988. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Page 4 of 8 City of ORONO 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 the 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 person(s) 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 5 of 8 Bonestroo 7� Rosene Anderfik & Associates Engineers & Architects September 27, 1988 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ks. Jeanne Mabusth Re: File No. 139-1339 David Lee Dear Jeanne, Otto G. Monestroo. ►E Ken A. Gordon. /E. TTomas W Frierson. /E CTartes A- Er.ctson Rowlt W. Rosen. /E bm ans W Foster. /E. NO.~ C LyMM. /E. Leo M. /awesty Joseph C. Andrilk /E Donald C. &a9ardt ►E Jame R. Maund. /E Harlan As. Olson pradford A. le ee=¢ /E Jerry A. Bourdon. /E. Kennem I. Anderson. /E Susan M. Mann PIULN E Turnlrr. PE Mart A. Hannon. ►E. Keeh A Rauvnann. ►E Mart A. Sep lends C Olson. /E Ted K Fled. /E Mart R. Ko=h /E Glenn R. Coot. /E M.CsaN T. Ravonam. /E %Xwt C Russet. A .A. Thomas E Noyes. /E Raoen R. Hefferle. /E TAornn E ArVm /E Room G. Saium C /E Dab d O. Lostota. /E Howard A. Sanford. /E Marvin L SorvaUL /E. We inspected the David Lee property at 2695 Casco Point Road. The lake shore has been altered by the construction of several retaining walls. We do not know what condition the lake shore bank was in prior to construc- tion. Ve did review the site several years ago with the previous owner and the lak, .hore bank appeared stable. The retaining wall construction will stabilize the bank and minimize the po- tential for future slope failure. The construction, however, is not consist- ent with City approvals on other applications. There are three basic options for addressing the problem with many variations of Each option. The first would be to leave the walls in place and camouflage them with bushes and shrubs as proposed by Janes Robin. The second would be to modiy the walls le sections in place to stabilize &he bank. The area_ would then be graded and ground cover established restore the bank. The third would be to remove the walls entirely and restore e a to its original condition. Option one is not consistent with previous city approvals. The proposal is structurally sound but does not provide the lake shore continuity desired by the City. Option two would leave the lover lake shore wall exposed and the upper two walls would be buried. The wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60 percent. We have indi- cated the amount of wall to be removed on the attached drawing. Page 1. 24 Page 6 of 8 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 City of Orono Orono, MN Re: File No. 139 September 27, 1988 Option three would not have any wall exposed and the bank should be reinforced with fabric or buried cribbing for stability. It may be possible to leave small sections of the upper wall in place for stability. The bank would be steep and special ground cover mats would be required to hold the new grass or plantings inplace. We would recommend that the City follow option two or three. If you have any questions, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIR 6 ASSOCIATES, INC. Glenn R. Cook GRC:li Encl. Page 2. 24 Page 7 of 8 L�,fit(5v ,tFe.» o vC -3 R�Me�� � Tires � Ll (') �9, d Ro_„�,ovr 3 • '�CMOVC Y • Eta b-fo i James robin landscape architect 2 3 4 2 0 park street excelsior, Sinna 8 3e3t1 e 121474•3946 RQ,MO J G Su ` Aelf, / i ` �•rrP� S ��jGQ �Dl nth fi4�FJ Page 8 of 8 d t7 Bd' To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 8, 1988 Subject: #1347 Michael Halley Homes/Dean & Victoria Terry, 2715/2710 Pence Lane - Additional Information Attached is a revised site plan submitted by the applicants, showing the revised location of the gateway structure approximately 14' from the west lot line and 20' from the north lot line. The 10' setback variance to the north lot line is still required. A 12' by 12' backup apron is shown within the property bound�-ies. To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: November 1, 1988 Subject: #1347 Michael Halley Homes/Dean & Victoria Terry, 2715/2710 Pence Lane - Variance - Resolution Application - Height and setback variance to construct entrance gate for security purposes. Zoning District - LR-1B List of Exhibits Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action Dated 10/21/88 Exhibit C - Memo & Exhibits of 10/12/88 Discussion - Please review the memo and exhibits of October 12, 1988. The applicants share a private driveway known as Pence Lane, which serves a total of three residences. 'Ihe proposed gateway structure will be approximately 150' in from Kelly Avenue, just past the driveway entrance to the Dailey residence at 2701 Pen-,e Lane. The variances requested originally include a height variance (if this is considered as a fence) to allow the structure to be 7�' high instead of the 3h' height normally allowed. Also, if this is considered as an accessory structure, it would normally have to be located 30' from the north lot line and 10' from the side lot lines. If it met those setbacks, and was considered as an accessory structure, the height variance would not be needed. A number of neighboring property owners were present at the Planning Commission meeting regarding this application. Their concerns ranged from visual proximity of the structure to their properties, to pedestrian access for neighborhood children through the 'ferry's property, Lc c �c oc-ncerns about traffic down Pence Lane having to back into the Dailey driveway when the gateway barrier is encountered. An additional concern noted by the City was that a portion of the monument would encroach onto the 10' drainage and utility easement along the west lot line. To resolve the noted issues, the applicants agreed to the following: 1. Move the gateway structure further south on the property, meeting a 20' setback from the north lot line and meeting the required 10' setback from the side lot line. This would require only the granting of a variance to allow the 10' encroachment into the required 30' setback from the north lot line, plus the height variance. A RESOLUTION GRANTING VARIANCES TO NUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (D) i 14 (C) AND SECTION 10.24, SUBDIVISION 5 (B) FILE #1347 WHEREAS, Michael Halley Homes has an interest in and Dean and Victoria Terry are owners of the property located at 2710 Pence Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Carman Bay Heights, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, Michael Halley Homes and Dean and Victoria Terry jointly shall be considered as "the applicants" for purposes of this resolution; and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to allow an accessory structure gateway system to be located 20' from the defined rear lot line where a 30' rear lot line setback is normally required, and a variance to Section 10.03, Subdivision 14 (C) to allow the height of this fence -type structure to exceed the 3k' maximum fence height normally allowed within the required rear yard area of a lakeshore lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1347. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Conunission reviewed this application on October 17, 1988 and recommended approval of the proposed variances by a vote of 3 to 2, based upon the following findings: A) The proposed structure includes entry monuments and wing walls on either side of the shared driveway serving the properties at 2710 and 2715 Pence Lane, and will have an electrically controlled gate suspended between the two monuments. Page 1 of 4 Zoning File #11347 November 1, 1988 Page 2 of 2 2. The applicants will provide a back-up apron within their boundaries so that any traffic traveling up Pence Lane and being stopped by the gateway, will be able to back-up somewhere other than the Dailey's driveway. 3. The applicants stated for the record that they had no problem with neighborhood children walking across the property to get to Kelly Avenue, but were unaware of any formal easement that neighbors thought (or hoped) might exist over the applicants' property. The Planning Commision at their October 17th meeting voted 3 to 2 to recommend approval of the gate structure at the proposed 716" height, maintaining a 20' front setback from the north lot line, and granting no side setback variance (monuments must be at least 10' from the side lot line). Although the minority opinion (Kell•,,, Moos) was not specifically discussed, Chairman Kelley earlier had noted he felt that the hardships for variances for these structures are questionable. Staff Recommendation - Based on the Planning Commission's recommendation for approval, staff has drafted a resolution for approval, incorporating the revisions agreed to by the applicants at the October 17th meeting. Staff would recommend approval. B) The applicants bay: a re-• :sed their proposal to move the proposed gateway and monumentz '_uither away from the neighboring property lines, so that no setback variance is needed from the west side lot 'Line, and -r.ly a 10' setback variance is required from the north lot line. Based on this re'ocation, there is no conflict with the existing drainage and utility easement along the west or north lot lines. C) The dreposed gateway structurt- will allow adequate width for emergency vehicle access.. D) The applicants will provide a back-up turnaround apron within the property boundaries, so that unwanted traffic does not have to back up onto neighboring properties. E) The hardships that support the variances include the need for security and limitation of traffic onto this private road serving only two residences, the height variance being necessary to allow construction of a structure of a size and scale to be a deterrent in itself, the setback variance necessary to keep the structure near enough to the entrance of the property to deter unwanted traffic from entering the property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 a variance per Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the construction of an accessory structure gateway system located 20' from the rear lot line where a 30' rear yard setback is normally required and grants a variance to Section 10.03, Subdivision 14 (C) to allow such structure to exceed the 3Y maximum height normally allowed for such structures within a required rear yard setback area, subject to the following conditions: Paye 2 of 4 1. The applicants shall provide a back-up turnaround apron within the property boundaries so that all unwanted traffic has the capability of backing up without using neighboring driveways. 2. Maximum height of the entrance monuments shall be 7h', per the proposed plan. Any changes to that plan will require further Council review. 3. Any lighting associated with the structure shall be directed downward so that the source of light is not direct-y visible from neighboring properties. 4. The existing sign posts extending approximately 7' above grade shall be removed in conjunction with the construction of the new gateway. 5. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 14, 1989). b. 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. 7. 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. 1988. ATTEST: Adopted by the Orono City Council on this 14th day of November, Dorothy M. Hallin, City Clerk James R. Grabek, Mayor Property Owner(s) Michael Halley Homes Page 3 of 4 To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: October 12, 1988 Subject: #1347 Michael Halley Homes/Dean & Victoria Terry, 2715 Pence Lane - Variance - Public Hearing Application - Height variance to construct entrance gate for security purposes. (Setback variance if this is considered an accessory structure.) Zoning District - LR-lB fr List of Exhibits Exhibit A - Application Exhibit B - Plat Map f -ems Exhibit C - Property Owners List - Exhibit D - Survey LV 571^^ Exhibit E - Plan & Elevation Views of Proposed Structure Pertinent Code Sections - A) Section 10.03, Subdivision 9 (D) - "No detached garage or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and a rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are sub jec;: to the setback requirements. . .of Section 10.24, Subdivision 5 (B). . . except that detached garages may be located 10' from the street or rear lot line if doors face away from the street and a turn- around is provided on the site. This section shall not apply to lakeshore lots divided by roadways or corner lots." B) Section 10.24, Subdivision 5 (B) - Requires a rear yard setback of 301. (For the Pence Lane property in question, no accessory buildings other than a garage would be allowed within 30' of the north lot 'line of the property.) C) Section 10.03, Subdivision 14 (C) - The maximum height of a fence - type structure such as that proposed is 3h'. Pertinent Facts - 1. The applicants are requesting to construct an entrance gate for security purposes and they feel that the 3h' maximum height is not sufficient to provide the security they require. The entire structure, including the gate, is approximately 40' in width. The proposed gateway is about 4' in height with monument roof peak on each side of about 7h'. ZONING FILE NO. 1347 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/21/88 --------------------------------------------------------------------------- TO: Michael Halley Homes COPIES TO: Dean & Victoria Terry 11095 Viking Dr 2710 Pence Lane Eden Prairie, MN 55344 Excelsior, MN 55331 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF NEETING: 10/17/88 VOTE: 3 For 2 Against Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Planning Commission voted 3-2 to recommend approval of the gate structure at the proposed 7'6" height, maintaining a 20' front setback (from north lot line), granting no side setback variance (must be 10' from side lot line). Additionally, the applicant is requested to address for the City Council, concerns regarding police and fire emergency access. Applicant's next scheduled meeting is confirmed as: City Council Monday, Novem !4, 1988; meeting starts at 7:00 p.m. If you desire certified coi.-as of the cfficial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Zoning File i1347 October 12, 1988 Page 2 of 3 2. The gateway will be located approximately 150' up the private driveway from Kelly Avenue. This private driveway serves just the two rouses at 2710 and 2715 Pence Lane. 3. The 16' span between the overhangs on the two structures meets the minimum lal width required for a fire truck with side mirrors to pass, hence the gateway is acceptable for the two residences served. However, if a future subdivision created a third lct, the City would require the construction of a 24' wide private road and the gateway likewise would have to be widened. 4. Although none of the plans indicate it, it is anticipated that the existing wooden planter and sign posts on either side of the driveway will be removed. 5. The plan submitted does not clarify whether any light fixture is proposed to be integrated into the monuments. Discussion - These entryway gates are apparently becoming quite popular, both from the standpoint of security that they provide as well as being a decorative fixture. Staff would note for the record that if these gate posts were located more than 30' from the front lot line, they would be considered as an accessory structure and there would be no need for a variance. Since the applicants wish to construct the gateway 5' from the side lot line and about 14' from the defined rear lot line, the variance is necessary. Staff would further note that based on the survey, the westerly monument is partially within the 10' drainage and utility easement along the property border. If this is considered as a fence structure, the City would not normally have a problem with a fence on a drainage and utility easement. However, if this is considered an accessory structure, normally no structures are allowed in drainage and utility easements, and there is potential for interference with existing or future utilities to the property. Perhaps one consideration if the structure is allowed as proposed, would be requiring a hold harmless agreement in favor of the City and other utility companies which would have occasion to use the easement, so that they would not be responsible for any damage that they do to the structure within the 10' easement. The applicant has suggested that the hardship for this application is that the maximum allowable height by ordinance of 3�' is not sufficient to provide the security required by the property owner. It would seem that the 3h' fence height ordinance was never intended to provide the type of security that this property owner desires, however, it may •very well be legitin,ste to erect an imposing barrier to turn away traffic. On the other hand, one could make the arg•iment that to keep all unwanted or uninvited persons and traffic off the property, one would need an 8-10' high fence or wall around the entire property. Zoning File #1347 October 12, 1988 Page 3 of 3 The alternative to granting -,his variance would be to require that the structure be located to meet the 10' side setback and 30' rear setback requirements. To provide the security required, the property owner then might request that the wing walls be extended at a 3h' height to the property boundaries. Staff would suggest that the proposed gateway will not be obtrusive in the neighborhood, and will provide the security measures required by the property owner without the need for extensive additional fences or walls. Staff Recoss~endation - Staff would recommend approval of the project as proposed, with the condition that applicant sign a Hold Harmless Agreement in favor of the City and other potential "utility and drainage easement" users. W HARDSHIP Describe undue practica DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (M10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. ------------------------------------------------------------------------- -- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. h &,& A_ _ J_ Applicant's Signature Z", MVI&AL OWNERS 1IGNATURE The owner hereby ackowledges-and agree 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. o o, Owner's Signature ' Date 9- 2�- 0 0 Applicant must have all submittals to 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 CITY OF ORONO - VARIANCE APPLICATION1 Initial Application Fee $150.00 ($50.00 per each additional varian / r N. u Renewal Variance Fee $75.00 I -- , (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- PROPERTY LOCATION , ........ Site Address 27/5-� 1. •-; Property Identification Number (P.I.D. ) 24 11- 2� z��SJ �L ice; •�~' Please check one - Property abstract or torrens? ��i.• t.a'1 's%%� rC--y= Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT / Lc.J'� Phone (home) Name /Ml�M- r1 #J44 VJJ00 *1� Phone (work) Address: V/�� 4K. City: Zip: --------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) ¢'/ 691!M2 Name 7 4 V�� v Phone (work) Address: x%%d ops-f"74!F 1048eCity: e906 HO Zip: 33% Date Property Acquired (month/year) I (do) •(As••obe6; also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District RJONMW rr �*`J- Present Use of Property SIHGLs Fo"ILY Residential • Other (specify) -------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost Describe request in detail: %b�S _ /ftar _vT/A"Cz •%ii �I�a::���r � /�Lti/.� � .fit !%yam-�,1.� �/ _ 17 : '//i l.�'7 � Lot Area Lot Width Hardcover Setback Variances ( _DD''Froont Side Rear) Other � ^�bwd& �• / I .� i JJ. ., '�'—it 1 �.,; a ii �e ..1 e_:J ��cr�_•; yiA ll� e J �: 4 p �.�— - Sao ! t i .•.. • � �!� T,7� ■ � � •� :y � .1•? � ''fir t =3 r° � �i •:.fir g��� � �t _ �� y_ ' C -' _ i � �.L _ All � � C 1 L•f• � 2 ^ ', q► 0 Ar ` J A3N �•'�',• ,, 4 t �,' yA � t,, � t�• s '�+� •' �•r ion, l;� O ��� n. IkL 1� • + + t .. • >• ,>i•I 9 il��' a �•' o++. • `• �. �_ •A1 iy;} _ . f"• r. �'• ' � � —_ •!P, e 's' • +• \ f��.. �%% Val .� J<) ,f� f ;�♦ —z sea- ``� �_�� i , • 6 6 Nw 1 a1 � •F t' • IF�.3 1 , 7' C7 C 4::� I - I I -W 33 fD6N of &OMO RUN DATE 09/20/88 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI43S401 PROPERTY OWNERS LIST PAGE 13 BATCH 007 38 11-117-23 23 0011 38 21-117-23 23 0012 38 21-117-23 23 0013 PROP ADDR 02685 PHEASANT RO 02695 PHEASAHT RO 02705 PHEASANT RO OWNER MAKE B J DONEFF A O L DONEFF B A B REDUICK G A K JOHNSTON TAXPAYER BRYAN A DARCI DONEFF BRADFORD w REDDICK G P A K A JOHNSTON NAME/ADDR 2665 PHEASANT RD 2695 PHEASANT RD 2705 PHEASANT RO S EXCELSIOR HN 55331 FXCEL51OR MN SS331 EXCELSIOR HN 55331 38 21-117-23 23 0024 38 21-117-23 23 0025 38 21-117-23 23 0028 PROP ADDR 02725 PHEASANT RO 02765 PHEASANT RD 02745 KELLY AVE OWNER NAME LILLIAN K ECKLUNO STEPHEN L BAKKE ETAL R A J STEWART TAXPAYER WH K A L B WHITWORTH STEPHEN L BAKKE RONALD C A JEAN C STEUART NAME/ADDR 2725 PHEASANT RO 2765 PHEASANT RD 2745 KELLY AVE EXCELSIOR MN SS331 EXCELSIOR MN 55331 EXCELSIOR MH 55331 38 21-117-23 23 0029 38 21-117-23 23 0033 38 21-117-23 23 0034 PROP ADDR 02701 PENCE LA 02700 KELLY AVE 02710 KELLY AVE OWNER NAME F E DAILEY A P L DAILEY S L RICE ET AL TRUSTEES LEE R MIIA(ELWITZ TAXPAYER FRANKLYN A PATRICIA DAILEY RICHARD B A DEBORAH D RICE LEE R MUNKELWITZ l� NAME/ADDR 2701 PENCE LA 2700 KELLY AVE 2710 KELLY AVE EXCELSIOR MN SS331 EXCELSIOR MN 55331 EXCELSIOR MH 55331 38 21-117-23 23 0039 38 21-117-23 23 0040 38 21-117-23 23 0041 PROP ADDR 02702 WALTERS PORT LA 02701 KELLY AVE 02699 KELLY AVE ' < OWNER NAME A J MCOERMOTT III ET AL C E GARRITY A A GARRITY D A L UPHOFF TAXPAYER ANDREW J MCDERMOTT III AND CHARLES E GARRITY DARYL L A LUCY S UPHOFF NAME/ADDR JEROME L SKIFTER 2701 KELLY AVE 2699 KELLY AVE 2702 WALTERS PORT LA EXCELSIOR MN SS331 EXCELSIOR HN 55331 EXCELSIOR MN SS331 38 21-117-23 23 0042 38 21-117-23 23 0043 38 21-117-23 23 0044 PROP ADDR 02703 HALTERS PORT LA 02705 WALTERS PORT LA 02707 WALTERS PORT LA OWNER NAME WILLIAM H REESE JR A WIFE DONALD W NELSON ETAL HUBERT D BLUNT ETAL TAXPAYER WILLIAM H REESE JR DONALD W NELSON HUBERT 0 BLUNT NAME/ADDR 2703 WALTERS PORT LANE RT 2 2707 WALTERS PORT LN EXCELSIOR HN 55331 EXCELSIOR MN 55331 EXCELSIOR HN SS331 38 21-117-23 23 0045 38 21-117-23 23 0046 38 21-117-23 23 0047 PROP ADDR 02709 WALTERS PORT LA 00038 ADDRESS UNASSIGNED 00036 ADDRESS UNASSIGNED OWNER NAME W M A 3 K OUNKLEY DEAN E TERRY A J KCDERMOTT III ET AL TAXPAYER WILLIAM M A SUSAN K OUNKLEY DEAN E TERRY ANDREW J MCDERKOTT III AND NAME/ADDR 2709 WALTERS PORT LANE 2710 PENCE LANE JEROME L SKIFTER EXCELSIOR MN 55331 EXCELSIOR MN 55331 2702 WALTERS PORT LA EXCELSIOR MH 55331 11 RUN DATE 09/20/88 BATCH 007 38 21-117-23 23 0048 PROP ADOR 00038 ADDRESS UNASSIGNED OWNER NAME ENVIRONMENTAL PLANNING INC TAXPAYER ENVIRONMENTAL PLANNING INC NAME/AODR 4530 IDS CENTER MPLS MN 55402 38 21-117-23 32 0005 PROP ADOR 02789 PHEASANT RD OWNER NAME PAUL L POHLE ETAL TAXPAYER PAUL L PO4LE NAME/AOOR 2789 PHEASANT RD RR 2 EXCELSIOR MN 5S331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 21-117-23 23 0051 02710 PENCE LA DEAN E TERRY DEAN E TERRY 2710 PEWE LANE EXCELSIOR r%4 55331 38 21-117-23 32 0007 02715 PENCE LA MICHAEL MALLET HOMES INC MICHAEL HALLEY HOMES INC 11095 VIKING OR 9380 EDEN PRAIRIE MN 55344 REPORT NO. PI435401 PAGE 14 38 21-117-23 32 0001 02791 PHEASANT RD L N i L C SUNDET LELAND N SUNDET 2791 PHEASANT RO EXCELSIOR MI 55331 TOTAL BATCH 007 00023 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY KNOWLEDGE AND BELIEFF.. / DATE `1� lJ�)BY� 6Iu'-� 11188.3 101*1 TO: Mayor and City Council FROM: Mark E. Bernhardson, City AdministratoA6, DATE: November 1, 1988 SUBJECT: Orono/Long Lake Discussions ISSUE - Establishment of a new date for a joint Council meeting with Long Lake. INTRODUCTION -Following the October 26th joint meeting the staff s from the two cities have been working to try to develop the necessary information requested by the two Councils. As soon as the information is available it will be transmitted to both Councils. DISCUSSION - As soon as the information is ready the Cities will establish a convenient meeting date for both Councils. ALTERNATIVES - 1. Accept information. 2. Table for further discussion. RECOMMENDATION - It is recommended that Council accept the i f rmation as presented. PROPOSED MOTION - Moved by , seconded by , that the Council accept the information as pr—esented awaiting further information that staff will submit. Ayes _, Nays U 102688.1 / TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator , DATE: October 26, 1988 1 SUBJECT: Liquor License Renewals Attachments: A. City of Orono Letter to Navarre Liquor Dated 10/24/88 B. City of Orono Letter to Jimmies Lounge Dated 10/24/88 C. Mel Kilbo Memo Dated 11/4/88 Re: Navarre Liquor D. Mel Kilbo Memo Dated 11/4/88 Re: Jimmies Lounge E. Mel Kilbo Memo Dated 6/15/88 Re: Jimmies Lounge F. Excerpt Orono Council Minutes Dated 12/14/87 G. Memo to Mayor & Council Dated 12/11/87 Re: 1988 Liquor License H. Chapter 4 - Beer, Wine and Liquor Licensing and Regulation ISSUE 1. Notificiation to Council of upcoming liquor licnense renewals. 2. Provide opportunity to discuss possible on -sale conditional license. INTRODUCTION - The two liquor licenses within the City are up for renewal by January 1, 1989. While there have been no problems over the past year with the off -sale operation, the on -sale operation has presented problems as outlined in Attachment C. DISCUSSION - The City has been concerned about violations that relate to the on -sale business have occurred but had delayed bringing this matter to the Council because: A. An expectation that the business was going to be sold. B. It may be more appropriate to take action as a condition of license renewal than as a penalty during the term of the license. The incidents that occurred were not charged. The Officer intervened between the 20 minute "no more consumption" and "30 minutes must be closed" in the first incident. The second incident was not directly traced to Jimmies and that individual is no longer employed. Charges were filed against the driver but not the passenger who worked at Jimmies. It was felt there was insufficient evidence to charge the owner. The Council could impose a f i ne on the on-sa le owner fo 1 lowing the appropriate public hearing for up to $2,000.00 or 60 days. As an alternative the followinci conditions for the license for 1989 could be imposed given the past concerns: - "That the applicant is placed on notice that further potential violations will result in a revocation hearing without necessarily awaiting adjudication in which these past issues will be reviewed." ALTERNATIVES - 1. Table until the December 12, 1988 meeting. 2. Comment on direction regarding the violations. 3. Express an opinion on making no conditions or taking no action regarding these violations. RECOMMENDATION - It is recommended that the Council comment on any conditions that they may feel appropriate for the license and that they indicate those to the license- holder in advance of the actual approval of the license. cc: Mr. Steve Corl, Navarre Liquor Mr. Jimmie Holtz, Jimmies Lounge Mel Kilbo, Police Chief Dorothy Hallin, City Clerk 2 CITY a "4iKevr Post Office &,: 66*Crystal Bay, Minn On the North Shore of Lake Minnetonka October 24, 1988 Navarre Liquor Mr. Steven Corl 3421 Shoreline Drive Navarre, MN 55392 Re: 1989 Off Sale Liquor License Dear Mr. Corl, Enclosed a,e the'materialsneeded to file your 1989 Off Sale Liquor license. Please return them with a Certificate of Insurance and Bond. The requested licensing items must be completed and returned to the City office for Processing no later that November 10, 1988. The fee for your Off Sale License is $150.00 and must be received with your licensing application materials. If you have any questions please feel free to contact me at 473-735 . Sin rely, � t D of y H ' Iin City Cle k cc: dark E. Bernhardson, City Acministrator Galvin Kilbo, Police Chief Enclosures: Notice of Data Privac_� & Release Form Notice - Tax Clearance Form - PS 9068-04 New Intoxicating Liquor Application Instruction Sheet Application for Off Sale Intoxicating Liquor License - Parts I & II (2 sets of each) Proof of Worker's Compensation Insurance Coverage Form Return Envelooe BUILDING & ZONING - 173-7 357 • %D11I-NISTR,%TI0N & FINANCE - 173.73SS • PUBLIC WORKS - 473.7 359 ASSESSING CITY 4 Post Office Box 66•Crystal Bay, Min On the North Shore of Lake Minnetonka October 24t 1988 Mr. Jimmie Holtz Jimmies Lounge 3380 Shoreline Drive Navarre, MN 55392 Re: 1989 Liquor License Application Dear Mr. Holtz, Please complete the enclosed forms for your 1988 Liquor Licer se and return them with the Certificate of insurance, Bond and your check in the amount of $2,100.00. The requested licensing items must be returned to the City office for processing no later than November 10, 1988. The balance of the license fee ($2, 100.00) must be paid before issuance of the 1989 license. If you have any questions please feel free to call me at 473- 7358. /l Si erely, Dorothy i{a Iin City Clem cc: Mark E. Bernhardson, City Administrator 6�Aelvin Kilbo, Police Chief Enclosures: Notice of Data Privacy 6 Release Form Notice - Tax Clearance New Intoxicating Liquor Application Instruc'_:cn Sheet Application for On -Sale Intoxicating Liquor License - Parts I & 11 (2 sets of each) Proof of Workers' Compensation Insurance Coverage Form Return Envelope BUILDING & ZONING - 473.7357 • AilMLNISTRATION & FINANCE - 473.7358 • PUBLIC WORKS - 473.7359 ASSESSING th t CITY of ORONO Post Office Box 669Crystal Flay, Minnesota 5532:;•Municipal Offices On the North Shore of Lake Minnetonka December 18, 19P' Mr. Jimmie Holtz Jimmies Lounge 3380 Shoreline Drive Navarre, MN 55392 Subject: 1988 On -Sale Liquor License Dear Mr. Holtz, Per Orono Council actions of Decmeber 14, 1987 your 1988 liquor license will be issued conditioned upon applicant's acceptance of the following conditions. a.) That there are no same or similar violations ajudicated following approval of the license on December 14, 1937. b.) That the Police department will be conducting more frequent monitoring of the property to determine compliance with all applicable ordinance. Such monitor shall not be construed by the licensee as harassment or any violation of rights or privileges. The City retains its absolute right to revoke or suspend the license or take any_ other action is deems appropriate regarding violation of these conditions or any violation of the applicable ordinance irrespective of violations of the above listed cond i t i arts. ircerely, I � Itark E. $e rdson City Administrator MEB/dh cc: Chief Mel Xilbo City Attorney, Kathleen Blatz NUILDLNG & ZONING - 473-7357 • ADMINISTRATION & FINANCE - 473.7358 ASSESSING • PUBLIC WORKS - 473.7359 drAumegr' 0- INTEROFFICE MEMC DATE: November 4, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of Police RE: Liquor license renewal - Navarre Liquor we have checked our records and find no problem with Navarre Liquor. I therefore recommend issuance of a liquor license, Off Sale, for Mr. Steven Corl, owner of Navarre Liauor. INTEROFFICE. MEMO 477*4"t-UT )t D.%T7 : November 4, 1988 TO: Mark Bernhardson, City Administrator FROM: Mel Kilbo, Chief of PolicA RE: Liquor License -sn je Prior to issuing a liquor license to Jimmies Lounge, I would like the Council to please note that Mr. Jimmie Holtz appeared in court in November, 34187 for a liquor violation which happened it a--ist, 1987. He was found guilty, fined $75, and appeared before L. -uncil on 12/14/87. He was given a conditional license, putting th. c•.. « r on notice due to the after hours violation and told the police department would more closely m.,n-.tor the operation. Please note in my memo dated 6/15/88, that there was further violation in Jan., 1988 of an after hours violation. Also pease note that in March, 1988, our office made a DWI arrest. The passenger in this vehicle, a Candy-e Berg, had just gotten off work from Jimmies Lounge, and it was found that she also failed the preliminary 'breath tent. We also found in her possession a glas:5 containing what ter c�-�lieved to be an alcoholic beverage. At a minimum, it was a violation for her to be car4-yina a container from the Lounge. I would request the City review t.hi3 -iatter. DATE: June 15, 1988 TO: Mark Bernhardson, City Administrator �r T FROM: Mel Kilbo, Chief of Police SUBJECT: Jimmies, Inc. On 8/6/87, Jimmies, Inc. was charged under section 4.08 subd. 1 for consuming after pours, subd. 2 for removal of containers from the premises, subd. 3 for being open after normal closing hours. On 8/31/87, it was referred for formal complaint. On 10/27/87 he pled not guilty. On 11/24/87 in front of Judge Adzik, Jimmie Holtz pled guilty and was found guilty, fined $300.00 with $225 stayed with a st.-y of 365 days, no same or similar violations. In effect, he paid only a $75 fine. On 1/24/8r, Officer 1'.:r4 Erickson observed, at 1:25 a.m. , a number of people stil' in Jimmies. All the lights were turned on low, the TV's were still on, about 8 to 10 people at the bar still had drinks. The female bartender stated "I've been try- ing to close". The c--:icer questioned the validity of her _- mark in that the lights were still low and the TV's still n. The people did leave because of the officer's arrival. ''".iis is a violation of section 4..; k subd. 3, closina hours. Orono stat- W f-s states that they are to close at 1:00 a.m.. On '24/88, Officer English of our Department made an arrest at Co. Road 15 and Kings Road in Spring Park of a female. She was asked where she was coming from at 12:10 a.m. She stated she had just picked up her friend, Kandis Berg, at Jimmies Bar. The driver was arrested for DWI. Kandis Berg, the passenger and em- ployee of Jimmies, was asked to blow into a portable breath test- ing device to see if she could drive the vehicle. She blew a fail on the device. In checking the right hand passenger side of the v..hicle, a clear glass was found beneath the front edge of the front seat, on the floor, with an odor consistent with that of an alcoholic beverage. The driver indicated that' the glass in the vehicle was the one that kandis Berg had been drink- ing from and she believed that Ms. Berg he-' brought it with her from Jimmies when she picked her up and that she had had no alco- hol in the vehicle before. It is believeu that Kandis Berg. the bartender, removed a container from Jimmies in violation of sec- tion 4.08 subd. 2, removal of a container from the premises. I suggest that this matter be brought to the Council's attention for possible 1 se action against Ji=.,ies . g7TACF{II(E/JT r ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 1988 FEE SCHEDULE ORDINANCE AND SUMMARY FOR PUBLICATION ORDINANCE NO. 44, SECOND SERIES City Administrator Bernhardson explained the proposed adjustment of fees as they reflect the costs of performing the services. He noted a change to the summary ordinance regarding mechanical permit fees. It was moved by Councilmember Sime, seconded by Mayor Grabek, that the City Council adopt the 1988 Fee Schedule as submitted and adopt Summary Ordinance No. 44, Second Series for publication. Motion, Ayes 5, Nays 0. ORDINANCE AMENDMENT - CHAPTER 12 RELATING TO FILL MATERIALS ORDINANCE NO. 45, SECOND SERIES City Administrator Bernha• son explained the adoption of the proposed ordinance amendment that would regulate the type of fill that is permitted to be used in the community. This amendment will be coordinanted within the City's zoning chapter within the next two months. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to adopt Ordinance Amendment N.. 45, Second Series to Chapter 12 relating to the quality of fill that can be used in the community without appropriate permits. Motion, Ayes 5, Nays 0. 1988 LICENSE APPROVAL - ON AND OFF SALE LIQUOR/SET UP/CLUB/ ON AND OFF SALE NON -INTOXICATING LIQUOR City Administrator Bernhardson explained th. following issues: 1. A �proval of the renewal of licenses for which there has been no demonstrated problems with the ongoing license: 2. Setting public hearing for new license application for Navarre Auto. 3. Review of license and possible approval of license for Jimmie's Lounge noting a pending after hours vi:_olation against an emplov-- of Jimmie's Lounge. Staff recommends a conditional approval of this license putting the owner on notice because of the after hours violation and noting that licensee will be monitored more closely from a patrol and surveillance standpoint. 12 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING BELD DECEMBER 14, 1987 1988 LICENSE APPROVAL CONTINUED Jimmie G. Holtz, owner of Jimmie's Lounge, was present for this matter. He explained that the after hours violation was made against his will by an employee and he has since fired that employee. It was moved by Mayor Grabek, seconded by Councilmember Goetten, that the Council undertake the following items: 1. Approval of licenses for those establishments listed in attachments to memo dated December 11, 1987. 2. That Council establish a public hearing for January 11, 1988 for a non -intoxicating malt liquor license for Navarre Auto. 3. That the liquor license for Jimmie's Lounge be approved on the conditions outlined in memo dated December 11, 1987. Motion, Ayes 5, Nays 0. ANIMAL CONTROL CONTRACT - LONG LAKE Councilmember Peterson requested clarification regarding the difference between the Long Lake, Spring Park, and Minntonka Beach animal control contracts. Police Chief Kilbo stated it was basically the same contract agreement on a different form. CiLly Alministrator Bernhardson noted that Long Lake is contracting an on -call service only. It was moved by Councilmember Peterson, seconded by Mayor Grabek, to approve the Animal Control Contract for the City of Long Lake as presented. Motion, Ayes 5, Nays 0. 1988 INSURPACE RENEWALS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, to aw.:.rd the City of Orono 1988 insurances to the League of Minnesota Cities Insurance Trust, United Fire 6 Casualty, western National, and the St. Paul Companies, effective January 1, 1988, as proposed. Motion, Ayes 5, Nays 0. 1988 POLICE SERVICES CONTRACTS* It was moved by Councilmember Sime, seconded by Councilmember Callahan, that the Council approve individual contracts with Minnetonka Beach, Spring Park, and Long Lake for police services for 1988. Motion, Ayes 5, Nays 0. 13 4.r-ro�.d}ntCOT G 12967.4 TOO Mayor and CitY Council 1PRW8 Mark nerAhardson, City Adminintratorl"' DwT81 December 11, 1g97 SUS.IECTt 19A8 LiquorLicense Kion-Intoxicating Malt Liquor License Approvals Attachments A. Off -Salo Liquor - t`ivar11111iquorsCenteInc. a. set -Up Permit P C. Set -Up Permit/On-Sale Liquorf•Sale Non- tlnvarro Lanny inenxlcating n. Cluh - Wayzats Country Cluh C. OCt,ntojating l.icen¢emalt Liquor NavarreAutoew- 1'. on -Sale Liquor - ,Ilmmloln Loungo O, Orono Police TCR4po�0and44.1Getl 8/6/97 q, ordinance 4.02. ISSUE - i;-Approval of the renewal of nil licensed for which theca has been no demonstrated problems with the ongoing license (%► - 01• 2. Setting public hearing for a new license application (E) . and possib Of 3. Review of liconde oesiblerconditionOV31 with infraction of state law licenses where there have be n P and this license ordinance. (F) INTRODUCTION - t'ora�lly at the end of each year the City routinely adopts 1Cc�uor lice reg that had been inrob1enfor Theprevious of Years and for whir_h there have been no There are however at this y applications fall into this c•ttagory•al end a requost for an adutolitservice. onal non- �nInxaddition thereicating Olf-sei liannafter the revamped Navarre Auto ^ which resulted in a guilty }lea closing charge ngain:•t .ti^nip 1•rttn'3 on 11/24/97 'Y .timaie'" r•Mun7" f�' which t~^ lounge was fined City o on S?-f ��' tt';e'i• •:°•i''e `,{ 1!'e nl�i w.�z receive•1 by th which City 12!10/87. nisCUSSTM - ,,....,! i^ h•�.tr.hmrni C ':.,varrr Autr Inoue 2. •:ew LIC�`n^n! - 1. , has Cnguer;t^1 on nl{-^.,'• ntn-intr�t•'�lintl n•�lt litiu.`t fir the {,u!,,. I he.t r i ng on a new 1 ir•en^ i••i• �. t•,t,n _ 1.- '�' i., n,•rt.ttn•� an .tt !try,.,. ••,o..l t not t,t : „� r., ed in t e „^ ,tj+••tie..• i.n•:.t.!,. •,;t ,rl, .�•'ilr,t„e tntlt glut! weft• •rr•1 In the �•.• t 1 •t t' i r• t t l nt he four tef oft t t 1 i' .t.^. lt.,v my nor t,t t. n�t7hl l.ltT..t,• ,t tt•t•r..Yi•�.t ! t!.rre were soon l„ n•1•. .�,tt•h ••,., r„! i,•.•r •l.lIn••.l ,t•rt• 1U fh.• !•r emir: r:' � i still alcoholic bev^rages sitting on tables. It was indicated however, that those were left over from closing time and had just not been cleaned up, indicating no consumption was going on. The applicable section in Attachment it is section 4.16. Under thts ordinance Section 4.06 the City may issue the renewal license with conditions on it. ALTERNATIVES A. issue I and 3 - Licensing Alternatives - For issues 1 and 3 the Council has the loll owl nq options in relationship to the licenses. 1. Approve as presented: 2. Approve subject to conditions: 3. Reject. B. Meetinq_Actions Approval as presented: 2. Approval as amended: 3. Table any and all applications to either a special meeting or to the regular meeting January 11. 1986. The act of tabling any of these license applications past January 1. 1998 would necessitate the individuals cease liquor sales until such time as the Council did consider the application.) 4. issuance of a conditional license followed by a public hearing of the violation at an appropriate time in 1988. Issue 2. Public_llea_ino Action 1. Set date. 2. Table action RECONMCitOAT IOt7 - Issue 1. It is recommender) that Council renew for 1988 all licenses where 0- .ere are no rlrmonstrateA problems. Issue 2. It is rncnmmrnded that the Courci 1 schedule a public heicing for it= tanuary 1 1, 1948 Counci i nrrtino for conciderat ion of t!lr appl it of i nn for t)avarre .lute. Issue 3. It i- that the 1 icen:;r• for .)-;nrnie'r i.nunre h^ anP%ov^•1 f •r 1^s;q on a runditi,)n that. no same, or similar violations are ajuaicateri f^t 1,,wing Lhi - c-neiitinn.,l --pprov.11. '791ir is the first c1ov:in-1 hc�ur:; viol ]lion that. hal I1r—n prrsecut-1•1 on the premises since 1991. R,,gard1-::r of wh,-th-r thi^ vielition was tllrrr nr not tite Cnunci 1 i 1 wiy- �la�• �.i t'1t• r-1,por►unit ur.•trr ;:er?t i c-n 4.(1' "00 4 (h) to iu:;nrnc' nr rr•vnl;t` n Inv I1r i rr v 1 of at t runs. ,rho t,oint rob 1 ''-U.lt1�:�' 1 in i i"ht of 00, fact t11nt t!ir•r^ 1.• no ! ^'] j• lIr'1 I� ( 11 !•rill� 1 }1 It ♦11• ir-'n^.rr• !111...^r`� f wi^ iw.lrr rf t" i ti• lol .lt. i ��n rti �•ur r t �•t �•r wlt�•*.h�•r wa•- in onctr— nq practice of 1 icrn — �',,• ',t 1 ir.hm•nt. Title CHAPTER 4 BEER, WINE AND LIQUOR LICENSING AND REGULATION 04 Section 4.01 Definitions . . . 54 4.02 Applications and Licenses Under This Chapter - Procedure and Administration. . . 66 4.03 Renewal of Licenses . . . . . . . . . . . . 70 4.04 Delinquent Taxes and Charas�,s. . . . . . . . 70 4.05 Limitation on Ownership . . . . . . . . . . 70 4.06 Conditional Licenses. . . . . . . . . . . . 70 4.07 Premises Licensed . . . . . . . . . . . . . 71 4.08 Unlawful Acts . . . . . . . . . . . . . . . 71 4.09 Conduct on Licensed Premises. . . . . . . . 71 4.10 Sale by Employee. . . . . 71 4.11 License Condition and Unlawful Act. . . . . 71 4.12 License Fees . . . . . . . . . . . . . . . . 72 4.13 Financial Responsibility of Licensees . . . 72 4.14 Insurance Certificate Requirements. . . . . 72 4.15 Proof of Age . . . . . . . . . . . . . . . . 72 4.16-4.19 Reserved 4.20 Beer License Required . . . . . . . . . . . 74 4.21 Temporary Beer License. . . . . . . . . . . 74 4.22 Beer License Restrictions and Regulations . . . . .. . . . . . . . 74 4.23 Hours and Days of Beer Sales . . . . . . . 75 4.24 Unlawful Acts (Beer). . . . . . . . . . . . 75 4.25-4.29 Reserved 4.30 Liquor License Required . . . . . . . . 77 4.31 Liquor License Restrictions and Regulations . . . . . . . . . . . . 77 4.32 Hours and Days of Liquor Sales. . . . . . . 79 4.33 Sunday Sales. . . . . . . . . . . . . . 79 4.34 Unlawful Acts (Liquor). . . . . . . . . . . 79 4.35-4.39 Reserved 4.40 On -Sale Wine. . . . . . . . . 81 4.41 Hours and Days of Sales by On -Sale Wine Licensees. 82 4.42 Unlawful Acts (Wine). 82 4.43-4.49 Reserved 4.50 Additional Club Licensee Restrictions and Regulations, and Unlawful Acts. . . . . 84 4.51-4.59 Reserved ORONO CC i (4-1-84) PROPOSED MOTION - 'fov#�d by , secondod by - , that the Counci 1 undertake the following i.:emse A. Approval of licenses for those ^stablishments listed In Attachments A through D. D. That the Council establish a public hearing for January 11, 1988 for a non -intoxicating malt liquor license at Navarre Auto, C. Thilt the liquor licenze for Jimmie,:; Lounge be approved on the conditions outlined above. Ayes , '3aY` -- I S 4.50 SEC. 4.50. ADDITIONAL CLUB LICENSEE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Club" means a "fraternal club" which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual and which has been in existence for fifteen years or more, or to a congres- sionally chartered veterans organization which has been in exis- tence for ten years. Such club, either of which, in order to be eligible, must be incorporated to come within this definition.. B. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person. C. "Guest" means a person not a member of the club licensee but present on the club licensed premises in the company of a host member. D. "Host member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of beer or liquor, as the case may be: A. It is unlawful for a club licensee to sell liquor or beer to any person not a member of the licensed club. B. It is unlawful for any club licensee to serve beer or liquor to any non-member of the licensed club unless such non-member is a guest. C. It is unlawful for any person who is not a member of the licensed club to purchase liquor or beer from the club. D. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter, and all other laws. E. It is unlawful for any person to refuse, upon request of a licensee or police officer, to provide information as to whether he or she is a member, guest or r^Gt member, or to give false, fraudulent or misleading informati 'n re--ponse to such request. Source: City Code Effective Date: 4-1-84 (Sections 4.51 through 4.59, inclusive, reserved for future expansion.) ORONO CC 84 (4-1-84) Title Page Section 4.60 Consumption and Display . . . . . . . . 85 4.61 Consumption and Display - One Day License 86 4.62-4.69 Reserved 4.70 Municipal Liquor Store. . . . . . . . . . . 87 4.71-4.79 Reserved 4.80 Nudity or Obscenity Prohibited. . . . . . . 88 4.81-4.98 Reserved 4.99 Violation a Misdemeanor . . . . . . . . . . 89 ORONO CC ii (4-1-84) § 4.60 SEC. 4.60. CONSUIPTION AND DISPLAY. Subd. 1. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off - sale or both. Subd. 2. Consumption c.' Display License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of -liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 3. Consumption and Display Restrictions and Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of 3 bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. .3. It is unlawful for any club member under nineteen (19) years of age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M., nor between the hours of 1:00 o'clock A.M. and 3:00 o'clock P.M. on Memorial Day; nor between the hours of 1:00 o'clock A.M. and 8:00 o'clock P.M. on any primary, special, or general election day held in the City. D. No license shall be issued to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members, or when a business establishment or the owner thereof holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Section shall be subject to seizure for purposes of evidence. Subd. 4. Sr. tr Permit Required. It is unlawful for any person or business �,'.dblishment, directly or indirectly, or upon ary pretense or by any device, to allow the consumption or displa} of liquor or the serving of any liquid for the purpose of mixing of liquor without first having obtained a permit therefor from the State of Minnesota. ORONO CC 85 (4-1-84) S 4.61 SEC. 4.61. CONSUMPTION AND DISPLAY - ONE DAY LICENSE. Subd. 1. License Required. Any non-profit organization desiring to serve liquids for the purpose of mixing with liquor and permitting the consumption and display of liquor in cc ,'unction with a social activity sponsored by it, shall first ubtain a license therefor from the City. It is unlawful for any such organization to fail to obtain such license. Subd. 2. Term. The term of such license shall be one day only. Subd. 3. Limitation on Number. No more than ten licenses shall be issued in any calendar year. Subd. 4. License Fae. The fee for such one -day license is $25.00. Subd. 5. Approval. In addition to Council approval, such license must be approved by the Commissioner of Public Safety. Source: City Code Effective Date: 4-1-84 (Sections 4.62 through 4.69, inclusive, reserved for future expansion.) ORONO CC bb (4-:-84) Title Page CHAPTEF 4 INTOXICATING AND NON -INTOXICATING LIQUOR LICENSING AND REGULATION Section 4.01 Definitions 64 4.02 Original Licensing Procedure 67 4.03 Renewal of Licenses 71 4.04 Delinquent Taxes and Charges 71 4.05 Limitation on Ownership 71 4.06 Conditional Licenses 71 4.07 Premises Licensed 72 4.08-4.11 Reserved 4.12 License Fees 72 4.13 Financial Responsibility of Licensees 72 4.14 Insurance Certificate Req,iirem.ents 73 4.15 Proof of Age 73 4.16 Prohibited Acts By A Licensee (General) -74 4.17 General Prohibitions 76 Non -Intoxicating Malt Liquor Intoxicating Liquor Intoxicating and Non -Intoxicating Malt Liquor 4.18-4.19 Reserved 4.20 Non -Intoxicating Malt Liquor License 77 Required 4.21 Temporary Non-:ritoxicating Malt Liquor 77 License 4.22 Non -Intoxicating Malt Liquor License 78 Restrictions and Regulations 4.23 Hours and Days of Non-Intoxicr.ting Malt 79 Liquor Sales 4.24 Unlawful Acts (Non -Intoxicating Malt 79 Liquor) 4.25-4.29 Reserved 4.30 Liquor License Required 80 4.31 Liquor License Restrictions and Regulations 80 General Provisions On -Sale Liquor _' Wine Off -Sale Liquor a..d Wine 4.32 Hours and Days of Liquor Sales 83 4.33 Sunday Sales 83 4.34 Unlawful Acts (Liquor' 83 4.35-4.39 Reserved 4.40 On Sale Wine 84 4.41 Hours and Days of Sales by On -Sale Wine 85 L;.-ensees 4.42 Unlawful ActF (Wine) 85 4.13-4.49 Reserved 4 4.50 Additional Club Licensee Restrictions Znd Regulations, and Unlawful Acts 4.51-A.59 Reserved 4.6,0 Consumption and Display 4.61 One Day Liquor License 4.62-4.65 Reserved 4.70 Municipal Liquor Store. Deleted 4.71-4.79 Reserved 4.80 Nudity or Obscenity -Prohibited 4.81-4.98 Reserved 4.99 violation a Misdemeanor Z: 88 89 90 91-88 92-89 ii ORDINANCE NUMBER 32, SECOND SERIES CHAPTER 4 INTOXICATING AND NON -INTOXICATING LIQUOR LICENSING AND REGULATION SECTION 4.61. DEFINITIONS. As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: 1. "Applicant" means any person making an application for a lizense under this Chapter. 2. "Application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant as his request for a license, furnished by the City and uniformly required. 3. "Club" means any corporation duly organized under the laws of this State for civic, fraternal, social, or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than fifty members, and shall, for more than a year, have owned, hired, or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a Board of Directors, Executive Committee, or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents, or employees are paid directly or indirectly any compensation by way of profit for the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the members or other governing body. Such club or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years. 4. "Financial Interest" includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment but does not include bonafide loans, bonafide rental agreements, bonafide open accounts or other obligations held with or without security arising out of the ordinary in the regular course of business of selling or leasing merchandise, fixtures or supplies to such a business or 10% or less interest of any other corporation holding a license. 5. "Fraternal Club" means a club which serves only members and their guests and which uses any profits derived from liquor sales principally for sponsoring activities beneficial to the community and not for the profit of any individual. ORONO CC 64 6. "Gambling Devices" means a contrivance which for a consideration affords the player an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance. 7. "Hotel" and "Motel" mean and include any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, and which contains not ler�: than ten guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than thirty guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables. 8. "Intoxicating Liquor" and "Liquor" mean ethyl alcohol and distilled, fermented, spirituous, vinous (wine) and malt beverages containing in excess of 3.2 percent of alcohol by weight. 9. "License" means a document, issued by the City, to an applicant permitting him to carry on and transact the business stated therein. 10. "License Fee" means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 11. "Licensee" means an applicant who, pursuant to his approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the City for carrying on the business stated therein. 12. "Manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces liquors, wine or non -intoxicating malt liquor for sale. 13. "Off -sale" means the retail sale in original packages for consumption off or away from the premises where sold. 14. "On -sale" means the retail sale by the glass or by the drink, for consumption on the premises where sold only. 15. "Package" and "Original package" mean any container or receptacle holding liquor, wine or non -intoxicating malt liquor, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. ORONO CC 65 16. "Non -Intoxicating Malt Liquor" means any malt liquor containing not less than one half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight and is a fermented malt beverage for the purposes of Minnesota Statutes 1985 Section 340.44 to 340.56. 17. "Restaurant" means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests, and which shall have seating facilities for seating not less than thirty guests at one time. 18. "Sale", "Sell" and "Sold" mean all barters and all manners or means of furnishing non -intoxicating malt liquor, wine or liquor tc persons, including such furnishing in violation or evasion of law. 19. "State Established Legal Drinkinq Age" for purposes of this ordinance the state established legal age for consumption of both intoxicating and non -intoxicating malt liquor is 21 years of age provided however that persons born on/or before September 1, 1967 are also legally able to consume liquor. 20. "Wholesaler" means any person engaged in the business of selling liquor, wine or non -intoxicating malt liquor to retail dealers. 21. "Wine" means wine not exceeding 14 percent alcohol by volume. SEC. 4.02. ORIGINAL LICENSING PROCEDURE. Subd. 1. Application. All applications shall be made at the office of the City Clerk upon forms prescribed by the proper Department of the State of Minnesota together with such additional information as the Council may desire. If not so prescribed, then upon forms furnished by the City. Information required may vary with the type of business organization making application. All questions asked or information required shall be answered fully and completely by the applicant. Subd. 2. False Statements and Omissions. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof. Subd. 3. Application and Investigation Fee. At the time of the initial application, applicants for licenses required by this Chapter of the City Code shall pay to the City the fees as provided for in the current City fee ordinance duly adopted by the Council, pursuant to City Code Section 1.05, which fee shall be considered an application and investigation fee, not refundable to applicant. At any time that an additional investigation is required because of a change in the ownership or control of a partnership or corporation or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an additional investigation fee. Subd. 4. Action. A. Investigation. All applications for a license shall be referred to the Chief of Police and to such other City departments as the Council shall deem necessary, for verification and investigation of the facts set forth in the application. The Chief of Police shall cause to be made such investigation of the information as shall be necessary and shall make a written recommendation and report to the Council which shall include a list of all violations of Federal or State law or municipal regulations by the applicant. ORONO CC 67 B. Hearing. Upon receipt of the written report and recommendation by the Chief of Police and wit'iin thirty days there- after, the City Clerk shall publish a notice of hearing at least ten days prior to the date set for hearing. The hearing notice shall set forth the day, time and place of hearing, the name of the applicant, the place where the business is to be conducted, and such other information as the Council may direct. At such hearing, all persons desiring to be heard shall have such opportinity, and the Council may thereafter grant or deny the license. If the license is granted, the Council may withhold its issuance until the applicant has qualified in all respects for the license. If the premises to be licensed are not complete at the time that the hearing is conducted, the Council may grant the license but shall withhold its issuance until the premises have been completed in accordance with the representations made by the applicant. The license fee shall be due as of the date the license is granted. If a license has been granted but its issuance has been withheld pending completion of the premises to be licensed, and if the licensee does not proceed with reasonable dispatch to ready the premises, the Council may rescind the action granting the license. Such action shall not be taken, however, without giving the licensee at least ten days notice of the time and place of a hearing on the proposed rescission. C. Granting. The Council may approve any applica- tion for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any app ication for a license, the applicant shall pay one-half of the license fee, and the inves- tigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before approval of the issuance by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee whra due shall be cause for revocation. The City Clerk shall, within ten days after the issuance of any license under this Section, submit to the proper Department of the State of Minnesota the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. He shall also submit to the proper Department of the State of Minnesota any change of address, transfer, cancellation, or revocation of any license by the Council during the license period. D. Issuing. If an application is approved, the City Clerk shall forthwith issue a license pursuant thereto in the form prescribed by the City or the proper Department of the Sate of Minnesota, as the case may be, and upon payment of the second half of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and ORONO CC Mull which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refund in Certain Cases. In the event that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his• license, except when such license is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen- tative is hereby authorized to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. A license shall be transferable between persons upcn consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. The Council may, in Its sole discretion and for any reasonable cause, revoke, or sus- pend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non -intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation was not willfil, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City ORONO CC M Code or Statute, the following shall also be grounds for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of non -intoxicating malt liquor, wine or liquor; (2) that the licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. I. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Clerk of any change in legal ownership, or beneficial interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revokad thirty days after any such change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the bu-iness records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. Subd. 5. Duplicate Licenses. Duplicates of all original licenses under this Chapter may be issued by the City Clerk without action by the Council, upon licensee's affidavit that the original has been lost, and upon payment of a fee of $2.00 for issuance of the duplicate. All duplicate licenses shall be clearly marked DUPLICATE. Subd. 6. Posting. All licensees shall conspicuously post their licenses in their places of business. ORONO CC 70 Subd. 7. Resident Manager or Agent. Before an on -sale license is issued under this Chapter to an individual who is a non- resident of the City, to more than one individual whether or not they are residents of the City, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person who is a resident of the City as its manager or agent. Such resident manager or agent shall, by the terms of his written consent, (1) take full responsibility for the conduct of the licensed premises, and, (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be a resident of the City or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. Subd. 8. Persons Disqualified. In addition to any other provision of law, no person shall qualify for a license under this Chapter who has been convicted within five years of the license application of violating any law relating to the manufacture, sale or distribution of non -intoxicating malt liquor, liquor or wine, or whose license therefor has been revoked within such period of time period or convicted of gambling within the five years of the Liicense application. Nor shall any person qualify who has not attained the State established legal drinking age or who is not a citizen of the United States. SEC. 4.03. RENEWAL OF LICENSES. Application for renewal of all licenses under this Chapter shall be made at least sixty (60) days prior to the date of expiration of the license, and shall contain such information as is required by the City. This time requirement may be waived by the Council for good and sufficient cause. Persons for renewal of application are subject to all the requirements of Section 4.02 except for Subd. 4 B Public Heariric which is an optional requirement to be established at the discretion fo the City Council. SEC. 4.04. DELINQUENT TAXES AND CHARGES. No license under this Chapter shall be granted for operation on any premises upon which taxes, assessments, or installments thereof are due and owing, or other financial claims of the City, County or State exist. SEC. 4.05. LIMITATION ON OWNERSHIP. No person shall be granted more than one license under this Section except that a person who is a holder of an on -sale liquor license may also be the holder of an off -sale liquor license, provided that the location of the on -sale ooeration is separate from the off -sale location. In such cases each location shall have a separate entrance onto a public street, sidewalk or mall area. SEC. 4.06. CONDITIONAL LICENSES. Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place such special conditions and 71 restrictions, in addition to those stated in this Chapter, upon any license it deems reasonab'e and justified. SEC. 4.07. PREMISES LICENSED. Unless expressly stated therein, a license issued under the provisions of this Chapter shall be valid only in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building or structure. The premise shall have an exclusive entrance from or exit to the exterior of the building at which the licensed premise is located. Entrances from or exits to a public concourse or public lobby meet this requirement. Subd. 1. All premises licensed under this Chapter shall at all times be open to inspection by any police officer or other individuals with enforcement powers to determine whether or not this Chapter and all other laws are being observed. Consent to such inspection by the licensee shall be a condition of each license granted. Police officers or other individuals with enforcement powers shall not need a search warrant for such inspections. Subd. 2. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer or other individuals with enforcement powers from making such inspection. SEC. 4.12. LICENSE FEES. All licenses provided for in this Chapter, shall be issued only upon payment in full of license fees fixed and determined in accordance with City Code Section 1.05. SEC. 4.13. FINANCIAI, RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No non -intoxicating malt liquor, wine or liquor license shall be issued or reviewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes, Section 340A.450, by filing a certificate that there is in effect an insurance policy or pool providing minimum coverages of (1) $100,000.00 because of bodily inj,iry to any one person in any one occurrence, and $300,000.00 because of bodily injury to two or more persons in any one occurrence, and in the amount of $1.0,000.00 because of injury to or destruction of property of others in any one occurrence, and (2) $100,000.00 for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, $300,000.00 for loss of means of support of two or more persons in any one occurrence. An annual aggregrate policy limit for dramshop liability of not less than $300,000.00 per policy year may be included in the policy provisions. 72 Subd. 2. Exception. This Section does not apply to on - sale non -intoxicating malt liquor licensees with sales of non - intoxicating malt liquor of less than $10,900.00 for the preceding year, nor to off -sale non -intoxicating malt liquor licensees with sales of non -intoxicating malt liquor of less than $20,000.00 for the preceding year, nor does it apply to holders of temporary wine licenses issued under 4.61. An affidavit of the licensee shall be required to establish the exemption under this Subdivision. Subd. 3. Documents Submitted to Commissioner. All proofs of financial responsibility and exemption affidavits filed with the City under this Section shall be submitted by the City to the Minnesota Commissioner of Public Safety. SEC. 4.14. INSURANCE CERTIFICA:'E REQUIREMENTS. Whenever an insura^^e certificate is required by this Chapter the applicant shall file with the City Clerk a certificate of insurance showing (1) that the limits are at least as high as required, (2) that coverage is effective for at least the license term approved, and (3) that such insurance will not be cancelled or terminated without thirty days' written notice served upon the City Clerk. Cancellation or termination of such coverage shall be grounds for license revocation. SEC. 4.15. PROOF OF AGE., For the purposes of consuming, purchasing or possessing non -intoxicating malt liquor, wine or liquor, age may only be established by a valid driver's license or a current Minnesota identification card issued pursuant to Minnesota Statutes 1985, Section 171.07. In the case of a foreign national, a valid passport may be used as an alternative to the foregoing methods of identification. 73 SEC: 4 J5.1 PROHIBITED ACTS BY A LICENSEE (GENERAL). Subd. 1. Consumption. It is unlawful for any person to consume on an on -sale license premise, or any licensee to permit consumption of, non -intoxicating malt liquor, wine, or liquor on licensed premises more than twenty,(26) minutes after the hour when a sale thereof can legally be made. Subd. 2. Removal of Containers. It is unlawful for any on -sale licensee to permit any glass, bottle or other container, containing non -intoxicating malt liquor, wine or liquor in any quantity, to remain upon any table, bar, stool or other place where customers are served, more than twenty (20) minutes after the hour when a sale thereof can legally be made. Subd. 3. Closing. It is unlawful for any person, other than an on -sale licensee's bona fide employee actually engaged in the performance of his duties, to be on premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales. Provided, however, that this Subdivision shall not apply to licensees, employees of licensees and patrons on licensed premises for the sole purpose of preparing, serving or consuming food or beverages other than non -intoxicating malt liquor, wine or liguor. Subd. 4. Conduct on Licensed Premises. Except as herein provided, every licensee under this Chapter shall be responsible for the conduct of his place of business ane shall maintain conditions of sobriety and order therein. Subd. 5. Sale by Employee. Any sale of non - intoxicating malt liquor, wine or liquor in or from any premises licensed under this Chapter by any employee authorized to make such sale in or from such place is the act of the employer as well as of the person actually making the sale; and every such employer is liable for all of the penalties provided by law for such sale equally with the person actually making the sale. Subd. 6. Manufactures or Wholesalers Interest in Retail Establishments. No manufacturer or wholesaler shall either directly or indirectly own or control or have a financial interest in any retail business. Subd. 7. No liquor in licensed restaurants. No person shall consume or carry any intoxicating or non -intoxicating liquor to or into any restaurant with the purpose of consumption therein. A. Illegal to permit mixing. No person shall mix or sell for the purpose of mixing any non -intoxicating malt liggor, soft drink, wine, liquor or beverage in a food establishment unless licensed as a bottle club. Subd. 8. Display. It is prohibited that any alcohol be displayed to the public in any manner in an on or off -sale licensed operation during the hours in which consumption is not permitted. 74 Subd. 9. Prohibition of License Issuance. No employee or public official of the City of Orono may be a holder of any license issued under this Section. This does not, however, prevent the issuance of a license to a club of which any of the aforementioned are members or on the board of directors. Subd. le. Financial Indebtedness. No person shall be financially indebted to any person not otherwise qualified for the license. Subd. 11. Zoning Ordinance Requirements. Not withstanding any Section in this ordinance to the contrary, all premises that are licensed must be located in zoning districts in which they are permitted and must be in compliance with those zoning codes. 75 SEC. 4.17. General Prohibitions for purposes of this section, it is unlawful to: NON -INTOXICATING HALT LIQUOR Subd. 1. Person other than the parent or legal guardian to procure non -intoxicating malt liquor for any person below the State established legal drinking age. 3ubd. 2. Person under the State established legal drinking age to consume non -intoxicating malt liquor unless in th^ 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 pr'.ma facia evidence of intent to consume the same at a place other than the household of his parent or gauadiz.n. Subd. 4. Licensee or his employee to sell or serve non - intoxicating malt liquor to any person under the State established legal drinking age, to consume non -intoxicating malt 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 t ie State established legal drinking age to purchase or otherwise ,irocure non -intoxicating malt liquor, or induce another party, not his parent or guardian, to procure non -intoxicating malt liquor f,,r 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. B. Person under the State established legal drinking age to enter licensed premise for the purpose of purchasing or p:ocuring intoxicating liquor. Subd. 9. Person under the State established legal drinking age to be in or upon licensed intoxicating liquor premises except a restaurant, hotel or motel, and tnen only if accompanied by at least one of his parents or his guardian; and it is unlawful for the licensee to permit such person to remain upon licensed premises. Subd. 10. Licensee to sell or serve intoxicating liquor 76 to any person under the State established legal drinking age. Subd. 11. Person to furnish, purchase or procure intoxicating liquor for a person under the State established legal drinking age. Subd. 121. Person under the State established legal drinking age to purchase or otherwise procure intoxicating liquor, or induce another to purchase intoxicating liquor for him. Subd. 13. On -Sale Licensee to sell wine except in conjunction with the sale of food. INTOXICATING AND NON -INTOXICATING LIQUOR Subd. 14. A person under the S*ate established legal drinking age to misrepresent his age for the purpose of obtaining intoxicating or non -intoxicating malt liquor. Subd. 15. Person to knowingly induce another to make an illegal sale or purchase of intoxicating ' quor 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- intc:cicating 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 intoxicated. NON -INTOXICATING MALT LIQUOR SEC. 4.28. NON -INTOXICATING MALT LIQUOR. LICENSE REQUIRED. It is unlawful 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 wht esalers or to sales by wholesalers to persons holding off - sale -ion-intoxicating malt liquor licensee from the City. SEC. 4.21. TEMPORARY NON -INTOXICATING MALT LIQUOR LICENSE. Subd. 1. Applicant. A club or charitable, religious, or non-profit organization, duly incorporated as a non-profit or religious corporation under the laws of the State of Minnesota, and Lhe City, shall qualify for a temporary on -sale non -intoxicating malt liquor license, for serving non -intoxicating malt liquor. Licenses may be issued for serving, in addition to other premises, on and off school grounds, and in and out of school buildings. ORONO CC 77 SEC. 4.23. HOURS AND DAYS OF NON -INTOXICATING MALT LIQUOR SA'vS. No sale of non -intoxicating malt liquor shall be made b en the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any w ,y, Monday through Saturday, inclusive. Nor shall any sale be ma on any Sunday between the hours of 1:00 o'clock A.M. and 12:00 o'c..:::k noon. SEC. 4.24. UNLAWFUL ACTS (NON-IXTOXICATI'RG MALT LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. ORONO CC 79 INTOXICATING LIQUOR SEC. 4.30. LIQUOR LICENSE REQUIRED. It is unlawful for any person to sell, or keep or offer for sale, any liquor without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to such potable liquors as are prescribed by licensed physicians and dentists for therapeutic purposes, (3) to industrial alcohol and its compounds not prepared or used for beverage purposes, (4) to wine in the possession of a person duly licensed under this Chapter as an on - sale wine licensee, or (5) to sales by manufacturers to wholesalers duly licensed as such by the State of Minnesota and to sales by wholesalers to persons holding on -sale licenses from the City. SEC. 4.31. LIQUOR LICENSE RESTRICTIONS AND REGULATIONS. GEh99RAL PROVISIONS Subd. 1. Prior to issuance of any on -sale or off -sale license the applicant shall file with the City Clerk a bond with a corporate surety, cash, or United States government bonds in the sum of $5,C30.00. Subd. 2. No license shall be granted to a wholesaler or manufacturer of liquor, or to anyone holding a financial interest in such manufacture or wholesaling. Subd. 3. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. Subd. 4. No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. Subd. 5. No licensee shall sell, offer for sale, or keep for sale, liquor in any original package which has been refilled or partly refilled. Subd. 6. No licensee shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 7. No more than one license shall be held by any person, except as provided in Section 4.05. For the purpose of this Subdivision, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. ORONO CC 80 Subd. 8. The Council may issue the number of licenses authorized by statute or restrict such number from time to time as it may, in its discretion, deem proper. Subd. 9. The business records of the licensee, including Federal and State tax returns, shall be available for inspection by the Council, or other duly authorized representative of the City, at all reasonable times. Subd. 10. Any proposed enlargement, alteration or extension of premise shall be reported to the City Clerk at or before the time application is made for a building permit. Subd. 11. Every license shall be granted subject to the provisions of the Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. ON -SALE LIQUOR AND WINE Subd. 12. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant, hotel or motel. Subd. 13. On -sale licenses shall be granted only to hotels, motels, restaurants and bona fide clubs. Subd. 14. No on -sale license shall be granted for a restaurant or hotel which does not have a total market value, including land, building and equipment of at least $200,000.00, nor shall a Sunday sale license be granted for a restaurant or hotel which does not have a total market value, including land, building and equipment of at least $500,000.00, as appraised by the City Assessor, except that the Council may grant a license where the total market value is less than the required value on the condition that the establishment be improve,i within five years to the required market value, not including an increase in value caused by the original granting of the liquor license. Subd. 15. No license renewal application shall be considered by the Council until the applicant has filed with the City Clerk a statement made by a certified public accountant, setting forth the total gross sales and the total food sales of the restaurant for the twelve-month period immediately preceding the date for filing renewal applications. Subd. 16. No on -sale license shall be granted to restaurants or hotels unless they are located in a B-1 Commercial Business District. ORONO CC 81 Subd. 17. No sale of liquor shall be made to or in guest rooms of hotels, unless the rules of such hotels provide for service of food in guest rooms, and unless the sale accompanies and is incident to the regular service of meals to guests therein. OFF -SALE LIQUOR AND WINE Subd. 18. An of f-sale licensee may provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offered to the general public without obtaining an additional license providing that the wine, liqueur, and cordial samples are dispensed at no charge and consumed on a licensed premise during the permitted hours of off -sale in a quantity less than 50 milliliters of wine per variety per customer, and 25 milliliters of liqueur or cordial per variety per customer. Subd. 19. No off -sale licensee, his agent or employee shall deliver any intoxicating liquor to or at any place or premises without obtaining a receipt therefor, signed by the person receiving such liquor and bearing the time, date and place of delivery. Such receipts shall be kept in the files of the licensee for a period of one year and such files and receipts shall be available for inspection by the license examiner or designated employee at all hours during which the licensed premises is open for business. Subd. 20. No off -sale establishment may be located within 500 feet of an institution of p,LI is education whose primary purpose is education of individuals in grades kindergarten through 12th grade. Subd. 21. No off -sale est., ;. i ,-`­. ient may be located closer than 1/2 mile from the off -sale i• -n- licensed in the City of Orono with a maximum of two off-sa ' - _ :: anses issued in the City. 82 SEC. 4.32. HOURS AND DAYS OF LIQUOR SALES. Subd. 1. On -sale. No on -sale of liquor shall be made between 1:00 o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8:00 o'clock P.M. on December 24. No on - sale of liquor shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. Subd. 2. Off -sale. No off -sale of liquor shall be made before 8:00 o'clock A.M. or after 8:00 o'clock P.M. of any day, except Friday and Saturday on which days may be made until 10:00 o'clock P.M. No off -sale shall be made on New Year's Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off -sales may be made until 10:00 o'clock P.M. SEC. 4.33. SUNDAY SALES. Notwithstanding anything herein to the contrary, a Sunday on -sale license may be issued to hotels, motels and restaurants, as herein defined, which have on -sale liquor licenses, to serve liquor between the hours of 10:00 o'clock A.M. and 12:00 o'clock midnight on Sundays in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. SEC. 4.34. UNLAWFUL ACTS (LIQUOR). For the purpose of this Section, refer to Section 4.16 and 4.17. (Sections 4.35 through 4.39, inclusive, reserved for future expansion.) ORONO CC 83 SEC. 4.40. ON -SALE WINE. Subd. 1. On -Sale Wine License Required. It is unlawful for any person to sell, or keep or offer for sale, any wine without a license therefor from the City. This Section shall not apply (1) to possession or handling for sale or otherwise of sacramental wine or any representative of any religious order or for use in connec- tion with a legitimate religious ceremony, (2) to sales by c:�•nufac- turers to wholesalers duly licens-d as such by the :>Ya-:e of Minnesota, (3) to sales by wholesalers to persons holding can -sale or off -sale liquor licenses from the City, or (4) to sales by wholesalers to persons holding on -sale wine licenses from the City. Subd. 2. On -Sale Wine License Restrictions and Regulations. A. Prior to issuance of any on -sale wine license, the applicant shall file with the City Clerk a bond with a corporate surety, cash, or United States government bonds in the sum of $3,000.00. B. No license shall be granted to a wholesaler or manufacturer of wine, or to anyone holding a financial interest in such manufacture or wholesaling. C. No license shall be effective until a permit shall be issued to a licensee under the laws of the United States, if such permit be required under such laws or the State of Minnesota. D. No gambling or gambling device shall be permitted on any licensed premises, except such as are licensed under the City Code. E. No person under the age of eighteen (18) years shall be employed upon premises, or in any rooms constituting the same, except that persons under the age of eighteen years may be employed as musicians or to perform the duties of a busboy or dishwashing services in places defined as a restaurant. Persons under eighteen years of age may be employed as waiters or waitresses in places defined as a restaurant, hotel or motel to serve food in rooms in which only wine is sold on -sale, provided they shall not be permitted to serve or sell wine. F. No licensee shall display wine to the public on days or during hours when the sale of wine is prohibited. G. No more than one license shall be held by any person. For the purpose of this Subparagraph, any person owning a beneficial interest of five percent, or more, of any licensed establishment shall be considered a licensee. ORONO CC 84! H. On -sale wine licenses shall be granted only to restaurants as defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than twenty-five guests at one time. I. Every license shall be granted subject to the provisions of this Chapter and all other applicable provisions of the City Code and other laws relating to the operation of the licensed business. SEC. 4.41. HOURS AND DAYS OF SALES BY ON -SALE WINE LICENSEES. No sale of wine shall be made between 1:00 o'clock A.M. and 12:00 o'clock noon on Sunday, nor between 12:00 o'clock midnight and until 8:00 o'clock A.M. on Monday, between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday, including Saturday; nor between the hours of 8:00 o'clock P.M. on December 24 and 1:06 o'clock A.M. on December 25. SEC. 4.42. UNLAWFUL ACTS (WINE). For the purpose of this Section, refer to Section 4.15 and 4.17. (Sections 4.43 through 4.49, inclusive, reserved for future expansion.) ORONO CC 85 BOTTLE AND CLUB LICENSES SEC. 4.58. ADDITIONAL CLUB LICENSEE RESTRICTIONS AND REGULATIONS, AND UNLAWFUL ACTS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Member" means any person in good standing according to rules and regulations of the licensed club, wherever located, having evidence of current membership upon his person. B. "Guest" means a person not a member of the club licensee but present on the club licensed premises in the company of a host member. C. "Host member" means a member who is entertaining a guest who is in the member's company at all times such guest is on the licensed premises. D. Definition. For purposes of this Section, the term "bottle club" is a "club" as defined in this Chapter, or an unincorporated society which; except for its lack of incorporation, otherwise meets the requirements of a club, and which is not otherwise licensed for the sale of liquor, either on -sale or off - sale or both. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter relating to sales and purchases of non -intoxicating malt liquor or liquor, as the case may be: A. It is unlawful for a club licensee to sell liquor or non -intoxicating malt liquor to any person not a member of the licensed club. B. It is unlawful for any club licensee to serve non -intoxicating malt liquor or liquor to any non-member of the licensed club unless such non-member is a guest. C. It is unlawful for any person who is not a member of the licensed club to purchase liquor or non - intoxicating malt liquor from the club. D. It is unlawful for any club licensee to hinder or prevent a police officer from determining compliance with this Section and Chapter, and all other laws. E. It is unlawful for any person to refuse, upon request, Df a licensee or police officer, to provide information as to whether he or she is a member, guest or host member, or to give false, fraudulent or misleading information in response to such request. 86 (cr,^t.ons 4.51 through 4.59, inclusive, reserved for future expansi,w..) ORONO CC 87 SEC. 4.60. CONSUMPTION AND DISPLAY. Subd. 1. License Required. It is unlawful for any bottle club or for any business establishment to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing liquor without a license therefor from the City, but a bottle club as herein defined and licensed may permit its members to bring and keep a personal supply of liquor in lockers assigned to such members. Subd. 2. Restrictions and Regulations. A. Every bottle, container or other receptacle containing liquor stored by a member of a bottle club shall have attached to it a label signed by the member of the club, shall be kept in a locker designated to the use of such member, and no other liquor shall be on bottle club premises. B. It is unlawful for any club member under the State established legal drinking age to be assigned a locker for the storage of liquor or to consume or display liquor on any premises under control- by such club. C. It is unlawful to consume or allow consumption or display of liquor in any bottle club or business establishment between the hours of 1:00 o'clock A.M. on Sunday, nor until 8:00 o'clock A.M. on Monday, nor after 8:00 o'clock P.M. on December 24. No on -sale of liquor shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on any weekday or Saturday. D. No license shall be issued to any bottle club when a member of the board, management, executivL committee, or other similar body chosen by its members, or when a business establishment or the owner holds a Federal retail liquor dealer's special tax stamp for the sale of liquor. E. Liquor sold, served or displayed in violation of this Ordinance shall be subject to seizure for purposes of evidence. Subd. 3. State Permit Required. It is unlawful for any person or business establishment, directly or indirectly, or upon any pretense or device, to allow the consumption or display of liquor or the serving of any liquid for the purpose of mixing of liquor without first having obtained a permit therefor from the State of Minnesota. ORONO CC 88 102688.2 TO: Mayor and City Council FROM: Mark Bernhardson, City Administrator W DATE: October 26, 1988 L�J e G / vEA1 SUBJECT: County Road 51/Safety Attachments: A. David Singer Letter Dated 10/21/88 B. LMCD Letter Dated C. DNR Letter Dated ISSUE - Presentation of information regarding progress on County RoRo—c-51. INTRODUCTION - At the Council's September 26, 1988 Council meeting the issue of safety of County Road 51 was discussed. Since that time the County has indicated their willingness to work with the City. Staff met with Dennis Hanson of Hennepin County Transporation to review alternatives on October 25, 1988. Subsequent to that September meeting the City has received a letter from Lake Minnetonka Conservation District expressing their opinion on the matter together with DNR indicating that safety of parking is the primary issue (however they still feel that there need to be a select number of spots around the lake and it is up to the Cities and other agencies to insure that they are provided.) DISCUSSION - .At our meeting with Mr. Dennis Hanson of Hennepin County on October 25, 1988, the City laid out the following items for exploration: - Crosswalks - Pedestrian safety zone - Car spacing - Restriping of the road - Expanded shoulder - Curbing - Flashing pedestrian lights - Narrow drive lanes - Speed limit change - Lengthening No Passing lane - Access dock The County is exploring these and will bring back recommended alternatives and options that they may see as feasible on that stretch of the road. It was hoped that they will be back to us by this time for further communication at this meeting, but it is not anticipated that we will see those until the week of 11/14. The City, when the alternatives are developed, will send a list of those alternatives to all the residents along County Road 51 to appear at the discussion of this item. ALTERNATIVES 1. Accept the information. 2. Make any further comments Council wants to make. 3. Take no action. RECOMMENDATION - It is recommended that the Council accept the information presented making any further comments that they may desire regarding this item and table it to the December 12, 1988 Council meeting. PROPOSED MOTION - Moved by seconded by _, that the Council accepts the information and tables discussion on the item until December 12, 1988. Ayes , Nays cc: David Singer, 3520 North Shore Drive, Wayzata 2 David A. Singer, Law Offices David A. Stager. Satre 4301Yat Paekdals Plaza 1080 . 100 St. Loate Park. MN 11bL19� � (610) ""110 October 14, 1988 Re: County Road 51 Parking Dear Neighbor: I ) f ( OCT 2 4 lip f �ll � L 1 In Assoe_BWV&NAW Peter"a a Stager - 7tS0 North Star East 608 gad Ave. So. Minneapolis. MN 55402 I am enclosing copies of all pertinent documents that have been generated to date, regarding the parking issue. Some of you received some of these papers earlier. However, I had only randomly selected a few households based on the number of available copies I had made at the time. That was done on short notice, when I realized how quickly the City had placed the matter on the Council Agenda. Let me explain how I came to act on this matter by m�r.-�elf. I first called Mr. Bernhardson in late summer to inquire about whether there was any history of this issue coming before the Council or the City staff. He was kind enough to put together a rather bulky packet of materials that had accumulated from pre- vious governmental activity on the matter. That was the first that I knew of a petition that was filed by many of you in 1985. After reviewing the materials provided me, I was at a loss to understand why nothing further was done whether through a failure of City's elected or staff officials, and/or the County's elected or staff officials. Given the governmental political sensitivities towards lakeshore issues, I did not presume the fault was with any particular official, group of officials, or a specific governmental entity. That is why I have addressed my letters expressing concern to everyone who is in a position of potential power. In any event, Mr. Bernhardson expressed a geniune interest and willingness to reopen and reconsider the issue, and was partic- ularly receptive to do so on an accelerated time table, while the road is being torn apart for sewer construction. with this background, let me state that my letters to govern- mental officials are intended to only express my point of view, which may differ in perspective from your own. I do not purport to know the right answers or to serve as a group spokesman. My only intent is to raise some thought provoking suggestions for anyone interested and willing to listen and hopefully, in a position to respond and act. I fell- the urgency of having the issue promptly raised and con- sidered regardless of whether there is a neighborhood consensus of the ­,-? or preferable solution, or what that consensus might be. In that regard, I personally think the best solution should come from persons with expertise in traffic safety, vis a vie private citizens, elected officials, or other government employees with areas of expertise that are elsewhere. Please be assured that I do not however, feel your input or assistance is unwelcome or would not be helpful. Time con- straints made any sort of organizational effort impractical. My purpose in sending you these materials is primarily to keep you informed of what is going on since I am in the best position to do so. Since the City obviously did not endeavor to notify me of the petition that was filed in 1985, I want to make sure that everyone who is affected by any action that is taken at least has the opportunity to know of what is taking place and can make a conscious choice whether to offer suggestions, input or otherwise remain non-involved. If you have any questions or suggestions, for me, it is easiest to catch me at work or leave me a message at work. Since I will obviously have something to say for myself in any future public meetings, I would certainly welcome any thoughts you may have for me to consider, if you are unable or otherwise not desirous of personally attending. V truly yours, d A. Singer DAS:nr JOHN E. DFRUs PHONE A1 CH1HwN VAN c ?r OC. 348-3086 K r�YNt3V" BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487-0240 OCT i i Im October 3, 1988 Mr. David A. Singer David A. Singer, Ltd. Suite 220 Marsh Run 11900 Way=ata Blvd. Minnetonka, MN 55343 Dear Mr.Singer: I would like to thank you for your letter expressing concern for the traffic situation in the area of the North Arm Boat Launch facility. I share your concern for the safety of those who frequent this area. I have directed Hennepin County staff to review the alternatives outlined in your letter, and to meet with representatives of the City of Orono. I have asked Vern Genzlinger, Hennepin County Engineer, to place this item on the Public Service Committee agenda as soon as staff has made a thorough investigation. I have also asked him to inform you of that meeting date so that you can be in attendance if you wish. If I can be of any further assistance, please do not hesitate to call. Sincerely, LhLnE. CDekrus i r.mn v 92688.2 To: Mayor Grabek 6 Orono Council Members Frost: Mark E. Bernhardson, City Administrato Date: September 20, 1988 Subject: Administrative Action ATTACHMENTS - A. Personnel Rules Section 209 ISSUE - Council approval of a suspension for Mr. Larry Tomcheck related to the violation of City rules. INTRODUCTION - At an Administrative Hearing, Mr. Tomcheck was found in violation of City Personnel Rules on two separate, unrelated occassions. DISCUSSION - As a result of this I am recommending that he be given a two day suspension to be arranged between the of and himself together with an additional one day suspens' ch is held in advance provided that he has no same imilar violations before April 1, 1989. ALTERNATIVES - 1. Accept the recommendation as presented. 2. Undertake a full hearing on the matter. 3. Hear only if there is an appeal. 4. Table for further discussion. 5. Choose to take r. ction. RECOMMENDATION - It is recommended that the Council confirm the dis is plane with a hearing to be held should the individual choose to appeal the suspension. Mr. Tomcheck has demonstrated excellent performance since the incidents and investigative hearing. PROPOSED MOTION: Moved by , seconded by , to approve to confirm the discipline with an appeal hearing to be held should the individual choose to appeal the suspension. Ayes , nays cc: Melvin Kilbo, Chief of Police Larry Tomcheck, Patrol Officer b. Step Two. The Department Head will discuss the grievance with the employee and give a written decision within ten (10) days of receipt of the written statement. If the employee is not satisfied with the Department Head's decision, the employee may request a meeting with the City Administrator. The grievance to the Administrator shall be submitted in writing by the employee and signed within ten (10) days following the response or passage of the Department Heads's response deadline. C. Step Three. The City 'Administrator shall explore the nature of the grievance and discuss all relevant circumstances with the employee. The City Administrator shall give a decision in writing within fifteen (15) days of receipt of the written statement of grievance as to whether or not any action will be taken in response to the employee's grievance. 209. DISCIPLINARY ACTION 1. The method of and procedures for disciplinary action shall be determined by the City Administrator, subject to approval by the City Council if the action involves suspension or termination. 2. Employees may be disciplined in the form of: a. Oral reprimand b. Written reprimand C. Suspensions with or without pay d. Demotion e. Transfer f. Discharge 3. In all cases of suspension, transfer, demotion, or dism sal, the reasons for such action must be presented in a dated, written statement to the employee affected as soon as practicable after the action has taken place. 4. An employee may request a meeting with the City Administrator to discuss any disciplinary action taken against the employee. The employee must submit the request in writing and state the grounds for the request. The City Administrator shall meet with the employee within ten (10) days of receipt of the written request. 5. Cause for disciplinary action including reprimand, suspension, demotion or dismissal shall include but not be limited to any of the following: a. Incompetency, inefficiency or neglignece in the performance of duty. b. Insubordination, including, but not limited to, refusal to obey an order which a superior is entitled to give and have obeyed, or refusal to do assigned work which the employee is capable of doing. c. Public statements which are slanderous or libelous. d. Tardiness after written warning. e. Unauthorized absence or abuse of leaving privileges. f. Being under the influence of intoxicating liquor, a controlled substance not prescribed by a physician or other substances adversly effecting employee performance while on duty. g. Use of offensive conduct or language toward the public, City officials or employees. h. Conviction of a criminal offense or misdemeanor involving moral turpitude. i. Failure to pay or make reasonable provisions for payment of debts due or owing, causing thereby annoyance to officers and employees of the City; provided that garnishment of an employee's earnings shall not be cause of dismissal unless the employee's earnings are subjected to four or more garnishments within a ninety (90) day period involving more than one indebtedness. J. Negligence in the handling or control of City property or in performance of employee duties. k. Proven dishonesty in the performance of an employee's duties. 1. Violation of any provision of law or of this policy. M. Violation of personnel or department regulations. n. Any other conduct which is detrimental to the well being of the City or which detracts from the health, welfare or safety of the community. 6. An employee who is aggrieved by any disciplinary action of the City Administrator may request a hearing before the City Council. The hearing request shall be submitted in writing to the Mayor or Council Member at least seven (7) days prior to any regular council meeting. The written request shall contain a general statement of the City Administrator's decision that the employee is challenging. The hearing shall be held within twenty - aright (28) days of receipt of the request, unless an extension is 5 agreed to by the parties. If tiie employee appeals the disciplinary action taken by the City to any other state, federal or governmental agency, the employee waives his/her right to appeal the disciplinary action to the City Counci 1. Prior to the appeal to the City Council, the employee shall submit a written statement to the City Administrator that the employee has not appealed the disciplinary actions to any other governmental body. 210. ABSENCE WITHOUT LEAVE An employee who is absent from employment, including any absence for a single day or part of a day, that is not authorized by a specific grant, leave of absence, vacation or sick leave by the City Administrator or City Council under the provisions of this policy, will be deemed to be absent without leave. Any such absence shall be without pay and the employee will be subject to disciplinary action, including discharge. 211. INSERVICE TRAINING The Administrator shall coordinate and assist the efforts of department heads in establishing and maintaining a system of employee training. 212. SUGGESTIONS AND AMENDMENTS The Administrator and employees for improving the suggestions may be presented or memorandum with a copy t 213. PROHIBITED PRACTICES o 1. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the City's personnel system or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this Policy. 2. No person seeking employment or promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any perso� for or in connection with their test, proposed appointmer promotion or proposed promotion. No person shall either direct. or indirectly solicit, pay, render, receive, or give mon-y, service or other valuable thing to any person for, or in connection with any test, appointment, promotion, demotion, layoff or dismissal. 3. No person in the employment of the City, or seeking admission thereto, shall be favored or discriminated against in any way 6 11587.3(47) r TO: Mark Bernhardson, City Administrator R f FROM: Tom Kuehn, Finance Director DATE: November 4, 1988 SUBJECT: Appoint Auditor for Fiscal Year 1988 We have requested cost estimates from the audit firm of Pannell Kerr Forster for performing the 1988 fiscal year audits. They have submitted a total estimate of $14,000, excluding direct expenses and excluding any additional expenses incurred as a result of application to the Certificate of Achievement for excellence in financial reporting. This compares with an actual cost for the 1987 audits of $12,735 plus $751 for direct expenses. The 1988 FY cost estimates are: a. Annual audit for the City $12,200 b. Single audit covering federal programs 750 c. Minnesota legal compliance audit 1,050 TOTAL $14,000 We have budgeted $14,110 in 1989 for the 1988 audits, plus $3,260 for the Certificate of Achievement costs. RECOMMENDATION - It is requested that Council approve the appointment of the audit firm of Pannell Kerr Forster, C.P.A.'s to perform the required audits of the 1988 fiscal year records. TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat Forwarded recommending approval. PROPOSED MOTION - Moved by , seconded by _, to appoint the audit firm of Pannell Kerr Forster to perform the required audits for the 1988 fiscal year at an estimated cost of $14,000 plus direct expenses. Ayes _, Nays _ -_N A RESOLUTION ORDERING ABATE)ENT OP HAZARDOUS BUILDING PRO®IFGS AT 4545 WATERTOWN ROAD, ORONO WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Earl Freeman, P.O. Box 685 Lemont, Illinois 60439 if the fee owner of record, of property located at 4545 Watertown. Road, Orono, Minnesota, herein referred to as "the property", and legally described as, follows : Property Identification Number: 31-118-23 24 0004 That part of the East 1/2 of the West 3/8 of the East 1/2 of the Northwest 1/4 Section 31, Township 118, Range 23 lying Southerly of County Road Number 6 and Northerly of the Southwesterly extension of the Northwesterly right-of-way of Ringer Route Road, Unplatted 31 118 23, Hennepin County, Minnesota and WHEREAS, the City Council of the City of Orono, having duly considered the matter pursuant to Minnesota Statutes Sections 463.15 to 463.261, hereby finds that the above described property is uninhabitable and contains unsanitary and hazardous conditions which constitute a public nuisance and which makes this property hazardous to the public health, safety and welfare based on the following findings: 1. East side of building - make -shift addition, no permits issued, bottom studs are rotted off, 2x4 rafters over -spanned, plywood just nai 1 ed to the wa 11 at random. 2. Foundation wall is bad. Stone foundation - cracks throughout, bowing on south wall. Foundation is deteriorating from inside and outside of structure. 3. Tuck -under garage foundation is stone and has improper beam supports. South wall caving in. 4. Improper beam supports - wood column to floor with block of wood under it as footing. 5. No fire separation between residential unit and garage. 6. Gas line in basement is not capped. Shut off provided only. 7. Floor joists - basement wall at cracked and in very poor condition. Page 1 of 7 To: Mayor Grabek & Orono Council Members Pros: Thomas J. Jacobs, Building & Fire Inspector Date: November 2, 1988 Subject: 4545 Watertown Road - Hazardous Building Proceedings Attacbaent - Proposed Resolution Issue - Determination as to whether Council desires to initiate Hazardous BB ding Proceedings at the above address. Discussion - Staff is requesting that the Council review the above subject property for hazardous building proceedings. )After receiving complaints regarding the unsafe condition of the occupied building, staff conducted an inspection which revealed that the building is in a damaged and deteriorating state, which constitutes a definite hazard. Attempts have been made by staff to contact the owner of the above subject property with no results. Major items of concern by staff are as follows: 1. Make -shift additions without permits - structurally unsafe. 2. Water service subject to freezing leaving occupants without water. 3. Heating system - no sufficient for structure leaving occupants with little or no heat in rooms. 4. Building is in a state of deterioration and dilapidation thus leaving it a safety and health hazard. Alternatives - There are four options that can be taken: 1. Table proceedings. 2. Adopt resolution as written. 3. Adopt resolution with amendments. 4. Deny resolution. Recommendation - Staff recommends adopting resolution as is and commencing with the Hazardous Building Proceedings. Proposed Motion: Moved by , seconded by , that the Orono City Council adopt Resolution # initiating Hazardous Building Proceedings at 4545 Watertown Road. Ayes , nays . TO: Mayor Grabek & Orono Council Members FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval. 8. Water line from pressure tank covered with heat tape. Water line is unheated. No water available in the winter. 9. Exterior stairway - boards missing. Stairs unsafe to main house. 10. Furnace type - warm morning, gravity type. Improper clearances for vent, no controls. No heat in rooms. No heat in basement. 11. Plumbing is unvezted in bathroom. Fixtures leaking on floors creating water damage. 12. Rooms sizes are too small. 13. Front porch area added on without permit. Make -shift, unstructurally unsound, rafters are 2x4 over -spanned. 14. Front doorway entrance room finish covering is cardboard, improperly insulated. 15. Front step made of 2x4 and plywood platform type, no support, structurally unsafe. 16. Roofing - needs new roof because it leaks into electrical light fixtures causing shorting problems, improper atic ventilation. ion. Roof is wood to earth se ation i improper a roofous sheating trotted off, walls yin deteriorated separation, state - rotting. 18. Fill has been brought onto the site without prop9r permits or authorization. 19. Junk cars stored by pole barn. Junk and debris is scattered throughout the lot. 20. Smoke detector was provided by renter after told by Inspector to install for safety reasons. 21. Living room floor slopes to the north, probably a 3-4" drop: drop on south side is about 2". 22. Exterior Wirinf the 9 has beenhouse known to shortvery circut dueand todeteriorating ater condition. damage co from roof leaking. Page 2 of 7 23. Earth covering wood siding. Building is in a state of deterioration and dilapidation, thus it is a safety and health hazard pursuant to Minnesota State Building Code/Uniform Building Code, Section 203. Orders to remove or repair the structure were issued by the Building official on October 18, 1988. These orders have not been complied with. NOW, THEREFORE, BE IT RESOLVED as follows: A) That the City Council of the City of Orono, pursuant to State Statute 463.251, hereby orders the owner(s) to board -up and secure the structure within ten (10) days. The City Council further orders that unless corrective action is taken within ten (10) days from the date of service of this order, it will result in the City properly securing the building and the cost thereof.will be charged against the real estate as provided in State Statute Section 463.21. B) The City Council of the City of Orono, pursuant to the foregoing findings and in accordance with Minnesota Statutes Sections 463.15 to 463.261 hereby orders the owner(s) of the property to make the following repairs in order to correct the hazardous condition: 1. Remove make -shift addition due to unsafe condition and it is not structurally sound pursuant to UBC Section 203. 2. Foundation wall is bad. Stone foundation shall be removed and foundation must be installed to resist horizontal forces pursuant to UBC Section 2310. 3. Remove tuck -under garage foundation which is caving in and install new foundation which will resist horizontal forces pursuant to UBC Section 2310. 4. Remove improper supports and provide wood or steel columns properly installed pursuant to UBC Section 2516 (c)(4). 5. Provide 1 hour occupancy separation between the residential occupancy and the garage. Separation may be limited to the installation of the materials approved for 1 hour fire resistive construction on the garage side and a self closing, tight- fitting, solid wood door (1 3/8" thickness) will be permitted pursuant to UBC Section 503 (d) (4). Page 3 of 7 J 6. Gas line in basement must be capped pursuant to NFPA. 7. Remove all damaged f loor joists and instal 1 with new f loor joists which meet UBC Table #25 U-J-1 for recommenced size and spacing. Each joist shr,11 have not less that 1h" bearing on wood or metal nor less than 3" on mason Ty pursuant to UBC Section 2517 (d) (2) (this includes all floor joists with notches or holes in the top or bottom of joistz whir:h exceed 1/16 :)f the depth and shall not be located in the middle 1./3 of the space pursuant to UBC Section 2517 (d) (3). All lumber shall he identified by the grade mark of an approved agency pursuant to UBC Section 2505. 8. Due to water supply freeze-up, the premises intended for human habitation, rccr-pancy &Ohal l be provided with a portable water supply which meets the requirements of the Commission of Health. Such water supply shall not be connected with unsafe water sources nor shall it be subject to the hazards of back; flow or back siphonage. Proper protection shall be provided to prevent contamination of food, water, sterile goods and similar materials by back flow or sewage. When necessary, the fixtures device or appliance shall be connected indirectly with the building drainage system. Eac11 f imily dwelling unit shall have at least one water closet, one lavatory, one kitchen -type sink, and one bathtub or shower to meet the basic requirements of sanitation and personal hygiene. The system must be designed and installed to be protected from the weather pursuant to MN Plumbing Code Section 4715.0210. 9. Remove exterior stairway and replace with materials which resist decay from weather pursuant to UBC Section 2516 (c)(3). Both exterior stairways must be constructed minimum of 36" in width, 8" maximum riser, and 9" minimum treads pursuant to UBC Section 3306 (a)(b)(c). 10. Remove and replace furnace which will provide a minimum room temperature of 70 degrees fahrenheit at any point 3' above the floor. This is in all habitable rooms pursuant to UBC Section 1211. Page 4 of 7 -11 11. Remove plumbing fixtures in bathroom and provide proper vents and clean -outs pursuant to MPC Section 4715.0210. All plumbing fixtures shall be re -installed with regard to spacing as to be accessable for their intended use and cleansing. Each fixture shall he provided with a separate accessable, self - scouring, reliable water sealed trap placed as near to the fixture as possible pursuant to MPC Section 4715.0240. All materials used in drainage and plumbing system or part thereof shall be free from defects and no materials which are damaged or defected shall be installed pursuant to MPC Section 15.0400. 12. Provide one room with a minimum of 120 s.f. of floor area. All other habitable rooms, except kitchen, shall have area of not less than 70 s.f. No room shall be less than 7' in any dimension pursuant to UBC Section 1207 (b)(c). 13. Remove front porch area which was added on without a permit because it is structurally unsound pursuant to UBC Section 203. 14. Remove all cardboard from wall and ceiling used as a finished material, properly insulate and cover with approved material pursuant to UBC Section 4204 and Table #42 (b). 15. Remove front step and replace with step made of proper materials, maximum rise 8", minimum tread 9", pursuant to UBC Section 2516 (c)(3). Also provide 42" minimum frost footings pursuant to UBC Section 2907 (a). 16. Remove existing roofing and replace all rotting or rotten sheathing pursuant to UBC Section 3212 (a). Also, all electrical must be checked out by a master electrician certified by the State of Minnesota and must meet NFP.A Chapter 70. 17. Shed is to be removed because it is left in a hazardous condition pursuant to UBC SectioL 203 (a). 18. Fill has been brought onto the site without proper permits or authorization. Remove fill or apply for permit for filling and grading pursuant to Orono Municipal Code Section 10.03, Subdivision 19. 19. Remove all junk cars, junk and debris throughout lot pursuant to Municipal Code Section 9.50. Page 5 of 7 20. Provide a fire warning system. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Smoke detectors shall receive their primary power from the building wiring. The wiring shall be permanent and without a disconnecting switch, other than those required for over -current protection. Smoke detectors shall also be installed in the basement of the dwelling unit. Such detector shall 'le connected to a sounding devise other or other detector to provide an alarm which will be audible in the sleeping area pursuant to UBC 1210. Provide emergency escape window in each bedroom. All escape or resue windows from sleeping rooms shall have a minis: net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of escape or rescue they shall have a finished sill height not more than 44 inches above the floor. Pursuant to UBC -� 1204. 21. Remove flooring and floor joists on first floor and correct 3-4" drop which is caused by structural failure of walls below. 22. All wiring, including exterior, must be checked by a master electrician due to poor maintenance and deteriorating conditions of structure pursuant to NFPA Section 70. 23. Remove all earth covering wood siding and remove all decayed siding and wood and replace pursuant to UBC Section 2516 (c)(3). Wood cannot be within 6" to earth. 24. All weather exposed surfaces shall have a weather resistive barrier to protect the interior wall coverings. Such barrier shall be equal to that provided in the UBC Standard #17-1. All exterior materials must be approved for exterior use and properly installed pursuant to UBC Section 2516 (9)(1). If the repairs are not completed or unless an answer is filed within twenty (20) days from the date of service of this order, the City shall move the District Court for summary enforcement of this order. That the City Council of the City of Orono hereby authorizes and directs the Mayor, City Clerk, City Attorney, and other officers and employees of the City to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with -taxes. Page 6 of 7 Adopted by the City Council of the City of Orono, Minnesota, th- 14th day of November, 1988 APPROVED: ATTEST: James R. Grabek, Mayor Dorothy M. Hallin, City Clerk Page 7 of 7 11988.1 TO: Mark Bernhardson, City Administrator FROM: Dorothy Hallin, City Clerk DATE: November 11, 1988 SUBJECT: Proposed Ordinance Amendment - Dog License Attachment: A. Proposed Amended Ordinance B. Application for Dog License In preparation for the City wide bulk mailing of the dog license application it was determined that the current ordinance did not describe the requirement that the rabies certificate be effective for the duration of the license period. The attached proposed ordinance (Attachment A) will be in agreement with the requirement for a "Valid Rabies Vaccination Certificate" as stated on the license application (Attachment B). TO: Mayor and City Council FROM: Mark Bernhardson, City Administrat Forwarded recommending approval. PROPOSED MOTION - Moved by _, seconded by , to adopt Ordinance Number , Second Series amending Section 9.12 Subdivsion 4 of the municipal code. Ayes _, Nays 4TT-"wr ORDINANCE # , SECOND SERIES AN ORDINANCE AMEND?.NG THE ORONO MUNICIPAL CODE SECTION 9.12, SUBDIVISION 4, ADOPTED APRIL 1, 1984 AND ENTITLED •APPLICATION". The City Council of Orono ordains as follows: SECTION 9.12, Subdivision 4. is amended to read as follows: Section 9.12, Subdivision 4 (A). Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. If a dog is impounded by the City and found to not have a current rabies vaccination, the dog will automatically receive such vaccination prior to leaving the pound, at the owner's expense. No more than two dog licenses shall be i- sued to any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lct, property or address. Adopted by the City Council of Orono on this 14th day of November, 1988, by a vote of ayes and nays. James R. Grabek, Mayor ATTEST: Dorothy M. Hallin, City Clerk Published in the Laker Newspaper on the day of 1988. City of ORONO P.O. Box 66 CRYSTAL BAY. MN 55323 PHONE: 473-7357 APPLICAInON FOR I.W, LICENSE RENEWALS ARE DUE BY JANUARY 31ST All information must be provided: Application Date Dog Ow•tlerh Name Slreel Address Phone No. DmAptlon of Dog Name or Dog Breed Color Age Weight Rabies CerliErale No. _ Expiration Dale Lbs. Sex Attach Same Infocmalim for Second Dog A Kennel License is required for 3 or store dog%. YOU MUST ATTACH 1. VAI ID RABIES VACCINA1lON CER7119CATE — All lion%% %hall he imuctl by the City and application% therefore shall be ac- comrankd by a certificate issued by a veterinarian keened to rtrac- lice it? the Stale of Minnesota, showing that the dog is vaccinated i against rabies fa ;le duration of the applied for license. Should The { rabies vaccination expire prior to the full term of the license, thv (wyner is respomible for updating such vaccination. If a dog ilt im- pounded by flee City and found to not have a current rabies vacci- nation, the dog will t,utomatically receive such vaccination prior to leming the pound, at the ownerls expense. Section 9.12, Subdivision 4. L'I SE FEE K payable To City of Ororo. for 2 year license issued in odd number year. for Iyear license issued in even numbervear. ACCINATION CERTIFICATE, LICENSE AND DOG LL RE PROMPTLY SENT BACK RY REfURN MAIL. OGS KEPT IN RESIDFNTIAI, KENNELS MAST ALSO HAVE INDIVIDUAL. IX)G LICENSES. Excerpts from Dog Control Ordinance December 19M A I)OG LICENSE IS REQUIRED FOR ALL DOGS over 6 nwmlh% of are. e%cept for seeing -eye dogs or cog% kept in a licensed connner- cial kernel. IT IS ILLEGAL lO KEEP MORE 'I I IAN 2 DOl iS over 6 months old without a kennel license. DOC: OWNERS ARE: LEGALLY RFSPONSIBLE for licensing and controlling [heir anineals. "Dog Owner" cleans any person who owns, harbors, keeps or liceet%es any dog, or the parents or guardians of such a pemon under IN years of age. DOG LICENSE REQUIREMENTS VAI.ID RABIES VACCINA110N CERTIFICATE — All licenses %hall be issued by the City and application Illerefore %hall be accom- prinicd by a cerlilicatc issued by a veterinarian licensed to practice in the State of Minitccola, dnowing that llte dog is vaccutaled againq rabirs for the duraliou of ate applied fro license. Should the rabies vaccination expitc prior to the full term of file lecen%e. the owner is rapdmsibe rot upolaling such v:rccinalion. If a dog is impounded by Idle City and found to not hmc a current rabies vaccination, the ding sill automatically receive arch vaccination prior to leaving the pound, of rite owner's expenw. Section 9.12, Subdivision 4. -iccnsc Periods run for Iwo year% from January Iq of odd-nundtcted years• All dog hccmes expire De%Yrnber 31st of every even -numbered year. l.kcitw Renew;ah are duc by January 31m. !iced Ices arc S15.00 for a (till limse, or $7.50 if i%wel during an rren -numberet year. I m are not pro -rated. transferable or refund- able. l.icrn%c 7-ag% as provided by the City nium be permanently allachedl In cachJop's collar and muq he worn at all limn. Puplicates are avail- able fora nominal charge in caw of Inn%. KENNEL LICENSE REQUIREMENTS Contact the Zoning Adminislralor — 473.7337 for information and application foam. 1 he Cily Corns it muss approve each license, may limit the number of Jogs, and nmy deny or mvnkc any licence because of locitiot, sanita- liwe, maintenance or numance contplaitn proldcnl%. Feneuel I -icon%" must be renewed annul on or before March 1st each year. Rmidonial Kennel I.1cenc Fee: 525.00/Year. Ccnnnercial Kennel l.iccnschee: SISp.f10/Year. DOG ORDINANCE NUISANCLS AND VIOLATIONS KecL+in& an Unlicenscd tkq over the ate of 6 month%. K ing More f ban 2 s without a Kennef l icen%e. Allowmft Any bi to Run at Large, off the fitof crty of itt ore no and not under restraint. A dog i% under revraint if it is. on the prtmiw% of the pains har- boring or keeping the Joe: or if it is al heel be%i& a ficrtrat had in► custody of it or obedient to that pemon's command: or i% a chin a private motor vehicle; or i% controlled by a lcafi not c%cmlinc cis feet in length. Kc ng Any Dog orl)opg Thai Annoy f)thcr%byharking,him lurcfit (raying b ei%%ecn the (tours of 100) p.m. and 6:0tla.m. K!lMng Any Viciou% 1". Any dog kno%%n to ha%e binco a fiction till us. own property, am Jog known to ha%e habhualh ttc%pa«el or de• e stroyd properly, any dog %%hich %hate% car% lx inlerlcre% %%ith traffic. or any dog declared a public nuisance by %iolalion of any ordinance may be d etiroycd by court order. female Ihttti. in licit muq be kept indoor or at a connncr6al kennel at Ilse ow ncr't eglen%c for the duration of I licit ac.mon. D ngerrwll,'�y. R is mration — Per Chanter 711. Minnesota Statute 347.50, Subdivi%ion 2, the following is required: A proper encloane for the dangeton% dog and a pooine on the prerni%ea with a clearly visihe %yarning eign, inludine a %,awninr symbol to inform children that there i% a dangetou% Joc on ll c prom l y. Proo(of in%urance in the amoral of s50.at1. I iabivt% (vmd r,iih a rider or k4ler from the agent or inavancc compam indicative der bile coverage or n %urety bond. IMPOUNDING. Dogs. %%ilhout a licence tag, or doe% runninc at tare% cveniNcarin—a to -.hall he %cinxd and impounded g g pounded M dnc Police or dog warden. Officer% may enter on private proficrl% ten emote% ttlew ordin:unccs. Dog% having billet anncofle will be imrtrnuuhJ for a1 lead 10 day% of tine n%%ncr'% exrtcn%e. RI:DE611'TION. Impounded cog% will be releaked IliIhcir —,ncn of clairrr %il un 5 days, provided the caner pay% all rcnaltict and pound co%1%. Dog% not claimed all" 5 day% will be %old of Jetero%ed Unlicemed dog%%%ill no he relea%ed until the ownler ohtain% n litcme. RELEASE FEES. Payable at impound location Jutinr arc r%cck or at II le poutai now clxl%: FIRS, FOFFENSE/PEAR t:11.111 SEC% )ND Of F I:. NSE S}5011 ADDI I IONAL OFFENSES t400l,each pill% kennel charges and license fee%. IMPOUND LOCAI ION. All dogs must be picked up at the fionnl. Corcoran Pet Care Center 7569 County Road 116 Corcoran, MN 55340 420.3930 f' Oa1410 �V October 13, 1988 Mr. John Gerhardson Public Works Director City of Orono 1335 South Brown Road Orono, MN 55323 Dear Mr. Gerhardson: The purpose of this letter is to request your approval for direct access from our lot (Lot 3, Block 1, Summit Station) to Long Lake Road. The attached Surveyor's Certificate drawings show how we propose to cut the access. We believe that access from the property onto Old Long Lake road would not cause any additional traffic or safety risk. To the contrary, the cut as we propose would facilitate the entry to the street in a forward motion. Please contact me at my home, 476-0326, or office, 476-2002. Best PAards, J 110188.1HD To: Mark E. Bernhardson, City Administrator From: John R. Gerhardson, Public Works Director Date: November 1, 1988 Subject: Curb Cut Request - 490 Old Long Lake Road Mr. Larry Wiken is currently in the process of constructing a home at 490 Old Long Lake Road. The above address is in the Herrick Circle subdivision and is Lot 3, Block 1, Summit Station. Mr. Wiken is requesting a driveway curb cut on to Long Lake Road. The current ordinance allows one curb cut per lot. I have advised Mr. Wiken that the information in our files indicates that all lots on Herrick Circle will access to/from Herrick Circle. Mr. Wiken states that traf f is f low as he has proposed wi 11 improve regarding safety concerns. It is my opinion that there is room on the property to construct a turn -around, therefore allowing forward motion -� entering/existing Herrick Circle/Old Long Lake Road. RECOMMENDATION - To deny access to/from Old Long Lake Road from residence at 490 Old Long Lake Road and to direct Mr. Wiken to construct access to Herrick Circle. PROPOSED MOTION - Moved by , seconded by , to deny access to from Old Long Lake Road from residence at 490 Old Long Lake Road and to direct Mr. Wiken to construct access to Herrick Circle. Ayes , nays TO: MAYOR & COUNCIL MEMBERS FROM: MARK E. BERNHARDSON, CITY ADMINISTRATOR Forwarded recommending denial. This was platted as a PRD and so that setbacks were taken into account in the commons area between lots, there is an additional issue if Council desires to approve which is the owners right to cross the commons area with a driveway. cc: Mr. L.F. Wiken REGULAR MEETING OF THE ORONO COUNCIL, SEPTE14DER 26, 1977 Page 4 Mr. Alan Olson, Assistant Building i Zoning �IT STATION PRD Administrator, entered into the record the following (Herrick Circle) mmo concerning Summit Station PRO, (Herrick Circle) 1152 dated August 16, 1977, which states: Completion of the replatting of Herrick Circle, to be known as Summit Station, will require the following: 1. Council action to extend the May 1, 1977, dead- line of Resolution 1726, to allow the following steps. Final plats are now on file with the City and the sewer is in operation. The City Engineer will supply a letter of final acceptance. 2. Planning Commission review of the proposed homeowner's agreement and open space easements over Outlots 1 i 2. outlot 2 also should have an underlying access easement to the City as the proposed drive will be the only access to the six lots. 3. Planning Commission public hearing (scheduled for September 19, 1977) to be held concurrently on the land use plan amendment, rezoning and street vacation. 4. Council action, in order: a) Resolution amending the land use plan within the framework of the comprehensive guide plan. b) Ordinance rezoning from RR -ID to R-lA c) Resolution vacating Herrick Circle Street d) Resolution approving the Summit Station plat S. Staff collection of park fee and reimbursements, before signatures on the plat drawings. 6. Applicant recording of the plat. Council fleeting - August 22, 1977 Extended deadline date 90 days, to Novenber 22, 1977. Planning Commission Meeting - September 19, 1977 Reviewed proposal. Recommended approval of land use plan amendment, rezoning ordinance, plat vacation and final plat drawing. Recommended approval of same. Staff - September 20, 1977 Discussion with Druce Italkerson, City Attorney. Plat approval should await receipt of easement documents and title opinion. Council should review the petition for plat vacation. (Continued) j 2a00 RONO TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate DATE: November 1, 1988 SUBJECT: Westonka Senior Citizen's Foundation Attachment: A. Westonka Senior's Letter Dated 10/14/88 ISSUE - Adoption of a resolution to establish a day recognizing senior citizens and the establishment of the foundation. INTRODUCTION - The letter was received after the Council's October 10, 1988 Council meeting and as the next meeting was October 24, 1988 the City was not able to adopt a resolution in time for the requested October 23, 1988 meeting. When discussing this with a representative of Westonka they requested that another day be designated and that a resolution be adopted and that October 23rd was not necessarily a required adoption date. DISCUSSTION - As a result of this and to encourage the Seniors to have an organization run on a financially independent basis, the staff recommends that the attached resolution be adopted and that November 25, 1988 be declared Senior Citizen's Day in Orono (this is the Friday after Thanksgiving and which we will be closed anyway.) ALTERNATIVES - 1. Adopt the resolution. 2. Amend and adopt with any proposed date change. 3. Choose not to adopt. 4. Table until a future meeting. RECOMMENDATION - It is recommended that the attached resolution be adopte . PROPOSED MOTION - Moved by _, seconded by _, that the Council adopt Resolution M declaring November 25, 1988 as Senior Citizen's Day and encourage Westonka Senior Citizens to establish the Foundation for the financial security of the organization. Ayes _, Nays cc: Doris LeGault, President, Westonka Senior Citizens Inc. 1 11188.5 A RESOLUTION DECLARING WESTONKA SENIOR CITIZENS FOUNDATION DAY NOVEMBER 25, 1988 WHEREAS, we need to realize now, more than ever, what a resource our older Americans are, and that the abilities of older Americans to invest our country with their knowledge, creativity and experience cannot be denied; and WHEREAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, encouragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHEREAS, the present membership of Westonka Senior Citizens, Inc. realizes the insecurity of municipal, state and federal funding for senior centers, and the importance of providing a self-sustaining source for future generations of Westonka area senior citizens; THEREFORE, we hereby proclaim November 25, 1988 as Westonka Senior Citizens Foundation Day in our community, and urge the initiation of a united effort on the part of the entire community to establish a Westonka Senior Citizens Foundation by which the funds will perpetuate the services to those future older citizens to promote independence and enhance the quality of their lives. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 14, 1988. Edward J. Callahan, Jr., Acting May ATTEST: Dorothy M. Hallin, City Clerk� 0 �le Senior Citize , 1 4� W Foun&tio C A LEGACY TO YOUR FUTURE L 5600 Lynwood Boulevard Mound, Minnesota 55364 472-0347 • 472-0348 Mayor and City Council Members, City of Orono P.O. Box 66 Crystal Bay, MN 55323 Lear Mayor Grabek and City Council Members: As you know, our Westonka Senior Center has been in existence almost seven ye_ara. During that time, we have seen the growth of participating senior c;.tizens and the increasing need for more service. The projection for the year 2015 is that these numbers of persons over 65 will more than double. We have been very appreciative of the financial support we have received from our four sponsoring Cities of Mound, Spring Park, Orono and Minnetrista. We also realize that the demands on your budgets can only be strained so far. Two years ago we met with your City Manager and the other Cities' Managers and promised to come up with an idea for sustaining funds. We have done this! We have formed Lhe Westonka Senior Citizens Foundation with the help of many of our community friends. We are attempting to ac- cumulate a large fund frum which the interest will be used to perpetuate the -uality services to the elderly of i 0v Wr:;tonka area. We will be kicking off our campaign on October 23rd by having the Founda- tion dedicated at all our local churches on that day. We are asking you to proclaim that day as Vestonka Senior Citizens Foundation Day. Enclosed is the copy of the prozlamation. Thank you again for your support in the past and present and let us hope that with the funds collected, the future fundine will be secure. Sincerely, Doris LeGault President, Westonka Senior Citizens Inc. DLG/ms 102688.3 w' TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate 4 DATE: October 26, 1988 SUBJECT: Dangerous Weapons Ordinance Attachment: A. Dangerous Weapons Ordinance Memo Dated 10/13/88 B. Publication Summary ISSUE - 1. Determination as to whether the Council wants to adopt the proposed ordinance language and summary which recodifies the old ordinance together with adding permits for B-B gun use for pests, starter guns, and further delinated procedures. 2. Inclusion in the ordinance of a prohibition of "Num-Chuks" (a karate weapon) together with listing machettes and butterfly knives on school grounds. INTRODUCTION - At the Council's October 24, 1988 Council they tabled, upon staff recommendation, discussion of this matter until the November 14, 1988 Council meeting. DISCUSSION - To date the staff has heard no further comments or desired changes except for the request the need for a gun safety course prior to issuance of permits, particularily for those under 21 that the Council would make in relationship to this. ALTERNATIVES 1. Table. 2. Adopt. 3. Amend and adopt. 4. Take no action. RECOMMENDATION - It is recommended that the Council adopt the language as proposed plus the additions for school ground restrictions and requirement for a recognized gun safety course or ability qualified per Police Chief requirement for all permittees using firearms, together with the attached summary. PROPOSED MOTION - Moved by _, seconded by _, that the Council adopt Ordinance Number , Second Series as an amendment to Ordiance Number 9.16 together with adopting Attachment B as a summary of that ordinance for publication. Ayes !, Nays cc: Mel Kilbo, Police Chief 101488.5 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator, DATE: October 13, 1988 SUBJECT: Ordinance Amendment - Dangerous Weapons and Articles Attachments: A. Revised Draft Ordinance B. Ordinance 9.10 and Subsequent Amendments ISSUE 1. Consideration of a recodified revision of the existing ordinance plus subsequent am,- '*s to place in more readable form the City's ordinance re*I langerous weapons. 2. Addition of a section to al_.,.v the use of B-B guns for the control of pests when they become a demonstrated nuisance in an area of the City for up to 120 days. INTRODUCTION - Because of the numerous amen.3ments that have been made since the codification of this section of the ordinance it was felt appropriate that the ordinance be revised to make a more readable version of it. DISCUSSION - The only substantive changes are: a.) Permitting the use of B-B gun for pest control. There are times when pests in residential areas can cause problems to a person's gardens and use of the B-B gun under controlled circumstances could be a way of alleviating the problem when other ways GZ elimination have been exhausted. b.) Permit requirement for starting guns. c.) Incoprorating in ordinance the approval authority as presently processed. Presently track and field people together with golf courses use starting guns on occasion and it is felt appropriate that this be an item covered under the permit process. Additionally it adds a requirement that all permit holders must notify all abutting property owners prior to the initial use. ALTERNATIVES - 1. Adopt. (;. �+ cf�� 2. Amend and adopt. Zr; M 3. Table for further discussion. RP ✓ RECOMMENDATION - It is recommended that Council express their views on the recodified version together with the proposed 1 changes in the areas B-B gun permit, starting gun permit and '1 process requirements be incorporated in the ordinance. PROPOSED MOTION - Moved by _, seconded by , to table Attachment A to November 14, 1988. Ayes _, Nays _ cc: Chief Kilbo 2 krTA0-"CP-( 4 -� SEC. 9.10. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for any person to: A. Recklessly handle, throw, or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another; or, B. Intentionally point a firearm of any kind, whether loaded or unloaded, bow dnd arrow, explosive r other dangerous weapon, capable of injuring or killing a humai being, at or toward another; or, C. Manufacture or sell for any unlawful purpose any weapon known as a slung -shot or sand club; or, D. Manufacture, transfer or possess metal knuckles or a switch blade knife opeing automatically; or, J E. Possess an, other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or, F. Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or, G. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosi,:-a; or, H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, .or explosive with^ut the written consent of his parent or guardian or the Chief of the Police Department. I. Possess, carry, transport, or control any knife or bladed instrument capable of cutting, stabbing or injuring while on school property, in a school bus, or on public streets or sidewalks adjacent thereto except where such knives and bladed instruments are used in or as part of any instructional activity carried on in the school, used in the preparation or consumF:;on of food in a lunchroom, or other place where food is customaLily prepared or served, or when used as a tool by a person authorized to perform construction, repair or maintenance services on school property. Subd. 2. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol, or other J firearm, firecracker, sky rocket of other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a B-B gun. 1 Subd. 3. Excection. N^;:hi,.g in Subdivision 1 or 2 of t '.s Section s�^all apply: A. To Pert -rho ,)::tain the appropriate pc-rmit as s,et forth in the followiaq paragraphs. H. To a peace officer in the discharge of his duty, or C. To a person in the lawful defense oL oerson or family. D. To a display of fireworks by an organization or group of organizations authorized in writing by the Chief of Police, application for pe-r:r,it being made at least fifteen (15) days prior to the event, or E. To shoot a bow and arrow in the Physical Education Program in a school :;upervised by a member of its faculty, as community -wide supervised class or event specifically authorized by the Chief of. Police, or a bow and arrow range authorized by the Council. Subd. 4. Activities Allowed Wi-" Permits. A. Permits, Occasiorai__Uk to 15 Days. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or per.gons as follows: 1. Occasional target shooting or trap and skeet shooting; 2. Field trials, commercial or professional exhibitions or displays, or other similar lawful purpose as determ= by the City Police. 3. For training of dogs fir clubs or individu:- . ch permit is valid only on land de;--ribed in the pe by persons with the :gent of the owner or lessee thereof. E. Permits, Occasicnal_UE to_120 Days. For control of pests in -. ,.-cial or agricultural situations, psrmi:s may be granted. L- i,a-imum of 120 days as established by the Administrator is or clubs meeting all the the tcllowine criteria: 1. For control of pests, vermin, rodents, or t :_ animal nuisan,.es, such as deer hunt '.n, by bow and arrow during appropriate-iason, or other aniir,.pis that are a demonstrated nuiscAnce. 2. WL._re appropriate methods available. ` 3. Demo a longer durAtion of time such as 2 length of gam- season or protection of crops during the growing season The use of bow and arrow under this section will be allowed on an occasional basis to remove problematic animals including game animals is subject to the following circumstances: A. There is a demonstrated nuisance of that animal to that property owner. B. Property owner 'ias'specifically given written permission to a hunter and that hunter has the appropriate State hunting permit. C. That no discharging be done within 100 feet of any property line, within 100 feet of any buildings and 200 feet of any livestock. D. Discharge for purposes of this section -gall only be done from an elevated stand that is a minimum of four (4) feet off the ground. E. Can only be done during the appropriate season. F. The hunter receives no compensation for the removal service apart for the retention of animals killed. C. Permit - Baker Park. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot gunds in hu..ting of game animals in Baker Park. In addition to other applicable conditions outlined in this Subdivision other applicable conditions outlined in the Subdivision 7(A) through 7(C) the Park District must notify all abutting property owners by letter 10 days in advance of the proposed 'hunt and that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. D. Permits, Occasional. Occasional permits valid for a period under 4A or 4B as deemed appropriate by the City may be granted to clubs or persons for: 1. 3 Gun. The use of a B B gun or air rifle subject tc glowing circumstances: A. There is a demonstrated nuisance of the animal to the property owner. G. The permittee tpq the property owners permission. C. There are no other appropriate. means available. D. Seasonal restrictions of game animals apply. 3 E. The gun may only be discharged in a manner that does not direct it towards other buildings or persons. F. The permittee must notify all abutting owners. Sub. 2. Starting Guns - Permits may be granted for use of devices such a starting guns when no projectiles are used but only blank ammunition. E. Annual Permits. 'To clubs only for: 1. Trap and skeet shooting for clubs. 2. For training of dogs for clubs or individuals. which permit is valid only on land described in the permit by persons with the consent of the owner or lessee thereof. 3. To clubs and individuals for tL,e operation of a game and fur farm pursuant to Minnesota Statutes Section 99.27, or Minnesota Statutes Sections 100.32 to 100.37; 4. Occasional target shooting. 5. Field trials, commercial or professional exhi'itions or displays, or any similar or lawful purpose as determined by the Police Chief. 6. Any person, group, organization that wishes to use an established range/or trap, skeet facility for any field trial commercal or professional exhibition or display of any similar or lawful purpose shall apply for their own use permit. The existing permit for gun club shall not cover the special event. This would not precl de that the gun club cannot h— its own special events such s annual shoots, turkey shooto7t, etc., as long as it is the gun club that is responsible permit holder. Subd. 6. Permit Classification, Fees, Permit Revocation. The fee for annual permit (club only) or occasional permit shall be charged according to the City fee schedule. A violation of any of the conditions of a permit shall result in revocation of the permit and no permit shall be issued to any club or person for one year after the date of such revocation. Permits are issued to the person to be actually using the firearm or weapon. Subd. 7. Permit Procedure. When a person or club applies for a permit, the City Administrator may require certain information to be on the application and permit form: 1. Location of event. 2. Site visit to be required. 3. Intended use of permit. 4. Certificate of Insurance 5. Hours of shooting 3 6. Number of participants 7. Notice to police prior to shooting. This notice to be within one hour of commencement of event. 8. Annual permit to require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this section, but such objections shall not require the permit to be withheld. Any person may appeal the denial of a permit to the Council. 1. 9. All permit holders must inform all abutting property owners prior to initial use of the permit. 10. All permits are subject to the approval of the City Administrator upon recommendation of the Chief of Police. Appeals of denials of permits are subject to Council review. Subd. 8. Confiscation. The firearms, bow and arrow, explosives or then dangerous weapons of the alleged violator of this Section may be confiscated at the time of arrest, and returned only if the violator is adjudged not guilty of the offense charged and no liability of damages shall result therefrom. Confiscated firearms may be oisposed of as provided by law. Subd. 9. Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, distribution, use or explosion, except as allowed in Subdivision 3 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 10. Exposure of Dangerous Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unlocked reL-rigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same out-of-doors, or in an unlocked accessory building, accessible to children, without locking the doors, or removing the lids, hinges or latches. 5 .�-RgesN�t�►1r SEC. 9.10. DANGEROUS WEAPONS AND ARTICLES. Subd. 1. Acts Prohibited. It is unlawful for any person to: A. Recklessly handle or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another; or, B. Intentionally point a firearm of any kind, whether loaded or unloaded, bow and arrow, explosive or other dangerous weapon, capable of injuring or killing a human being, at or toward another; or, C. Manufacture or sell for any unlawful purpose any weapon known as a_slung-shot or sand club; or, D. - Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or, E. Possess any other dangerous article or substance for the purpose 'of being used unlawfully as a weapon against another; or, F. Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or, G. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent's or guardian's presence, a f irearm or air gun of any kind, or any ammunition or explosive; or, H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or the Chief of the Police Department. Subd. 2. Exception. Nothing in Subdivision 1 of this Section shall prohibit the possession of the articles therein mentioned if the purpose of such possession is for public exhibition by museums -or collectors of art. Subd. 3. Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a B-B gun. Subd. 4. Exception. Nothing in Subdivision 3 of this Section shall apply to a display of fireworks by an organization or group of -)rganizations authorized in writing by the Chief of Police, application for permit being made at least fifteen (15) days prior to the event, or to a peace officer in the discharge of his duty, or to a person in the lawful defense of his verson or family. This Section shall not apply to the discharge of firearms in a range authorized in writing by the Council. ORONO CC 203 (4-1-84) -11 S 9.10 -� Subd. 5. Permits, Procedure. The City Clerk may require ' that notice be given to surrounding landowners and an opportunity for them to object prior to the issuance of a permit under this Section, but such objections shall not require the permit to be withheld. Any person may appeal the denial of a permit to the Council. A.L.2 = S, = �''"-1-L-=-- Subd. 6. Permits, Annual. Annual permits may be granted as follows: A. For target shooting or trap and skeet shooting to clubs; B. For target shooting or trap and skeet shooting to individuals if used at least on a monthy basis; C. For the training of dogs for clubs or individuals, which permit is valid only on land described in the permit by persons with consent of the owner or lessee thereof; D. To clubs and individuals for the operation of a game and fur farm pursuant to Minnesota Statutes Section 99.27, or for the operation of a private shooting preserve pursuant to Minnesota Statutes Sections 100.32 to 100.37; 1 E. For control of pests, vermin, rodents, or other animal nuisances, except that no hunting of game animals or game birds shall be allowed. Subd. 7. Permits, Occasional. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: A. Occasional target shooting or trap and skeet shooting; B. .Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the City Clerk. Subd. 8. Permit Fees, Permit Revocation. The fee for annual or occasional permits shall be charged according to the City fee schedule. A violation of any conditions of a permit shall result in revocation of the permit and no permit shall be issued to any club or person for one year after the date of the violation. Subd. 9. Confiscation. The firearms, bow and arrow, explosives or other dangerous weapons of .he alleged violator of this Section may be confiscated at the time of Prrest, and returned only if the violator is adjudged not guilty of the offense charged and no liability of damages -shall result therefrom. Confiscated firearms may be disposed of as provided by law. ORONO CC 204 (4-1-84) S 9.10 Subd. 10. Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, distribution, use or explosion, except as allowed in Subdivision 4 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 11. Exposure of Dangerous Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unlocked refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automaticalry when closed, to expose the same out-of-doors, or in an unlocked accessory building, accessible to children, without locking the doors, or removing the lids, hinges or latches. Subd. 12. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. SEC. 9.11. ANI14AL TRAPPING. Subd. 1. Purpose. It is the purpose of this Section to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the crippling, unselective catching, and destruction of wildlife and domestic animals that may come into contact with traps. Subd. 2. Definitions. As used in this Section, the following terms shall have the following meanings: A. "Leghold Trap" - Any device consisting of two metal jaws which lay horizontally to form a circle, square or similar shape when the trap is set, or a trap which is similar to the above in design and which is intended to catch and secure an animal by the leg, toes or paw. Such a device may be known as a "steel", "jaw(ed) leg", "long -spring", "coil -spring", "flat -under spring", "foot", "front -hold", "game" or similar named trap. B. "Trapping" - The setting or laying, or other use of a trap with the intent of capturing or killing an animal. Subd. 3. Leghold Traps Prohibited. It is unlawful for any person to set, place or use any leghold animal trap. Subd. 4. Limited Permits. In extraordinary cases, the Council may grant a limited permit for the abatement of a specific animal nuisance, but only when the proposed use is determined to be in the public interest and will not cause any hazard to children, other wildlife or domestic animals. Permits shall specify time ORONO CC 205 (4-1-84) ORDINANCE NUMBER 15, SECOND SERIES AN ORDINANCE ADDING TO THE DANGEROUS WEAPONS AND ARTICLES SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: Chapter 9 of the Munio*ipa 1 Code of Orono is hereby amended by adding to Section 9.10, Subd 5, A, B, C, D, E, F, G, H, Subd 6, Subd 7 and Subd 9 to read as follows: Subd. 5. Permits. Permits may be granted as follows: A. Trap and Skeet shooting for clubs. B. Trap and Skeet shooting for individuals. C. For training of dogs for clubs or individuals, which permit is valid only on land decribed in the permit by persons with the consent of the cwner or lessee thereof. D. To clubs and individuals.for the operation of a game and fl..r farm pursuant to Minnesota Statutes Section 99.27, or Minnesota Statutes Sections 100.32 to 100.37; E. For control of pests, vermin, rodents, or other animal nuisances, except that no hunting of game animals or game birds shall be allowed. F. Occasional target shooting. G. Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the City Clerk. H. Any person, group, organization that wishes to use an established range/or trap, skeet facility for any field trial commercial or professional exhibition or display or any similar or lawful purpose shall apply for their own use permit. The existing per-mit for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events such as annual shoot3 , turkey shootoff, etc., as long as it is the gun club that is responsible permit holder. Subd. 6. Permit classification, fees, permit revocation. The fee for annual permit (club only) or occasional permit (individual, comvercial, professional exhibitions) shall be charged according to the City fee schedule. A violation of any of the c:onditi4ans of a permit shall result in revocation of the permit and no permit shall be issued to any club or person for one year after the date of such revocation. ORDINANCE NO. r 2ND SERIES AN ORDINANCE OF THE CITY OF ORONO, MINNESOTA, AMENDING ORONO CITY CODE CHAPTER 9 ENTITLED, "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY ADDING A PROVISION AS TO INSURANCE REQUIREMENTS; AND, BY ADOPTING BY REFERENCE, CITY CODE CHAPTER I AND SECTION 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Orono City Code Chapter 9 is hereby amended by adding a Section to read: SEC. 9.10 Subd. SA. Insurance Requirements. A policy or certificate of insurance, on which the City, its agents and employees are additional Insureds, providing public liability insurance in the amount of at least $100,000 for the injury of one person, $300,000 for the injury of two or more persons in the same accident, and $10,000 for property damages. Before permit shall be issued, the applicant shall file with the City Clerk the above policy or certificate showing (1) that the limits are at least as high as required, (2) that the coverage is effective for at least the license term approved, and (3) that such insurance will not be terminated without thirty days written notice served upon the City Cler'c. Cancellation or termination of such coverage shall be grounds for permit revocation. Passed by the City Council this 13 a vote of 3 ayes and 0 nays. day of� Aucust , 1984, by a�=� C--, j2�SL Mary C. Bu 1 Mayor Published: Week of September 3 , 1984 ORDINANCE NUMBER 16, SECOND SERIES AN ORDINANCE ADDING TO THE DANGEROUS WEAPONS AND ARTICLES SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: Chapter 9 of the Municipal Code of Orono is hereby amended by adding to Section 9.10, Subd 1, (I) to read as follows: Sec.9.10. DANGEROUS WEAPONS AND ARTICLES I. Possess, carry, transport, or control any knife or bladed instrument capable of cutting, stabbing or injuring while on school property, in a school bus, or on public streets or sidewalks adjacent thereto except where such knives and bladed instruments are used in or as part of any instructional activity carried on in the school, used in the preparation or consumption of food in a lunchroom, or other place where food is custom- arily prepared or served, or when used as a tool by a person authorized to perform construction, repair or maintenance services on school property. This ordinance shall be effective upon adopt iin and publication. Adopted by the City Council of Orono on this 28th day of October, 1985, by a vote of 4 ayes and 0 nays. Mary C. er, Mayor V Subd. 7. Permit procedure. When a person or club applies for a permit, the city administrator may require certain inforration to be on the application and permit form. 1. Location of event 2. Site visit to be required. 3. Intended use of permit. 4. Certificate of Insurance 5. Hours of shooting 6. Number of participants 7. Notice '. police prior to shooting. This notice to be within one hour of corrinencement of event. 8. Annual permit to require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this section, but such objections shall not require the permi-t to be withheld. Any person may appeal the denial of a permit to the Council. Subd. 9. Confiscation. The firearms, bow and arrow, explosive_ or other dangerous weapons of the alleged violator of this Section may be confiscated at the time of arrest, and returned only if the violator is adjudged not guilty of the offense charged and no liability 1 of damages shall result therefrom. Confiscated firearms may be disposed of as provi .ed by law. violation of an annual permit by club would not result in confiscation as listed in Subd. 9. This ordinance shall be affective upon adoption and publication. Adopted by the City Counci 1 of Orono on this 28th day of October, 1985, by a vote of 4 ayes and 0 nays. r%o' rothy M Hallin, City Clerk Mary C. er, Mayor 91586.8 ORDINANCE NUMBER 25, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 9.10 AND ENTITLED 'DANGEROUS WEAPONS AND ARTICLES" The City Council of the City of Orono ordains: 11 Ordinance Number 9.10 and entitled "Dangerous weapons and Articles" is amended to read. Subdivision 7. Permits Occasional. Occasional per pits valid for a period of fifteen (15) days or less may be grant-d to clubs or persons as follows: C. The discharge of bow and arrow will be allowed on an occasional basis to remove problematic animals i,�:luding game animals when an individual hunter has o� ained a permit issued by the Chief of Police subject to the following circumstances: 1. There is a demonstrated nuisance of that animal to that property owner. 2. Property owner has specifically given written permission to a hunter and that hunter has the appropriate state hunting permit. 3. That no discharging be done within 100 feet of any property line, within 100 feet of any buildings and 200 feet of any livestock. 4. Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four (4) feet off the ground. 5. Can only be done during the appropriate season. 5. The hunter receives no compensation for the removal service apart from retention of animals killed. This ordinance becomes effective on October 21, 1986. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of Octo'_)er, 1986. Mary-U. ler, • Mayor AAT ST: Doeothv M. 'Hall i n. ('i ry r7l ark Publish in the Laker and Pioneer newspapers the we--k of October 70, 1986. :r ORDINANCE NUMBER 36 , SECOND SERIES AN ORDINANCE AMENDING ORDINANCE 9.10 AND ENTITLED "DANGEROUS WEAPONS AND ARTICLES". The City Council of the City of Orono ordains: Ordinance Number 9.10 and entitled "Dangerous Weapons and Articles" is amended to read: Subdivision 7.A. Permits, Occasional. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: 1. Occasional target shooting or trap and skeet shooting; 2. Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpos-a as determined by the City Clerk. Subdivision 7.B. Permits, Ccmmercial or Agricult::rai. Commercial or agricultural permits may be granted up to a maximum of 120 days as established by the Administrator to persons or clubs meeting all the following c_- "eria: A. For control of pests, vermin, rodents, or other animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. B. Where there are no other appropriat4 methods available. C. Where there is a demonstrated need for a !.ongdr durdtion of time for predator cant such as a bow an�i :,rrow deer season or growing season in agricultural situations. Subdivision 7.C. Occau t permits valid for a period under 7A or 7B n-- deemed approp. - .e may be granted to clubs or persons as follows: A. The discharge of bow and arrow w=.11 be allowed on an occasional basis to remove problematic animals including gar; animals when an individual hunter has ciotained a permit issued by the Chief of Police subject t..; the following circumstances: 1. There is a demonstrated nuisance of '-` at animal to that property owner. 2. Property o47er has spy^ifirally given written permission to a hunter �.iL;l that hunter has the appropriate state hunting permit. 3. That no d:scharg ng Le done within log fee,-_ of any property line, within 130 feet of any bur .1 .rigs and 208 feet of any livestock. 4. Discharge for purposes of this section shall only be dona from an elevated stand that is a minimum of four (4) feet off the ground. 5. Can only be done during the appropriate season. 6. The hunter receives no compensation for the removal service apart for the retention of animals killed. This ordinance shall be effective upon adoption and publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held the 26th day of May, 1987. BZ � ��J James R. Grab , Mayor ATT ST: othy MT Ilin, City Clerk J 3 33188.3 ORDINANCE NUMBER 43--, SECOND SERIES I AN ORDINANCE AMENDING ORDINANCE NO. 9.10, SUBDIVISION 3 ADOPTED APRIL 1, 1984, AND ENTITLED 'AN ORDINANCE RELATING TO DANGEROUS WEAPONS AND ARTICLES' The City Council of Orono ordains: ordinance No. 9.10, Subdivision 3 adopted April 1, 1984, and entitled 'An Ordinance Relating to Dangerous weapons and Articles' is amended to read: Subd. 3. Discharge of Firearms and Expiosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol, or other firearm, firecracker, sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as a B-B gun. This ordinance becomes effective from and after its passage and publication on _-___-.Aprj}---------- —• Passed by the Council this llth day of April, 1988. --- -----Gc�abe c, Mayor ----- Jam s ayor ATTEST: R. o thy M. lin, City C%ck Publish the week of _ aril 18, 1988-__----- in the Laker and Pioneer newspaper. 1 ORDINANCE NUMBER 42, SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 25, SECOND SERIES, ADOPTED OCTOBER 13,1986, AND ENTITLED 'AN ORDINANCE AMENDING ORDINANCE NUMBER 9.19 AND ENTITLED DANGEROUS WEAPONS AND ARTICLES' The City Council of the City of Orono ordains: Ordinance Number 25, Second Series adopted October 13, 1986, and entitled 'An Ordinance amending Ordinance Number 9.10 and entitled Dangerous Weapons and Articles" is amended to read: D. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot guns in hunting of game aminals in Baker Park. In addition to other applicable conditions outlined in this Subdivision 7(A) through 7(C) the Park District must notify all abutting property owners by letter 10 days in advance of the proposed hunt and that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. This ordinance becomes effective upon publication. Passed by the Council this 12th day of October, 119987.E Sam s R. Gca AT4,tT _______llin, City Clerk Pubished in the Laker and Pioneer newspaper the week of October 19, 1987. 102688.5 ORDINANCE ['UMBER , SECOND SERIES SUMQRT APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Summary of Ordinance Number , Second Series" and a copy of which is attached hereto, c early informs the public of the intent and effect of the ordinance. The Council father determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. F .D 102688.5 1 OFFICIAL SUMMARY OF ORDINANCE NUMBER _, SECOND SERIES 0 AN ORDINANCE AMENDING SECTION 9.10 DANGEROUS WEAPONS AND ARTICLES The following is the official summary of Ordinance Number , Second Series approved by the City Council of the City of Orono on November 14, 1988. The following sections are repealed. Section 9.10 all subdivisions Ordinance Number 7, Second Serifs Ordinance Number 15, Second Series Ordinance Number 16, Second Series Ordinance Number 25, Second Series Ordinance Number 36, Second Series Ordinance Number 42, Second Series Ordinance Number 48, Second Series The following is new language in Section 9: Acts Prohibited Discharge of Firearms and Explosives Exception Activities Allowed with Permits B-e Gun Starting Guns Permit Classification, Fees, Permit Revocation Permit Pro^educe Confiscation Possession and Sale of Fireworks Exposure of Dangerous Container A printed copy of the ordiannce is available for inspection by any person at the office of the City Clerk. This Ordinance becomes effective upon publication, the week of Adopted by the City Council of the City of Orono on this 14th day of November, 1988, by a vote of _ ayes and _ nays. ATTEST: Dorothy M. Hallin, City Clerk James R. Grabek, Mayor 2 SRC. 9.19. DANGEROUS NEAPONS AND ARTICLES. • Subd. 1. Acts Prohibited. It is unlawful for any person to: A. Recklessly handle, throw, or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another; or, B. Intentionally point a firearm of any kind, whether loaded or unloaded, bow and arrow, explosive or other dangerous weapon, capable of injuring or killing a human being, at or toward another; or, C. Manufacture or sell for any unlawful purpose any weapon known as a slung -shot or sand club; or, D. Manufacture, transfer or possess metal knuckles or a switch blade knife opening automatically; or, E. Possess any other dangerous article or substance for the purpose of being used unlawfully as a weapon against another; or, F. Sell or have in his possession any device designed to silence or muffle the discharge of a firearm; or, G. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or, H. Furnish a minor under eighteen years of age with a firearm, air gun, ammunition, or explosive without the written consent of his parent or guardian or the Chief of the Police Department. I. Possess, carry, transport, or control any knife or bladed instrument capable of cutting, stabbing or injuring while on school property, in a school bus, or on public streets or sidewalks adjacent thereto except where such knives and bladed instruments are used in or as part of any instructional activity carried on in the school, used in the preparation or consumption of food in a lunchroom, or other place where food is customarily prepared or served, or when used as a tool by a person authorized to perform construction, repair or maintenance services on school property. Subd. 2. Discharge of Firearms and Exolosives. It is unlawful for any person to fire or discharge, any form or type of explosive or explosive device, any cannon, gun, pistol, or other firearm, firecracker, sky rocket or other fireworks, bow and arrow, air gun, air rifle, or other similar device commonly referred to as : B-B gun. Subd. 3. Exception. Nothing in Subdivision 1 or 2 of this Section shall apply: A. To persons who obtain the appropriate permit as set forth in the following paragraphs. B. To a peace officer in the discharge of his duty, or C. To a person in the lawful defense of his person or family. D. To a display of fireworks by an organization or group of organizations authorized in writing by the Chief of Police, application for permit being made at least fifteen (15) days prior to the event, or E. To shoot a bow and arrow in the Physical Education Program in a school supervised by a member of its faculty, as community -wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range authorized by the Council. Subd. A. Activities Allowed With Permits. A. Permits, Occasional Up to 15 Days. Occasional permits valid for a period of fifteen (15) days or less may be granted to clubs or persons as follows: 1. Occasional target shooting or trap and skeet shooting; 2. Field trials, commercial or professional exhibitions or displays, or other similar lawful purpose as determined by the City Police.. 3. For training of dogs for clubs or individuals, which permit is valid only on land described in the permit by persons with the consent of the owner or lessee thereof. B. Permits Occasional U to 120 Days. For �"'_----__ �--___Y_ control of pests in commercial or agiicul tural situations, permits maybe granted up to a maximum of 120 days as established by the Administrator to persons or clubs meeting all the the following criteria: 1. For control of pests, vermin, rodents, or ther animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. J 2. Where there are no other appropriate methods available. 3. Demonstrated need for a longer duration of time such as 2 length of game season or protection of crops during the growing season. The use of bow and arrow under this section will be allowed on an occasional basis to remove problematic animals including game animals is subject to the following circumstances: A. There is a demonstrated nuisance of that animal to that property owner. B. Property owner has specifically given written permission to a hunter and that hunter has the appropriate State hunting permit. C. That no discharging be done within 100 feet of any property line, within 100 feet of any buildings and 200 feet of any livestock. D. Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four (4) feet off the ground. E. Can only be done during the appropriate season. F. The hunter receives no compensation for the removal service apart for the retention of animals killed. C. Permit - Baker Park. An occasional permit valid for a period not to exceed a total of 3 days in any one year shall be issued to Hennepin Parks for the discharge of shot gunds in hunting of game animals in Baker Park. In addition to other applicable conditions outlined in this Subdivision other applicable conditions outlined in the Subdivision 7(A) through 7(C) the Park District must notify all abutting property owners by letter 10 days in advance of the proposed hunt anC. that appropriate signage be posted around the Park Reserve District boundaries to limit unauthorized access during the hunt. D. Permits, Occasional. Occasional permits valid for a period under 4A or 4B as deemed appropriate by the City may be granted to clubs or persons for: Sub. 1. B-B Gun. The use of a B B gun or air rifle subject to the follow n circumstances: A. There is a demonstrated nuisance -of the animal to the property owner. B. The permittee has the property owners permission. C. There are no other appropriate means available. D. Seasonal restrictions of game animals apply. 3 E. The gun may only be discharged in a manner that does not direct it towards other buildings or persons. F. The permittee must notify all abutting owners. Sub. 2. Starting Guns - Permits may be granted for use of devices such a starting guns when no projectiles are used but only blank ammunition. E. Annual Permits. To clubs only for: 1. Trap and skeet shooting for clubs. 2. For training of dogs for clubs or individuals. which permit is valid only on land described in the permit by persons with the consent of the owner or lessee thereof. 3. To clubs and individuals for the operation of a game and fur farm pursuant to Minnesota Statutes Section 99.27, or Minnesota Statutes Sections 100.32 to 100.37; 4. Occasional target shooting. 5. Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the Police Chief. 6. Any person, group, organization that wishes to use an established range/or trap, skeet facility for any field trial commercal or professional exhibition or display or any similar or lawful purpose shall apply for their own use permit. The existing permit for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events such as annual shoots, turkey shootoff, etc., as long as it is the gun club that is responsible permit holder. Subd. 6. Permit Classification, Fees, Permit Revocation. The fee for annual permit (club only) or occas onaI per�ll be charged according to the City fee schedule. A violation of any of the conditions of a permit shall result in revocation of the permit and no permit shall be issued to any club or person for one year after the date of such revocation. Permits are issued to the person to be actually using the firearm or weapon. Subd. 7. Permit Procedure. When a person or club applies for a permit, the City Administrator may require certain information to be on the application and permit form: y 1. Location of event. eI 2. Site visit to be required. 3. Intended use of permit. 4. Certificate of Insurance 5. Hours of shooting 4 Number of participants - Notice to police prior to shooting. This notice to be within one hour of commencement of event. Annual permit to require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this section, but such objections shall not require the permit to be withheld. Any person may appeal the denial of a permit to the Council. 9. All permit holders must inform all abutting property owners prior to initial use of the permit. 10. All permits are subject to the approval of the City Administrator upon recommendation of the Chief of Police. Appeals of denials of permits are subject to Council review. Subd. 8. Confiscation. The firearms, bow and arrow, explosives or ther dangerous weapons of the alleged violator of this Section may be confiscated at the time of arrest, and returned only if the violator is adjudged not guilty of the offense charged and no liability of damages shall result therefrom. Confiscated firearms may be disposed of as provided by law. Subd. 9. Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, distribution, use or explosion, except as allowed in Subdivision 3 of this Section, any firecrackers, sky rockets or other fireworks. Subd. 10. Exposure of Dangerous Container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unlocked refrigerator, ice box, or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the same out-of-doors, or in an unlocked accessory building, accessible to children, without locking the doors, or removing the lids, hinges or latches. 0 07� City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. RESOLUTION OF COMMENDATION FOR MICHAEL KIRNTCZUK WHEREAS, the City of Orono Is a municipal corporation; and WHEREAS, the City of Orono has established a Police Department by ordinance; and WHEREAS, Michael Kirnyczuk ,Joined the Orono Police Department on February 15, 1980. having previously served with the Hibbing Police Department from November of 1974 until November of 1977. and the Crosby Police Department from March of 1978 until February of 1980; and WHEREAS, Officer Michael Kirnyczuk served with distinction, receiving commendations for his work from citizens as well as the department; and WHEREAS, Officer Michael Kirnyczuk answered an alarm call on February 13, 1987 on North Farm Road in Orono. Officer Kirnyczuk went to the rear of the house, fell on ice on an incline, breaking his left ankle in three places. The alarm call was found to be false; and .WHEREAS, Officer Michael Kirnyczuk has to resign effective October 3. 1988 as a result of this injury. NOV. THEREFORE BE IT RESOLVED, that the City Council of the City of Orono recognize the excellent work of Officer Michael Kirnyczuk and wish him well in his new endeavors. Adopted by the City Council of the City of Orono. Minnesota at a regular meeting held November 14, 1988. Barbara A. Peterson, Acting Mayor ATTEST: Dorothy M. Hallin, City er INTEROFFICE MEMO DATE: October 25, 1988 TO: City Administrator Mark Bernhardson FROM: Poli re Chief Melvin Kilbo vki/ RE: Step Raise - Officer Charles Schauss Officer Schauss was employed by the Orono Police Department on 10/26/87. Since that time, he has made an enormous impression with the City of Spring Park by his personal contact with the city clerk and employees of the City of Spring Park. He has handled "routine matters" in a very caring atmosphere and attitude. He takes pride in his public relation contacts. He has received several commendations from citizens who commented on his consideration of their problems. Therefore, I request Officer Charles Schauss be raised to the one year rate of $12.129 (1987 contract rate) from the previous 6 month rate of $10.613 hourly (1987 contract rate). This is to be effective 10/26/88. City of Spring Park has indicated they do not wish to lose this officer. TO: Mayor and City Ccuncil FROM: Mark E. Bernhardson, City Administrato Based on the rates set forth in tie labor agreement, forwarded recommending approval. cc: Tom Kuehn, Finance Director Personnel File 102888.2 RESOLUTION ENTERING INTO AN AGREEMENT WITH STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR M1Pi NTENANCE OF FLASHING WARNING LIGHTS AT WILLOW DRIVE AND HIGHWAY 12 BE IT RESOLVED, that the City of Orono enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide certain maintenance and electrical energy for the hazard identification beacons with street lights on Trunk Highway No. 12 (Wayzata Bouledard) at Willow Drive i aAhbrdance with the terms and conditions set f.,rth and contained in Agreement No. E5149M, a copy of 4/hich was before the Council. 88 IT FORTNER RESOLVED, that tqe proper City officers be and Thereby are authorized to execute such Egreement, and thereby assume for and on behalf of the City all of the contractual :bligations contained therein. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 14, 1988, Dorothy M. Hallin, City Clerk ATTEST: Dorothy M. Hallin, City Clerk 102888.1 x16 TO: Mark E. Bernhardson, City Administrator FROM: John R. Gerhardson, Public Works Director DATE: October 29, 1988 SUBJECT: Resolution t_ Flashing Warning Lights - Willow and Highway 12 Attachment: A. Proposed Resolution On September 12, 1988, Council approved and signed a maintenance agreement with Minnesota Department of Transportation (MnDOT) for the maintenance of the flashing warning lights at Willow Drive and Highway 12. In addition to the approval and signature of the agreement MnOOT requires the approval and signatures of a resolution. RECOMMENDATION - To approve and sign the attached resolution i for the maintenance agreement for the flashing warning lights at Willow Drive and Highway 12. PROPOSED MOTION - Moved by _, seconded by _, to approve Resolution t for the maintenance agreement forthe flashing warning lights at Willow Drive and Highway 12. Ayes _, Nays TO: Mayor and City Council FROM: Mark Bernhardson, City Administratormb Forwarded Recommending approval. 11188.4 ;?7 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrate, DATB: November 1, 1988 SUBJRCT: Administrator's Information CRYSTAL BAY ROAD - Planning Commission tabled consideration of the City ppl3cation on this matter until the November 21, 1988 Planning Commission meeting. Staff did meet, out on the site, with the residents on Friday, October 21, 1988 t, discuss their desires as a result of the project. The direction that they would like undertaken involves moving the wall out three feet from the existing edge of the road, which will in order to have an appropriate slope lead to several feet of exposed wooden wall - four to five feet along the bank. This not only adds to the length of the the wall to be improved, but also for the need for additional structural strength. Staff is presently reviewing this package as it will cost substantially more together with leaving exposed wooden walls, which the prior package would not. _1 WOODHILL ROAD - NSP has finally moved their wires and the City Was gotten Northwestern Bell to remove their poles. It is anticipated the final course can be placed on the road by November 10th. COUNTY ROAD 15 - With good weather, construction has continued to proce— ewe sidewalks along County Road 15 in Orono. With approximately 60% of the sidewalks now installed. The street lights have all been installed and will be put in service within the next two weeks. An initial test of each of those lights results in having them on for a complete 72 hour period so that if you notice lights on during the daytime it is part of the test. Painting of the lights will probably wait until the spring. ORONO/MINNETONRA BEACH INTERCEPTOR - The good weather has continued to allow this project to go on, but it is not anticipated that the road will be opened the week of November 7th. 1950 SHORELINE DRIVE - The City again is pursuing the hazardous building proceeding against the property owner for the two cabins on the back. It is anticipated that the applicant will come back and request that they be allowed to hookup to the two units at $5,500 per unit. This would be brought forward to the Council, however, it would be staff's recommendation that if the two J cabins were allowed to be hooked up that they be required to pay the full charge on eazh one which in the ordinance is presently $9,375. BIG ISLAND VETERANS CAMP - Just to apprise you of the fact that per a recent conversation with Al Wisdorf and a member of staff, N he confirmed that the Camp use closed after Labor Day. Wisdorf has asked to schedule a meeting with Building and Zoning staff members to discuss on "early" preparation for the "Tenting" conditional use permit. Staff has scheduled a meeting for Wednesday, November 9, 1988 at 10:00 A.M, at the City offices. Staff will also question Wisdorf as to the need to conduct additional "clean-up" activities during the winter months. CROSS WALK PETITION/COUNTY-MTC RESPONSE - The City still is await ng a response from the MTC as to where they are going to put the bus shelter. Once that has been decided the City will work with the County to actually locate the cross -walk, taking into account the petition that was previously submitted by the neighbors. SCULPTURE UNVEILING - LIVINGSTON TOWER PARK - While installed, the Park Commission at their November 1, 1980 meeting decided to have the formal unveiling in the spring. GOAL SETTING STATUS - See attached. i m8f. eeSflG ~f e/22/98 5/81/18 CRg Dlm 5/31/88 6/30AD ]/29/W 8/38/88 AM 9/15/88 H ise for '89 Goal Sattdng 9/30/90 18/31/88 !P6 L ea8811EB811 C3SR MmQ81PAfO8 l lBl9 19BB - ]• AP86 1989 187 no - 1987 Council Strategic Pluming swrt farm mjmtiw 188 81C - MS Slott ram Objactiw 189 M - 1989 Slott Tern Dbjactiw JYA m6L A®1Y98 1. Ccem f 06yCOR�R Highwy 12 '97 S1r1 A. Cotprafarriw Plan A dnent 12 (5/8T) Beosiw bark frog Met Cast:il Piml plan appiwal Zoniig AneMomte - Draft - Pluming Coarisaim r mideration Cou:oil cordidaratim Negotiation m utilities (Lag Lake-Madioa) 5/15/88 EAtemim to 5/15 granted to Marro Cwncil follwi:g e/8/88 caaeting m: urWn land d..". 5/12/88 apptwad by Matto Caacil Matto Council 6/15/89 Piral Cwtoil aPp[wal 5/23/88 6/15/88 g/1/88 0/10/88 CorUacted M tb Sbatdl. 5/23/99 Draft froa S rdlw to Ccu:cil to PC - 6/27/08 7/6/88 wrk session on draft 8/1/88 to be 2,d wrk aessim oad-lad 8/17/08 Public Hearing - P.C. rI tiro to Council. Anticipate Council 18/18 18/18/88[eviewd by Counoil - anticipate 11/28 for amthet rwiea Beoailad itt ftm Mafim n: Wore aeaer/mgotiations 6/24/88 Neapatlad viM letter 7/21/88 to Medico AO mar. ANIOL is cr29. 1. m9881ITY oBvcDMffi2t cunt. 'BB 81m s. Corridor 3alwtion Study Ad Hoc Task Bocce -89 Sf0 Corplete Phu 1 klea[[e 'M 8f0 '89 910 IVIAS Ad Hoc Teak Botca - let muting 5/19/88 5/19/98 meeting iwld 7/18/88 muting held 8/19/98 mating bald - nape to o0V a PIDot 9/19/88 meeting bald - o Diet. 5 praent Be: aarimnn upgtade in current corridor, 19/17 Higltwy 12 meeting of Hayore - prep for meeting with l m sportatim C iwioner Heating witn MnDOf C isslwor 11/16/88 engage mroultants 3/25/89 rap quataticn - Blaming To tea determined from J. SModlow r"ardi g mat to _ ragni do muter plan development for area. Initiate Doal/bbJwtiw 19/1/88 7/11/88 proposal adopted setting process 18/88 Baee/Beckg[cwdl wrk being dwm Complete Master pin study 7/89 Detemim Strategy w Iopleant 8/99 Coneider HBA fomatim 6/15/89 2/88 Bequest Att*w outline Solicits ideas/proponls prune required to utablitln Camaenm if Decide to do 9/l/88 3/i/BB rsmivei outlines for esteDllNomnt of i@A. Staff reviewing for Comam 197 M Canty 15 Devetopamnt as SIO Determine danced 5/30/88 laene of lighting te 2/22/92 Imal eccmpenyln3 Coumil muting i.rov®nts 2/22AB Coumil crnuide<s lighting 5/23/80 Coaneil mpprw lighting Binencim plan 5/39/B8 Conxepturl approval 12/14/07 Binerclal iSi. proposed 2/22/99 3/28/88 tabled te 5/23/18 5/23/88 approved financing .99 m Special aeseawent lmering 1/89 Complete cvutuction 12/1/88 3 Caesars 4/15/88 All "to 6 wttgmim 6 lights rvopleted. Spring 189 balers Of sidewalks ad rumratim J 1. (nMMPff DS'RORffiff cant. 'n = Co ty Ware,artatlon Plan '88 adp •89 = 187 M Strum toter Maasgwnt Plan BB S1V '89 390 Coaa Dew - Direction and progreee 88 SSm •09 BTD 2. EbUl lEMDi6 PR Tlw -87 5f0 Stubbs Bey .as 5 0 'B9 Sd0 Mflne Capital inp oaent 7/1/08 8/11/89 nesting reviewed revised draft Prograe Prior to 89 budget Determine bridge replacemmit 8/1/88 Proposal ircludad 1n reviaed draft program Capital budget. Request for furding needs to be developed/mdmitted. Continued aaslyafa Public/Pri.te 8/89 6aaluate cry 116 7/1/88 3/17/18 received tegueat Erma MediLm a/25/98 C .il elects rot to euOPmt Reeolution Review adviwry/Pollcy bodies role/Repemaibllitiae Revise 6 revise as naesaary staff/adviarty/policy, holy procem for developee t review a execution wnkiN towards service 6 results oriented Nu Surprises- Presses frBerce effemive m trol m msrieas cruplete needs asseasennt Project feasibillty-cvmerca Review Wise! Feasibility 7/88 4/11/08 prevented to Council. To be reviewed by Plamil Comaiasim 11/BB Mticipate 7/11/88 divcveion win Cau.il/pc rape. Tabled to 8/8/88 msstiN Pavelwriulei for 11/88 12/BB /BB Mticipate needs assessment mpletim 2/98 2/22/88 lnforeetion presented 5/88 Subaitrad request for feasibility 10/88 update coat Feasibility study approved 6/13/80 Mticipebs to 11R9 meeting Determine aaaeasent area e/BB intareat Firamitg options 10/BB Dete®ire 12/BB Coreider davelopwm earatoriim 2/89 9/8/98 me Vt - Coumil ranivad 3 [. ftlpIRONffifAL aRp[6RIM cant. solid 1 l0lNgdlt 199 STO if late - In t eta project - Project bid 3/89 - Camamoe project e/99 - [aseu ptojmt 10/99 -Coplete project 10/89 eeeeee re iin9 efforts to goal 6/88 .tssees o aamuas to meet gmis 6/88 including lain cmpastim Ntbside Rsy HM 10/88 Revive regulation mamim 1/89 eolld i to B Ja orgmimd collection 9/89 if traded city in conjuntion vitb coat Henrepin mat -87 goal Nrrmcly etploting mats of selected mtbside pick Op - 8/17/88 staff bas tout With potantial contteetnts Pt.bW to Council 19/10 10/24/88 Council directs initiation 10 fa1L 1i101 fscrly® 3. acwlEEYtfau. DIPeanmll' 1989 Coucil fuel Setting CaamoRe Complete 1989 Bud)et Process 1989 fe9lslativa Ptogtam ,ream Building 9. SESVICE D VERY '87 SPD Fanilitles StudY 88 SID Mses®ent Board of Revise Capital bullet Adoption Budget Adoption Cosplete Staff Co it - Cauidn:r Ponmats Undertake if desired poses li Completion D8188 9ndo9 7/88 8/11/88 meeting held - .89 ravisio. 9/99 epprwd 9/12/98 1/88 4/27/98 initial seating Mld. Mticipata tomlusion on 5/9/88 5/19/98 Board oon:ldad 8/88 9/26/88 7/11/98 1%9 Budget s0ae9e/ Guidelines to Conn:il Budget meatim sat for 9/20/68 Budget doptioMclll rate ta 10/19/80 19/10/98 Mill rate adopted 19/24/83 Budget adopted 12/88 18/88 Hecalvd " Policies Mticipate to 11/28 seating 11/88 2/89 3/89 3b Planning C®iwim for raviea 5/19/09 6/88 Site criteria ta Council 9/26/88 W feria/3d site adopted 10/10/88 leplasent arty re[CDlmdationa 7/88 '87 M Iag Bugs Financial policy Draft policy to Council 7/98 2/22/88 Initial draft rapital bdget .99 m discuased 19/19/88 Initial investment guidelines, presented. To 11/14 for final raviau. Council adoption 8/89 Golf Coutea Davalopeent of buainaca 7/87 strategy Mlmal Control Evaluate pcagree 9/88 Erteded service ta fag take/Spring ParkMimatm8a Bescb-198B 5. HIlPN Bf5CU1C6 Canpmtxtlon 6. �IW C®mlty Information/ Beealetter Witt. fttf. 8/88 eoo l plan to 2/88 Irc tive as adds . Bon Plan a adlusl is to <npe satlon plan presented 2/22/88 3/25/88 plan adopted 1/12/88 TP with tepott wtmitta to state Wyot.a AttiClee 0,o,, t aluation of systa 8/89 t9ayota'a f tiule format to continue to 0/98 f, next evaluation 8/22/88 Suhnit� reviee to COS it 8/22/88 Countll ditec crontin.. of syst. I:) CITY of ORONO Cl wl Bv. M� ssm BUDDING • ZONING - 473-7357 ASSESSING SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION CCT261,%�B . All questions must be answered. License fee, bona, certiricace of insurance, and evidence of MPCA Certification or Home Sewage Treatment Workshop attendance must accompany this application. All applications are subject to a ten (10) day approval period. 1. Business or trade name Machtemes Construction 2. Business address P.O. Box 275, Waconia, Mn. 55387 3. Business phone 442-4117 Residence phone same 4. Name of applicant or company representative holding MPCA certification Charles J. Machtemes 5. Type of certification held: X Installer _ Pumper Site evaluator System designer Is tthis a Provisional Certificate? Y Certificate No. 1202 F LOA -ft-_ b-3I /950 6. If no Certificate is held, provide evidence of attendance at one of the On -Site Sewage Treatment Workshops held immediate) prior to the current construction season. 7. Have you ever held a Septic System Installer license in Orono before? No Most recent year S. Have you ever had a license revoked? YO When? Where? _ 4. Do you do Municipal Sewer hook-ups? Yes X No SUBMITTALS REQUIRED: ✓ 1. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as / obligee. The State Plumbers Bond will nct be accepted. J 3. $10-50-100,000 minimum Certificate of Insurance. 4. Copy of current MPCA Certificate or evidence of attendence at On -Site Sewage Treatment Workshop held immedi tel prior to current construction season.Vwfibp pJ�'M°Ck')'g5$ 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 Ordinancgs of the City of Orono. 7/ / i _ G�// Date 10/25/1988 Applicants Signature 4�LG'i�'`+- Staff recommendation Approval ,Z Denial Date-Z-Jr'rb kk CITY Reason for denial: USE City Council Action Date Approved _ Denied ONLY Date license mailed LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF November 14, 1988 Septic System Installer - Machtemes Construction P.O. Box 275 Waconia, MN 55387 Residential Kennel License - Josh 6 Pam Uran 2705 Watertown Road Long Lake, MN 55356 1® ]'. a� P JMWEL LICENSE APPLICATION a$ 19H� Effective March 1, 198. to February _, l Oral, Ownor a 111 G' 6 PtM Property Address,_ �Ai-rinLQPI 12CI• Loin I AK.2'Mo 55%51 -.i- (include city and ..sip ..__ ..,.. ...,_.. ..: :... ��.: •, y,.�=,d _ _. "�"` :, Mailing Address (if different), '�J-.• Phone:' (home)'A"I�—ISIo`i .. '_(work) "" '41q"3�:J'3� BENIDZWZIAL Kennel License Information, $25.00/year. - '(payment must accompany_ppplication): ..,..., v Maximum No..of dogs to be kept at one time:�L4 (over 6 months of age) Principal Breed._AenYl/'115I4J7d21 �-lA�ciQYl VY�y1PVfi - I Purpose for more than 2 dogs: i.Jy U1%, 0Y1 ftAM\—USP 4S Ajpj C}7 Of h0U5" andSicIDI.F - Dogs normally kept: inside structure _kennel u Y, Oil COMMERCIAL Kennel License Informatlon: 5150/year must accompany application) � _ -, - ���. �FsnAd. _' ;.,. .(payment -soo-Yo -" Name ofHueinesa•��; 6t,•I ;,0;: Business Activities,`- -breeding, ".C. YZlU " (examples boarding, veterinary care, seta 1, rate)'-Tr.ArlR .. .. ... .. :Eo rm, ,401 T:6: Business Hours: 11.'Ol: `Narmal .After Hoare Contact: ' (name)—' r=' -' - - `h 'i (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 does not grant any authority to violate any provision of any City Ordinance or other law or regulations the undersigend hereby grants the City permisesion 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. - -- Applicant Date' For City Uae Only ' Kannernepecte by p / �..,�_ Date // • 9 -yS- Recommends Approval S _ Denial Dogs will boarded in barn on proper y, and must be superv'.sed at all times. I�.D `R CITY OF ORONO - - PA Y Y-T-q:0- (. EMPL-NO NAME DIV CROSS CROSS E%P/ALLO ' ACKERMANN-A,L1.3 3A,51_O�QO ANDERSON BL 31 3OS01.60 1428.73 ANDERSON PM 13 10.00 0.00 ANDER_SON WF 13 85.00 0.00 BERG VJ 13 89.00 0.00 1°I BERNHARDSO ME 12 43928.68 2044.08 0' BOBZIEN.__ SA._31.19319..53 913.03 10' BOSMA JL 12 10850.85 460.74 IS BOYLAN SO 93 3873.92 106-25 42 BRINKHAUS JF 42 32242.32 1390.31 13 BUTLER MC 13 85.00 0.00 114 CARLSON MB 35 SS6.80 36.25 CARRUTHERS C 13 93.50 0.00_____ Iis CHESWICK GB 31 31179.49 1418.00 10i CORNICK JL 31 27864.38 1091.60 10' DENNESON RJ 35 3440.77 0.00 " DESCMLER NJ 17 85.00 0.00 =0 DICKEY NJ 13 85.00 0.06 EKEBERC_EJ_13. _85.,.00 +� ENGLISH 11 IH 31 28923.88 1265.19 -- ERICKSON BE 13 85.00 0.00 ERICKSON DJ 93 1354.53_ 0.00 _ - ERICKSON KR 31 29381.52 103- 1 FARR PS 33 2821.00 0.00 ,=° n FERRII_.__ 1 ai FISCHENICH DT 31 26393.77 1250.78 v jai FRITZLER JM 31 30242.11 1369.03 SAFFRON MP 33 26057.06 1213.60 "I GASCH MF 13 93.50 _ 0.00 UP CERHARDSON SIR 42 35974.72 1636.08 O3i GRE60RY JO 42 25073.77 1068.40 HALLIN DM 12 22648.01 1030.00 3211 HANSEN SC 42 22117.89 968.20 30 MANSING CJ 31 10537.33 531.B5 3e NOFFMAN RM 13 B5.00 0.00 JACOBS TJ 33 26053.05 1213.60 JOHNSON BP 31 28656.67 1366.31___ JOHNSON JM 13 85.00 0.00 AS JOHNSON MI 13 93.50 0.00 T43 KILBO 31 38666.79 1760. 00 A _ KIRNYCZUK _MH M 31 5895.63 0.00 44 KNUTSON CA 15 16019.09 771.12 KUEHN TM 15 35738.53 1646.64 LAUER DA 13 57.50 0.00 LINDSTROM DJ 93 291.14 0.00 MABUSTH JA 33 31184.77 1418.24 •" MADDEN ON 13- 85.00 0.00 3Oi MARQUARDT BJ 93 89.26 0.00 31 MEYER MA 35 283.05 0.00 33i MIKELSON RA 1S 19048.44 860.65 ?3 MILLS SIR WH 93 2247.75 0.00 — CITY OF P A Y R LORONO / -�-NO NAPIF DIV CROSS CRO88 f%P/ALL�11 CAIIAXAN EI II 2658.77 241.67 _. __ COETTEN J 11 2658.37 241.67 - CRADEK J 11 3300.00 300.00 + NETTLES AR 1.1__966_68 241.67 _ ' PETERSON BA 11 2638.37 241.67 + COUNT __ GRAND__-____1,266.68 �o PAID 0000E '---TOTAL --- ---- 0000Ti TOTAL ----------- ''•___ TOTAL FICA TA%.CROSE_ .00 ._ EMPLOYERS PICI A CROUP HEALTH ,--- CLAN -— —_O � PNYSICIAN'6 HEALTH C BLUE CROSS/BLUE SHIELD _ D MEDICAL CENTER PLAN -- - E m PRUDENTIAL :. COORD._ HEALTH CARE �• 0 m MINNESOTA HMO - M TRAN8—AMERICA OCC. 3_ BANKERS LIFE -� 3 = MUTUAL SERVICES :e K m MUTUAL OF OMAHA L m EMPLOYEE'S BENEFIT M m AETNA N m NICOLLET EI'f EL 0 = LEAGUE OF CITIES P w METROPOLITAN HEALTH PLAN O SNARE 2 m HEALTH CARE MAINT ACCT. MISSING HOSP CODE FOR SOME EMPL'S W� CITY OF ORONO P A Y C1 Y-T-D_• - - - - - f EMPL-NO NAME DIV CROSS GROSS E%P%ALLI I� GRAN__- MF 31_71S37.35_1378.89____. MOROWCZYNS J 31 30573.41 1338.2t '3i MORROW JS 31 6890.55 600.60 ° NAAS TL 12 14854.98 872.86 NICHOLLS E 13 85.00 0.00 °' OAS 00 93 961.89 0.00 OLSON SJ 13 $5.00 0.00 OMAN LE 33 21464.46 1017.60 14 PETERSON RW 93 0.00 0.00 I1+ OVAST WA 92 24_946. 10 1191.39 ITS RATHBUN BJ Be 1190.06 922.40 RAUSCHENDO D 13 85.00 0.00 ROSS JA 93 882.00 0.00 n SASS--- - JJ 42 22223. 77 959.20-- 20 SCHAUSS CR 31 21136.37 1135.59 SCHEFFLER LK 12 4736.30 544.64 SKREEN OS 42 22104.20 959.20 - STEFFENHAG RE 93 23589.09 1072.90 • STEVENS_ BG 93 3405.00 0.00 STUBBS C 13 65.00 0.00 1 - STUBBS L 13 65.00 0.00 j =' THOMTON MR T1 M31_19 1E2S.33 °°'. TOMCNECK LF 31 24920.39 1214.41 . •^ TOMC=YK MU 31 28260.04 1249.20 I>o. TURNNAN k 13 BE.00 0.00 '38 PAID 00043 3' TOTAL 00080 TOTAL sae: °' TN,T_L FI_C_A_TAX_SROSS!25a411 ,61 EMPLOYERS FI Iw, A a GROUP HEALTH -...8 a PHYSICIAN'S HEALTH PLAN--------_------ ,r C a BLUE CROSS/BLUE SHIELD 0 - MEDICAL CENTER PLAN e I.' E - --- PRUDENTIAL F COORO. HEALTH CARE G MINNESOTA HMO v N TRANS-AMERICA OCC. 30 ' I BANKERS LIFE J MUTUAL SERVICES 190$ CITY OF ORONO CHECK REGIeTG 11-11N9 PAGE e CHECK No. DATE AMOUNT _VENDOR_—._._ ___JUN DESCRIPTION -.ACCOUNT-PO, INV._-# P.O._R- GEeGEN _ •..... _ __. —.. ___ ___ ---_— ��-Celt___ 719114 11/01/86 0.50 CITTVIEU PLO$ { HTe eLOO MINT e1-/347-499-17 GiJO - _----- ;. anln — 11/e1/GE — •H.H CONCEPT MICROFILM - — OTNEII CONt0.TIM - -- — {I M7e{-17�-77 -- — - _319154 -11/e9/ee 207.e0 CYS UNIFORM$ CLOTHING 61-021-199-71 e07.e0 . 719161 11/09/08 8e.97 DAY TIMERS OFFICE SUPPLIES 01-4210-129-31 SB.97 - uuu ...-CNe ]1921E 11/09/66 17.10 EXPRESS MESSENGER POSTAGE 01-1321-039-12 17.10 . ___.....-CNe- —a1�D5L_ 11/Oties lAtlo_ ._.__GATEWAY SAFETY PR00 FLARES 705.50 •••-CNS „y 319es0 11/09/es {Oe.0o GENERAL REPAIR eV HINT LIFT STATION TS-434e-569-GE 406-00 719458 _1.0.9/ee 123.sl GENUINE PARTS CO 7/9856 1U1/6!/GE 6.GENUINE PARTS CO 06 EQUIP PARTS EQUIP PARTS lilies$ 11/99/4e es.50 GLENWOOD INGLEWOOD UTILITIES 29.50 2191e9 11/99/ee 95.00 GOVT TRAINING SERV SCHOOL 3191hi9 I1/99/9S 215.00 GOVT TRAINING SERV SCHOOL aa.ao . 319872 _ we9/GE 196.45 C 0 R SERV;CEC CLOTHING ..•-ple 01-It]l-HO-iI 01-13CI-099-17 01-1]56-129-]I 01-1]56-129-]1 01-12e1-e19-12 ...-CNS CHEM REGISTER 11-11-N PM[ 1 - It" CITY OP am .. ITEM DESCRIPTION RC 719082 I1/19/00 77.04 A-1 01INNETONMA RENT FUELS 61-ILle-t/f-1! or-CMe 7Rets 11/N/Ni as.e9 ACRO-MINNESOTA INC OFFICE SUPPLIES O1LItI h071-1i - ' 71761f 11/09/60 60.ef ACAO-MINNESOTA INC OFFICE BUPFLIES 01-/RIB-059-11 _7naf _ Ivevse . — 90.es NCRO-MINNESOTR INC OFFICE SUPPLIES 01-/210-069-15 219014 11/09/8s 46.85 ACRO-MINNESOTP INC OFFICE SUPPLIES 01-12tO-129-31 719606 11/09/08 40.85 NCRO-MINNESOTI INC OFFICE SUPPLIES 01-4210-IT4-]] _-71706f _ - a1f06{ -- 11/09/98 e0.es RCRO-MINNESOTN INC OFFICE SUPPLIES 01-4210-249-42 311006 I1/09/89 224.92 OCRO-MINMESOTA INC OFFICE FURNITURE 01-4540-129-31 11/09/69 11/09/90 69S.25 ACRO-MINMESOTA INC FILE CABINET 14-4540-626-00 _ _719906 _ 309,20 ACRO-MINNESOTA INC FILE CABINET I4-4540-632-00 I.T91.AB . orgr u.-CMB 319964 11/09/88 4.29 BLITZ ONE HN POTO FILM 01-4210-129-31 ..28 . - nnrr o.-CN9 '�M0f7 I1/N/M 61.66 SAM BLOOM IRON METAL EQUIP PARTS 01-1232-219-12 " 61.86 . u.-CM6 719074 1Sowss 163.50 ROSENE ASH ENS CONSULT SEPT 01-4305-200-11 °i 719074 •�� 719074 11/69%N 1.687.39 _BONESTR00 BONESTR00 ROSEME ASH END CONSULT SEPT 11-1309-910-TI _ 11/e9/e6 III.38 NOMESTROQ ROBIN[ ARM COMP PLAN INC HHY It II-I306-RIS-711 793.75 _.SONE8TR00 ROSENE ASH ENC YOOOHILL ST N-Q0P117=09____ .. 711071 11/67/N 220.91 90M[OTRDQ ROSENE ASH EMC CRO15 RECONST 21-1705-421-0e 711071 11/69/09 456.56 9ONESTR00 ROSENE ASH ENC CONSULT SEPT 13-430"69-92 ' ...... rw-N6 ]19081 11%09/!6 82.87 BLACKS PHOTOGRAPHY PHOTOS 01-4210-199-71 - - 4S.t7 ]19067 11/09/86 127.00 BURY 6 CARLSON INC STREET MAINT MAT 01-12]]-219-12 497.10 r •••••• u.-CMB ]19098 I1/09/88 792.03 CARGILL SALT UTIL SYS MAINT 12-4234-549-91 798.07 r ]HI00 11/01/86 17.76 CASE POWER 6 EQUIP EQUIP PARTS 01-4232-249-1E 1 T.7s r CHECK REGISTER 11-14-06 PAGE ] 1990 CITY OF ORONO -_-. CNECN.NO._DATE -_- _. _.AMOUNT _ — _ VENDOR _. _.. ITEM DESCRIPTION ACCOUNT NO. INV. 0 P.O. 0 MESSAGE 719e7e 11/09/98 71A6 G G N SERVICES SLOG RAINY 01-1]I]-109-71 .719e7e _ I1/49/66 24.97_ G 6 N SERVICES CLOTHING 7e-Iee1-519-91 719eTe 11/99/86 36./1 G G R SERVICES CLOTHING 73-I221-569-1e 711e7e I1/91/81 1e.1e 0 G R SERVICE$ CLOTHING 71-Iee1-590-93 ]46.71 . 719717 11/09/06 17.e5 EUGENE HICNOR UATER TEST 01-1]06-174-]7 /l.eS .-......_... -- - - - - ••.-cea 319770 11/09/06 06.07 ICHA RETRMNY CORP ICHA 10/17-10/30 01-4140-039-IE 06.$7 ...-ees 7If175 11/09/86 72.00 ILLIES G SON BLACK DIRT 01-1E]]-e49-Ie ]e.00 .uu• ..._c6s ]H7Q 11/O9/as /T.36 TOM JACOBS MILEAGE 01-1701-174-]] 47.76 . --...... _. _ _ - - ...-DINS '_. 31939511109/00_ -_.19.95 _ KEAVENYS DRUG FILM 01-ILIO-I11-]] u ± -.u... 719306 I1/09/06 165.00 NILIO-MELVIN [ACP COMP REIM 01-1356-1I9-71 ...-DING ]19717 11/99/68 00.11 NUENN-TNOMAS MILEAGE OCT 01-1]Fl-U1-IS - 719797 lIZ09/80 /.69 NUEHN-TNOMAO MILEAGE OCT 01-1761-17/-7] 319397 _ 11/99/89 10.70 NUEHN-THORA$ MILEAGE OCT 7]-1]61-569-9e 107.61 . •••-DIN0 ]1l101 11/09/66 60.17 THE LAMER PUBLISHING 01-I3Ee-040-17 60.17 . .uu. .u-DINS ]111]5 11/09/08 96.99 LOGIS - SUITE 300 INSTALL CONY/SNITCH 01-1]10-1ef-]1 711115 11/09/80 111.00 LOCIS - SUITE 700 MNT HHPIES/DD DRIVE 01-1710-Ie1-31 719135 11/09/68 49e.91 LOCIS - SUITE 300 LOCIS ADMIN SEPT 01-I152-061-I5 719435 11/09/09 197.17 LOCIS - SUITE 300 LOCI$ ADMIN SEPT 01-I]5e-119-]1 719435 111/09/08 e16.17 LOCIS - BUTTE 300 LOCIS ADMIN SIFT 01-I35e-ITI-73 1 19aa CITY OF ORONO -__CHECK NO. DATE 319015 11/09/64 1_219915. 11/09/06 719015 11/09/68 719015 11/09/66 _ 719915 -71105 - 11/09/00 11/09/49 119915 11/O9/al _ 119435 __11/09/48__.. 119115 11/49/88 119415 11/09/88 119915 ._ _ 11/09/09 119015 11/09/89 115435 11/49/80 119915 11/09/88 119.1T 1/09/6 319437 1 I1T 1/09/86 CHECK REGISTER AMOUNT ___.__ V[N0011_ ITEM DESCRIPTION 058.60 LORIS - SUITE 306 DATA PROC SEPT 61a.50 __LOCI$ - SUIT[ 709___ _ -DATA PROC SEPT 110.11 LOCI$ - SUIT[ 300 DATA PROC SEPT t00.00 LODI$ - SUIT[ lea TRAINING ASMNT 100.00 LOCIS .-_SUITE 306. _ _.TRAINING -- ASMNT 100.00 LOSS$ - SUITE 360 TRAINING ASMNT 185.00 LOCI{ - SUITE 100 PAR/SERIAL CONVERTER 165.00 LOCIS - SUITE 100 ADCOE-25 SWITCH 96.59 LOCIS - SUITE 300 LOCIS ADMIN SEPT 11.ee LOCIS - SUITE 100 DATA PROC SEPT 40.00 .. LOCIS - SUITE 100 TRAINING ASMNT 197.84 LOCI$ - SUITE 100 LOCI$ ADMIN SEPT 197.69 LOCIS - SUITE 100 DATA PROC SEPT 60.60 LOCIS - SUITE 100 TRAINING ASMNT 4,412.61 44.20 CITY OF LONG LANE UTILITIES 13.252.50 CITY OF LONG LANE COVMT SERVICE 13,298,70 . I1-14-08 PAGE 9 ACCOUNT NO. INV. • P.O. • NESSAGE 01-9155-069-15 01-9155-129-11 01-0155-179-11 01-9156-069-15 01-056-129-11 01-0156-174-11 01-4560-129-11 01-0560-129-11 72-4352-541-91 72-4155-549-91 72-9156-599-91 71-6152-569-92 71-9155-569-92 71-4356-569-92 01-0124-129-11 72-9159-599-91 .... 319439 11/N/6e 450.00 LONG tN ROSE TRACTOM [DUD RENTAL 01-6311-249-42 AS0.0e. )_ [19061 11%89%88 '---ins _ Lao LMR TIRi--- IM II17 �YTO [9YIr GI-87�1-eN-.t 0.75 6 6R— II/e9/ee— _-__--. 717.)1 _ _IARTINS NAVARRE. 66 _ PRINT AUTO _ 81-4311-189-31 000-CNS -- ..•-CAE .. T13.64 • ofulkoo .-CNS 31981 11/e9/06 11.6[[.11 METRO WASTE CONTROL NOV SERVICE 71-1202-000-00 •...•• ...-CNS 319489 11i09/N T.445J1 -� - MIDWEST ASPHALT STREET MAINT MAY 01-4231-2/9-4 T.00S.31 -..-CMS - :����*19NE _ I1/99/N U.N HPLS HEALTH DEPT LAB TESTS 01-0106-129-11 u.ee •••••. ...-CNS 71908S 11/09/66 1E.69 RPL8 OXYGEN CO EQUIP PARTS 01-9212-129-11 Ali . I904 CITY OF ONO"CMECM RESISTER 11-14-N FREE 5 •r._g17-CIS_N2�W7L ._ AMOUNT _ _. V[NOOR. ____. ITEM DESCRIPTION -_ACCOUNT NO.-ER9._9. P.0_ E. MEEEAGE ____._ 7114E 11/O1/EE E5.26 MPLG OXYGEN CO UTILITIES 01N724-249-4 - -- - - - - " 71945 I1/tl/EE 7.00 MM MENEFIT ABU LIFE INS 01-/1EE-1E6-71 i 7.00 u•-DNB 17.00 "INN COMP TELEPHONE 01-67l0-tE9-71 719500 1"ev9E 17.00- "INN COHN EQUIP RENTAL 01-4771-129-71 " 719500 11009/4 17.00 MINN COMP EQUIP RENTAL 01-0771-129-31 . 719300 ll/09/99 294.66 MINN COHN PAGER 01-4560-129-71 261.66 • �••••• .- _ u•-CNS 71152S lt/09/96 BS.79 MINN UC FUND UC MOOGENANNER 01-/15/-129-01 - .. 85.79 •u-CNS Auu• 719540 11 /O9A9 700.50 UM MUELLER { SONS STREET RAINY MAT 01-407-24-4 TOO.50 •u-CN8 - u•••R -31954_�1110CN _ _—_.. f0,00 _MAVARRS _AUTO REPAIR MAINT AUTO - _61-4741-1_79-77 j 90.00 • ....CNB 719S06 IVO9/9B I7E.27 NAVARRE HARDWARE RAINY SUPPLY 01-9271-E90-61 719S4 11/09/48 26.57 NAVARRE HARDWARE EQUIP PARTS 01-4232-129-31 719508 IU09/60 11.67 NAVARRE HARDWARE EQUIP PARTS 01-9272-249-4R ' 71954 11/09/88 16.75 NAVARRE HARDWARE RAINY EQUIP 01-4302-099-17 71994 11/09/80 27.56 NAVARRE HARDWARE MAINT EQUIP 01-0702-249-42 ._ 7195/9 ._ 1t/09/60 4.05 NAVARRE HARDWARE UTILITY MAINT 72-9219-S49-91 719560 11/09/08 /.88 NAVARRE HARDWARE EQUIP PARTS T7-4272-569-92 71954 11/09/99 I1.14 NAVARRE HARDWARE UTILITY PAINT 73-427I-Si9-92 719518 _ II/09/88 4.06 NAVARRE HARDWARE SAINT LINES 77-9799-569-92 - 71954 11/09/88 162.61 NAVARRE HARDWARE RAINY SUPPLY 79-4271-590-97 - A79.1t uuu u•-CNS -719597 11/09/66 783.18 PUBLIC EMPL NET ASSN PENA RETRO PAY 01-M141-111-DI 719597 11/09/88 341,99 PUBLIC EMPL BET ASSN PENA RETRO PAY 01-4141-121-01 719597 11/09,68 361.60 PUBLIC EMPL ACT ASSN PERA RETRO PAY 01-4141-126-01 719597 11/09/98 9 OO PUBLIC EMPL MET ASSN LIFE INS 01-4152-129-3I 1,495,77 711N_ 11,99,65 57. 75 PERRYS TRUCK REPAIR MAINT AUTO 01-9741-299-42 1 \ 7 17N CITY A ORONO CHECK REGISTER _CNRCK..NO._ DATE _ _____ ANIMIST _____. VENDOR ITEM DESCRIPTION 97.75 319626 _-__I.1/09/80 11152.60 POPHAM NAIK 6 ASSOC 711626 11/09,80 IO,941.03 POPHAM MAIK A ASSOC 7116ee 11/09/65 720.02 POPHAM MAIK 6 ASSOC 3I962e. -. ._11/0)/SS .._ ______ _ 17.00 POPHAM HAIR 6 ASSOC 3196eS 11/09/08 558,55 POPHAM MAIK A ASSOC 7116te 11/09/08 0.500.00 POPHAM NAIK A ASSOC 719628 _11/09/60 e,061.20 POPHAM MAIN A ASSOC 217626 11/01,80 43.E2 POPHAM NAIK 6 ASSOC - 719628 11/09/80 147.60 POPHAM MAIN 6 ASSOC 111628 It/09/98 3e1.61 POPHAM MAIK f A580C 719629 11/09/80 176.00 POPHAM HAIR 6 ASSOC 719628 It/09/SS 374.61 POPHAM NAIK 6 ASSOC 719628 _ 11/O9/ee 148,04 POPHAM MAIM 6 ASSOC 719626 11/09/58 115.65 POPHAM NAIK 6 ASSOC 7196eS 11/09/88 6S9.t0 POPHAM MAIN f ASSOC 7196ES _11/09/58 48.00 POPHAM HAIK 6 ASSOC - 26,334.18 11-14-00 PAM 6 ACCOUNT_ No—INV. O,P Y.. j MESSAGE -_-- -- . _- _---. _._._....-__.... CBS __ -. LEGAL RETAINER SEPT 01-6701-001-16 PROSECUTIONS SEPT 01-6702-060-16 LEGAL CONSULT SEPT 01-0707-060-16 LEGAL CONSULT SEPT __. 71-6707-I89-71__. ... - LEGAL CONSULT SEPT 01-6707-600-71 FINANCIAL ANALYSIS 01-0706-299-78 MNY 12 SUR CRT _ a-4307-927-00 _ LEGAL CONSULT SEPT E1-0799-40-00 LEGAL CONSULT SEPT 26-6799-411-00 LEGAL CONSULT SEPT e6-6799-612-00 LEGAL CONSULT SEPT 24-O391-414-00 LEGAL CONSULT SEPT 24-4399-415-00 LEGAL CONSULT SEPT E4-4399-451-00 LEGAL CONSULT SEPT 2O-4399-452-00 LEGAL CONSULT SEPT 25-4307-632-00 LEGAL CONSULT SEPT 73-I103-569-12 2196" 11/01,86 99.78 PRAIRIE OFFSET ENVELOPES -• 11/09/66 99.7T PRAIRIE OFFSET ENVELOPES n9.ss . 711660 11/09/49 R.00 RETAIL DATA SYSTEMS "m SEA PROD MOD _711669 _11/09/88 iS.00 RETAIL DATA SYSTEMS_. -. CASH AEC PROC MOD 7H6N 11/09/68 I5.00 RETAIL DATA SYSTEMS CASH REG FROG MOD 719664 11/09/88 10.00 RETAIL DATA SYSTEMS CASH REG FROG HOD 20,00 RETAIL DATA SYSTEM$ CASH REG FROG MOD _7uN4___ _11/09/88 75. 00 709675 It/Of/6S 1.660.89 ROLLINS OIL CO GASOLINE - wuu '• 7HT11 11/C9/66 IS. 50 STATE -MN DOCUMENTS BOOMS 15,50 ' 719700. 11/09/88 07.64 STREICHERS EQUIP PARTS - 60.64 719TEI 11/09/8$ 307. 70 SUNDIAL BLDG SERVICE OCT SERVICE 01-4210-009-12 01-6R10-174-07 ...-CKS 01-4768-079-18 01-•7.0-0N-JE_ __. . . —_-- - 01-67.0-170-77 72-4340-549-0t 73-1310-569-98 _. __ __._._-_.-••.-CKS __ .. 01-tl60-SDO-OS '-'- - -- - - --.... CEO O1-.e.6-1¢9-n 01-4e]2-129-]1 01-1749-099-17 ...-CAS •..-CKS _ i9SS CITY OF Ono" CHECK REetOTER 11-14-00 PAGE 7 AMOUNT_______ _._ - VENDOR ITEM DESCRIPTION ACCOUNT No. INV. 0 P.O. 0 MESSAGE 319751 1118911" E64.66 SUNDIAL SLOG SERVICE OCT SERVICE 01-1749-129-71 ..-__.__656J5.e__.-- _—._._--___ •uur ••I—GRS - ]I 1T90 II%09/00 -179.00 UNIFORMS UNLIMITED CLOTHING 01-I221-IE9-71 139.04 • 11/09/68 I5.10 VESSCO INC FAINT NITER MAIN TE-I845-549-91 15.40 . .•. 719616 11/09/419 1.009. IS WALDOR PUMP FAINT LIFT STATION 77-I311-569-99 1.009.40 . ' 71 l575 11/09/94 502.20 WASHING LITES INC EQUIP RENTAL 01-I171-tI9-I2 ' SOL.20 0•••o u•-CMS _719N1_.—_11/09/N __ . .. 46.07_ _ WATER PRODUCTS CO MINT WATER VALVE 72-1]15-549-91 66.e7. --------- -._. r•rr.. -� — -- - 719675 11/SS/e0 8.49 WRIGHT HENN ELECTRIC UTILITIES- 01-4324-049-1E ------- 0.40 • _ .__ _ . _ _ .___. •u••• *..CBS -' 3I9901 Il/H/N 15.00 OILS WATZATA NET11L RAINY SLOGS 01-I343-419-17 -- ------ 15.00 ' 71!!0t 11/9/SS 171.50 EVLLS MFG CO FAINT LIFT STATION 70-1711-SN-92 " 177.50 719907 11%M%N 112.06 SCIENTIFIC MOOUCTS EQUIP PANTS 01-4L32-I29-71 ' 112.66 719901 11/09/68 2,722.50 METRO WASTE CONTROL OCT SAC CHANCES of-Rtt6-000-00 2,722.SO 719909 11/09/80 61. 00 ELECTRIC SERVICE CO EQUIP MAINT 01-1712-175-71 61,00 319906 II/09/68 10.00 STATE OF KM LICENSE 01-1767-249-42 ]0.00 3I9907 11/09/08 165,72 JOHN BECKMAN 2160 PRSPECT 21-1399-157-00 165.72 1906 CITY OF ORONO CHECK REGISTER 11-16-90 PAGE CHECK N0._ DATE ._A110YNT____. -.-VENOON _ ITEM DESCRIPTION. -__ACCOUNT. RO. INV._• PA, 6 MESSAGE .. 319f0• 11/09/ee LnS.0 __._-MLTd _REFUSE INC -. FALL CLEANUP _11/0919e. —_ANDERSON •RULE.__._-__InjgFUND _ •/-4151-129-31 __ _--_ -_-. 1H.94 • '___ 719910 11/09/ee 111.00 —__.CORNICK JAMES _._._._ .INS REFUSE) -- 01-6131-196-31. -� 110.00 • -_ 719911 II/09/ee .. _ _ 110.H_____-jNGLISM IRVING iN4_REFDND __. 61-6161-1E9-31 - __ ._ _ Ile.•• • _ 31991E n/ovee t0.00.--. _-ERICKSON HURT INS REFUND 01-4ISE-199-31 E0.00 _ II/O9/SB ._ .. _. 110.99_. J10RAN MARK _- _- _ INS REFUND - _ 01-4191-I29-31 _319917 110.00 • 319914 11/09/ee ..___110.08 _.-._NOR000ZNSNI JAMES _.INS REFUND ._ 01-4151-101-31..._ - 110.09 319915 1,109/68 EO�Q lDNAU44 CMARLEp INS REFUND 01-4151-106-31 00.61 .319916 II/09/0p _ ____EI0..61_ -_ TOMCNECK LAWRENCE INS REFUND OI-4151-I2I-31 -- 119.90 • _719)97 _ _ 11/09/eB 110vN TONCZYK MARK INS REFUND _61-4I51-109-71__.__ 110.66 ".. 719995 II/01/00 q.JJ RATL CONSULTANTS JNC.__.. WORKER COMP PUS.. _ _Oi-•dragelE__ ____�• " 319915 II/of/e0 ISAR RATE CONSULTANTS INC WORKER CORP FUEL OI-6200-069-15 - 36.45 • 5E.506.07 FUND 01 TOTAL SEVERAL FUND 1,084.45 _._ FUND 1/ TOTAL IMPROVE A EQUIP OUTLAY F _ 5,148.10 FUND EA TOTAL PENN IMPROVE REVOLVING F , 409.E0 FUND ES TOTAL 1965 IMPROVEMENT FUND 14,356.16 FUND TE TOTAL WATER OPERATING FUND _ 17,642.63 -_ FUND 73 TOTAL SEWER OPERATING FUND 174.73 FUND 74 TOTAL GOLF COURSE OPERATING FO .. 91.601.14 TOTILL j LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETING SCHEDULE November 1988 Thursday 11- 3-88 Public Relarions Committee 8,00 a.m., LHCD Office, Wayzata Wednesday 11-16-88 Advisory Committee 7:00 p.m., Tonka Bay Village Hall Saturday 11-19.88 Wa<ar Structures 6 Environment Committee r30 a.m., LMCU Office, Wayzata Monday 11-21-88 Eurasian Water Milfoil Task Force 8:30 a.m., Cray Freshwater Biological Institute, Navarre Monday 11-28-88 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Wednesday 11-30-88 Regular Meeting, Board of Directors 7,30 p.m., Tanks Bay Village Hall 11-4-88 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL October 26, 1988 The regular meeting of the Lake Minnetonka Conservation District war called to order by Chair Robert Rascop at 7:30 p.m., Wednesday, October, 26, 1988, Tonka Bay Village Hall. Present: Chair Robert Rascop, Shorewood; Bert Foster, Deephaven; James Grathwol, Excelsior; David Cochran, Greenwood; Robert Pillsbury, Minnetonka; Jan Boswinkel, Minnetonka Beach; John Lewman, Minnetrista; Tom Reese, Mound; Ron Kraemer, Spring Park; John Malinka, Victoria; Attorney Charles LeFevere; Executive Director, Eugene Strommen. Mayor Ruth Sherman was in attendance for Marvin Bjorlin. Absent, JoEllen Hurr, Orono; Hark Westlund, Wayzata; Robert Slocum, Woodland. APPROVAL OF MINUTES. Upon presentation by Chair Rascop, Lewman moved, Reese seconded that the minutes of the meeting of September 28, 1988 be approved as mailed. The motion carried unanimously. INSTALLATION OF OFFICERS AND DIRECTORS. Attorney LeFevere administered the oath of office to LMCD Officers and Directors. PASSING OF THE GAVEL. Chair Bob Rascop passed the gavel to Vice Chair Tom Reese, in lieu of JoEllen Hurr's absence, to conduct the balance of the meeting. PUBLIC COMMENTS. No comment was offered from persona in attendance. COMMUNICATIONS. Minnehaha Creek Watershed District Chair James Spensley ex- pressed appreciation of the MCWD for the time to prepare written comments con- cerning permit applications. Spensley went on to express their appreciation of the level of support that the LMCD is providing the MCWD in their review of the permit applications. It was also noted that the LMCD Board passed a resolution at the September 28 Board meeting supporting the MCWD's grant ap- plication for the Long Lake Creek Sub Watershed District non -point source pollution abatement project. REPORTS: A. SPECIAL BOARD ASSIGNMENT, 11CWD OPERATING PLAN REVIEW, DAVE COCHRAN. In Cochrane absence this item was held for consideration later. B. TREASURER'S REPORT 1. Quarterly Budget Report, The report for the quarter ending 9-30-88 was presented by the Executive Director for Treasurer Westlund. Gen- eral Fund was revised as to form, Strommen noted, showing "Other In- come" broken down into four categories of documentation. LMCD commu- nity revenue is 98.1% complete, the one remaining payment being that from the City of Victoria. In General Fund disbursements, the 1988 LMCD Board Minutes October 26, 1988 budget total for Personal Services should read $68,483, not $18,483. The Consulting Services disbursement continues above budget, the Arndorfer contract being paid from this account. Revenue and disbursement summaries for the "Save the Lake Fund" were reviewed. Reese moved, Boswinkel seconded that the report for the quarter ended 9-30-88 be accepted as presented. The motion carried unanimously. 2. Financial Condition. The Financial Condition as of 9-30-88 was reviewed from the summary presented. A net gain of $1,881 was reported. Kraemer moved, Raecop seconded that the Financial Condition Report for the month ended 9-30-88 be accepted as presented. The motion carried unanimously. 3. Audit of Vouchers for Payment. Bills due and paid since the Septem- ber 28, 1988 Board meeting were presented through October 26, 1988 totalling $17,742.02. Kraemer moved, Raecop seconded that the bills be approved as presented in advance. The motion carried unanimously. 4. Depository Resolution for Checking and Savings Accounts. The Bank Wayzata's corporate authorization resolution was p..ented for the new officers, authorizing two of the four officers' signatures on all checking and savings transactions. Pillsbury moved, Raecop seconded that Resolution No. 64 be adopted, designating The Bank Wayzata as the official depository of the Lake Minnetonka Conservation District; that Chair Hurr, Vine Chair Reese, Secretary Boswinkel, and Treasurer Westlund be the signatories on the two bank accounts; and that two officers' signatures be required on all checking or savings L.ansac- tions. The motion carried unanimously. C. STANDING COMMITTEES 1. Water Structures A Environment a) Approval of Action Report of 10-8-88. Chair Raecop summarized the minutes of the action report. Boswinkel moved, Cochran seconded that the action report be accepted as presented, with the minutes reflecting Mary Bjorlin, Tooke Bay, as present. The motion carried unanimously. b) Nelson Variance Application Request. The variance application request from Ralph A. Nelson, 60 Brentwood Av., Tonka Bay, was presented for Board consideration. Based upon the information presented at the committee's meeting, it had recommended that the variance be denied as a result of Nelson not demonstrating hard- ship. James Duvick, co-owner of Lot 39 immediately west of Nelson's lot, was present to express his willingness and that of his parter, Charles Holmes, to review the mutual difficulties each lot owner has experienced in order to arrive at a mutually agree- able solution. The Executive Director presented a summary from information gathered at the request of Ralph Nelson and in conver- sation with both Duvick and Holmes wherein the affected parties have agreed verbally to meet and attempt to reach a solution under the LMCD Code $2.01, Subd. 3, Common Use of Adjacent Dock Use Area LMCD Board Minutes October 26, 1988 Provisions. Duvick circulated a photo showing the Nelson boat as extending significantly into their dock -use -area. For the record it is noted that the Holmes-Duvick property does not contain a residence while the Nelson property does. Duvick explained that they do have an interest in applying for a dredging permit which will assist all parties in their water access. At the invitation of Rascop, Nelson did state that he preferred that the variance application not be withdrawn at this time, requesting that it be delayed until he and his neighbors are able to reach a satisfactory agreement. Rascop moved, Pillsbury seconded that the Nelson vari- ance application be held until the next Board meeting. The motion carried unanimously. c) Rockvam Deicing Application Request. The committee recommendation that the Rockvam deicing application be handled as one permit to include the dock operations at Site 1, 4068-60 Sunset Drive, and Site 2, 4056 Sunset Drive, and be recommended for approval to the Board. Boswlnkel moved, Kraemer seconded that the Rockvam deicing application be accepted as one permit for both sites, and be approved as recommended. The motion carried unanimously. d) Deicing Applications for License Renewal. The following deicing applications have been received as of 10-11-88: Advance Hachaine Co. Minnetonka Yacht Club Anderson, Steve J. North Shore Drive Marina Clay Cliffe Homeowners Assn. Resberg, Paul F. Crystal Bay Service Rockvam Boat Yards, Inc. Curly's Mtka Marina Inc. Smith Bay Marina, Inc. Elshaug, Frank Taylor, Dave Fairview Hospi-als Tooke Bay Marina 6 Yacht Club Gayle's Marina Corp. Wallace, Rodney S. Grays Bay Resort 6 Mari Wayzata, City of Howard's Point Marina Wayzata Yacht Club Maxwell Bay Marina, Inc. Welch, Russell C. Minnetonka Boat Works (Orono) Wyer, James I. Minnetonka Boat Works (Wayz) In conjunction with these renewal application approvals, it was noted that the adjoining neighbors would be notified by letter of their neighbors' intentions to deice. Deicing licenses would be issued upon passing of inspection of the Code stipulations in 52.09, Subd. 4, items a) through h). Foster moved, Kraemer seconded that the deicing applications be approved as presented, licenses subject to inspection and full compliance with the Code as stipulated. The motion carried nnanlmously. e) Deicing Annual Application Fee Requirement to Retain ncicing Statue. The Executive Director reviewed experiences of recent year, where some deicing applicants have requested to have their deicing license retained while not conducting a deicing operation for a given year. The low water has prompted some applicants to write and say they do not plan to deice this year, but asked that LMCD Board Minutes October 26, 1988 their deicing permit be reserved for future years. Two persons have made this request for 1988-89. Upon recommendation by the Water Structures Committee, Cochran moved, Rascop seconded that deicing applicants must make their applications with full fee payment annually in order to retain their grandfathered deicing statue. The discussion prompted concern by Directors ranging from waiving the fee when deicing would not be conducted, to charging at least a reasonable administrative registration fee. An amend- ment was offered to charge a $25 administrative fee for this year only, which would not allow deicing. A prospective applicant, under these circumstances, could apply later for deicing, paying the full fees if conditions should so require. The late fee would not be applicable. This amendment was accepted by Cochran and Rascop. The motion to allow previous applicants to serve intent of their not being able to deice by submitting written notification and the $25 administrative fee was approved as recommended. The motion carried unanimously. f) District !boring Area (DMA) Temporary Extensions. The "Dock" Com- mittee recommendation of authorizing the Executive Director to permit a DMA temporary extension doubling the DMA distance or to reach 3' of navigable water whichever is reached first without creating a navigation hazard was reviewed by the Board. The Executive Director requested clarification of the distance that would be referenced in the doubling provision. The distance of each mooring area is set individually by th- Board based upon the DMA application and its individual circumstances. tt was also pointed out that the 3' of navigable water may be inadequate for certain keel boats. Rascop moved, Boswinkel seconded that the temporary extension recommendation be referred back to committee. The motion carried unanimously. g) Lake Frontage Measurement Code Amendment. This subject was re- viewed by the "Dock" Committee with a recommendation that staff develop a Code modification, with legal assistance, taking into account continuous shoreline, not including islands, using wetland shorelands. Since the Water Structures Committee, consultant Dave Arndorfer offered a recommendation to the Lake Use Committee on 30-17-88, recommending that no changes be made in the existing method of measuring Lake frontages. This was outlined in a letter provided the Board in advance dated 10-17-88. Arndorfer reasoned his position: 1) Changes to existing policy end ordinances should be viewed as interim, in effect, only until the Management Plan is adoped and implemented. Measurement of Lake frontage will be essen- tial to three major areas of the master plan: (1) Shoreland Aesthetics, (2) Lake Access, and (3) Wetlands. 2) We are compiling alternatives for determining boat storage in the water or on the land that may affect the number of boats kept in the water at the Lake's shoreline. Four alternative methods were listed. LHCD Board Minutes 5 October 26, 1988 3) To the extent allowed by law, we would like to see a link between the DNR's proposed Shoreland Management Rules and this LMCD ordinance. Rascop repeated his objections to the proposed ordinance amendment as voiced at the earlier committee meeting. He noted that the proposed amendment would encourage development of am 11 Lake front- age lots. Lawman moved, Foster seconded to table the Code amend- ment proposal for further study indefinitely. The motion carried unanimously. C. 2. LAKE USE COMMITTEE a) Approval of Action Report. Pillsbury moved, Foster seconded that the action report of 10-17-88 be approved as presented. The motion carried unanimously. b) Code Amendments 1) 54.02, Subd. 3. Sale of Strong Beer with Hine/Beer Licenses recommending the addition to the LMCD Code to read "may sell intoxicating malt liquors at on -sale without an additional license." 2) 55.28, Subd. 3 recommending to delete language "unless accom- panied by his parent or legal guardian." - 3) 15.43. Subd. 2. Change reference from 54.122 to 53.01, and delete language "Authorized to sell intoxicating liquor there." Cochran moved, Rascop seconded that the three Code amendments be accepted as recommended, and the attorney instructed to prepare the appropriate changes. The motion carried unanimously. c) Liquor License Fixed Investigation Fee Refunds. The Lake Use Com- mittee recommendation of 10-17-88 recommending refunds where applicable of the fixed investigation fee for Executive Charters, and John Lambin were reviewed by Chair Pillsbury. The fee amounts in the 10-17-88 committee minutes were amended to reflect changes in assessment of legal fees to each of the two charter applicants since the committee meeting. A re -review of the fees with the LMCD attorney resulted in an adjustment in hours for Executive Charters from 32.1 to 37.35 hours @ $80/hr, or total legal coats of $2,988.00. Hennepin County Sheriff investigation fees remained at 3.5 hours @ $23.96/hr for a L. cal of $83.06. Total Executive Charter investigation fees is $3,071.86, or $71.86 charges in excess of the investigation fee deposit. John Lambin's fees were adjusted from 16.05 hours to 16.02 hours @ $80/hr, for a total of $1,281.60. Hennepin County Sheriff investigation charges of $297.59 brings the Lambin total to $1,579.19. Upon recommendation of the Lake Use Committee, and the provisions of Resolution No. 54, establishing liquor license fees for the sale of liquor on LMCD Board Minutes October 26, 1988 the Lake, Pillsbury moved, and Rascop seconded that Executive Charters be billed for the investigation costa in excess of $3,000.00, totalling $71.86, and that John Lambin be refunded the balance of the investigation fee totalling $1,420.81. Director Grathwol requested the record reflect that he has performed pro- fessional services for John Lambin in the past. The motion carried, with Grathwol abstaining. d) County Road 51 Parking Review. Correspondence of 9-27-88 from David A. Singer, 3520 North Shore Drive, Orono, was review by com- mittee Chair Pillsbury. The Lake Use Committee concluded its review with a recommendation that flashing yellow lights with restricted speeds, suggestion 20 mph during peak Lake use times, be recommended by the Board to the Orono Police Department and the Hennepin County Sheriff. Singer was present and addressed the Board concerning recent communications he has had on the sub- ject, receiving four different recommendations. Singer noted that the Hennepin County Transportation Department was reviewing site lines on County Road 51, and the prospects are possible for the provision of buffer strips periodically between parking positions. This would allow 10'-15' openings for pedestrian crossing. Singer also noted the hazardous situation of debris floating into shore, glass being broken. He suggested signage at accesses urging people to avoid using glass containers on the Lake. Pillsbury moved, poster seconded to approve the Lake Use Committee recommendations providing flashing yellow warning lights, with reduced speeds at approximately 20 mph during peak Lake use times, along the referenced County Road 51 segment north of Crystal Bay, with recommendation to the Orono Police Department and Hennepin County Sheriff. The motion carried unanimously. e) Deposit Refunds. Special events eligible for $100 deposit refunds upon recommendation of the Lake Use Committee were presented as follows, Operation Bass, 9/18, Hendrickson's Access Shorewood Yacht Club races, 5/28-10/2 Viking Bassmaster of MN, 10/2, North Shore Drive Merino Doug Dunsheath, parisailing, all summer, Lafayette Bay Consolidated Races, all summer, Lower Lake Upper Lake Minnetonka Yacht Club races, all summer, Upper Lake Pillsbury moved, Bosvinkel seconded that the deposit refunds of $100 each be approved as recommended. The motion carried unanimously. f) Water Patrol Report. Deputy Bill Chandler reviewed his report to the Lake Use Committee 10-17-88. Chandler added that the Water Patrol now has eight new snowmobiles for Lake patrol in the 1988-89 winter season. Chandler then presented a draft copy of recommenda- tions on the winter ordinance publication which was reviewed at the committee's request by him and the Executive Director. Upon LMCD Board Minutes October 26, 1988 a brief review, the Board seeing the draft for the first time, Rascop moved, Pillsbury seconded that the draft be returned to the committee for its review and recommendations. The motion carried unanimously. g) Winter Ordinance Review Reconsidered. Cochran moved, Boewinkel seconded to reconsider the previous motion to refer the winter ordinance draft to the committee in light of the need to prepare the copy for early December printing. The motion carried unanimously. Foster made reference to key points in the draft. The trespass provision should have a safe -guard requiring the person using another person's property to have written permission in their possession. Deicing license reference should be clarified. The "deadman" throttle is incorrect terminology. Under "Owner Responsibility," spell out that the "minor" is not to drive unless permitted by an adult. Reference to helmets should identify the state standard on certified safety helmets. Water skipping for snowmobiles should be noted as being denied. The decibel limit should be noted. Motorized vehicles driving from shore to 150' point distant should maintain speed not exceeding 15 mph until clear. Cochran moved, Pillsbury seconded that Deputy Chandler work with Director Foster in preparing a revised draft for a preliminary printing draft, subject to LMCD Board approval at its next meeting. The motion carried unanimously. h) Resolution 59, Fishing Contest Policy. Item 9, "casting near a person -occupied dock is to be avoided, and the practice to be reviewed after the 1988 season," was recommended for Board review and approval by Committee Chair Pillsbury. While there were no complaints this past summer according to Deputy Chandler, Rascop moved, Boswinkel seconded to retain the resolution language through the 1989 boating season. The motion carried unanimously. D. SPECIAL COMMITTEES 1. Advisory Comaittee. Boewinkel moved, Cochran seconded that the committee action report of 10-5-88 be approved as recommended. The motion carried unanimously. a) October Progress. Consultant Dave Arndorfer reviewed the Compre- hensive Plan progress as reported in the 10-5-88 minutes. Subcom- mittees on Shoreland Protection and Fisheries are bring Set. They will begin meeting in December. Public meetings in January and February are being planned. A letter to city mayors was circulated inviting the appointment of a key city -staff member to serve on the Shoreland Protection Committee. b) Metropolitan Council Systew Committee. The first quarterly report was presented 10-18-88 by Arndorfer, Hurr, and Stroamsen. Rascop, also in attendance, noted that two commission members, Vin Scully and Josephine Dunn, offered favorable response to the presentation. LMCD Board Minutes October 26, 1988 Eurasian Water Milfoil Task Force Report. Reese reported on a recent visit to Lake Mendota, Madison, WI, while in the area on business. This 16,000 acre grouping of five lakes has been dealing with Eurasian Water Milfoil for some 20 years. It has found harvesting working beet. One of the five lakes has water conditions favorable to the weed. Lake Mendota, because of its fast shoreline dropoff, has fewer weeds. Turbid water in another lake is not conducive to the weed's growth. Reese pointed out that while Lake Minnetonka's present infestation is abundant, he is concerned that we don't allow it to become "colossal." Harvesting appears to be the beat answer in Reese's judg- ment. It is being done twice a season in the Mendota Chain of Lakes. Equipment investment is part of the solution, Reese concluded. Le- Fevere suggested that the LMCD may wish to seek authority from the legislature to issue bonds for capital acquisitions of harvesting equipment. Reese will explore methods of raising funds to procure weed harvesting equipment that conceivably could be in LMCD hands for use by the summer of 1989. 3. Board Workshop. The Board Workshop held following the Water Structures Committee meeting 10-18-88 was attended by Hurr, Hoswinkel, Lewman, Westlund, and Slocum. a) Legal Service. A consensus was reached to recommend that the Board seek a request for proposal for LMCD's legal service. LeFevere requested an opportunity to speak in regards to the recommendation. LeFevere noted that their firm has represented the LMCD since its inception in 1969. He personally has handled the civil work for the past 11 years. His practice is in the area of municipal law which includes the cities of New Brighton and Brooklyn Center. He also represents the White Bear Lake Conservation District. Criminal work has been handled by Skip Lefler the past two years. Lefler left their office in September. That work is now handled by Steve Tallen. LeFevere noted that he has had no discussion with anyone regarding dissatisfaction with his service. He added he is most willing to discuss changes or concerns the Board might have regarding their service. There has been no written contract, the operation being an ongoing service to the LMCD. Reese reported that he had concerns over the nature of billings and what consti- tutes a service billing. The Board concluded that clarification is needed on what the Board's expectations are as to the knowledge and expertise the legal service should be providing. It was the Board's unanimous consensus that a dialog be established with the legal service to promptly determine the mutual expectations. b) Institutional Readiness Study. As a result of the few members present at the workshop, no recommendation was made on the institu- tional readiness study. It was recommended that the subject be taken up at the next Board Workshop. E. EXECUTIVE DIRECTOR'S REPORT 1. Priority Keating Exchange Sumwary. The written summary of the Execu- tive Director's contacts with community, business and government groups ' LMCD Board Minutes 9 October 26, 1988 the past month was circulated among the directors. It was accepted without comment. 2. Funding for Comprehensive Plan. Since the Legislative Commission on Minnesota Resources request for a grant in aid funding proposal of $150,000 in matching funds was turned down September 23, continuing efforts have been directed towards contacting state lake management groups as possible partners in a funding plan proposed by Ron Harnack and Bill Becker, MN URN. This involves a tie-in with a legislative funding bill the DNR is preparing for the Minnesota Shoreland Rules implementation. Phone contact and correspondence has been made with the Arrowhead Regional Development Commission representing the North Shore Management Board of Lake Superior, Strommen added. In addition, phone contacts have been made with the White Bear Lake Conservation District. Broader statewide legislative support for a larger funding package will benefit more areas with similar needs to the Lake Minne- tonka Conservation District, Strommen added. Harnack recommended contacts with legislators begin after the election. Strommen noted that this funding prospect is a challenge, with any funding approval only being available July 1, 1989. Arndorfer responded that he would expect payment of this type to be provided over a two year period at $75,000 per year. Raecop recommended that the research section of the University of Minnesota dealing with foundations be contacted for assistance on foundations supportive of environmental issues. Cargill was suggested as an organization that could be a likely prospect. Raecop also noted that the option is still open to negotiate a loan with the Met Council. Funding for the Comprehensive Plan beyond mid- year is dependent on additional outside revenue sources according to the manner in which the budget was established for 1989. Strommen will keep the Board informed of the funding progress. UNFINISHED BUSI-ESS A. MCWD Operating Plan Review. Dave Cochran, former MCWD Board of Managers member and Chair, circulated the MCWD's Headwaters Contract Structure Man- agement Policy and Operating Procedures outline for the period 3-1-86 to 3-1-89. Cochran noted that the Policy and Operating Procedures are specific as to the headwaters control structure at Cray's Bay. He reviewed the history of its development into the present concrete weir. He urged Board members to review the stated Management Coals and Operating Proce- dures. This outline will be reviewed by the MCWD and will be up for public review amendment and/or adoption next March. B. Proposed November -December Meeting Schedule. Upon discussion by the Board the following schedule was agreed upon for November: 7:00 pm, Mon., 16, Advisory Committee, Tonka Bay City Hall 7,30 am, Sat., 19, Water Structures Committee, LMCD HQ. 8:30 am, Mon., 21, Eurasian Water Milfoil Task Force, Freshwater Foundation 4,30 pm, Mon., 21, Lake Use Committee, LMCD HQ. 7,00 pm, Wed., 30, Board of Directors, Tonka Bay City Hall LNCD Board Minutes 10 October 26, 1988 The meeting schedule for December was not resolved, suggestion being made that there may be sufficient business to hold some committee meetings, including the Board meeting, in December. This will be discussed at the November Board meeting. AWOURNM N'r. Pillsbury moved, Lewman seconded that the meeting be adjourned at 10:19 p.m. The motion carried unanimously. Submitted by: Jan Boswinkel, Secretary Approved by: JoEllen L. Nurr, Chair 11288.3 TO: Mayor and City Council PROM: Mark E. Bernhardson, City Administrato a DATE: November 2, 1988 SUBJECT: Wayzata Comprehensive Plan Amendment - West Lake Street This memo is written to apprise you that the City of Orono has received a copy of the Wayzata Comprehensive Plan Amendment proposal that is presently before the Metropolitan Council. This is for the area on the west end of their downtown where County Road 15 crosses the railroad tracks and heads east along their main street to an area just east of the Depot. A number of "marginal" buildings are presently there and you may have noticed that the lumber yard has already been removed. Development anticipates commercial/office/retail together with some multiple family housing in that area. (Attachment A shows a conceptual overview of the area's possible development). While the plan will generate more square footage and may eventually mean more traffic that may have an impact on County Road 15 to the west in Orono, it appears that the land uses do not have a direct impact on abutting Orono residents as they are substantially separated from Orono by County Road 15 and the Burlington Northern tracks. Other issues are as follows: A. Transportation - While increasing the amount of traff c, the -Plan he plan does realign the intersection of County Road 15 and West Lake Street at the railroad tracks to make a much safer intersection design than presently exists. Additionally this end is oriented more towards auto traffic and will be a four lane configuration narrowing down to a two lane as County Road 15 goes west. The area to the east will remain a two lane configuration. B. Tax Increment FinancnA - To the extent that there is tax increment financing undertaken in this area, it may have an impact on Wayzata school district residents in Orono. This would be a negative effect during the term of the district and potentially a positive effect after that. C. Sewer Capacity - While this will increase the demand for sewer, it is an issue that has not been substantially addressed in the plan and we are presently awaiting the separate sewer study to determine what, if any, incremental difference this will have on the Wayzata pump station and its impact on Orono. The review period for this requires comments by affected municipalities to be submitted by late December. For the Metropolitan Council review the two issues of note would be the transportation and sewer capacity issues. At the present time based on the review the City would note its generally positive reaction to the transportation improvement and comment on the sewer capacity once there is better information. Additionally as this is a commercial revitalization plan there are some elements and ideas in the plan that may serve to be instructive both in the positive and negative sense as we look at the Navarre redevelopment area. Should you desire to review a copy, please feel free to contact Jeanne Mabusth. It would be appreciated that any comments you may have be given to staff by November 28, 1988. cc: Departments Heads environmental *14 848 issues .�`.Mann lanf/poor Wila Un4rnaa4 Inr G�wbpmanl wayuu Bay �y rinvnf mWlY�ilanL wayzata, minnesota west lake street plan — Tr DUO., II tion lake-st.lferndak't rd. intersec24 ul. FaroNlf � w'' Sq Fltlfgn Cett llYe +[Nei , � � Eatt • tOi6[ion n11F6Yn[ O ar-0 Remy Fa/ is N ! tvicw ::w •em-sine• �/ O prodN bNinq aM Jn larws r � it [inq la p Iud in:pNatlen Aligrt�ns Cl ❑ SiCen taistlM Runty Ra/ lS tI t'r :riFr ip nifrw/ [roulnq. � y /C ip- i wayzata, minnesota wI st lake street plan ��i----�rrr i uu:amuniunnu ........... R AtWWO WTERUCTRM LEFT TORN LAMS 1T MTERSECT4.S 1 59,0W ,From cuDE-SAC AS unirr u:euExr lake et.ladgewood eve. �� Improvements wvnw eoo[w000 lvexuE 1} PoOI.w.W1T . TO vR W 1 � ¢tas To Re1R rRoxRTeE KRA LLL FAARWO ROT"MES I I OF WEST LIRE STREET 'YT'NOTCHES' TO LESCOMAOE 'fR PINSTRIAN CROSSMOS wayzata, minnesota west lake street plan N 0 "NNW6 Gip rfG�.-i •- � �. west lake at. extension 2B ................. • 4 . ........... NInYp . . .............. ...... . ... ... .... wayzata, minnesota west lake street plan streetacape plan a 2Ba rx.xu.n IOMT NA D.C. rwc. IJ ra �K wayzata, minnesat9 west lake street plan n �, streetscape plan 6 28 p I eoo 1ema vW "�?, wayzata, minnesota west lake street plan i MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1998 ATTENDANCE 7.00 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Johnson, Bellows, Cohen, Moos and Hanson. Planning Commission member Brown arrived at 7.15 p.m. The following represented the City staff: Building 6 Zoning Administrator Mabusth, Assistant Planning a Zoning Administrator Gaffron, Public Works Director Gerhardson, City Engineer Cook and City Recorder Scheffler. Council Representative Goetten was also present. 41348 O. LORRY LEE 1050 CARDER LANE CLASS III PHRLIMINAPY SUBDIVISION PUBLIC HEARING 7:35 - 8:35 The Affidavit of Publication and Certificate of Mailing were duly noted. The applicants' representative, Mr. James Krautkrewer, was present. Zoning Administrator Mabusth explained that this application 1 solved a 30 Lot subdivision of a 36.7 acre parcel. There are currently 5 separate owners of this property: Palmers, Valek, Sollner, Hawkinson, and O. Larry Lee/Yorktown Development. Mabusth went on to say that Lots 5, 6 and 10 require a lot width variance. Lot 11 on Tonkaview will require a lot area variance. Kelley asked what the lot width standard was? Mabusth replied 140' must be met to the rear of the front yard setlack line which is 35' in from the street. The existing house on Lot 9 should be shown on the plat in order to confirm that the setbacks are met from the new division lines. A through road is being proposed from Tonkaview to west Branch Road. The property will be sewered but municipal water is not availabl=. The developers will be responsible for providing municipal services to the property, as well as the road. Planning Commission member Johnson asked if the road on the east side by west Branch was located on half of each lot line. Mabusth confirmed that and added that the road had already been platted with previous subdivisions. Mabusth 'ained that there are certain vacations proposed with app. tion. The City's standards have changed in that the my „sks for roadways to be 50 feet in width. The exi . oad is 60' in width and the City will ask for a redo. It may be more appropriate to vacate the entire road and p— rn the new road at the 50' width. The applicant is proposing to vacate a portion of Highview Lane, as well as a 10' alley that exteids along the north lot lines of lots within the b•:rquist-Wicklund Addition. ;:hat runs along Tonkaview. The City has explored the possibility of a future access MINUTES OF THE PLBNNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE 81388-0. LBRRY LEE CONTINUED corridor being platted to the Morgart property. There is currently a connection with Highview Lane, but due to steep grades and the potential of major tree removal, this would not be a practical access. Mabusth explained a proposal submitted by the City Engineer for an access. Mabusth observed that due to the alignment of the property lines and the major wetlands, this option may not be acceptable. Chairman Kelley inquired as to whether a rezoning would be necessary for the two northern lots? Mabusth responded that the property would not be rezoned. Mr. Krautkremer began his presentation by providing a bit of history regarding the proposed subdivision. He said that working with all of the property owners and developing the area as a whole, was a much better approach than attempting development a parcel at a time. Kelley asked about the Hoskin subdivision application. Mr. Krautkremer stated that he also represented Mr. Soskin. Kelley suggested that the Hoskin matter be included with the O. Larry Lee matter when it is next presented. Mr. Krautkremer explained that his intention was -o do that. Mr. Krautkremer said that he had seen the house plans proposed for one of the lots. He described the house as "fabulous' and added that all homes to be built in the area would enhance the surroundings and topography. He said that he had communicated with many of the adjacent property owners and apprised them of the development proposals. Mabusth interjected that at this time, the major concern of the neighboring properties and the City was drainage. Mabusth apprised the Planning Commission and concerned neighbors of the the current drainage pattern. Mabusth explained that the construction of the road would redirect the drainage so it would flow between the shared lot lines of Lot 6 and 7 and up to the roadway to a drainage ditch located o' Lot 1 of the Hoskin property. Kelley asked if the runoff would 'low through nip"ig or a Swale? Mabusth ans, .red that it would flow throu�.: pipes. Mr. Krautkremer added t.at the size of the piping would be determined at a later time. Krautkremer further advised that there was a retention pond that would be expanded to handle the runoff. Mr. Valek, one of the property owners, had indicated that the pond would be an amenity for the properties. Mr. William Bull, a property owner to the south, expressed his concerns over the proposed drainage. He explained that the proposed area was very low and had a tendancy to have 8 to 12 inches of water every Spring. Kelley asked where the water drained from that area. Mr. Bull said that currently, it did not drain anywhere. Mr. Bull added that in previous years, from the middle of his property to the back property line and 50' on the other side of his property, there is a pond. Mr. Krautkremer addressed this concern by saying that he would be willing to work with Mr. Bull. MINUSES OF THE PLBNNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1348-0. LRRRY LEE CONTINUED Kelley asked where the storm pipe would run. Mabusth explained that it would run up the roadway to Lot 1 of the Soskin property. Mr. Krautkremer stated that the water would then run across a form of riprap, to prevent erosion, and continue along to the present drainage area. Kelley asked how the drainageway would be protected downstream? Krautkremer replied that the water that drains on the west side of street would be absorbed by the grassed yards on the properties once they are developed, as now the ground is bare with no ground cover. The size of the pond and piping would be adequate to handle the 100-year storm. Mabusth pointed out that both drainage pipes would run into a drainage swale on the Hennessy property. It would then go into the Wood's property and would come out near the Schultz property. The City is proposing to re -direct drainage to the northeast through a designated wetlands. The developer will be asked to install a storm sewer along the west side of Wildhurst Trail to the intersection of the Cronstrom's driveway. From that location, the drainage will run into the wetlands within the Cronstrom property and will eventually drain into Forest Lake. The Minnehaha Creek Watershed District will be reviewing the drainage proposals to determine the impact upon the surrounding areas. Planning Commission member Bellows expressed her concern about the severe slopes existing over 75 to 80 percent of the proposed site. She said that the slopes would not only create a problem for drainage, but also for building houses, driveways, roads, etc. She added that she had great reservations about the application because of the extreme sensitivity of the area. Kelley concurred. Mabusth said that once the hydraulic information was received the issues of slopes and runoff could be better reviewed. Mr. Terry Pate, 1131 Wildhurst Trail, disagreed that sod and other developing would decrease the amount of runoff. Ms. Pam wood was concerned about affected persons in the area not receiving information from the City or the Developers of the proposal. She stated that the development of the area was being dora. little by little, as opposed to comprene.,sively. Kelley suggested that a meeting be held between the Developers and all of the property owners whose property may be impacted by the development of this area. Ms. wood agreed. Planning Commission member Cohen asked how many lots in total were being proposed? Mabusth stated that there would be 37 lots, including the Soskin development. Chairman Kelley commended Mr. Krautkremer on his efforts to deal with all of the property owners. It could have taken years to have each separate property owner come forth with their individual subdivision proposals. He reminded everyone that there would be no rezoning required and that the properties would he sewered. He added that this areas was going to be developed MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE i134". LARRY LEE CONTINUED sooner or later. He agreed that the expressed concerns were valid and further planning and review was required. Mr. Pate inquired as to whether he had any input as to the water running over his property. Planning Commission member Johnson told him that what was already running through his property could not be changed. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Kelley, to table this matter, with the recommendation that the applicant spend time consulting with the neighborhood before the application is presented again to the Planning Commission. Mabusth suggested that the other concerned parties who were present at the meeting be allowed to express their concerns. Ms. Joan Voit, 4490 Forest Lake Landing, stated that her number one concern was runoff. The other concern she had was the possibility of Highview Road being vacated and increased traffic on Wildhurst Trail. Mr. Jerry Dolezal, 4650 Tonkaview Lane, asked whether a financial determination had been discussed. Ms. Karen Heit, 1153 Elmwood Avenue, suggested that all persons residing on Forest Lake be notified of the Developer/concerned parties meeting. Mr. Lvle Rahn, 1146 Wildhurst Trail, indicated that he would like more detailed information pertaining to the drainage. Ms. Kathy Sawicki, 4510 North Shore Drive, was concerned about the quality of the runoff and its impact on Forest Lake. Mr. Steven Valek, 4720 Tonkaview Lane, addressed the issue of drainage. He said most of the runoff already exists, and that it will continue to run whether there is any development in that area or not. He believed that placing sod in the area would help alleviate some of the drainage. Mr. William Bull, 4690 Tonkaview Lane, said he would be the corner lot on Tonkaview and Garden. His concern involved the need to have a through road all the way to the golf course. Mr. Gary Welsh, 1214"Wildhurst Trail, said that there would be significant discussions involving this subdivision. He believed that storm sewers were a larger issue than sewers. He said that he gets mud and quite a bit of runoff across his lawn already. He observed that in some cases, comprehensive development would not prove as beneficial as piecemeal development. He also mentioned the fact that his wife was denied the request to take information pertaining to this application out of the City offices prior to the Planning Commission meeting. Mr. Mike Kelley, 4735 Tonkaview Lane, questioned what would happen if the determinations made from the hydrology reports were wrong? He further asked how the City was going to deal with the existing problems of the lift station, in any event? He added that he would like to see the covenants or building criteria that were going to be enforced. Chairman Kelley asked why this property could not be developed under the guidelines of a PRD? Zoning Administrato_ Mabusth stated that may be possible and she would further MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE 41348-0. LARRY LEE CONTINUED investigate that possibility with the developer but that it is her understanding that the developer wants to develop the property as a conventional plat. Mr. Bull enlightened the Planning Commission that there was an area near his property that was a favorite party area. He believed that developing the area would put an end to the loitering and partying. Kelley thanked the neighbors for attending the meeting and sharing their concerns. He suggested that a person from the City, as well as a Planning Commission member, attend the meeting of the Developers and the concerned parties. Planning Commission member Brown observed that there was one lot in the proposed development that was under an acre. Kelley noted his observation. Motion, Ayes=7, Nays=O, Motion passed. CITY OF ORONO CRYSTAL BAY ROAD CONDITIONAL USE PERMIT/VARIANCE SECOND REVIEW There were many res+.dents from the Crystal Bay Road neighborhood present for this matter. Chairman Kelley began by reading a letter that had been received from the City of Minnetonka Beach. The letter stated that Minnetonka Beach was opposed to the closing of Crystal Bay Road. Kelley added that this matter was not as much a planning issue as it was merely an application to repair damage to the road. Zoning Administrator Mabusth corrected the statement in the staff memo that guard posts would be installed rather than a guard rail. Mr. Duwayne Schibilla expressed his confusion over where exactly the posts would be placed. City Engineer Cook stated that he did not know exactly where the posts would be installed, it would depend upon where the cave-ins occurred. Gerhardson added that it would be in the areas where blacktop has b,'� washed away. Cook stated that the original intent was Lo preserve Crystal Bay Road so it would not fail any more than it already had. Cook added that there was approximately 60 to 80 posts and they would sit approximately 2' off of the road. Planking would be installed between the road and the bank, and then sand would be filled in. There would be anywhere from 3' to 6' left exposed toward the lake until the property owner restore the bank. The need for posts would only be in severe areas, where there was a considerable slide that took out the bank up to the edge of the blacktop. NINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 CITY OF ORONO/CRYSTAL BAY ROAD CONTINUED Public Works Director Gerhardson explained that the only purpose of the posts is to serve as a notifier that the bank is gone on the other side. Mr. Lo Frano suggested that it may be best for this matter to be tied in with the issue of closing the road. He then questioned whether or not there was any validity to the City of Minnetonka Beach's claim that insurance rates would increase for the residents of Crystal Bay Road due to limited fire access? Kelley explained that he could not and would not address that issue. The only fact to be considered is that Minnetonka Beach had indicated that they wanted the Road to remain open. Ms. Leesa Anderson explained, in her opinion, the way that Minnetonka Beach arrived at the conclusion that Crystal Bay Road should be closed. Ms. Lorraine Moss asked for clarification as to where the Road was proposed to end. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Hanson, to recommend approval of this application. Mr. Tim Schupp asked for clarification of the proposal. City Engineer Cook explained the proposal again. Bellows stated that she was confused as to why the residents had concerns about the City correcting a hazardous situation. She asked what their specific concerns were. Mr. Lee Erger said his concern involved the original proposal to place a guardrail along the edge of the Road. He added that he has had a snow fence in front of his residence for over a year. There was confusion as to how much repair work the City intended to do. Mabusth interjected that the City was just going to repair the roadbed. The repair and resoration of the bank would need to be done by the individual homeowner. Bellows asked if someone could show the residents exactly where the repair would take place? City Engineer Cook stated that would have to be done in the field. Kelley suggested that before this matter went before the City Council that the City Engineer and City staff marked where the repairs would be done. Cohen withdrew his Motion, Hanson withdrew his second. It was moved by Chairman Kelley, seconded by Planning Commission member Cohen, to table this matter until the residents and the City got together and marked the spots where the repair work would be done. Kellev notified the residents that they would need to get a conditional use permit for the fill they would need to restore their banks. Mr. Ritchie Anderson asked if the City could send out another letter indicating their intention. Ms. Leesa Anderson pointed out the fact that sewer problems have been created due to the disrepair of the Road Mr. Schibilla stated that they just had their sewer line routed out and had been told that they were out of alignment with the main line. Motion, Ayes=7, Nays=O, Motion passed. MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1998 i1309 GERALD NELSON 1629 BOHN'S POINT ROAD AFTER-TSR-PACs' CONDITIONAL USE PSRMIT/VARIANCE SECOND REVIEW The applicant was present for this matter. Zoning Administrator Mabusth explained that this matter had been previously review by the Planning Commission. At that time, direction was given to have the City engineer and staff meet on Mr. Nelson's property to determine the best course of action to take. It was determined that allowing the pond with underlining to remain, but the fabric under the landscaping would need to be removed. The path of crushed rock with underlying fabric will also be allowed to remain, as it facilitates drainage and prevents ruther erosion. Mr. Nelson stated that he totally agreed with staff's recommendations. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Bellows, to recommend approval of 11309, per staff's recommendations and conditions. Motion, Ayes-7, Nays=0, Motion passed. i1311 JOHN . SUSAN PURDY 1975 PAGRRNESS POINT ROAD VARIANCE/Rd WMW BACK TO PLANNING COMMISSION BY COUNCIL Mrs. Purdy was present for this matter. Assistant Planning c Zoning Administrator Gaffron explained that the Purdys had revised their application as recommended by the Planning Commission. The addition was now being proposed for the side of the existing house and would not encroach any farther toward the lake. The Purdys currently have a 160 s.f. deck, which does not have any plastic beneath it. They have removed plastic from beneath the rockbeds as a condition of approval of a 1985 application, and have replaced it with permeable fabric. There is still a garage proposal for the future that the Purdys have put on hold. There is an existing shed that is 52 s.f. Chairman Kelley inquired as to whether the Purdys still used the shed. Mrs. Purdy stated that the shed was not needed and they had intended to remove it. She added that they have removed more hardcover than they were asked to do. Chairman Kelley clarified that hardcover in the 0-75' zone was the issue. Gaffron responded in the affirmative and added that the total hardcover would be 22.8% in the 0-75' zone. In the 75-250' zone, hardcover would be 33%. Gaffron stated that the areas underlain with fabric were included in the hardcover calculations. Kelley asked if it would be possible to place the trampoline on grass, as opposed to rock underlain with fabric. Mrs. Purdy stated that grass would not grow in that area. MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE 41311-PURDY CONTINUED Bellows suggested using sand. Cohen added that if grass were used, that area would not be considered in the hardcover calculations. Mrs. Purdy replied that they would remove the fabric if the Planning Commission absolutely required them to do SO. She added that placing the fabric was costly and was done in order to comply with the conditions of approval given by the Council in their 1985 application. Kelley asked how much hardcover was actually being added. Gaffron replied there would he an increase of approximately 40 s.f. in the 0-75' zone. Planning Commission member Johnson stated that the revised proposal was a reasonable alternative and was a fair compromise. It was moved by Planning Commission member Johnson, seconded by Chairman Kelley, to recommend approval of a hardcover variance, subject to staff recommendations. Motion, Ayes=7, Nays=O, Motion passed. i1323 JON W. PAPAS 3369 CRYSTAL BAY ROAD AFTER -TEE PACT VARIANCES SECOND REVIEW The applicant was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that this application involved an after -the -fact request for a deck. A variance for hardcover in the 0-75' zone would be required, along with an average lakeshore setback variance. This matter was previously heard by the Planning Commission, and was tabled pending submittal of a survey, which has since been received. The hardcover in the 0-75' zone prior to the construction of the deck was 20.7%, the deck has increased that amount to 26.3%. Mr. Papas informed the Planning Commission that the deck was three -fourths completed. He did not realize that he needed a permit to construct the deck and stopped work immediately when a stop work order was issued. He said that he had received letters from his neighbors indicating that they had no objections to the deck. Chairman Kelley asked Mr. Papas what he considered his hardships to be? Mr. Papas replied that there was no other place to put the deck, which he felt would add to i livir. I space on his property. Planning Commission member Hanson commen'ed that based upon a previous approval of an application involving retaining walls within the lakeshore yard, he felt approval of Mr. Papas's application would be appropriate. MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE #1323-PAPAS CONTINUED It was moved by Planning Commission member Hanson, seconded by Planning Commission member Bellows, to recommend approval of this application, per staff recommendations. Hanson cited the hardship as being the fact that there was no other reasonable location in which to build the deck. Motion, Ayes=2, Nays=5. Mr. Papas asked what harm a deck would have with regard to runoff. Kelley replied that the comprehensive plan called for preservation of Lake Minnetonka. The best way to do that is to control the quality and quantity of the runoff into the Lake by leaving the ground uncovered so it can absorb as much water as possible. Kelley added that the Planning Commission was just a recommending body for the City Council. The City Council can overturn any recommendation from the Planning Commission. Planning Commission member Bellows asked Mr. Papas if there was any way that the deck could be built off to the side. Gaffron stated that there was approximately 18' from the east side lot line to the house. Mr. Papas stated that there really was no room there. Bellows asked how many feet above grade was the deck? Gaffron replied approximately 1-1/2'. Bellows suggested building the deck without a rail, then only the hardcover variance would be necessary. It was moved by Planning Commission member Cohen, seconded by Planning Commission member Brown, to recommend denial of this application, because of the need to be consistent when dealing with hardcover in the 0-75' zone. Motion, Ayes=5, Hanson and Bellows Nay. Motion passed. 11326 RONALD D. LAUER 200 WAYZATA BOULEVARD CLASS II PRELIMINARY SUBDIVISION CONTINUATION OF PUBLIC HEARING The !affidavit of Publication and Certificate of Mailing were duly nrced. The applicant was present for this matter. Asistant Planning 6 Zoning Administrator Gaffron explained that this application involved the creation of a 2-acre building site from a portion of the Wayzata Country Club property. Chairman Kelley stated that the most important issue with this application was drainage. He asked Gaffron to show where drainage occurred. Kelley then asked where the runoff went once it passed the south lot line. Gaffron stated that some drainage occured to the west and some to the south. Bellows and Cohen disagreed, stating they believed the d-=inage flowed east. Gaffron stated that the drainage running off of the property could be channeled so it would not have a significant effect on the Hauser property. MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE i1326-RONALD LAUER CONTINUED Mr. Leo Hauser explained the current drainage patterns and conditions. He stated that the landscaping for Mr. Lauer's house would increase the runoff from melting. This would push drainage water further into his property and make it very wet and marshy. He is opposed to this happening. Mr. Lauer stated that Mr. Hauser would have problems from his own property because of the slope. Mr. Hauser responded that he had owned the property for 17 1 ars and did not have any significant problems to date. He said that any fill brought in on the Lauer lot, would cause more water to gather on his property. Chairman Kelley asked Mr. Lauer what he proposed to do to prevent a more rapid flow from running off of his property? Mr. Lauer stated that he had no proposal at this time, but did not understand why the land could not be contoured so that the water would flow more to the west, rather than flowing onto the Hauser property. Kelley informed Mr. Lauer that there could be no increase in runoff due to the building of the house or any accessory structures. Mr. Albert C. Greig, stated that he had lived at 137 Chevy Chase Drive since June, 1955, and had watched the entire area, including the gol- course, develop. Mr. Greig explained his understanding of _he drainage in the area. He stated that the contours were changed when the golf course was built. He said tha• the concerns of Mr. Simmons, Mr. Hauser, Mr. Nelson and himself involve the fact that Mr. Lauer's house will be built at an elevation so as to overlook the golf course. This would involve a 24' depth of fill. The addition of the septic mound would bring the fill within 220' of the rear property line. The vegetation currently in that area helps deter runoff to a degree. Once the fill is brought in and the vegetation is removed and the grade increased, there will be an increase in runoff. Planning Commission member Johnson inquired as to whether Mr. Greig had a current runoff problem on his property? Mr. Greig stated that the drainage currently runs across the rear of his property. Kelley agreed with Mr. Greig's concerns. Planning Commission member Cohen asked whether the private access would become a public road. Assistant Planning and Zoning Administrator Gaffron replied that the applicant had not discussed that with the parties that own and maintain that road. Mr. Lauer stated that he would be buying the road from the Wayzata Country Club. Planning Commission mem*er asked Mr. Lauer whether he had a purcha... -greement? Mr. Lauer stated that he did and it was continger upon the approval of his application. It was movad by Chairman Kelley, seconded by Planning Commission member Bellows, to table this application pending further review and more detailed assessment of the problems on 10 MINUTES OF THE PLANNING COMMISSION METING OCTOBER 17, 1988 ZONING PILE 31326-RONALD LAUER CONTINUED the property. With regard to the drainage, an independent hydrologist would need to be hired to provide a plan for drainage control. Kelley also requested grading plans and site plans so that the actual runoff can be determined. The issue of the road would also need to be addressed and Kelley asked that a representative from the Wayzata Country Club be present the next time this matter was before the Planning Commission. MrHauser indicated that she was concerned about the road anc private driveway taking out all of the vegetation that currently acts as a buffer for their property. Cohen added that safety would be a major factor should the road become a public road. Motion, Ayes-7, Nays-0, Motion passed. NOTE: Mr. Greig's information was accepted by staff for use as exhibits for this application. 91329 THONAS MCNELLIS 355 NOODBILL ROAD VARIANCES -SECOND REVIEW The applicant was present for this matter. A brief review of this application was given by Assistant Planning and Zoning Administrator Gaffron. He stated that a front setback variance was required. The applicant has revised his proposal by changing the deck and garage, in addition to moving the location of the house slightly further south. The applicant now requires only a variance for the front setback which will be 37' rather than the required 50'. There will no longer be an encroachment into the wetland setback area, but applicant requests that the City allow cantilevering of the deck into the 26' wetland setback. Chairman Kelley inquired as to the number of houses that could possibly be built to the north of this property. Gaffron stated that there is currently one house, with a pctential for one more. Kelley asked the applicant whether the access road was private or public. Mr. McNellis replied that the road was a private road that served the old Pillsbury home that is now owned by John Prudden. Kelley asked about the remainder of the road that connects with Woodhill. Gaffron stated that Woodhill Road was actually owned by Woodhill Country Club. Kelley asked whether the applicant had any agreement with the owners of the road in case the heavy construction equipment shor.ld damage the road. >:r. McNellis responded that he would be responsible for repairing the road if it was damaged. Planning Commission member Bellows asked how many acres Mr. P-udden owned. Mr. McNellis replied that gad a little or acres. Bellows observed that there could _ 4 he es bui_ that location. Kelley asked how far the building envelope was from the 11 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE 41329-MCNNLLIS CONTINUED travelled road. Mr. McNellis stated it was 73' to the edge of the ^ouse, but there is a 36' strip of land owned by Mr. Prudden between his house and the roadway. Mr. Prudden granted an easement for the purpose of putting in the driveway. Kelley asked Mr. McNellis whether he had asked to purchase that land from Mr. Prudden. Mr. McNellis responded in the affirmative and added that Mr. Prudden was not able to sell the land because he wished to maintain 8 acres. Planning Commission member Johnson comma. -d that he was comfortable with the proposal and looked upan the deck as an overhang rather than an actual structure. Bell_3vs indicated that she would not approve the deck because the applicant knew what the building envelope was at the time they purchased the property. She added that she might be willing to approve the front setback. Hanson concurred. Cohen stated that he was uncomfortable with the entire proposal. He said the area was peculiar from the very beginning. He too thought that the applicant was aware of the problems with the buildability of the lot at the time he purchased the property. Moos concurred with Cohen's opinion. Planning Commission member Brown indicated that due to the unique characteristics of the lot, he would have no problems with the proposal. It was moved by Chairman Kelley, seconded by Planning Commission member Hanson, to recommend approval of the front yard setback, and denial of the 4' encroachment into the wetland. Motion, Ayes-2, Nays=5. It was moved by Planning Commiss)c.n member Johnson, seconded by Planning Commission member Brown, to recommend approval of th4 front yard setback and the 4' encroachment into the wetlands. Motion, Ayes=2, Nays-5. It was moved by Planning Commission member Bellows, seconded by Planning Commission member Moos, to recommend denial of both the front yard setback and the 4' encroachment into the wetlands. Motion, Ayes-4, Kelley, Brown and Johnson, Nay, Motion passed. Mr. McNellis stated that the hardship involved with his application had not been discussed. Kelley explained that the application had been thoroughly reviewed and this r ; the second time this matter had been presented. He felt the Planning Commission was fully aware of the hardships. Mr. McNellis asked for suggestions as to how he could place the house on the property. He said he would hav _ problem with surface runoff if he were -o place the house i. another location within building envelope. Hanson stated that he understood ,iis constraints involved, but thought it would be possible to build within those constraints. Cohen reminded Mr. McNellis about his right to go before the Council ar the fact that the Planning Commission was only an advisory l-:_,dy. Bellows added that the motion was necessary so that Mr. McNellis could proceed to the City Council. She also stated that Mr. McNellis had previously been given the suggestion to redesign the house to fit within the 12 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE 91329-MCNELL.IS CONTINUED building envelope. Mr. McNellis reiterated his belief that the Planning Commission did not understand the environmental hardship involved with his application. He explained that there was a culvert in the Prudden Road that brings water onto his property and further restricts the building envelope. Kelley asked Mr. McNellis whether or rot he was aware of this problem when he bought the lot? Planning Commission member Johnson recommended that Mr. McNellis bring the matter to the City Council. He pointed out the fact that the Planning Commission was split in their recommendations. Kelley told Mr. McNellis to write down his hardships and present them to the City Council. 81330 FULLERTON PROPERTIES, INC. 880 TOWNLINS ROAD CLASS III PRELIMINARY SUBDIVISION SECOND REVIEW Mr. Mark Gronberg, of Coffin a Gronberg, was present as a representative of the applicants. Assistant Planning a Zoning Administrator Gaffron stated that this application was previouslv reviewed at the September 19, 1988 Planning Commission Meet Since that time, soil borings were taken and soil types determined in those areas that were questionable. The application involves a seven lot subdivision along the west side of Townline Road. Gaffron said that he had been on the building sites with the applicants' engineer and they had determined that there was at least one, if not more possible 'l�ailding locations within each lot. The Ramel soils were not as extensive as originally indicated. Staff recommended approval of this application. it was moved by Planning Commissior member Cohen, secondod by Planning Commission member Brown, tj _ecommend approval of this application, subject to staff's recommendations and conditions. Bellows asked what current park fees were. Gaffron explained that the fees w, '.ased upon the lot size. Notion, Ayes=7, Nays-% Motion Passau. i1334 SIDNEY RESERS 715 NORTH BROWN ROAD JONDITIORAL USE PERMIT-YRD CLASS II: PRELIMINARY SUBDIVISION CONTINUATION OF PUBLLC HEARING 9:35 P.M. - 11:15 t'.N. The Affidavit of Publication and Certifia�te o`. Mail were duly noted. Mr. Peter Jarvis, an Associate of BRw, presented th?.: matter on behai,: of Mr. Sid Rebers. Mr. Jarvis bo,an u, addressing the seven recommendations and conditions of app�_ val prepared by the riby staff. He stated that most of the roncat.ons were agreeable 13 14INUTES OF THE PLANNING COMMISSION METING OCTOBER 17, 1988 ZONING FILE #1334-REBERS CONTINUED to Mr. Rebers wi.th a few exceptions. Mr. Jarvis also asked for feedback from the Planning Co_,imission concerning the road. Mr. Jarvis asked for clear direction as to whether the loop road was preferred over the cul-de-sac. All seven Planning Commission member indicated, by an informal vote, that they preferred a loop road. Mr. Jarvis proceeded by reporting that Mr. Rebers agreed with items 1, 2, all easements would be prepared as part of the preparation of the final plat, 3, 4, 5, and most of 6. Chairman Kelley interjected that he wished to add another condition in the subdivider's agreement that would address the preservation of trees. He began by asking the Planning Commission members for their feelings on disallowing any accessory structures on the building pads. This would include second garages, gazebos, tennis courts, swimming pools. Since the major argument in favor of the rezoning was tree preservation, then he wanted to see that the trees were in fact preserved. Plannining Commission member Bellows believed that paragraph "c" under item #6 addressed the topic of tree preservation. Zoning Administrator Mabusth asked why the proposed covenants did not address accessory structures. Chairman Kelley apologized for straying from Mr. Jarvis's explanation of what was acceptable under item #6. Mr. Jarvis continued by saying that "a" was a problem, "b" was acceptable, "c" he recommended a .25 FAR (floor/area ratio) maximum, "d" would be acceptable if the language were modified to say "within the .25 floating zone within the pad area, as opposed to an absolute; "e" a 4' wire mesh -type fence is being proposed that would blend in with the surroundings. Chairman Kelley asked Mr. Jarvis if he had discussed the issue of the fence with those neighbors that were concerned. Mr. Jarvis stated that he had not. Mr. Jarvis addressed paragraph "a". He stated that the Planning Commission was confusing the pad area with the lot area. In looking at the smallest lot, the lot area was 32,000 s.f. The pad area would be 11,000 s.f. This would allow for setbacks on each lot of 50' front and back, and 30' on each side. By using the figures quoted, there would be 21,000 s.f. or just short r! 2/3's of the lot preserved. Within the 11,000 s.f. of pad area, he is requesting that overall limitation for development be a .25 FAR. The FAR normally applied to the entire lot area. If the :t would allow for an 8,000 s.f. structure. That would mean a tootprint of 2,712 s.f. If a garage is added, the ground cover would be 3,528 s.f. All in all, there would be ground cover of 3.528 s.f. out of a total 32,000 s.f. lot, which is slightly above 10% ground cover. Kelley asked for a definition of FAR. Jarvis replied "floor area ration"- Kelley observed that a one story house could actually have ground cover of 8,000 s.f. 14 14INUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING PILE #1334-REBERS CONTINUED Jarvis added that the 8,000 s.f. would still be within the 11,000 s.f. building pad. By allowing this .25 FAR, it would give each home builder flexibility. Planning Commission member Bellows stated that she would favor something similar to an FAR that would limit the buildability of the lot. Jarvis stated that the Rebers proposal already provides far more stringent setbacks than normally required. Mr. Jarvis cited other examples of how the FAR would aid in the preservation of the trees and natural vegetation. He stated that on a 64,000 s.f. lot, the buildable area would be reduced to approximately 17,000 s.f., due to the setbacks, and that would allow for sufficient protection of the trees. Planning Commission member Brown asked for clarification regarding the side setbacks and whether the trees would remain undistrubed in those locations. Jarvis stated that those areas would be the no -grading, no -building, nonencroachment areas. Bellows interjected that there would be no disturbance, except for the driveways. Jarvis confirmed that. Chairman Kelley observed that by disallowing any disturbance within the proposed setback areas a homeowner would not be able to lay sod to the street. Mr. Jarvis disagreed with that interpretation and added that if the Planning Commission wished to include that restriction they should specifically address it. Mr. Jarvis thought that restriction to be excessive. Kelley indicated that allowing sod to the street would contradict Mr. Jarvis's statement that there could be no disturbance of trees within 50' of the street. Zoning Administrator Mabusth stated that the proposed covenants address preservation within the woodlands preserve area. The Planning Commission members read the portion of the covenants that Mabusth referred to. Bellows observed that they did not specifically address the size of trees that were to remain or that could be removed. Planning Commission member Johnson asked what the normal setbacks for a one -acre lot would be. Mabusth replied 35' for the front, 10' for the side and 30' for the rear. Bellows stated that she was not concerned with the setbacks as much as the true preservation of the woodlands. Mr. Pf laum clarified that the covenants pertained to the trail system only and did not attempt address the building lots themselves. Planning Commission member Bellows stated that she was looking for more specific limitations with regard to the building lot. Pflaum reiterated Mr. Jarvis's ideas. Chairman Kelley asked for feedback from each Planning Commission member regarding the size of the building pad/building envelope. Planning Commission member Cohen stated that he interpreted the term "building envelope" to address the house; "building pad" would be a more appropriate term for referring to 15 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE 11334-REBERS CONTINUED the building area. Kelley agreed. Cohen suggested that whatever percentage the Planning Commission felt was appropriate for the building pad, include the accessory structures as well. Cohen added that the building footprint should be predetermined. Kelley stated that he would have a hard time specifying that. The building pad was already pre -established because of the required setbacks for each lot. He did not believe that the home builder should be limited as to where within that pad he would place the house. Kelley did want a perentage defined as to how much of the pad would be buildable. Cohen agreed and added that the percentage should include everything, the driveway, tennis courts, the house and garage. Mr. Jarvis reiterated that the setbacks already allowed for substantial preservation within the lot. He did not feel that allowing a percentage of the building pad would be reasonable, but rather a percentage of the entire lot. Planning Commission member Bellows suggested that the percentage of buildability would need to be approximately 50% to 75% of the building pad if the percentage were based on the pad. Planning Commission member Cohen asked why such a high percentage would be appropriate. Bellows explained that the house size that would be allowed using 50% of the pad, would not be very large. She was afraid that placid such restrictions would encourage smaller, more poorly designed homes. She stated that Mr. Jarvis's recommendation of 25% of the lot would be more appropriate. She suggested that as opposed to the FAR however, that the 25% be looked upon in the same fashicn as hardcover. Bellows said the main question would be whether to allow 25% of the lot or 75% of the pad. Allowing for 75% buildability of the pad would be the most restrictive in terms of tree preservation. Kelley and Cohen concurred that 75% of the pad would be the most effective way to preserve the maximum trees. Planning Commission member Johnson disagreed and stated that 50/50 would be more reasonable and would allow more flexibility for the builders. The next item to be addressed was the issue of the driveway. Mr. Jarvis stated that he c'id not want the driveway to be included within the 75% buildability of the pad. Kelley asked about the proposed provisions for vegetation removal within the designated setback areas. Jarvis said that his intent was that no trees be chopped down, but if a homeowner wished to remove shrubbery or install sod in those areas they could do so. Kelley asked how the 50' front setback should deal with the driveway and sod. Planning Commission member Cohen suggested setting a specific footage limitation on the size of the driveway. Kelley suggested that the 50' front setback be excluded from the restrictions of tree removal. Cohen stated that he was aware of areas in Orono where trees over 1" in diameter were marked and so designated to remain forever. He suggested such a procedure be used in this case. Cohen asked if the driveway could not be included within the 75% buildability of the pad. 16 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1334-REBERS CONTINUED Planning Commission member Bellows suggested a "U" configuration for the building pad that would run all the way to the street. Mr. Jarvis observed that there could be problems with such a plan. He suggested that the Planning Commission "let go" and allow the persons buying the lot the freedom to build on it as they choose. He added that "trust" was necessary in that the Planning Commission would have to trust that persons paying $100,000.00 for wooded lots would not cut down all the trees. Planning Commission member Cohen stated that there are $100,000.00 lots with $400,000.00 houses that had absolutely no trees. There was considerable discussion that followed as to viable alternatives to this problem. The final resolve was that 80% of the building pad could be hardcover, including the driveway. Within the 50' front setback, any tree may be removed for the purpose of installing the driveway. The next issue addressed was fencing. Mr. Jarvis stated that they were proposing a 4' wire mesh fence with wood posts for the northerly boundary. Mr. Platteter presented pictures of the wooded area abutting his property. The purpose of the pictures was to show the Planning Commission that the woods were not very dense. Planning Commission member Hanson asked Mr. Platteter what kind of fencing he would prefer. Mr. Platteter replied that it did not matter, as long as it ,could be a "barrier" and could not be penetrated. Mr. Platteter also expressed his concerns about the traffic increase, but was most disturbed about the possibility of persons trespassing on his property to access the lake. Chairman Kelley asked whether arborvitae staggered with 4'fencing would be acceptable? Mr. Platteter replied that he did not wish to cause any unnecessary financial obligations for Mr. Rebers. Planning Commission member Bellows told Mr. Platteter that it would be impossible to keep children off of his property entirely. Planning Commission member Cohen stated that he sympathized with Mr. Platteter's concerns involving his pool and horses. Chairman Kelley asked Mr. Platteter if he wanted the fence to run the entire length of his lot line? Mr. Platteter confirmed that. Kelley asked whether the Platteter pool was enclosed in any way? Mr. Platteter stated that it was not, it was open.. Mrs. Platteter reminded the Planning Commission that they would have a 6 to 1 concentration of houses along that boundary of their property. That concentration would mean a complete instrusion of their privacy. Bellows and Hanson both commented that such a situation was a consequence of having neighbors. Mrs. Platteter stated that the reason they moved to Orono was because of the large lot sizes. Planning Commission member Johnson expressed his fears of setting a precedent should the subdivision be fenced off from the Platteter property. He did not believe that 25 lots on 32 acres constituted high density housing. Kelley concurred, but added that he would be willing to recommend a fence around a portion of the Platteter property. Hanson stated that he could accept a 4' 17 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1334-REBERS CONTINUED fence, but basically he concurred with Johnson and Kelley. Moos suggested using evergreens, or arborvitae, along the 3 lots for a visual screen. She reiterated Bellows' opinion concerning keeping trespassers out entirely. Bellows stated that it would be up to the Platteters to take proper safety measures pertaining to the pool. She added that she had a stream running through her property and she could not ask the DNR to protect the stream from potential trespassers. Bellows questioned whether vegetation would even grow in that area due to shade. Mr. Jarvis stated that there would be 100' separating the Platteter property from the nearest building pad in the proposed subdivision. Johnson suggested striking item "e" from the staff's recommendations. The other Planning Commission members concurred. The next item addressed was woodland preservation/no-grading areas. Bellows asked Jarvis what the specific covenants were that pertained to those areas. Jarvis stated that he wanted to limit any tree removal within the wooded area of the lots, as well as the outlots. Kelley asked if the preservation standards would apply to brush. Jarvis stated that the covenants would not discourage brush removal for the purpose of tidiness. Kelley suggested limiting tree removal to trees under 2" within the entire lot, except in the area where driveways would be located. Hanson indicated that he wanted the homeowner to have the freedom to do whatever they desire in the front of the lot. After considerable discussion, the Planning Commission, as a whole, agreed that trees 2" and above must remain on all sides of the lot, except in the location where a driveway would be placed. The brush can be removed. Steve Pflaum questioned whether dead or diseased trees could be removed? Kelley stated that they could, but he would not address the issue of who would determine whether a tree was diseased or not. It was determined that Item "d" should read "limit grading activities to a specific level and require City approval if it is to be exceeded." Mr. Jarvis said if that condition would relate back to the 80% of the pad area he would not object. Planning Commission member Cohen wanted to address the issue of the access. Planning Commission member Hanson concurred. Cohen did not believe that the current proposal was safe. Mr. Kost stated that the access was moved to its proposed location because staff had indicated that was where they wanted it. Mr. Jarvis interjected that the access was a non -issue, in that they would place it wherever the City desired. Planning Commission member Bellows stated that she disagreed with the City Engineer and preferred the access to be at the crest of the hill. Hanson concurred. Cohen stated that he too agreed because traffic would indeed increase considerably. Chairman Kelley wanted assurance that all Planning Commission members understood the proposal concerning the W MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE /1334-RBBERS CONTINUED southerly portion of the property by the Little Oak Store. Planning Commission member Brown indicated that the outlot was created for the purpose of a road. Mr. Jarvis stated "that it was unfair that Mr. Wear was not contributing" to the necessary right-of-way. Should Mr. Wear decide to re -develop his property prior to the road being developed, Mr. Wear should contribute to the right-of-way. Mr. Wear was present and stated that the only consideration given to him throughout the entire development process was the fact that he was not donating his land for the right-of-way. Ms. Maggie Roderick, Dickey Lake Drive, stated she was opposed to the looped road ever connecting to Pine Ridge Lane. She said that she was also concerned about the sewer access. She wanted assurance that it was not going to run across any 2-acre property. Zoning Administrator Mabusth said that at this time, there were no definite plans regarding the sewer connection. She said that she had seen some preliminary engineering plans and the sewer line was proposed at the south lot line of 2-acre lots on the south side of Pine Ridge Lane. Mr. Steve Pflaum stated that he had seen the preliminary engineering report. The sewer line, if it were to be built by Orono, may come from Long Lake. Another possibility would be to have the line serve the commercial area only. He mentioned the Long Lake/Orono/Medina 3- party power agreement interceptor that comes up Willow Drive to Highway 12. The concept is to "spur" it at that point, take it 100' north so it could service commercial on either side. This proposal was only included in a feasibility study. Mr. Pflaum added that the sewer line cannot go into properties not located within the M.U.S.A. district. Ms. Roderick stated that she lived on the corner of Willow and Dickey Lake Drive. Should a sewer line come down Willow Drive, would she be assessed? Zoning Administrator Mabusth stated that the only persons assessed for sewer were those who benefitted from the sewer. Ms. Roderick asked what would happen should the City decide at some future time that she had to have sewer? Mabusth stated that would be very unlikely because of the established M.U.S.A. line. Bellows interjected that the M.U.S.A. line could change. Mabusth said that the City would have to amend the Comprehensive Plan and ask for a realignment of the M.U.S.A. line. Ms. Roderick commented that she had moved to Orono because of the 2-acre minimum lot sizes. The Planning Commission has now allowed 1-acre lot sizes. She did however, commend Mr. Rebers on his proposal. Mr. Wear stated that he already had sewer hooked up to his property. He wondered whether he would be assessed for the sewer lines for the Rebers project. Kelley stated that he did not know 19 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1334-RBBBRS CONTINUED the answer to that question and advised Mr. Wear to call the Mayor. Mr. Wear stated that it was time the City determined that issue. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commission member Bellows, to recommend approval of #1334, subject to items #1, 2, 3, 4 and 5, as set forth in staff's recommend_,tions and conditions, and to the additional items as follows: 1. That the access to the subdivision be moved to the crest of the hill on Brown Road. 2. The building pad will be defined by the 50' front and rear setbacks and 3C' side setbacks. 80% of the building pad can be hardcover. The 80% hardcover figure includes the driveway which will be outside the building pad. Within the 30' and 50' setbacks, there will be a limit placed on the removal of trees with diameter of 2" or greater, with the exception of the driveway area, where any size tree may be removed. 3. The Planning Commission did not recommend a fence for the north side of the property because of the precedent that would be set with other subdivision reviews. Motion, Ayes=7, Nays=O, Motion passed. NOTE: At this point of the meeting Planning Commission members Bellows and Cohen departed. #1344 ROGER RODER 1099 WILLOW DRIVE SOUTH VARIANCE PUBLIC HEARING The applicant was not present and this matter was tabled for a future date. #1345 JOHN THBOBALD 4017 NORTH SHORE DRIVE VARIANCE PUBLIC HEARING 11:20 P.M. - 11:30 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the applicant is now proposing to attach a new 30' x 32' garage to the existing 16' x 22' garage. This would make MINUTES OF THE PLANNING COMMISSION NESTING OCTOBER 17, 1988 ZONING FILE #1345-THEOBALD CONTINUED the structure 1323 s.f. The applicant is proposing to revert a portion of blacktop back to grass. There would be a hardcover reduction from 30.3% to 25.5% in the 75-250' zone. Chairman Kelley, upon verification of the 0.6 acre lot size by Gaffron, stated that he would have a hard time approving such a large structure on such a small lot. Other Planning Commission members concurred. Planning Commission member Johnson agreed in part, but preferred to see the new structure over the existing garage. Planning Commission member Moos concurred with Johnson. Mr. Theobald asked if he would still be required to remove blacktop if he built the addition on top of the existing garage. Planning Commission member Brown asked if that would allow the hardcover to remain the same. Mr. Theobald explained that hardcover would increase. Brown asked how there could be an increase in hardcover if the addition was built over the existing structure. Kelley expressed his confusion as to how the hardcover calculations decreased from 30.3% to 25% by moving the garage back and making it larger. Brzwn ans::c_e�4 that it was due to the amount of driveway he was proposing to remove. Brown asked Mr. Theobald why he could not do the garage as he wanted and take out enough hardcover so there would be no increase. Mr. Theobald stated that he could do that if he kept the garage where it is. He added that he was at 33.5% hardcover before he even started. Brown preferred to keep the garage below 1,000 s.f. and either reduce the hardcover or keep it at its current level. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commission member Johnson, to keep the hardcover at or below its current level of 30.3% and keep the accessory structure to less than 1,000 s.f. Mr. Theobald asked if he could maintain the old structure until the new structure was built? Kelley advised him that would be acceptable. Motion, Ayes=5, Nays=O, Motion passed. #1346 EINAR HAGBERG 740 NORTH ARM DRIVE VARIANCE PUBLIC HEARING 11:30 P.M. - 11:34 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Einar Hagberg was present for this matter. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that Mr. Hagberg was seeking a hardcover va-iance to build a detached storage garage. The current level of hardcover in the 0-75' zone is 18.6% and would not increass. However, hardcover within the 75-250' and 250-500' zones would 21 MINUTES OF THE PLANNING COMMISSION METING OCTOBER 17, 1988 ZONING FILE #1346-HAGBERG CONTINUED increase. Chairman Kelley commented that he would not object to the hardcover increasing in the 250-500' zone, but he did not agree with the proposed increase for the 75-250' zone. Kelley asked if there would be any hardcover Mr. Hagberg could remove to keep the hardcover the same? Gaffron replied that there was plastic underlying some rockbeds that Mr. Hagberg could remove. Kelley asked about the road to the back of Mr. Hagberg's property. Mr. Hagberg explained that it was a City access for the sewer lines. Kelley asked what the hardcover in the 75-250' would be if the road was removed from the calculations. Gaffron replied that the road was 900 s.f. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Moos, to recommend approval of #1346, the hardship being the City access road. Motion, Ayes=5, Nays=O, Motion passed. #1347 MICHAEL HALI.EY HOMES, INC. 2715 PENCE LANE VARIANCE PUBLIC HEARING 11:35 P.M. - 11:55 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Robert Martinson was present as a representative of Michael Halley Homes, Inc., and Mr. and Mrs. Dean Terry, the property owners were also present. Assistant Planning and Zoning Administrator Gaffron explained that the applicants were proposing to construct a gateway system at the entrance of the driveway serving 2710 and 2715 Pence Lane, about 150' in from Kelley Avenue. The existing wooden planters will be removed. Planning Commission member Brown asked why this structure needed variance approval. Kelley replied that the 4' height did not conform to the 3-1/2' maximum set forth in the ordinance. Gaffron reminded the Planning Commission that if the structure were placed 30' back from the property line and at least 10' from the side property line, a setback variance would not be necessary. Gaffron pointed out the fact that the proposed structure would encroach on a 10' drainage and utility easement. If this application is approved, the City will require a Hold Harmless Agreement so that the City or any other utility company can make repairs to their utility lines and not be held responsible for any damage that might be done to the wall. Gaffron expressed the concerns of the neighboring property 22 MINUTES OF THE PLANNING COMMISSION METING OCTOBER 17, 1588 ZONING FILE #1347-MICHAEL HALLEY HOMES CONTINUED owner, Dailey. His driveway has been and would continue to be used for a turnaround for persons attempting to drive to 2710 and 2715 Pence Lane and encountered "Private Road" signs at the existing entrance. Kelley observed that such a problem would exist with or without the security gate. Planning Commission member Moos asked whether there was a "No Trespassing -Private Property" sign on the corner of Kelley and Pence Lane. The applicant stated that there was a sign but it was not at that location. Mr. Martinson said that such a sign could be placed at that intersection. Mr. Steve Bakke, 2765 Pheasant Road, stated that the private road was previously used by his family for pedestrian traffic to ccess Kelley Avenue. Mr. Bakke wondered whether the gates would :strict such a use. Mr. Bakke stated that part of the driveway is built on an easement for his property. He wanted to know the intent of the builder as to freedom of movement. Mrs. Terry stated that the cars were their concern, not the children walking through the property. Mr. Martinson informed Mr. Bakke that a survey had been done and the driveway does appear to "meander" over the easement. Kelley asked what the hardships for the variance were. Mr. Martinson stated that security was the major hardship. Moos inquired as to the number of cars that trespass per day. Mr. Jerome Skifter stated that there is constant traffic, especially since Michael Halley had begun construction. Mr. Skifter did not think the gates were an effective method of dealing with the problem. To the contrary, it would cause more of a problem for himself and the Daileys. He said that the gates would b-- an enticement for the public, rather than a limiting factor. Kelley asked if there would be lights on the top of each monument. Mr. Martinson said that there is a light adjacent to the structure. Kelley asked whether the entryway was presently lit? Mr. Skifter said there are currently lights down the driveway. Mr. Skifter added that his kitchen window looked out directly at the proposed monuments. He was also concerned about the removal of trees. Mr. Martinson said that it was his intention to retain the trees and natural buffer on the property line, which he estimated to be 5' to 10' in depth. Ms. Debbie Rice, Kelley Avenue, commented that the Parade of Homes caused a dramatic increase in traffic. She reiterated Mr. Bakke's concern about the children using the private road to get to Pheasant. Mr. Frank Dailey sympathized with the Terry's desire for privacy. However, he believed that the entrance gate should be placed farther down and that a turnaround be provided. Otherwise, he would have more people using his driveway for a turnaround. Mr. Terry said he wanted to eliminate the traffic and 23 MINUTES OF THE PLANNING COMMISSION METING OCTOBER 17, 1988 ZONINGG FILE #1347-MICHAEL HALLS ► HOMES CONTINUED vandalism that had been occurring on hLs property. He agreed that there had been an increase in traffic since construction of the Michael Halley home began. He said that they were planning on putting up a security gate anyway. Kelley asked whether the gates were mechanical? Mr. Martinson stated that they would be electronic. Kelley asked how the fire department would get through in case of fire. Mr. Martinson replied that the gates would be code and/or key activated, besides being activated from the house. The access code would be given to appropriate entities that would require entrance. Kelley informed Zoning Administrator Mabusth that the issue of emergency vehicle access should be addressed with all applications for mechanical/electric gates. Brown asked for clarification about a proposed turnaround. Mr. Terry said that right outside the monuments they were proposing to broaden the area to provide a turnaround. Kelley asked whether the Terrys would be willing to move the gates back far enough so that a side yard setback would not be required? Mr. Martinson said that was feasible. Hanson asked if it would have any impact on the neighboring properties. Gaffron pointed out that if the gate was moved further away and the 10' and 30' setbacks were maintained, a variance would not be required. The gate/wall would become an accessory structure and as long as it meets the accessory structure setbacks, it could conceivably be as high as the house. Mr. Martinson stated that he would like the Planning Commission to make a recommendation and asked for direction with regard to the turnaround. Kelley said it was possible that the variance application could be entirely withdrawn. Mr. Martinson said that it would in the best interest of the Terry's and Mr. Skifter if the gates remained in the location they were now proposinq. Johnson asked how far from the property line the wall would be? Mr. Martinson replied it could be approximately 20' from the front property line and that the 10' side setback requirement could be met. He added that there should be plenty of room to back up and turn around. In addition they would put a sign on the corner of Kelley and Pence. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Planning Commission member Johnson, seconded by Planning Commission member Hanson, to recommend approval of this application for a height variance and front setback variance, provided that the applicant brings a revised plan showing the turnaround and safety access issues to the City Council Meeting. Kelley asked about delivery boxes being put in the gate. Mr. Martinson said that they had already considered that in their plan. Motion, Ayes=3, Kelley and Moos Nay, Motion 24 MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 17, 1988 ZONING FILE #1347-MICHAEL HALLEY HOMES CONTINUED passed. APPROVAL OF MINUTES It was moved by Kelley, seconded by Johnson, I.o approve the minutes of the September 19, 1988 and October 3, 1988 Planning Commission Meetings. Motion, Ayes=5, Nays=O, Motion passed. ADJOURNMENT 12:05 A.M. The Planning Commission meeting adjourned at 12:05 A.M. 25 19 G 7�e vP0(.. is :�..`:y; ''::::r;��.';►�_,!� ``�� �sBx� (/c�•t�GC �eiCQ•C�� �I WESTONKA AREA CHAMBER OF COMME EI ljl��j BEAUTIFICATION COMMITTEE �� 2 MINUTES OF 10-26-88 MEETINCZ.` Members present: Chic Remien, Gene Shavlik, John Gehardson, Jim Fackler, Carol Pitsch, Lisa Johnson, Dr. Harold Pellett, Suzi Pauli, Dorothy Stannard Topics discussed: 1. Chic indicated she will be doing something to express appreciation to the Hennepin County people for their cooperation through out the construction. 2. Next we took a bus ride starting at the Navarre end so we could all discuss key issues through -out the project. Here are some of the comments that were made. Corner of 15 & 19 This is considered a hub and the entrance to the new construction so it should be given special attention. Each business on the 4 corners should be contacted to find out what their plans are and to indicate to them what our plans are. Dr Pellett indicated that it would be difficult to plant trees in planters on the North side because they probably would not live. Flowers, etc. would be better. Possibly we could plant trees on the South side along the shopping center if their was enough room. (See trees section later in minutes) Launch Site in Spring Park can be improved on. (See trees section later in minutes) Intersection by the Minnetonka Mist This is considered Spring Parks hub and special consideration should be given to this corner. Stop lights by the Spur gas station is considered a focal point. Screening Certain property needs to be screened or cleaned up. Here are examples but the list is not all inclusive. 1. Zucarros garbage truck business. 2. Trucks that sell roses. 3. Auto repair facility in Navarre. 4. Auto sales business in Spring Park. 5. The parking lot in the old Tonka building in Spring Park where the WESTONKA AREA CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE MINUTES OF 11-2-88 MEETING ►� NOV - 7 Vl Members present: Chic Remien, Gene Shavlik, Jim Fackler, Lisa Johnson, Dr. Harold Pellett, Dorothy Stannard, Janell Hunt, Phyllis Johnson, Not present: James Ventura, Carol Pitsch, Suzi Pauly, John Gehardson Topics discussed: 1. Chic indicated the size of our committee was as large as we need it and she would poll all the members to be sure they can take the time required to be active participants and we would not increase the size unless we had someone with skills that we could utilize on a sub -committee. 2. We discussed the pros and cons of having a designer with no affiliation to a nursery or one with an affiliation do the plan. No real conclusion was reached so we will get bids from both as long as they are qualified. We will indicate in the bid proposal that we would consider purchasing materials from them but there would be no guarantees. It was decided that we need to form a sub -committee to issue a request for bids and have them select a developer for the plan. Gene Shavlik volunteered to draft an initial draft of a bid proposal and send it to each member of the sub -committee. It was agreed that the general membership would accept who -ever the sub -committee selects but anyone who wants to be involved can be on the sub -committee or can voice their opinions. Sub -committee members Chic Remien Lisa Johnson Gene Shavlik Dr. Harrold Pellett 3. We talked about the importance of keeping all of the city officials informed about our efforts and what we were trying to accomplish. It was decided to form a sub -committee to keep each of the three town officials informed. Sub -committee Jane.11 Hunt - Available to answer questions concerning funding through grants, etc. Gene Shavlik - Spring Park Mushroom business is. 6. The parking lot on the North side of the Balboa building in Mound. 7. All brick or concrete walls near the road need Vines, etc. growing on them to soften them up a bit. It was noted that the Toro building in Mound was a good example of what can be done. All of this is private but maybe it's possible there is grant money available in this area. Old Smith Building in Mound Here is an example of too much hard surface. Post Office in Mound Chic indicated they will be doing something and should be contacted. Trees planted on North side in Mound Everyone agreed they were well done. We should consider a similar type of planting in all the areas where trees are a possibility and need a planter box such as in all of the shopping centers and the launch site in Spring Park. We should contact all of the shopping center groups to find out their plans. Other comments worth noting. The bench in Mound near the Chamber office is a good example of a bench we can consider. The retaining walls could have some sort of vine, moss rose, or schrub. A schrub that could be condidered near roads is a die back type of schrub that is cut back each year to the ground. Would this survive the salt problem? 3. Next meeting is Wed. Nov. 2 at 12:00 at the Mist. Jim Fackler - Mound John Gehardson or Lisa Johnson - Navarre (will be determined at next meeting) Dr Harold Pellett - available for assistance 4. The next sub-committas we to research the names of we would be dealing with. Sub -committee members Dorothy Stannard Phyllis Johnson felt was necessary was one all the property owners 5. The next meeting will be determined. WESTONKA AREA CHAMBER OF COMMERCE BEAUTIFICATION COMMITTEE MEMBERSHIP ROSTER Chairperson Chic Remien Janell Hunt Westonka Area Chamber 6000 Beachwood 5600 Lynwood Boulevard Mound, Mn. 55364 Mound, Mn 55364 H-472-3259 472-6780 tit-472-0346 Secretary Gene Shavlik Phyllis Johnson Spring Park city rep. 3140 Priest Ln 4608 West Arm Rd Mound, Mn 55364 Spring Park, Mn 55384 472-2196 W - 473-8300 Participants James Ventura Johnson, Wood, Phleger 2305 Commerce Blvd Mound, Mn 55364 472-1060 Dorothy Stannard Carol Pitsch Spring Park chamber rep. West Tonka Interiors Minnetonka Mist 3418 Shoreline Dr 4050 Shoreline Dr. Navarre, Mn 55392 Spring Park, Mn. 55384 471-8446 W - 471-8471 Jim Fackler Lisa Johnson Mound Supt. of Parks Merrill Lynch Realty City of Mound 3701 Shoreline Dr 5341 Maywood Road Wayzata, Mn 55391 Mound, Mn. 55364 476-0400 W - 472-1155 John Gehardson Dr Harold Pellett Orono Publics Works Mn Landscape Arboretum City of Orono PO box 39 1335 Brown Rd. So. Chanhassen, Mn 55317 P.O. Box 66 443-2460 Crystal Bay, Mn. 55323 W - 473-7359 Cti�\;9- ? tt VJ ��, &e/ REQUEST FOR BIDS The Westonka Area Chamber of Commerce has formed a committee comprised of citizens and concerned individuals to complete and then implement a coordinated plan of beautification for the newly completed portion of county road 15 which includes the towns of Navarre, Spring Park, and Mound. It is expected that each of the town official.-- will endorse the concept and provide necessary funding, —thin reason, to complete a formal plan. In order to proeeed, we need a proposal to present to each city that should include the following items as a minimum: Oualifications 1. What experience your company has in developing plans for cities, counties, roadways, etc. as it relates to knowledge of laws, ordinances, right of ways, etc. 2. Who specifically would work on our project and what are their qualifications. Time requirements 1. We need your bid within 10 days of receipt of this request. 2. We would like a completed draft of the beautification plan no later than January 15, 1989. What is to be included in the plan The plan should include private as well as public property. The following are suggestions but are not intended to be all inclusive. 1. Where should we have planters and what type. 2. Where should plantings be made and what is a suggested type. 3. Where should there be screening and what type. 4. What special effects can be done in the areas considered to be "hubs" for each town. 5. What signs can be placed identifying the boundries of each town. 6. Can anything special be done with the light poles. 7. Where can we place benches and what type. 8. Where can we plant trees. Purchasing materials If your firm also sells materials, we would like to know the pricing structure and whether any of the cost could be refunded through purchasing the materials. We cannot guarantee, however, where the materials will be acquired. Help to be provided Because this is a volunteer project, we have a number of people with varied backgrounds that are willing to help wherever and whenever needed. We will provide whatever assistance is needed to keep the costs reasonable. In developing the plan, we would expect to work together until we develop a final plan that the committee and town officials will all endorse. The implementation phase will be handled as a separate issue. Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 474.5539 U C�6� 0NJC RN Date: November 7, 1988 To; LMCCC Full Commission - all members From: Holly Hansen Re: Upcoming Meeting/Ordinance Amendment The quarterly full commission meeting of the LMCCC will take place at the Excelsior City Council Chambers on Tuesday, November 15th at 5:00 p.m. It is extremely important that we have a quorum for this meeting in order to amend our Cable Television Ordinance to reflect Dowden's sale to Triax. Our Joint Powers Agreement requires a quorum of "not less than d"0 directors of the Commission representing not less than ten (IO)membersrr in order to amend our franchise. We did not have a quorum present at our full Commission meeting in August to vote on the franchise amendment and this is a business item that absolutely should be taken care of at our November meeting. If you will be unable to attend the LMCCC meeting and will not be representing your city, you should contact your alternate and have that person attend in your place. If you do not know who your alternate is, please contact me or your city hall. The other important business item on the Agenda is to elect a person to fill our vacancy on the Executive Committee, and to elect a Treasurer. These vacancies were created when our past Treasurer, Jerry Roehl, moved out of town this fall. Enclosed for your review prior to the Meeting are the proposal amendments to the Ordinance, the October minutes, and the Third Quarter Report. Please call me if you have any questions on these items. If you are unable to attend the LMCCC meeting on November 15th, please contact me as soon as possible and no later than 5:00 p.m. on Monday, November 14th. It is important for me to know prior to the meeting if we will have the quorum necessary to conduct the business listed on the Agenda. If you are unable to attend the meeting, or will be late, your phone call is greatly appreciated. I do hope to see as many of you as possible and again if you have any questions please feel free to call me at 474-5539 during business hours. HH/mb Enclosure A n r m n A LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION Tuesday, November 15, 1988 5:00 P.M. Excelsior Council Chambers 339 Third Street Excelsior, MN 55331 I. CALL TO ORDER II. APPROVAL OF MINUTES 111. REPORTS (A) Officers (B) Administrator (C) Triax (D) Legal Counsel IV. ORDINANCE AMENDMENT V. ELECTIONS (A) Executive Committee Vacancy (B) Treasurer V1. UNFINISHED BUSINESS VII. NEW BUSINESS VIII. ADJOURN MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE 5:00 EXCELSIOR STUDIO TUESDAY, OCTOBER 18, 1988 I. CALL TO ORDER Vice Chairman Anderson called the October 18, 1988 meeting to order at 5:07 p.m. ROLL CALL Directors Present Others Present Lesley Hughes -Seamans Holly Hansen Jim Olds Shelly Quaas Barb Brancel Mary Smith Tom Anderson II. APPROVAL OF MINUTEhj MOTION 10.18.88.11 Brancel moved, seconded by Hughes -Seamans, to approve the September 20, 1988 minutes as written. Motion carried unanimously. A. TRcASURER* MOTION • JUST CLAIMS: Olds moved, seconded by Brancel, to approve Just Claims as written on Appendix A. Motion carried unanimously. MOTION 10.18.88.3: Brancel moved, seconded by Olds, to approve the 3rd Quarter Budget Report as written on Appendix B. Motion carried unanimously. B. ADMINISTRATIVE Administrator Hansen reported that access has been very active in October. The Open house went very well. Special classes have also been offered at the studio during October, including classes on lighting and performing for camera. These events and classes are part of a special promotion of the studio during October, Community Television Month. Hansen also handed out a report on the NATOA conference, she attended September 23rd - 28th. Administrator Hansen informed the Commission that she has a 3/4 inch VCR for sale. Hansen feels the VCR would be beneficial to the Studio as it is a more professional format and would make it easier to acquire programming on such things as public safety, fire and police information. The cost is $350.00 plus $125.00 for repairs, for a total investment of $475.00. MOTION 10.18.88.4: Olds moved, seconded by Hughes -Seamans, to authorize the purchase of the 3/4 inch VCR for $350.00 and $125.00 for repairs. Motion carried unanimously. Hansen informed the Commission that a new person needs to be elected to fill the vacancy on the Executive Committee in November. Another important item for the November meeting is the Admendment of the Ordinance for the Transfer of Ownership, it is essential to have a quorum in order to conduct this business. LMCCC MINUTES October 18, 1988 Page 2 Administrator Hansen reported to the Commission that she has not received a copy of the financial statement from January 1- May 31, 1988 the Monthly Sales Summary report from January 1- May 31, 1988 and Management Reports from Dowden which she requested for the Financial Review. She did receive a phone call from Dowden stating that she should come to their Atlanta office and pick the materials up. Mary Smith stated that she has summary reports, they are state wide and the revenues are not separated. Smith also has the management reports but they are not broken down by communities. Hansen questioned Smith on the premium discount, why did it increase at such a high percentage. Smith stated that this increase was high because of prior rate card changes that were corporate wide and low installation costs to the subscribers. Smith will supply Hansen with some of the materials we need for the Financial Review, but does not have access to Dowden's Financial Statements for the requested time period. C. TRIAX Mary Smith handed out her monthly report: Connects: 167, Disconnects: 87 for a net gain of 80. Total ending subscribers for LMCCC is 4,915. Construction in Hamel has not begun due to trunk cable and feeder line being on backorder. The Hamel project will more than likely be delayed until spring; if this is the case, Hamel will be first on schedule in spring. IV. ADJOURNMENT MOTION 10.18.88.5: Olds moved, seconded by Hughes -Seamans, to adjourn the October 18, 1988 at 5:40 p.m. Motion carried unanimously. RESPECTFULLY SUBMITTED, Shelly Quaas APPENDIX A LMCCC JUST CLAIMS 9/21/88 - 10/18/88 CHECK N DATE PAYABLE AMOUNT ACCOUNT 10111 9/30 Holly Hansen $ 737.34 Payroll 10112 9/30 Monique Basart 163.56 Payroll 10113 9/30 William Strohm 258.94 Payroll 1751 9/30 P.E.R.A. 85.94 P.E.R.A. 1752 9/30 Petty Cash 96.84 Various 1753 9/30 U.S. West Communications 58.44 Telephone 10114 10/15 Holly Hansen 728.34 Payroll 10115 10/15 Monique Basart 157.15 Payroll 10116 10/15 William Strohm 221.13 Payroll 1754 10/15 P.E.R.A. 85.94 P.E.R.A. 1755 10/15 P.E.R.A. 9.00 P.E.R.A. Life 1756 10/15 Bank Excelsior 656.98 941 Taxes 1757 10/15 Commissioner of Revenue 128.66 MN Payroll Taxes 1758 VOID - 1759 10/15 MACTA 140.00 Conferences 1760 10/15 NFLCP 45.00 Conferences 1761 10/18 U.S. Postmaster 25.00 Postage 1762 10/18 Shelly Quaas 60.00 Sert'l. Svcs. 1763 10/18 Polly Hansen 51.52 Conferences 1764 10/18 Paychex 27.80 Sect']. Svcs. 1765 10/18 Gross Office Supply 118.19 Office Supplies 1766 10/18 O'Connor E Hannan 457.05 Tfr: 435.80 Legal: 21.25 1767 10/18 Monique Basart 2.56 Mileage 1768 10/18 Holly Hansen 38.60 Mileage 1769 10/18 William Strohm 6.93 Mileage TOTAL $ 4,360.91 BANK EXCELSIOR Beginning Balance $36,747.95 4 Claims ( 4,360.91) i-d �- Check order g ( 54.19)�� V Service charges ( 29.20) Interest 175.38 f ENDING BALANCE $32,479.03 L ►' t STATE CAPITOL CREDIT UNION Balance $ ,43 .5 C.D.'s $ 7,000.00 @ 7.5% due 1/10/89 26,000.00 @ 8.5% due 4/10/89 Appendix B LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION THIRD QUARTER REPORT SEPTEMBER 30, 1988 DESCRIPTION Cable Administrator Access Employees Secretarial Services Payroll Taxes Employees Mileage Medical Insurance Legal Fees Insurance and Bonds Financial Audit Financial Review Dowden Conferences and Schools Office Supplies Dues and Subscriptions Telephone Postage Miscellaneous TOTAL THIRD EIUDGET QUARTER V 5,000. $18,750 3,000 5,237 1,000 809 3,80o 2,2`8 600 325 1,000 1,008 2,000 575 4,200 2,712 2,000 2,116 1,700 4,500 3,362 1,500 1,061 650 878 625 6o8 400 458 200 130 !W ,175 $40,287 AMOUNT REMAINING $6,250 2,763 191 1,542 275 1 ,425 1,488 ( 116) 1,700 1,138 439 ( 228) 17 ( 58) 70 $16,888 PROPOSED AMENDMENTS OF THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMI- ION 1. ARTICLE I, Section 2(H) is amended as follows: H. "Grantee" is Triax Midwest Associates, L.P., 0tween Eable-Partners=-B-P-T its agents and employees. 2. ARTICLE 1, Section 2(0) is amended as follows: 0. "Offering of Grantee" or "Offering" means that certain document dated July 7, 1983, entitled "Application for Cable Television Franchise" and signed by Grantee's predecessor, as amended from time to time by mutual written agreement between Crantee and City or its delegatee, and that certain document entitled "Dowden Communications, Inc. Response to Questions on the Lake Minnetonka Proposal", and related documents and written information and documentation or response to the "Pequest For Information" as part of the transfer of the Franchise to Grantee's predecessor, and related documents and written information and documentation or response to the "Request for Information" as part of the transfer of the Franchise to Grantee, which documents are on file with the City Clerk. 3. ARTICLE II, Section 8 is amended as follows: All notices, reports or demands that are required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer or Grantee or Commission's Administrator of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: 7f to commission: Thomas D. Creighton O'Connor & Hannan 3800 IDS Center 80 South Eighth Street Minneapolis, MN 55402-2254 stern;-bevine7-Sehwart27 bifsen7-ereighton-S-Bnnin7-PTAT If to grantee: Triax Cablevision 2381 Wilshire Blvd. Mound, MN 55364 ATTN: System Manager Bow-Sat-ef-Minneseta7-fne- 4853-Shereline-Blvd- With a copy to: Triax Midwest Associates, L.P. 100 E. Fillmore, Suite 600 Denver, CO 80206 Bowden-eemmunieetiene7-fne- 9ne-Piedmont-eenter7-Snite-228 3565-Piedmont-Reed7-NH Rt1Qntn7-GA--3A30S Such addresses may be changed by either party upon notice to the other party given as provided in this section. Passed and adopted this day of _ , 1988. ATTEST: LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION By By Secretary Chair -2- This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. By Its Date: TRIAX MIDWEST ASSOCIATES, L.P. By Its Date: -3- Conference Report NATOA - Miami, FL September 25 - 28 1988 Submitted by Holly Hansen The NATOA (National Association of Telecommunications Officers and Advisors) Conference is primarily targeted at getting information out to regulators of cable companies (cities). The majority of attendees at NATOA are city representatives, including cable administrators, and city council and cable commission members. The major issues discussed at this year's NATOA Conference were National Cable Policy and what areas the NLC (National League of Cities) should be lobbying Congress for in taking a second look at sections of the Cable Act of 1984 and the possibility of telcos (telephone companies) entering the cable market. This year's NATOA Conference was attended by several representatives from both cable and telephone companies.in addition to the usual audience of city representatives. Telephone company entry into the cable business is still at a philosophical stage for the most part, except in some rural areas where local phone companies have been granted permission to provide video services. Congress ultimately holds the power in deciding if telcos will be allowed to enter the video services market. Points to keep in mind in this "battle" between the telcos and cable companies include: 1. Cable is basically a monopoly and regulators should be concerned with such issues as cross -ownership, vertical integration, and concentration of ownership. The public may be well served in the short term by a second company offering better rates (this also includes cable company over -builds), but probably only one company would remain in business in this type of situation. 2. If telcos are allowed entry into the cable market, they should be subject to the same requirements and restrictions that apply to cable operators. In the case of telcos would this mean that they would be regulated at a state or federal level and that cities would lose local regulatory powers? This question stands unanswered at this point in time. 3. With the advent of HDTV and the compatability of fiber optics to carry the wider band width required by any of the HDTV systems being considered, where does this put cable companies and coaxial cable? It could possibly take the phone companies up to 50 years to completely replace their copper wire with fiber, and as prices of fiber and copper are expected to cross- over somewhere between 1991-1994, this should make fiber attractive to cable companies as well as the phone companies. Current NLC Cable Policy supports the entry of telcos into cable, but says they must be subject to the same rules and regulations as cable operators. NLC Policy also is calling for the federal government to limit cross -ownership of cable systems by other media interests and to establish limitations on multiple ownership of cable systems in order to prevent concentration of ownership at both national and regional levels. Other positions advocated by NATOA members include immunity legislation that would protect cities from damages resulting in First Amendment lawsuits such as turning down an applicant seeking a franchise (such as the challenge we saw in St. Paul this summer, although in that case the city did win). Another suggestion I find intriguing is that a severe tax be levied against companies that sell a system after owning it for less than 3 - 5 years. With the rising prices of these sales and subsequent rate increases passed on to subscribers such as we have experienced in the Lake Minnetonka Franchise, I think this issue could be particularly interesting to us. I have handouts from the NATOA Conference available and if you are interested in obtaining copies of any of the following, please let me know. I. Washington Update Summary Miller, Young, E Holbrooke 2. Good-bye Cable TV Hello Fiber Optics reprint from Forbes magazine 3. U.S. Court of Appeals Third Circuit: Erie Telecommunications, Inc. - Appellant V. City of Erie, Pennsylvania - Appellee 4. U.S. District Court - District of Minnesota, Third Division Order for Judgment Nor- est Cable Communications - Plaintiff V. City of St. Paul - Defendant and Continental Cablevision - Defendant in Intervention dd MINUTES OF THE MEETING OF THE SCHOOL BOARD �� 1 OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 OCT 2 5(Q88 HELD ON OCTOBER 10, 1988 The regular meeting of the School Board of Orono Independent-'School_pistrict No. 1 278 was held on Monday, October 10, 1988. - 1 Present: Dave McKown James Franklin Thomas Mich Don Anderson John Maresh William Fenholt Kitty Crosby Lucie Taylor UPON MOTION by Lucie Taylor, seconded by Jim Franklin, the consent agenda was approved as follows: - approved the minutes of the September 26, 1988 regular meeting; - approved the minutes of th- September 26, 1988 Board workshop; - approved the following variance request: Greg Van Buren, grade 10, to attend Delano Schools; - approved the appointment of Kirsten Peterson as half-time math/reading teacher for the intermediate school; - approved the appointment of Tamara Ejorkedal as a 10 hour a week gifted liaison teacher for the elementary schools; - author zed administration to accept the bid from Bob Ryan Ford in the amount of 514,837 for one handicapped van; - 3pproved the bills as covereJ by vouchers 060704 through 060833 (059972 tnrough 060703 held for manual check ) and 060153 through 060255. Dr. Mich reported that Bill Fenholt and �ucie Taylor would be attending the Orono City Council meeting tonight for final approval of the land purchase; that he appreciated the efforts of students and staff who make homecoming week so successful; that 140 employees contributed nearly $5,000 to the United Way Campaign which is an increase over last year's contributions; that Mike Preble, Schumann Elementary teacher, has been accepted into a "Science Is Elementary" elementary science teacher improvement project which involves his participation in classes every other Monday night from October, 1988 through March, 1989; that October 10 - 14 is Fire Prevention Week and both elementary schools will have a visit from the fire departments; that during the week of October 3 - 7 the ungraded classrooms each spent a day at the old Cahill School in Edina which depicts classes as they were 100 years ago; that on September 29 the Illusion Theatre presented to Schumann Elementary and the Intermediate School their "Touch" program; that Orono Primary School will have the Pacer Puppet Theatre later in the year regarding their personal body safety program; that he will be teaching The Elements of Effective Instruction for faculty beginning on October 18 and the Board is we;come to attend; that the MSBA Annual Convention will be held on January 19 - 21, 1989 at the St. Paul Civic Center; that the district is in the process of complying with the compulsory attendance law which requires information from non-public schools as well as from parents who are providing instruction in home schools; that he will be speakir- in the Humanities class at the high school on Friday, October 14; that Don P 9 has placed the order for the two computer labs, one for each of the element schools and they should be in use within six weeks. Dave McKown briefly reported on the TIES Annual Meeting which was held on Wednesday, October 5. John Maresh reported to the Board on the first meeting of the Task Force which was held on Tuesday, October 4, 1988. He provided information on the areas discussed and the avenues the committee will follow in order to collect infor- mation, allowing for parental as well as teacher input. The Board will continue to receive updates in the coming weeks. Dr. Mich reported to the Board on the curriculum review cycle and the process that will be followed during the 1988-89 school year. Karen Orcutt, Special Education Director, reported to the Board on the activi- ties of the special education program. She provided the Board with goals and objectives and a work plan which aid in focusing staff development in special education as well as the program for the coming year. Ms. Orcutt informed the Board of trends that she sees developing in the special education area. UPON MOTION by Don Anderson, seconded by Jim Franklin, the meeting was adjourned. Katherine P. Crosby, Clerk Approved: Dave McKown, Chairman October 20, 1988 Metropolitan Waste Control Commission 'Mears Park Centre, 230 East PiftA inneaota45101 L_ 1 OCT 2 41-088 1 L To Persons Interested in the Blue Lake Wastewater Treatment Plant Expansion and Upgrade: Commissioner JoEllen Hurr and I have scheduled a "Dutch treat" break- fast meeting on November 14, 1988 to explain the upgrade and expansion scheduled for the Blue Lake Wastewater Treatment Plant. We understand that there are questions regarding what improvements will be made in addition tD what the time frame is for the plant expansion. Further discussion of the Blue Lake Wastewater Treatment Plant expan- sion and upgrade is on the agenda of the Metropolitan Waste Control Commissions (MWCC) Strategic Planning Committee of the Whole meeting of October 25, 1988. In order to keep you informed of the actions of the MWCC an(: the implications of how these actions may impact your community we are holding this meeting. We hope that you wil,. be able to attend. Those invited are legisla- tors, mayors, city managers, and city engineers from the area served by the Blue Lake Wastewater Treatment Plant. We hope you will extend our invitation to attend to your city council members. INFORMATIONAL MEETING ON BLUE LAKE WASTEWATER TREATMENT PLANT EXPANSION AND UPGRADE CANTERBURY INN SHAKOPEE, MINNESOTA DATE: MONDAY, NOVEMBER 14 7:30 a.m. FOP. RESERVATIONS FOR THIS MEETING PLEASE CALL Lou Anne Staeheli (229-2095) or Pauline Langsdorf (229-2110). Sincerely, Lur4ne,' Baker -Kent, Chair LJB/LS LB10.20B lEhknuw W. LEADERS IN PUBLIC FINANCE OFFICES IN MINNEAPOLIS AND WAUKESHA • 501 Marquelle Avenue • Minneapolis, MN 55402 1255 • 612 339 8291 VOLUME 33, NUMBER 5 F ILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members November, 1988 INTEREST RATE UPDATE Tax-exempt interest rates (BBI) have not come down significantly, but have improved greatly compared to taxable rates. The October 7th BBI was at 7.53% compared with 20-year U.S. Government obligation yields of 9.18%, or the 861 was 82.0% of U.S. Government Obligations. At the end of May, the comparison was 7.96% versus 9.35%, or the BBI was 84.8% of U.S. obligations. Tax-exempt bonds are becoming more efficient. EFFICIENCY OF TAX-EXEMPT BONDS Credit Markets, i trade paper, published my essay arguing for increasing the efficiency (lowering interest rates) of lax -exempt bonds by limiting their use and by clarifying the tax laws. In response a top researcher cr a large bond underwriting firm argued that tax exemption is not an efficient "subsidy". Now -ve find in September the same firm described how the reduced volume of municipal bonds has dramatically increased the effici^ncy of tax exemption. Recently I spent a week in Tokyo which I last visited in 1945-46 when the City was ashes. Today it is mile on mile of office buildings, factories and 12.5 million people. Japanese corporations can borrow money at 6%, while the government sells at 5%. They truly have done an amazing job. � 4 /� �, Robert L. Ehlers BUILDING BETTER COMMUNITIES With the drought, you might think rural communities would hesitate to take on school bond issues. In mid -October several of Ehlers and Associates' clients had substantial school bond issues up for election. These times require local communities to compete in the local, state and world economies. It makes sense to undertake building programs In slower times. Prices are lower; quality is better; interest rates are lower; and local employment and the local economy receive a boost at a critical time. Repayment occurs later when, hopefully, conditions will have improved. FISCAL CONSULTING -- SALES VS. SERVICE A consulting firm cannot afford to support both a large sales force and provide superior service after being hired. Ehlers and Associates, Inc. does not maintain an expensive sales force, therefore, you may not see much of us before you interview fiscal consultants. But you see us when it counts - in planning and helping you present the financing to constituents. Our clients tell us that it is reassuring to work with the account executive that they interviewed for the project. Carolyn Drude OPPORTUNITIES FOR LOW INCOME HOUSING • Federal support for low income housing has been reduced, b0t the lax Reform Apt of 1986 provided an innovative and seemingly generous three-year program of tax credits for owners and investors. In 1987 the credit was 4% for acquisition; 9% for rehabilitation and new construction, but only 4% if a project used other federal subsidies or tax-exempt financing. Credits i-i 1988 and 1989 are based on a monthly prevailing interest rate formula that calculates present value credits of either 30% or 70% of qualified devslopment costs over ten years. Low income families and the community benefit when the owners, whether profit or non-profit, sell tax credits to limited partners who contribute equity, which reduces the amount of other financing, adds to the income stream, reduces the rent, and makes local projects feasible. Twenty percent of a project's units must be occupied by households with incomes under 50% of area median income, or 40% of the units must be occupied by households with incomes under 60% of area median income. The gross rent including utilities must not exceed 30% of the maximum income level for the particular size of household. If you have any questions on how this may work in your community, please give us a call. Michael Grossman 3654g 0 SUMMARY OF AREA BOND SALES • Bund Net Buyer Municipality Date Tyke of Bonds Amount Maturity Rate Index Rating Iowa West Des Moines 08/01/88 G.O. Improvement Bonds i 2,000M 1989 2000 6.16% 1.11% Ad Coon Rapids 08/15/88 Electric Revenue Bonds 1,125M 1989-1999 7.35% 1.83% Baal Red Oak 08/15/88 G.O. Bonds 600M 1990-1998 7.00% 7.83% NR Red Oak 08/15/88 Sewer Revenue Bonds 310M 1989-1999 7.24% 1.83% NR Black Hawk County 00/16/88 G.O. Purpose Bonds 3,865M 1990-1999 7.03% 1.83% Al Des Moines Community 08/16/88 New Job Training Certificates 2,640M 1990-1996 1.36% 7.83% Ad College Elkader 08/22/88 G.O. Purpose Bunds 450M 1990-2004 1.38% 7.8S% NR Clive 08/25/88 G.O. improvement Bonds 1,850M 1990 1999 6.90% 1.8S% Al Des Moines 09/01/88 Water Revenue Bonds li,IOOM 1990-2006 1.23% 1.16% Aa/AA Waverly 09/19/88 Water Revenue Bonds 1,000M 1990-200B 1.54% 7.S9% A Cedar Falls 09/26/88 Sewer Revenue Bonds 1,300M 1969-2002 7.091 7.62% A Waterloo 09/28/88 Sewer Revenue Bonds, A 2,245M 1992-2008 1.46% 1.62% Badl Waterloo 09/28/88 Sewer Revenue Bonds, B 1,180M 1990-2000 7.28% 1.62% Baal Minnesota Plymouth 08/01/88 G.O. Improvement Bonds 3,950M 1991-1995 6.43% 7.76% Ad Plymouth 08/O1/88 G.O. Tax Increment Bonds 1,025M 1991-1999 6.50% 7.16% Ad Austin 08/01/88 Taxable G.U. Tax Increment Bonds 995M 1991-20U8 9.81% 7.16% Al Austin 08/01/88 Taxable G.O. Development Bonds 1,100M 1991-2001 9.81% 7.16% Al • North Mankato Golden Valley 08/01/88 08/02/88 G.0 Tax Increment Bonds G.O. Improvement Bonds 855M 1991-1998 6.73% 1.16% A 610M 1990-1999 6.64% 7.16% Ad Golden Valley 08/02/88 G.O. Equip. Certs. of Indebt. 330M 1990-1992 6.19% 7.16% Ad Detroit lakes 08/02/88 laxable G.O. Tax Increment Bonds 560M 1991-2004 9.14% 7.16% A Wdrroad 06/03/88 Electric Revenue Bonds 400M 1992-19% 1.14% 1.16% NR Lexington 08/04/88 G.O. Improvement Bonds 260M 1990-1999 1.00% 1.761 Bad Lake County 08/04/88 G.O. Revenue Environmental 1,130M 1991-2009 1.65% 1.16% Baal Learning Center Bonds Maplewood 08/04/88 G.O. Improvement Bonds 4,160M 1989-2006 1.12% 1.16% Al/AA I.S.D. 0204 08/08/88 G.O. School Building Bonds 3,610M 1992-2009 1.56% 7.69% Baal (Kasson-Mantorville) I.S.D. 0511 08/08/08 G.O. Aid Antic. Certs. 325M 1969 6.16% 1.69% NR (Adrian) I.S.O. #51 (Foley) 08/09/BE' G.O. School Building Bonds 4,985M 1992-2010 7.43 7.69% Baal Morris 08/09/88 G.O. Improvement Bonds 250M 1990-2001 1.12% 7.69% Beal Woodbury 08/10/88 G.O. Municipal Building Bonds 2.,915M 1991-2004 1.20% 1.695 A Woodbury 08/10/88 G.0 Improvement Bonds 4,30 M 1990-1991 6.55% 1.69% A Marshall 08/15/88 G.O. Improvement Bonds 405M 1990-1997 6.67% 1.83% A St. Cloud 08/15/88 G.O. improvement Bonds 125M 1990-1999 6.85% 1.83% AI St. Cloud 08/15/88 laxable G.O. Tax Increment Bonds 1,420M 1990-2006 10.11% 1.83% Al St. Cloud 08/15/88 G.O. Tax Increment Bonds 1,445M 1991-1999 6.85% 7.831 Al St. Cloud 08/15/88 G.O. Improvement Bonds 1,615M 1991-2010 7.29% 1.83% Al Belle Pldine 08/15/88 G.O. Improvement Bonds 305M 1990-2004 7.38% 7.83% Bad Shakopee 08/16/88 G.O. Improvement Bonds 1,I0001 1990 2000 6.89% 1.83% A Lindstrom 08/18/88 G.O. improvement Bonds 305M 1990-1999 1.04% 1.83% Baal Hugo 08/22/88 G.O. Improvement Bonds 1,055M 1991-2005 1.40% 1.85% Baal Chisa90 County 08/23/88 G.O. Grant Anticipation Bonds 300M 1990 6.53% 1.8S% NR St. Charles 08/23/88 G.O. Improvement Bonds 2.55M 1990-1999 1.01% 1.85% Baal Pine island 08/23/88 Taxable G.O. Tax Increment Bonds 220M 1992-2005 10.46% 1.65% Baal Kenyon 08/29/88 G.O. Bonds 160M 1990-1999 1.10% 1.80i NR Olivia 08/29/88 G.O. Improvement Bonds 1,025M 1990-2004 1.27% 7.80% Baal Cottage Grove 08/30/88 G.O. Improvement Bonds 2,125M 1991-1994 6.45% 1.80% A Bond Net Buyer Municipality Date ire of Bonds Anount Maturity Rate Index Rating Nisswa 00/31/88 G.O. Wastewater Treatment Bonds 3,355M 1991 6.14% 1.80% NR Walker 09/06/88 Loan Anticipation Notes 1,390M 1990 6.45% 1.16% NR Litchfield 09/06/88 G.O. Improvement Bonds 500M 1990-1999 6.18% 1.16% A Litchfield 69/06/6d G 0. Disposal System 350M 1990-1999 6.82% 1.16% A Mountain Iron 09/06/88 G.O. Refunding Inproveme.; Bonds 400M 1992-1998 1.29% 1.16% Nf, Sauk Centre 09/01/88 G.O. Iniprovement Bonds 460M 1990-1999 6.92% 1.16% Bad Carver 39/12/08 G.O. Grant Anticipation ,!ands 235A 1989 6.12% 1.61% NR Carver 09/12/88 G.O. Improvement Bonds 4:JM 1990-2009 7.54% 1.61% NR Little Falls 09/12/88 C. 0. Refunding Bonds 2,810M 1990-2004 1.11% 7.61% Bad I.S.D. 6544 09/12/88 G.O. Aid Antic. School Certificates 1,150M 1989 6.18% 1.61% NR (Fergus Falls) Richfield u,/12/86 G.O. Ref. "adevelopnrnt Bonds 3,215M 1994-1999 6.15% 7.61% Ad Richfield 09/12/88 6.0. 9er ImprovcmL•nt Bonds 4,465M 1993-2004 6.91% 1.61% Ad Faribault M13/8R G.0 Sewer Revenue Bonds 1,645M 1991-2002 1.31% 1.61% A Faribault County 09/13'GO G.O. ^rant AnO c ipation Bonds 1,215M 1990 6.38% 1.61% NR I.S.D. d682 (^oseau) 09/13/88 G.O. Aid AntieipatiC:, Certificates 1,215M 1989 6.37% 1.611 NR Wadena b Ottertail Co. 09/13:f.J laxable G.O. Devclop:rnt bonds 270M 1990-1999 9.56% 7.67% Bad Brainerd 09/14/88 G.O. Equipment Cert.. of Indebt. 285M 1990-1993 6.35% 7.61% A Forest Lake 09/14/88 G 0 Improvemc,.c Bonds 550M 1989-1998 6.85% 1.61% NR Madisor C9;14/RR G.G. Sewe, i,evenue Bonds 400M 1990-2004 1.18% 1.61% Baal Chanhdsser 09/I5.'80 ':.\.dblc G.O. lax Increment Bonds 1,115M 1991-2000 9.45% 7.61% Aaa/AAA Chanhassen 09/15/150 (•.0. Bonds 1,200M 1989-2003 1.05% 1.61% Ada/AAA Eagan 09/1y.18 G.O. Improvement Bonds 13,400M 1990-2004 6.W% 7.59% AI/A. Eagan 09/19/88 G.O. Fire Facilities Bonds 1,850M 1990-2004 LOBS 7.59% Al/At Ely 09/20/88 G.O. lax Increment 225M 1991-2005 7.96% 1.59% NR Becker 09/20/88 G.O. Improvement Bands 300M 1990-1998 6.77% 1.59% A Rosemount 09/20/88 G.O. Improvement Bonds 2,150M 1990-1999 6.11% 7.59% A West St. Paul 09/26/88 G 0. Improvement Bonds 2,485M 1990-2006 1.03% 7.62% Al Wyoming 09/26/88 G.O. Imorovenx nt Bonds 215M 1991.2010 1.51% 1.62% Bad Sauk Adpids 09/26/88 G.O. Improvement Bonds 385M 1990 1999 6.IS% 1.62% A Dakota County 09/21/88 G.O. Capital Notes 1,500M 1989 6.06% 1.6?% Al/SPI# White Bear Lake 09/21/88 G.O. Improvement Bonds 1,650M 1990 2000 E.11% 7.62% A Staples 09/21/88 G.O. Improv(Ynent Bonds IIOM 1990 1999 6.93% 1.62% NR Wisconsin Eau Claire County 08/01/88 G.O. Promissory Notes 3,120M 1990-1995 6 82% 1.16% Ad 4au Claire County 08/01/88 G.O. Promissory Notes 1,6130 1990-1998 n.90% 1.16% Ad Outagdmie County 08/09/88 G.O. Improvement Bonds 18,000M 1990-2001 1.2.3% 1.69% Al Ashland 06/09/88 G.O. Refunding Bonds 2,150M 1989-1999 6.89% 1.69% A Ashland 08/09/88 G.O. Refunding Bonds 1,600M 1989 2001 1.11% 1.69% A Shell Lake (VIED) 08/15/88 Tax Anticipation Promissory Notes 1,245M 1989 6.41% 1.83% NR Beloit 08/15/88 G.O. Promissory Notes 1,250M 1989-1998 6.88% 1.83% A LaCrosse (V1AE) 08/16/88 G.O. Promissory Notes 1,100M 1989-1998 6.88% 1.83% Ad Lodi 08/22/88 G.O. Refunding Bonds 660M 1989-2003 7.11% 1.85% NR Pewaukee 08/30/88 G.O. Promissory Notes 415M 1989-1998 1.03% 1.80% NR South Milwaukee 09/06/88 G.O. Promissory Notes 2,150M 1989.1998 6.85% 7.16% A New Berlin S/D 09/26/88 Tax and Revenue Anticipation Notes 1,400M 1988 6.258% 1.16% NR Madison 09/21/88 G.O. Promissory Notes 5,500M 1989-1998 6.58% 7.62% Ada Weston 09/28/88 G.0 Promissory Notes 1,300M 1989-1998 6.99% 7.62% Baal Weston 09/28/8B Water Utility Revenue Bonds 4,415 1990-2006 1.14% 7.62% NR Onalaska 09/29/88 G.O. Refunding Bonds 3,135M 1989-2003 1.06% 1.62% Ada/AAA Onalaska 09/29/88 G.O. Library Bonds 1,050M 1989-2008 7.57% 1.62% Bad North Dakota Minot 08/01/8B G.O. Highway Construction Bonds 1,910M 1989-2006 1.48% 1.16% NR S/D N 1 (Grand Forks) 08/16/88 G.O. School Building Bonds 4,125M 1989-2008 1.39% 7.83% Ad Minot 09/06/88 Water d Sewerage Utility Rev. Bond% 1,360M 1989-2008 1.48% 1.16% A Dickinson PSD N1 09/20/88 G.O. Refunding Bonds 1,100M 1991-1991 6.99% 1.59% Bad October 19, 1988 Chief Melvin Kilbo ORONO POLICE DEPARTMENT P.O. Box #86 Crystal Bay, MN 55323 Dear Chief Kilbo: Last week, I requested a second "ride along" with Officer Larry Tomcheck. I felt the request for additional time was necessary in order to make an intelligent observation regarding a member of your Department since the first time I rode with Officer Tomcheck was on a Sunday morning for approximately 4 hours. During that time, Officer Tomcheck could only answer my questions and respond to my comments since no calls needed answering. Little did I know when I requested the additional time, which I thought would amount to a couple of hours, that I would spend 7-hours observing Officer Tomcheck and to a lesser degree, Offi-.er "Chip" English and Community Service Officer Rick Dennisen. As you may be aware, I observed the night of the Big Island f_re as well as the accident in which the Medina officer was injured along with "routine" calls and stops. It was probably a more eventful evening than I would have liked, although very interesting. I believe it is West Hennepin's good fortune having Rick become a member of% their Department. The comments made to me by residents of the community since Rick began as the Community Service Officer, have been most favorable and he will certainly be missed in Orono. Knowing Rick and watching him progress in his role has been a real ---pleasure. 1-wish him well! Maybe some day we can "lure" Rick back to Orono. Seeing Officer English for the second time only solidified my first impression of him as .an excellent officer. His "teamwork" with Rick and Officer Tomcheck on Friday night should be acknowledged. It must be a plus for other officers working with Officer English to know he will be there and respond when requested. Officer Tomcheck probably had the most difficult night of all. I wish to thank him for his patience with me in light of the events of the evening. I'm sure his job would have been much easier without a "ride -along". I did, however, get to see qualities in Page $2 October 19, 1988 Officer Tomcheck that made me realize he is a valued member of your Department. He was serving in a supervisory capacity that evening and I feel did a most commendable job. His genuine concern for his fellow officers as well as the general public was most evident. Officer Tomcheck reminded me that I was a member of the oral board when he applied for a position with Orono. That I had forgotten. After spending time with him, I feel we made the right decision a few years back when he was offered a position with the Department. I hope Officer Tomcheck will remain with the Orono Police for years to come. One final note, Chief; through the tense times and the not so tense times, your officers are human. They are to be commended for all they do and still maintain a very needed "sense of humor". Thank you for the opportunity again, member of your Department. Sincerely, Barbara A. Peterson Councilmember a to observe an additional 102588.3 MAYOR'S ARTICLE RECYCLING - At the October 24th Council meeting we directed staff to start a curbside recycling program in the City of Orono. The City of Orono together with six other communities have been doing a drop off recycl itig program under the joint powers known as the West Hennepin Recycling Commission. This effort to date has been very successful with the Cities reaching approximately a 7% recycling rate. The City however, needs to reach a 10% recycling rate by May of 1989 or the County wi 1 1 cease its funding together with the County eventually taking over the recycling program by putting in the program they would want at a price they would set. Ultimately the goal for the cities are to reach a 16% recycling goal. As a result an increased rec}cling effort needs to be undertaken. Your City bill be working to commence the program by the first part of 1989. In advance of this the City wi l l be delivering the appropriate container(s) together with applicable recycling information. It is anticipated that this wi 11 be twice a month pickup, placing these containers at your curbside. While the County will pay for a portion of the program, the City portion wi 1 1 be financed by a I+arge of about $ 1 1.00/year that will be put on as part of the ; ity and septic billing system. Those on the utility system .1 have that charge billed quarterly on their statements. The residents on the septic billing system will be billed once annually. Should you have any questions or ideas regarding this program, please feel free to contact John Gerhardson at 473-7359. COUNTY ROAD 15 - With the construction season coming to a close for 1988 the County has completed the majority of the work on 15. Unless we have mild weather through November, December and into January it is anticipated that the only work remaining will be that of some of the sidewalks and ground restoration which will wait until next spring. It should additionally be :>>ted that the Westonka Chamber and Chic Remien have undertaken a "BeaLLification Drive" in conjunction with the project and looking to make a great project even better. If you have any comments regardi-^ this please contact Chic kemien at the Westonka Chamber 41z-6780. ca J W HIGHWAY 12 - The Ad Hock Task Force, that has been exploring improvements to Highway 12, has established a meeting with the Commissioner of the Department of Transporation, Leonard Levine, for the latter part of November. The purpose of this meeting is to request Commissioner Levine's support and direction to MnDOT so that MnDOT Engineers can work to undertake the necessary short term safety improvement plus work to help determine longer range improvements to the highway. As you may be aware a petition has been submitted to both the Orono and Long Lake Councils regarding safety improvements from downtown Long Lake east to the Luce Line. Additionally it is our understanding that another petition is currently being circulated regarding the entire corridor. Your input on these matters are greatly appreciated. 1989 BUDGET/MINNESOTA PROPERTY TAX SYSTEM - In October the Council adopted its 1989 Tax Levy which will result in a less than 1/2 of 1 per cent increase in your property taxes which wi 1 1 continue to provide services at our current level. Off -setting that good news however, are changes the Legislature has made to the property tax system in 1987 and 1988 Legislative sessions. While residents will see little impact because of City taxes, changes in County and School District funding, which make up 80 to 85% of the typical tax dollar will cause a substantial rise in the property taxes for 1989. Prior to the 1988 legislative session people in the Metropolitan area were paying twice as much in property taxes as someone having the same income outstate. If the suburbs were segregated from this comparison the difference would be even greater. Subsequent changes will increase this disparity, in part because Aids to Local Governments are based on their past spending patterns. This is the result of various property tax relief efforts which benefit outstate residents but only seem to exacerbate the problem in the Metropolitan area. In 1987 the Metropolitan area, which has about 50% of the state's population, paid 64% of the taxes to the State but received only about 46% of the money back. Based on estimates this disparity is growing 2 percentage points a year. As a result of these problems the City Council has recently taken two actions to help rectify the matter. The initial one is a resolution to our State Legislators outlining our concerns and the second is the contribution towards an effort to help develop a realistic data base and proposal that would help suburban tax I payers rather than continuing to shift the money Out State. PERSONNEL NOTES - Michael Kirnyczuk - It is with regret that one of our many valued employees, Mike Kirnyczuk, has been required to resign his position as a Police Officer with the City. Mike sustained a severe lea injury while on a false alarm call and although thought it would be an injury that could be recoverable, has not seen much improvement in the last year and a half. As such, Mike is taking a new job in the securities investigation area and we wish him well. Rick Denneson - Several of you know Rick as our first Community Service Officer, who was instrumental in undertaking our own animal control program. Rick has done an excel lent job for us and will be going on to become a Police Officer with West Hennepin Public Safety, which serves Maple Plain and Independence. We wish Rick the best of luck. Sincerely, James Grabek Mayor 3 GUIDANCE AT A GLANCE DUDLEY RIGGS THEATER PERFORMANCE Upcoming Test Dates SAT - January 28, 1989 December 23. 1988 Registration Deadline ACT - December 10, 1988 November 11, 1988 Registration Deadline Juniors are reminded to obtain a Social Security number as soon as possible if they don't already have one. The number is requested on many college applications, admissions tests, and financial aid forms. Financial Aid: On December 5 there will be a meet- ing for all senior parents to discuss the financial aid form. Because of the necessity of filling out this form for Guaranteed Student Loans, this meet- ing is of general interest. Gary Ness, Financial Aid Officer at Normandale Community College, will present this material. The meeting will be held in the high school choir room at 7:00 p.m. While this meeting is planned essentially for senior parents, any junior parents who want to start planning are welcome to attend. MINNESOTA SCHOOL AND RESOURCE CENTER FOR THE ARTS Applications are available in the high school guid- ance office for the new statewide public high school of the arts located in St. Paul. Any Minnesota loth grader can apply to be considered for next years llth grade class. The class will consist of 135 full time students picked compet- itively. Another 135 students will start as iuniors in September 1990 to make a total enroll- nt of 270 llth and 12th graders. Part time „pportunities will also be available. Call a counselor at the high school for further information. Deadline to submit an application and recommendations is December 15, 1988. WE NEED YOU The Schumann Elementary Library is in need of more volunteer help for this school year. Volunteers assist with shelving, filing and other clerical duties as well as working with students on library projects. If you are able to contribute a morning or an afternoon, please call Maxine Dunlap 476-766: or leave word at the Schumann Elementary School 473-7317. Senior Citizens are most welcome. The Dudley Riggs Theater will be preforming in the Wayzata High School auditorium on Saturday evening December 3 at 7 p.m. Tickets are $3.00 each (advance purchases) or $5.00 at the door. Tickets are limited. Tickets may be purchased at the Schumann Elementary office, Wayzata District office or Wayzata Chamber of Commerce office. This is sponsored by the Arts Advisory Commission of Orono, Plymouth and Wayzata and is made possible by funding provided by the Metropolitan Council/Regional Art Council from an approval by Minnesota State Legislature. Marvel Bongart-Arts Advisory Commission ILDREN'S BOOR WEEK Students at Orono Primary and Schumann Elementary Schools will be celebrating an early Children's Book Week soon. Special events are planned for each building. We will hold our third annual Read -In at Schumann Elementary on November 7 at 1:00 p.m. and at Orono Primary on November 8 at 8:00 a.m. for kindergarten and at 1:00 p.m. for all Orono Primary students. About 80 presenters will read or tell their stories for small groups for children. Each child will hear three presentations. Special guests last year included Santa Claus, Darth Vader, Cinderella and her stepsisters and Viola Swamp. Leone Maclean Barb Keen Reading Coordinator Librarian ORONO GRAD ON TOUR The Jeff Dayton Band is on tour with Glen Campbell and has appeared on the Cable TV "Nashville Now" show. Bandleader, songwriter, Jeff is featuring his hit single "Summer When The Sun Goes Dom". Jeff, son of Patty Dayton Strong, of Wayzata, studied music theory at Orono and was a percussion- ist with the Orono Band. a1F �F ?1F i1F CIF alE i1F ilE 91f ;It a1F ilf MARCHING GRADUATES Jodi Buhrer, daughter of Gordon and Terri Huhrer, of Long Lake is playing tuba with the University of Minnesota Marching Band. Playing percussion with the band is Martha Hurr, daughter of Maland and JoEllen Hurr of Long Lake. GIVE YOUR CHILDREN F TREAT NORTH SHORE GYMNASTS QUALIFY FOR STATE Families treat yourself and your children In Kindergarten through Grade 5 to the Orono Book Fair, Friday, November 11 from 7:00 to 9:00 p.m. at the Intermediate School. We have selected some great books to choose from. Your younger children will enjoy the lovable bear Corduroy as he searches for his lost button in a large department store. Look for McCloskey's Make Way For Ducklings. Read how a family of ducks get police protection as they make their way through busy city streets. For the more sophis- ticated readers in your family we will have some Judy Bloom, Sweet Palley Adventures or choose your own from our wide selection. We have something for all sizes. From the adventures of Christopher Robin to the poetry of Robert Lewis Stevenson. We are going out of our way to make this the best Book Fair ever. So come and have a cup of cider, visit with your neighbors and browse through our books while your children listen to a story or two. Everyone is invited, bring your grandmas and grandpas, cousins and friends. Books can be purchased and taken home or special ordered. The Book Fair will be open during conferences. The tltzs are as foliu. Intermediate School: Foncay - Gov —14 5:00 p.m. - 9:00 p.m. Tuesday Nov. 15 5:0,) p.m. - 9:00 p.m. Elementary School and Primary School: Wednesday ov. 16 a.m. - 6:00 p.m. Thursday Nov. 17 10:00 a.m. - 8:00 p.m. Friday Nov. 18 8:00 a.m. -12:00 noon The Book Fair is sponsored by the Orono Parent Teacher Association. Proceeds from the Book Fair benefit our children. Give a book for Christmas! aR aR ak air air iR �► jlt � 'R ?R � � � aR alt alt '.It air � � '.fr � air U OF M HONOR BAND Diana Lee, Daughter of Myong and Sung Lee of Long Lake and Danya Bergman, daughter of Gregg and Nancy Bergman, of Maple Plain have been selected to membership in the U of M Honor Band. They will perform in concert on Sunday, October 30 at Orchestra Hall. Laura Alverson, daughter of Gil and Joyce Alverson, of Maple Plain and Rachael Hill, daughter of David and Jan Hill of Long Lake are alternates with the Band. These four musicians are all members of the Orono Concert Band. 'rhe U of M Concert Band Ensemble will perform at the same concert. North Shore's Class III Compulsory Gymnastics team placed 6th in the First USGF (United States Gymnastics Federation) Qualifying Meet of the season. The meet was held at the Thompson Academy of Gymnastics in Burnsville. The top 6 team scores were separated by a point span of only 2.75. St. Louis Park Gymnastics finished 1st with a score of 100.95. NSGA'S score was 98.?0. Placing for North Shore in the 9-11 year old age group was: Amanda Maresh - Orono - 2nd on Bars, 4th on Floor and 5th all around. Kristy Hylle - Wayzata - 4th on Vault, 7th on Bars and 9th on Floor. Brittany Simpson - Orono - 10th on Vault, 9th on Bars, 6th or. Beam and 7th all around. Megan Owen - Orono - 9th on Beam and 7th on Floor. Placing in the 12-14 year old age group was: Casey Owen - Orono - 1st on Vault, 8th on Bars, 3rd on Beam, 2nd on Floor and 3rd all around. Becky Watson - Orono - 5th on Vault and I th all around. Placing in the 15 year old age group was: Kim Brown - Orono - 2nd on all events and all around. Casey, Becky, Brittany, Amanda, Kristy and Megan all qualified to compete in the state meet, by scoring a 29.00 or better in the all around. The State Meet is scheduled for December 11, 1988. 7rr 1� A.MERICAN EDUCATION WEEK November 13-19, 1988 How long has it been since you were in a public school building? The public schools are something we pretty much take for granted and that is rather strange when you consider what an important invest- ment they are for the children of o,ir community. America's schools are an investment in our future. Orono schools are your investment in the future of this community and for this reason the Orono Education Association wishes to extend a special invitation to you to visit the Orono Schools during American Education Week, November 13-19. 1988. This is your opportunity to see how ,your investment is paying off for today and for the future. As teachers in the Orono School District, we appreciate the support you have shown for educations and we welcome the opportunity to share with you the way in which education has changed and what is happening in our classrooms. We think that it is important that you know how well our schools are keeping up with the challenge of preparing today's students for a world filled with tough decisions. Won't you please plan to visit one or all of the schools in the district sometime during American Education Week, November 13-19? We will be looking forward to your visit. Education is frequently a topic this election season. It is a generally safe topic and one which engenders interest from constituents. Most people see a direct correlation between education and opportunity, between education and the solution to social problems and between education and a full human life. In fact, President Lyndon Johnson articulated a typical -.merlcan viewpoint when he said, "At the desk where I sit, I have learned one great truth. The answer for all our national problems - the answer `or all the problems of the world - comes down to a single word. The word is education." To be sure, there is an abiding faith that education is key to our way of life - and it is. All around us are examples of the opportunities made available by education and those lost by a lack of education. As parents and educators we recognize that truth and present it ..s a constant theme to our children and students. We also turn to the schools in the face of social problems and issues. Whether the matter is safe driving, chemical abuse or a host of other social concerns, there is belief that schools can lead to solution. Finally. we also recognize the role of education in leading to a full human life. Not only assisting young people to secure career opportu- nity and responsibly deal with the challenges of society, but also helping each student to appreciate the broader dimensions to life is integral to the role of the school. What I mean by broader dimensions are such refinements for the students as wanting to read good literature, appreciating art and music, enjoying thoughtlul conversation, developing loyalties and friendships and having a moral irection. It is tempting to focus the education effort only rikU' I SCHOOL BOARD David McKo%n. Chairman 479-1692 Don Anderson. Vice Chairman 479-I810 Lucie Taylor, Treasurer 473-1189 Kitty Crosby. Clerk 478-6037 Jim Franklin, Director 479-2130 John Maresh. Director 475-3197 on career opportunities. Then education becomes training. It is expedient to focus the attention f schools only on social ills. Then education becomes problem. solving. Both career opportunities and social issues are worthy of the school's attention. Similarly, attention to the refinements of human conduct is equally important. In fact, the really successful school deals with all of these goals: career opportunities, social concerns and human refine- ments. How empty education would be if it only served one goal. Too often the rhetoric of the campaign trail is problem oriented. Helping students prepare for jobs and combat drug abuse is impor- tant work for the schools. However, there is so much more that is part of a first-rate education. Let's not settle for defining schools too narrowly. The result can only be narrow graduates. Dr. Thomts B. Mich Superintendent Teachers Barry Van Wyk and Michael Preble pose with Guy Dowd, 1986 National Teacher of the Year. Mr. Dowd addressed the Orono teachers on October 24. His talk focused on the self- esteem of students. thanks for a job well done! "ANNIE GET YOUR GUN" The high school drama and music departments will he presenting "ANNIE GET YOUR GUN" November 10, 11, 12, 18, and 19 at 7:30 p.m. in the high school auditorium. Reserved seat tickets will go on sale October 31 in the high school principal's office. Playing the lead roles of Annic and Frank are Wendy Gabriel and Eric Swenson. Other significant roles are being played by Andy Mechavich, Kristin Richard, Ned Brown, Lars Christianson, Jason Brainard, and Mark Zambreno. Student directing the pit band is Diana Lee. The play tells the story of Annie Oakley, a hillbilly sharpshooter, who displays her skill and is invited to join Buffalo Bill's Wild West Show where Frank Butler is the star marksman. Of course the two fall in love, but Frank is threatened because Annie's skill begins to rival his place in the spotlight. Familiar tunes include "Doin' What Comes Naturally," "You Can't Get a Man with a Gun," and "There's No Business Like Show Business." Tickets are $4.00 a seat and may be reserved by calling the high school office at 473-5472 but must be picKed up by 3 p.m. prior to the evening's performance. Remaining tickets will be on sale at the door each evening. Senior Citizens and district pass holders may pick up free tickets to the opening night performance on November 10. That is the only night that passes will be honored. ... ..• ... ... ... .:1 1. J. �• ``11 y, `1 �. NATIONAL EDUCATIONAL SUPPORT PERSONNEL DAY NOVEMBER 16, 1988 There's a strong support team in the public schools who hel} to make the total program run smoothly. They work from pre -dawn hours to late at night to make the schools a better place for our students. The team members help make the system go. They drive our busses ... they prepare meals for our hungry students... they keep the building shiny and clean... they assist teachers in the classrooms... they answer hundreds of telephone calls ... they keep equipment in good working order ... they provide health care assistance when needed ... and they provide valuable help to our school staff. It's a team of skillful, caring people. That's why Orono Education Association is proud to be a part of a national day set aside to recognize those team players who help to make the Orono Schools great! Wednesday, November 16, is Educational Support Personnel Day. It is a great time to say Thanks to e-ch of you from your fellow employees... The Orono Teaching Staff. �!• ak �� ak if- � ak 3k ak ak a& i& ±k ak Ik ,� +� +K ik # ♦ ak ak +IF TASK FORCE The Orono School Board has established a School Day Schedule Task Force to develop recommendations for its consideration. That Task Force, comprised of patents, teachers, and administrators, is in the process of developing a survey for all the residents of the district relative to the scheduling of the Orono Schools. That survey will be coming to your home sometime after the first of November. We would ask that you respond to it quickly and return it as directed within the survey. The Task Force will be base its recommendation to the Board on information gathered in the survey. The Task force has studied all the financial and scheduling ramifications but still feels a strong desire for community input. Both positive and negative responses have been expressed. Most elementary teachers and some parents report that the earlier schedule for elementary students promotes a very positive environment. Advanatages cited include improved student performance, alertness throughout the day and more planning time for teachers. Following is a listing of teacher and parental concerns brought to the attention of the Task Force 1. Elementary children are too tired to cat breakfast. 2. Difficulty in getting elementary children up and going not quality time. 3. I.S./M.S. students home after elementary students. 4. Daycare. 5. Not notified of the schedule change in advance. No public hearing. 6. Elementary students getting on the bus in the dark. Commuter traffic. 7. Does the shortened day create stress in children or teachers? 8. M.S. students leaving during academic day for interscholastic sports. 9. I.S./M.S. nonproductive time in the morning before school. 10. I.S./M.S. scheduling. 11. Short lunch time. If you are the parent of a primary, elementary, intermediate or middle school child you should have received via your child a .listing of the Task Force members. An informational public hearing regarding the school day schedule will be held in the high school auditorium at 7:30 p.m. on Tuesday, November 29, 1988. Regular Meeting - September. 26. 1988 cial Meeting - August 29, 1988 Adopted a resolution authorizing compromise and settlement of action acquiring certain property by proceedings in eminent domain. Regular Meeting - September 12, 1988 Approved the following variance requests: Ethan Mackey, grade 11 to complete his education at Wayzata Schools; Jennifer Kallstrom, grade 2 and Joseph Kallstrom, grade 1, to attend Eden Prairie Schools; Siri Vikan, grade 8 and Maren Vikan, grade 6, to attend Delano Schools; Joshua Miller, grade 2, and Derek Miller, kindergarten, to attend Westonka Schools; Keith Painter, II, kindergarten, tj attend Wayzata Schools; Mark Zambreno, grade 11: to continue his education at Orono Schools; Jeremy Schultz, grade 11, to attend Orono Schools; Heather Brown, grade 9, to attend Orono Schools; Tyson Morss, grade 8, to attend Orono Schools; Brent Kastner, grade 5, and Nicole Kastner, grade 2, to atter,d Orono Schools; Daniel Scroeder, grade 5, to attend Westonka Schools. Approved the appointment of Robert Doetsch as grade 3 teacher at Schumann Elementary School. Approved the appointment of Michael Wilder as grade 3 teacher at Schumann Elementary School. "Approved the appointment of Shannon Wiseman as 4/10 time speech -language clinician at Schumann Elementary School. Approved the appointment of Diane Dingmann as physical education teacher at Schumann Elementary School. Approved the appointment of Nels Chellen as grade 4 teacher at Orono Intermediate School. Approved the appointment of Kathleen Hiniker as 4/10 time English teacher at Orono Middle School. Approved the appointment of Cheryl Nikko as health secretary Orono Primary School. Approved the appointment of Audrey Zelley as library secretary at Orono Primary School. Approved the appointment of Kristin Holm as non -instructional management aide at Orono Primary School. Approved the appointment of Bob Stabnow as part- time night custodian at Orono High School. Approved the appointment of Paul Odenthal as part-time night custodian at Orono Middle Schoo'.. Approved the appointment of Marcia Frost as ��ort hour cook at Orono Primary School. Approved the appointment of Susan DeBoer as short hour cook at Schumann Elementary School. Approved the appointment of Lesley Anderson as short hour cook at Orono Middle School. Accepted the resignation of Mary Monson as short hour cook effective August 10, 1988. Accepted the MedChofce bid fo: health insurance and Sun Life bid on dental insurance. Appointed Kay Sause as representative to the °CSU advisory groups. pproved the new class offerings for the Early Childhood Family Education program. Authorized administration to proceed with the planning and implementation of a 1989 summer school program. Approved the following variance requests: Anthony Fisher, grade 2. Awuli Fisher, grade 7 and Nicole Fisher, grade 5, to attend Orono Schools; John Murphy, grade 8. Amber Murphy, grade 6, Lindsay Murphy, grade 4, and Morgan Murphy, grade 2, to attend Orono Schools. Approved the coaches for fall sports. Approved the appointment of Lynne C. Bryant as high school business education computer clerk. Approved the development and distribution of the Annual Report in ac:ordance with the pro- visions of t:ie P.E.R.law. Declared its intention to develop projects which expand and improve the educational programs of the District, and said Board authorized Dr. Thomas B. Mich, Superintendent of Schools or his designee, to execute and file application for and in behalf of the school district, and otherwise to act as its authorized representative in state and federally funded programs and that the Board declared its intention to comply with all of the requirements set forth in the "Applicant State- ment of Assurances". Authorized the call for bids on removal and replacement of underground oil tanks at the Orono Senior High School and Orono Primary School sites. Directed the Clerk of the Board to certify allow- able levies, as calculated by the Minnesota Department of Education, to Hennepin County on or before October 23, 1988. ELEMENTARY TEA"H::R PARTICIPATES IS SCIENCE GRANT TRAINING Mike Preble, second grade teacher at Schumann Elementary School, has been accepted as a participant in a Title lI Federally Funded Elementary Science Teacher Improvement Project. He is one of 15 teachers of grades 2 - 3 from the Twin Cities area to be accepted into this pr am. tie will attend Monday evening .losses from now until March. In order to be a part of this program he must share the science activities and strategies learned in the class, plus the materials used in the class, with his colleagues here at Orono. NORTH SHORE GYMNASTICS/AEROBICS REGISTRATION District Activities 11/8 Election Day 11/14 Board Meeting, MS Vocal Music Room ....... 7:00 11/16 NO SCHOOL - ALL SCHOOLS .. .................. 11/29 Public Hearing - School Schedule - High School Auditorium .......................7•10 11/24 Thanksgiving - No School 11/25 Thanksgiving Vacation - Na School Elementary Activities 11/1 O.P. Chap. I Parents Night.............7-8:00 11/7 S.E. "All School Read -In" 11/8 O.P. "All School Read -In" 11/8-9 S.E. Vision 6 Hearing Screening 11/10 O.P. Vision L Hearing Screening 11/11 Kindergarten Conferences - No School for Kdgn. 11/14 O.P. Dr. Dianne Monson - Parent Meeting..7:00 11/15 O.Y. 6 S.E. November Birthday Party 11/16 Cunferences................8:00 a.m.-6:00 p.m. No School K-3 11/17 Conferences ............. .10:00 a.m.-8:00 p.m. No School K-3 11/18 Conferences................8:00 a.m.12:00 noon No School K-3 11122 Elem./I.S. PTA at I.S. School ........ 7:15 p.m. 11/24 Thanksgiving - No School 11/25 Thanksgiving Vacation - No School Intermediate/Middle School Activities 11/1,2 Vision 6 Hearing Screening 11/2 Picture Retakes ...............8:30-10:00 a.m. 11/7 I.S. PAC Mtg........................7:15 p.m. 11/8 M.S. CAPS Day 11/14 I.S./M.S. Conferences ......... 5:00- 9:00 p.m. 11/15 I.S./M.S. Conferences ......... 5:00- 9:00 p.m. 11/15 No School 11/22 M.S. PAC'1tg.............. .......... 7:30 p.m. 11/22 I.S./Elea. PTA Bd. Mtg. Ri.b........ 7:15 p.m. 11/24 Thanksgiving - No School 11/25 Thanksgiving Vacation - No School High School Activities 11/10 "Annie Get Your Gun" (11,12,1. 19)..7:30 p.m. it/14 Math Team at Centennial .............4:00 p.m. 11/16 Conferences - No School ... 9:00 a.m.-6:00 p.m. 11/18 Girls Basketball at St. Anthony ..... 7:30 p.m. 11/18 Wrestling at Minnetonka.............6:00 p.m. 11/22 Girls Basketball - Blake - Here ..... 7:30 p.m. Hockey - Benilde-St. Margarets-Here-7:30 p.m. 11/24 Thanksgiving - No School 11/25 Thanksgiving Vacation - No School 11/26 Hockey - Eden Prairie - Here ........ 3:00 p.m. 11/29 Girls Basketball - Mound - Here ..... 7:30 p.m. Gymnastics - Wayzata - Here ......... 6:30 p.m. Wrestling at Delano.................7:30 p.m. Hockey - Delano - Here..............8:30 p.m. Gymnastic/Aerobic Fall II Registration will be held on Monday, November 21, 1:00 p.m. to 7:00 p.m. and Tuesday, November 22, 5:00 p.m. to 8:00 p.m. at the North Shore Gymnastics Association, Industrial Boulevard, Long Lake, MN. For information call 473-5514. Classes will begin on Saturday, November 26 and run through January with a break for the Christmas Holidays. NSGA opened the doors to their new facility in September of this year. The building which was designed especially for NSGA includes many features such as an in ground trampoline, bar/vault and tumbling in ground foam pits, a separate preschool aerobic area, a parent waiting room and a student locker room. NSGA is a non-profit parent directed organization. Classes are offered week day mornings, afternoons, evenings and Saturdays. Programs offered include: A parent -child gym class (for the 18 month to 3 years of age), preschool motor learning classes (for the 3 to 5 year old), and progressive gymnastics classes for boys and girls ranging in age from 5 to 18 years old. NSGA has a strong USGF team program for the competitive athlete and an aerobic conditioning program for teens and adults. i HAPPY TILANKSGI\'ING F NEWS"ETTEF ADYINISTIIATION OFFICE u S ►OStAG(�pE MS OLD CRYSTAL Mr ROAD NORTH PAID LONG LAKE, YINNESOTA 33335 Lwq Lo6,,. IEAWI „O 12 I Ii NOV - 2 +�L: P.O. Box 66 Crystal Bay MN 55323 Do&;( 5.- def.; I J aeertw'1' Cl U,14 AL - k: G'. ..de, a I hereby ce, t i I v :,epl-s-rodti.m , x 10 1 fly bull Ilip vnLr,jm(-- a pug purl to Sb,�w COFFIN & GRONIJU Mir, k--S-- T-,r ' nwe, I, nq I riee, . Lind Lorry Lake. Mi on, Sca le: 1,e: I" Uate " 11t ell I ".n Mn. c 11 KOM" W*Ym, *a-pbw- FVL LOT (Awr- AL#jm. qq Fkwr OwWwvr gal, IM. M'IMMp- Kr.w ANSAA. v4plyeawAy smMellor�s ecrgialte SURVEY FOR: John Laurent DESCRIBED AS: lot 3, Block 1, SIR,MIT S'IMION, City or (bona, Ilenuepin (booty, Mbulesota Imd mseoving easements or record. 29.19 ��5.�p�00'E •�6 ` 93_5 a qo � f15.2 F� 8 d ?�oD Lot,+ \\ W m \ ,A • 4 L � i 9f_3 f > 86 sa e f s 4 to 83 cop a 1 I J9.3 B7.3 0' � 00 .00 � ILL _I Q ., PROPOSED ELEVATIONS NCt1NARK, Top of fmwwkn owe"1,leq .43.4 / Assu.,'A Etr .P Ioa,e y O...t FIN. .9e.e : ec.t 4frN. Server lwrlN EMr.. es.% a-11 ir11N.'JET/ACK REOIREMENTS ProNNd ENratNne ENetMit ftsretlMe FINI - Itean !set — DlNnep M/KINne a11NN offset stake . w. RIet - Oatette M N- . o , SCALE: I Inch . SD Feat . .sleet "Illy 0.1 etl1 H/reA FIN r Ilelll .N Mere1N M er +aa NO.: HEDLUND ersl . e Met a e. • ee.16. ee ea�. 35ry . I '" Illm _ f ►eN MNtr Neel M YN N M Meet N NMaNNe. st Plem- dW Eogkmw np sww) y most s • I" , ss R« 9- a-ee � ar N,LIINee .Nan a O Is m / v J /-L/ / J J 4r 9 U 4 1 Q t u aQ'J� U y_ Q \ N Ir �r r r s r 0 A4 1 ii r I i lr 1 J r ' J '1 4 `12 9p b J 1 % o �o T Q O q .rypAM \ /- •13"/'1 PLClie IN �1 .�y I ♦ 11"MA LE r j1'6A11 rli li MAPLE / )/1 V •MAPLE A. Z s-I 1 I/ (•!A. �{/"yV f PLC ►t�'�,F �� •3� .O 1\n, C4"OAM WOO I t /♦ 4 pf' ♦ 1♦"MAPLE p .' ♦ 1 � `1 OAS ' '. ►t 0111 •OAM ppp ♦ .IL"OAK♦ ♦ / Oj III .1► yASS A►L i i ♦ IV'OAK ♦ 1-K^OAM � "r� t ,�ottAy'n ; P 13" LE r+.r�"MAP ti ♦ I2"A LE1iELM / / / 4w / � � tLE ♦ �"OAM 4 / ry0 / pAe r s �� �V� Q�' / AK . £ r< IV" E ' e •� ♦ AlsryMfLE i ' � 1 —N9 4'p — PLE 1 I ♦ 4' n ♦I• 1 1 1 ` 1 1 1� 1 � 1 � 1 I � hAt►E i 1 I 1